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Student Disciplinary
Alternative
Education Programs
National Hispanic
Caucus of State
Legislators
Representative Dora
F. Olivo
State of Texas
District 27
WHEREAS, the
National Hispanic
Caucus of State
Legislators (NHCSL)
is the preeminent
organization serving
and representing the
interests of
Hispanic state
legislators from all
states,
commonwealths, and
territories of the
United States and
serves as a catalyst
for joint action on
issues of common
concern to all
segments of the
Hispanic community;
and
WHEREAS,
improving the
classroom experience
for students is one
of the policy
objectives to close
the achievement gaps
as outlined by the
NHCSL and National
Black Caucus State
Legislators (NBCSL)
and to address the
needs of Hispanic
and African-American
students; and
WHEREAS,
NHCSL recognizes the
critical importance
of maintaining safe
schools and believes
strongly that we
must create a safe
environment where
teachers can teach
and our children can
learn; and
WHEREAS, well-regarded
studies have
acknowledged a "School
to Prison Pipeline"
which refers to a
continuum of
educational policies
and practices that
converge to push
students--disproportionately
poor and minority--out
of school and into
juvenile halls and
prisons; and
WHEREAS, in
many states,
disciplinary
alternative
educational settings
use sub-standard
facilities, have
poorly trained
teachers, are
inadequately funded
and do not follow
traditional
curriculum
practices, resulting
in the warehousing
of students; and
WHEREAS,
zero-tolerance and
similar disciplinary
policies are being
expanded to include
infractions that do
not threaten school
safety, resulting in
a disproportionate
number of minority
students being
ticketed, suspended
and/or expelled to
disciplinary
alternative
education programs,
that too often lead
to criminalizing
conduct that is not
unlawful; and
WHEREAS, in
some states schools
are allowed to
institute
discretionary
removal policies
that are not
mandated or required
by state law and
furthermore those
placements make up a
majority of all
placements of
students in
disciplinary
educational
settings; and
WHEREAS, the
increasing presence
of police officers
in schools raises
concerns about their
proper training and
the increasing use
of criminal justice
system to handle
problem arising in
school; and
WHEREAS,
school
accountability
policies have the
effect of
encouraging the
push-out of at-risk
and low-performing
students into
disciplinary
alternative
education programs
to boost test
scores; and
WHEREAS,
there is a need to
propose legislation
and policies to
preserve due process
rights of students
and parents when
they are confronted
with unjust or
counter-productive
disciplinary actions
by school officials
in the public school
system, or when
officials make a
mistake in
attributing
misbehavior; and
WHEREAS,
there is a continual
need to secure the
due process rights
for students with
disabilities that
are placed in
disciplinary
alternative
education programs;
and
WHEREAS,
NHSCL holds that the
necessary resources
must be made
available to schools
so critical
prevention and
intervention efforts
can be provided
before disciplinary
action is necessary
and during the a
student's placement
in disciplinary
educational
programs;
THEREFORE BE IT
RESOLVED, that
NHCSL opposes, in
principle, "zero
tolerance" and other
harsh discipline
policies that
encourage the
frequent use of
suspension for
student code
violations or
mandate expulsion to
off-campus
disciplinary
educational settings
or referral of
students to juvenile
or criminal court,
without regard to
the circumstances or
nature of the
offense or the
student's history;
and
BE IT FURTHER
RESOLVED, that
NHCSL opposes
policies and
procedures that
result in the
warehousing of
students in
disciplinary
alternative
education programs
without proper
education standards;
and
BE IT FURTHER
RESOLVED, that
NHCSL supports
policies that ensure
school safety
without compromising
accountability and
high educational
standards.
Adopted this 18th
day of March 2005 at
the National
Hispanic Caucus of
State Legislators’
Executive Committee
Meeting held in
Atlanta, Georgia
Senator Leticia Van
de Putte, TX
NHCSL President |
