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ESD Legislative Trends

Exclusionary School Discipline (ESD)

In November 2020, the Initiative conducted a 50-state assessment of ESD legislative trends. Our team researched policies regulating ESD, which includes suspension and expulsion, to examine how students are being removed from classrooms. We found that 32 states and the District of Columbia have legislation addressing ESD.

ESD, which is associated with various harmful outcomes, is disproportionately experienced by girls of color – especially Black girls

Download the fact sheet to learn more about national legislative trends.

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ESD-related Legislation by State

As shown in Table 1, 32 states and the District of Columbia have enacted legislation regulating use of ESD. (Information current through September 2020.)

These states appear in blue in Map 1.

Table 1

State Statute Year Enacted
AR Ark. Code § 6-18-507(b)(1) 2013
CA Cal. Educ. Code § 48915(A)(1)(C)(i-ii) 2012
CA Cal. Educ. Code § 48900(k) 1983
CO Colo. Rev. Stat. 22-33-106.1(2) 2019
CT Conn. Gen. Stat. § 10-233c(g) 2008
DC D.C. Code § 38-236.03 2018
DC D.C. Code § 38-236.04(a) 2020
FL Fla. Stat. § 1006.09 2002
FL Fla. Stat. § 1006.13 2002
GA Ga. Code Ann. § 20-2-742(b) 2018
ID Idaho Code Ann. § 33-1631(3) 2015
IL 105 Ill. Comp. Stat. 5/10-22.6(b-10) 2015
LA  La. Rev. Stat. Ann. § 17:252 2003
LA La. Rev. Stat. Ann. § 17:416 2015
LA  La. Rev. Stat. Ann. § 17:416.12 1999
MD Md. Code Ann., Educ. § 7-305(b) 2009
MD Md. Code Ann., Educ. § 7-305.1(b) 2017
ME Me. Rev. Stat. 20-A § 1001(15-A)(B) 2012
MI Mich. Comp. Laws § 380.1301(1) 1970
MN Minn. Stat. § 121A.425 2020
NC N.C. Gen. Stat. § 115C-390.2(d) 2011
NJ N.J. Rev. Stat. § 18A:37-2a 2016
NM N.M. Stat. Ann. § 22-12A-6(A)(3)(b) 2019
NE Neb. Rev. Stat. § 79-267 1994
NV Nev. Rev. Stat. § 392.467(1) 2019
OH Ohio Rev. Code Ann. § 3313.668 2017
OK Okla. Stat. 70, § 24-101.3(A) 1997
OR Or. Rev. Stat. § 339.250 2013
PA 24 Pa. Stat. Ann. § 13-1333(c) 2016
RI R.I. Gen. Laws § 16-19-1(d) 2012
RI R.I. Gen. Laws § 16-21-34(a)(5)(ii) 2011
SC S.C. Code Ann. § 59-17-135(F) 2000
TN Tenn. Code Ann. § 49-6-3009(e) 2017
TX Tex. Educ. Code Ann. § 37.005(c) 2017
UT Utah Code Ann. § 53E-3-516 2018
UT Utah Code Ann. § 53G-8-5207 1994
VA Va. Code Ann. § 22.1-277(A) 2009
WV W. Va. Code § 18A-5-1(d) 2004
WA Wash. Rev. Code § 28A.300.046(2) 2011
WA Wash. Rev. Code § 28A.600.410 1992
WA Wash. Rev. Code § 28A.600.460(5) 1997
WA Wash. Rev. Code § 28A.600.490(3) 2013
WI Wis. Stat. § 120.13(d) (2019) 1985
WY Wyo. Stat. Ann. § 21-4-305(e) 1977

References

  1. Ark. Code. Ann. § 6-18-507(b)(1) (2019); Cal. Ed. Code § 48915(A)(1)(C)(i-ii) (2019); Cal. Educ. Code § 48900(k) (2019); Colo. Rev. Stat. 22-33-106.1(2) (2019); Conn. Gen. Stat. § 10-233c(g) (2019); D.C. Code § 38-236.03 (2020); D.C. Code § 38-236.04(a) (2020); Fla. Stat. § 1006.09 (2019); Fla. Stat. § 1006.13 (2019); Ga. Code Ann. § 20-2-742(b) (2019); Idaho Code Ann. § 33-1631(3) (2019); 105 Ill. Comp. Stat. 5/10-22.6(b-10) (2019); La. Rev. Stat. Ann. § 17:252 (2019); La. Rev. Stat. Ann. § 17:416 (2019); La. Rev. Stat. Ann. § 17:416.12 (2019); Md. Code Ann. Educ. § 7-305(b) (2019); Md. Code Ann. Educ. § 7-305.1(b) (2019); Me. Rev. Stat. 20-A § 1001(15-A)(B) (2019); Mich. Comp. Laws § 380.1301(1) (2019); Minn. Stat. § 121A.425 (2020); N.C. Gen. Stat. § 115C-390.2(d) (2019); N.J. Rev. Stat. § 18A:37-2a (2019); N.M. Stat. Ann. § 22-12A-6(A)(3)(b) (2019); Neb. Rev. Stat. § 79-267 (2019); Nev. Rev. Stat. § 392.467(1) (2019); Ohio Rev. Code Ann. § 3313.668 (LexisNexis 2019); Okla. Stat. 70 § 24-101.3(A) (2019); Or. Rev. Stat. § 339.250 (2019); 24 Pa. Stat. Ann. § 13-1333(c) (2019); R.I. Gen. Laws § 16-19-1(d) (2019); R.I. Gen. Laws § 16-21-34(5)(ii) (2019); S.C. Code Ann. § 59-17-135(F) (2019); Tenn. Code Ann. § 49-6-3009(e) (2019); Tex. Educ. Code Ann. § 37.005(c) (2019); Utah Code Ann. § 53E-3-516 (2019); Utah Code Ann. § 53G-8-207 (2019); Va. Code Ann. § 22.1-277(A) (2019); W. Va. Code § 18A-5-1(d) (2019); Wash. Rev. Code § 28A.300.046(2) (2019); Wash. Rev. Code § 28A.600.410 (2019); Wash. Rev. Code § 28A.600.460(5) (2019); Wash. Rev. Code § 28A.600.490(3) (2019); Wis. Stat. § 120.13 (2019); Wyo. Stat. Ann. § 21-4-305(e) (2019).
  2. Ark. Code. Ann. § 6-18-507(b)(1) (2019); Cal. Ed. Code § 48915(A)(1)(C)(i-ii) (2019); Cal. Educ. Code § 48900(k) (2019); Colo. Rev. Stat. 22-33-106.1(2) (2019); Conn. Gen. Stat. § 10-233c(g) (2019); D.C. Code § 38-236.03 (2020); D.C. Code § 38-236.04(a) (2020); Fla. Stat. § 1006.09 (2019); Fla. Stat. § 1006.13 (2019); Ga. Code Ann. § 20-2-742(b) (2019); Idaho Code Ann. § 33-1631(3) (2019); 105 Ill. Comp. Stat. 5/10-22.6(b-10) (2019); La. Rev. Stat. Ann. § 17:252 (2019); La. Rev. Stat. Ann. § 17:416 (2019); La. Rev. Stat. Ann. § 17:416.12 (2019); Md. Code Ann. Educ. § 7-305(b) (2019); Md. Code Ann. Educ. § 7-305.1(b) (2019); Me. Rev. Stat. 20-A § 1001(15-A)(B) (2019); Mich. Comp. Laws § 380.1301(1) (2019); Minn. Stat. § 121A.425 (2020); N.C. Gen. Stat. § 115C-390.2(d) (2019); N.J. Rev. Stat. § 18A:37-2a (2019); N.M. Stat. Ann. § 22-12A-6(A)(3)(b) (2019); Neb. Rev. Stat. § 79-267 (2019); Nev. Rev. Stat. § 392.467(1) (2019); Ohio Rev. Code Ann. § 3313.668 (LexisNexis 2019); Okla. Stat. 70 § 24-101.3(A) (2019); Or. Rev. Stat. § 339.250 (2019); 24 Pa. Stat. Ann. § 13-1333(c) (2019); R.I. Gen. Laws § 16-19-1(d) (2019); R.I. Gen. Laws § 16-21-34(5)(ii) (2019); S.C. Code Ann. § 59-17-135(F) (2019); Tenn. Code Ann. § 49-6-3009(e) (2019); Tex. Educ. Code Ann. § 37.005(c) (2019); Utah Code Ann. § 53E-8-516 (2019); Utah Code Ann. § 53G-8-207 (2019); Va. Code Ann. § 22.1-277(A) (2019); W. Va. Code § 18A-5-1(d) (2019); Wash. Rev. Code § 28A.300.046(2) (2019); Wash. Rev. Code § 28A.600.410 (2019); Wash. Rev. Code § 28A.600.460(5) (2019); Wash. Rev. Code § 28A.600.490(3) (2019); Wis. Stat. § 120.13 (2019); Wyo. Stat. Ann. § 21-4-305(e) (2019).
  3. Ark. Code. Ann. § 6-18-507(b)(1) (2019), Fla. Stat. § 1006.09 (2019), Tenn. Code Ann. § 49-6-3009(e) (2019); Or. Rev. Stat. § 339.250 (2019), N.M. Stat. Ann. § 22-12A-6(A)(3)(b) (2019), 24 Pa. Stat. Ann. § 13-1333(c) (2019), Wis. Stat. § 120.13 (2019), Ariz. Rev. Stat. Ann. § 15-841 (2019), D.C. Code § 38-236.04(c) (2020),R.I. Gen. Laws § 16-19-1(d) (2019), W. Va. Code § 18A-5-1(d) (2019), N.C. Gen. Stat. § 115C-390.2(d) (2019), Md. Code Ann. Educ. § 7-305(b) (2019), Nev. Rev. Stat. § 392.467(5) (2019), Ohio Rev. Code Ann. § 3313.668 (LexisNexis 2019), Va. Code Ann. § 22.1-277(A) (2019), Cal. Educ. Code § 48900(w)(1) (2019), Neb. Rev. Stat. § 79-267 (2019) (restricting ESD response for truancy and absenteeism); R.I. Gen. Laws § 16-21-34(5)(ii) (2019) (restricting ESD response for bullying); Cal. Ed. Code § 48915(A)(1)(C)(i-ii) (restricting ESD response for substance abuse); Cal. Educ. Code § 48900(k) (2019), D.C. Code § 38-236.04(a)(2)(B) (2020), La. Rev. Stat. Ann. § 17:416.12 (2019), S.C. Code Ann. § 59-17-135(F) (2019) (restricting ESD response for disruptive classroom behavior and defiance); D.C. Code § 38-236.04(a)(2)(A) (2020) (restricting ESD response for dress code violations).
  4. Compare Ark. Code. Ann. § 6-18-507(b)(1) (2019), Fla. Stat. § 1006.09 (2019), Tenn. Code Ann. § 49-6-3009(e) (2019) (prohibiting out-of-school suspension for truancy, tardiness, or absences), and Or. Rev. Stat. § 339.250 (2019) (prohibiting expulsion for truancy), with N.M. Stat. Ann. § 22-12A-6(A)(3)(b) (2019), 24 Pa. Stat. Ann. § 13-1333(c) (2019), Wis. Stat. § 120.13 (2019) (prohibiting both out-of-school suspension and expulsion for truancy or absences); Ariz. Rev. Stat. Ann. § 15-841 (2019) (students may be expelled for absenteeism when they no longer have compulsory attendance requirements); D.C. Code § 38-236.04(c) (2020) (students can receive out-of-school suspension or expulsion for absences or tardiness only if they are over 18 years old and at a school where more than half of the students are over age 18).; Compare R.I. Gen. Laws § 16-19-1(d) (2019), W. Va. Code § 18A-5-1(d) (2019) (prohibiting out-of-school suspension when sole basis is truancy, absenteeism, or failure to attend class), and N.C. Gen. Stat. § 115C-390.2(d) (2019) (prohibiting long-term suspension and expulsion when sole basis is truancy but limiting short-term suspension for truancy to two days), with Md. Code Ann. Educ. § 7-305(b) (2019), Nev. Rev. Stat. § 392.467(5) (2019), Ohio Rev. Code Ann. § 3313.668 (LexisNexis 2019), Va. Code Ann. § 22.1-277(A) (2019) (prohibiting suspension and expulsion when sole basis is truancy or attendance-related behaviors); Cal. Educ. Code § 48900(w)(1) (2019) (“It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.”); Neb. Rev. Stat. § 79-267 (2019) (“It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a student who is truant, tardy, or otherwise absent from required school activities.”).
  5. Compare Ark. Code. Ann. § 6-18-507(b)(1) (2019), Fla. Stat. § 1006.09 (2019), Tenn. Code Ann. § 49-6-3009(e) (2019) (prohibiting out-of-school suspension for truancy, tardiness, or absences), and Or. Rev. Stat. § 339.250 (2019) (prohibiting expulsion for truancy), with N.M. Stat. Ann. § 22-12A-6(A)(3)(b) (2019), 24 Pa. Stat. Ann. § 13-1333(c) (2019), Wis. Stat. § 120.13 (2019) (prohibiting both out-of-school suspension and expulsion for truancy or absences); Ariz. Rev. Stat. Ann. § 15-841 (2019) (students may be expelled for absenteeism when they no longer have compulsory attendance requirements); D.C. Code § 38-236.04(c) (2020) (students can receive out-of-school suspension or expulsion for absences or tardiness only if they are over 18 years old and at a school where more than half of the students are over age 18).; Compare R.I. Gen. Laws § 16-19-1(d) (2019), W. Va. Code § 18A-5-1(d) (2019) (prohibiting out-of-school suspension when sole basis is truancy, absenteeism, or failure to attend class), and N.C. Gen. Stat. § 115C-390.2(d) (2019) (prohibiting long-term suspension and expulsion when sole basis is truancy but limiting short-term suspension for truancy to two days), with Md. Code Ann. Educ. § 7-305(b) (2019), Nev. Rev. Stat. § 392.467(5) (2019), Ohio Rev. Code Ann. § 3313.668 (LexisNexis 2019), Va. Code Ann. § 22.1-277(A) (2019) (prohibiting suspension and expulsion when sole basis is truancy or attendance-related behaviors).
  6. Cal. Educ. Code § 48900(w)(1) (2019) (“It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.”); Neb. Rev. Stat. § 79-267 (2019) (“It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a student who is truant, tardy, or otherwise absent from required school activities.”).
  7. R.I. Gen. Laws § 16-21-34(5)(ii) (2019) (students should not be suspended for bullying “unless it is deemed a necessary consequence of the violations.”).
  8. R.I. Gen. Laws § 16-21-34(5)(ii) (2019) (students should not be suspended for bullying “unless it is deemed a necessary consequence of the violations.”).
  9. Cal. Ed. Code § 48915(A)(1)(C)(i-ii) (expulsion prohibited for first marijuana possession if less than one ounce or possession of over-the-counter medicine used for medicinal purposes or prescription medicine).
  10. Cal. Ed. Code § 48915(A)(1)(C)(i-ii) (expulsion prohibited for first marijuana possession if less than one ounce or possession of over-the-counter medicine used for medicinal purposes or prescription medicine).
  11. Cal. Educ. Code § 48900(k) (2019) (for students who disrupt school activities or willfully defy staff, absolute prohibition against suspension for kindergarten through eighth grade students and cannot be used as grounds for expulsion for kindergarten through twelfth grade students); D.C. Code § 38-236.04(a)(2)(B) (2020) (out-of-school suspension and expulsion prohibited for “willful defiance”); La. Rev. Stat. Ann. § 17:416.12 (2019) (students are required to address school employees as “Ma’am” or “Sir” or “Mr., Miss, Mrs., or Ms. (Surname)” but may not be suspended or expelled for failing to do so); S.C. Code Ann. § 59-17-135(F) (2019) (students cannot be suspended or expelled for failing to “address and respond to the public school employee by using terms indicative of or reflecting courtesy and respect for a public school’s employees position of authority including, but not limited to, sir, ma’am, thank you, and please.”).
  12. La. Rev. Stat. Ann. § 17:416.12 (2019) (students are required to address school employees as “Ma’am” or “Sir” or “Mr., Miss, Mrs., or Ms. (Surname)” but may not be suspended or expelled for failing to do so); S.C. Code Ann. § 59-17-135(F) (2019) (students cannot be suspended or expelled for failing to “address and respond to the public school employee by using terms indicative of or reflecting courtesy and respect for a public school’s employees position of authority including, but not limited to, sir, ma’am, thank you, and please.”).
  13. Cal. Educ. Code § 48900(k) (2019) (for students who disrupt school activities or willfully defy staff, absolute prohibition against suspension for kindergarten through eighth grade students and cannot be used as grounds for expulsion for kindergarten through twelfth grade students); D.C. Code § 38-236.04(a)(2)(B) (2020) (out-of-school suspension and expulsion prohibited for “willful defiance”).
  14. D.C. Code § 38-236.04(a)(2)(A) (2020) (prohibiting out of school-of-school suspension or disciplinary unenrollment for kindergarten through twelfth grade for violations of dress code).
  15. D.C. Code § 38-236.04(a)(2)(A) (2020) (prohibiting out of school-of-school suspension or disciplinary unenrollment for kindergarten through twelfth grade for violations of dress code).
  16. Ark. Code. Ann. § 6-18-507(b)(2) (2019) (prohibiting out-of-school suspension or expulsion for kindergarten through fifth grade students unless student’s actions present a physical risk to the student or others or causes a serious disruption that cannot be otherwise remedied); Colo. Rev. Stat. 22-33-106.1(2) (2019) (schools may only use out-of-school suspension or expulsion for preschool through second grade students if the student engages in certain behaviors, including dangerous weapon possession, controlled substance offenses, or creates a safety threat or dangers to others; school must follow stricter procedural protections before suspending or expelling the student); Conn. Gen. Stat. § 10-233c(g) (2019) (preschool through second grade students may only receive in-school suspensions if the student’s conduct was violent or sexual and endangers another person; third to twelfth grade students may only receive in-school suspensions if the student poses a danger to people or property or has a history of previous discipline problems that have not been adequately address through other means); D.C. Code § 38-236.04(a) (2020) (kindergarten through eighth grade students may not receive suspension or expulsion unless the student caused or threatened bodily injury or emotion distress to another person; ninth through twelfth grade students may not receive suspension or expulsion for certain behaviors); Ga. Code Ann. § 20-2-742(b) (2019) (preschool through third grade students may not be suspended or expelled for more than five days “without first receiving a multi-tiered system of supports, such as response to intervention,” unless the student endangered the safety of others or possessed a weapon or controlled substances); Md. Code Ann. Educ. § 7-305.1(b) (2019) (prekindergarten through second grade students may not be suspended or expelled unless required by federal law or they present an imminent threat to others); Minn. Stat. § 121A.425 (2020) (students in preschool or prekindergarten may not be expelled or excluded, unless non-exclusionary discipline is attempted and only if there is “an ongoing serious safety threat to the child or others.”); Nev. Rev. Stat. § 392.467(1) (2019) (students under age 10 may not be permanently expelled unless the student has more than one occurrence of battery or possession of a firearm or dangerous weapon); N.J. Rev. Stat. § 18A:37-2a (2019) (preschool students may not be suspended or expelled except for firearm possession; kindergarten through second grade students may not be expelled except for firearm possession or violent or sexual conduct that endangers others); Ohio Rev. Code Ann. § 3313.668(B)(1) (LexisNexis 2019) (kindergarten through third grade students may not receive out-of-school suspension or expulsion unless the student commits certain enumerated behaviors involving firearms, knives, bomb threats, commits serious harm to a person, or if the suspension or expulsion necessary to protect others’ health and safety); Or. Rev. Stat. § 339.250(2)(c) (2019) (students in fifth grade and under can only receive out-of-school suspension or expulsion for seriously harming another person, presenting a direct threat to others’ health and safety, or if required by law); Tex. Educ. Code Ann. § 37.005(c) (2019) (students under grade three cannot receive out-of-school suspension unless they commit criminal offenses involving violence, weapons, controlled substances, or alcohol); Va. Code Ann. § 22.1-277(B) (2019) (preschool through third grade students may not be suspended for more than three school days or expelled unless the student physically harms another person, presents a credible threat of harm, possesses firearms or controlled substances, or “the local school board or the division superintendent or his designee finds that aggravating circumstances exist, as defined by the Department”).
  17. Ark. Code. Ann. § 6-18-507(b)(2) (2019) (prohibiting out-of-school suspension or expulsion for kindergarten through fifth grade students unless student’s actions present a physical risk to the student or others or causes a serious disruption that cannot be otherwise remedied); Colo. Rev. Stat. 22-33-106.1(2) (2019) (schools may only use out-of-school suspension or expulsion for preschool through second grade students if the student engages in certain behaviors, including dangerous weapon possession, controlled substance offenses, or creates a safety threat or dangers to others; school must follow stricter procedural protections before suspending or expelling the student); Conn. Gen. Stat. § 10-233c(g) (2019) (preschool through second grade students may only receive in-school suspensions if the student’s conduct was violent or sexual and endangers another person; third to twelfth grade students may only receive in-school suspensions if the student poses a danger to people or property or has a history of previous discipline problems that have not been adequately address through other means); D.C. Code § 38-236.04(a) (2020) (kindergarten through eighth grade students may not receive suspension or expulsion unless the student caused or threatened bodily injury or emotion distress to another person; ninth through twelfth grade students may not receive suspension or expulsion for certain behaviors); Ga. Code Ann. § 20-2-742(b) (2019) (preschool through third grade students may not be suspended or expelled for more than five days “without first receiving a multi-tiered system of supports, such as response to intervention,” unless the student endangered the safety of others or possessed a weapon or controlled substances); Md. Code Ann. Educ. § 7-305.1(b) (2019) (prekindergarten through second grade students may not be suspended or expelled unless required by federal law or they present an imminent threat to others); Minn. Stat. § 121A.425 (2020) (students in preschool or prekindergarten may not be expelled or excluded, unless non-exclusionary discipline is attempted and only if there is “an ongoing serious safety threat to the child or others.”); Nev. Rev. Stat. § 392.467(1) (2019) (students under age 10 may not be permanently expelled unless the student has more than one occurrence of battery or possession of a firearm or dangerous weapon); N.J. Rev. Stat. § 18A:37-2a (2019) (preschool students may not be suspended or expelled except for firearm possession; kindergarten through second grade students may not be expelled except for firearm possession or violent or sexual conduct that endangers others); Ohio Rev. Code Ann. § 3313.668(B)(1) (LexisNexis 2019) (kindergarten through third grade students may not receive out-of-school suspension or expulsion unless the student commits certain enumerated behaviors involving firearms, knives, bomb threats, commits serious harm to a person, or if the suspension or expulsion necessary to protect others’ health and safety); Or. Rev. Stat. § 339.250(2)(c) (2019) (students in fifth grade and under can only receive out-of-school suspension or expulsion for seriously harming another person, presenting a direct threat to others’ health and safety, or if required by law); Tex. Educ. Code Ann. § 37.005(c) (2019) (students under grade three cannot receive out-of-school suspension unless they commit criminal offenses involving violence, weapons, controlled substances, or alcohol); Va. Code Ann. § 22.1-277(B) (2019) (preschool through third grade students may not be suspended for more than three school days or expelled unless the student physically harms another person, presents a credible threat of harm, possesses firearms or controlled substances, or “the local school board or the division superintendent or his designee finds that aggravating circumstances exist, as defined by the Department”).
  18. Cal. Educ. Code § 48900(v) (2019) (encouraging superintendent or principal to provide alternatives to suspension and expulsion “using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupil’s specific misbehavior”); Cal. Educ. Code § 48900.5(a) (2019) (prohibiting suspension until other means of prevention have been tried, potentially including participation in restorative justice program); Colo. Rev. Stat. § 22-32-109.1(L)(II)(B) (2019) (requiring school districts to include plans for alternatives to exclusionary school discipline such as “prevention, intervention, restorative justice, peer mediation, counseling, or other approaches to address student misconduct, which approaches are designed to minimize student exposure to the criminal and juvenile justice system); Colo. Rev. Stat. § 22-32-144 (2019) (encouraging the use of restorative justice as an alternative to exclusionary school discipline for certain behavioral offenses); D.C. Code § 38-236.03(b)(9) (2020) (promoting the use of restorative justice as an alternative to exclusionary school discipline where appropriate); Fla. Stat. § 1006.13 (2019) (allowing threat assessment teams to consider the use of alternatives to expulsion such as restorative justice); Idaho Code Ann. § 33-1631(3) (2019) (requiring graduated disciplinary consequences, potentially including counseling and restorative justice);  105 Ill. Comp. Stat. 5/10-22.6(b-5) (2019) (recommending consideration of non-exclusionary school discipline prior to out-of-school suspension or expulsion); Me. Rev. Stat. 20-A § 1001(15-A)(B) (2019) (requiring school boards to focus on “positive and restorative” forms of discipline); Md. Code Ann. Educ. § 7-305.1(d) (2019) (requiring use of positive behavior interventions and supports and restorative practices for school discipline as part of a whole school ethos); Md. Code Ann. Educ. § 7-306(d) (2019) (establishing a school discipline model that is focused on restorative practices, including mediation and positive behavior interventions and supports); Mich. Comp. Laws § 380.1310c (2019) (requiring the use of restorative practices instead of or in addition to exclusionary school discipline); Mich. Comp. Laws § 380.1310d (2019; Minn. Stat. § 121A.425 (2020) (requiring consideration of restorative practices and other alternatives prior to use of exclusionary school discipline); Neb. Rev. Stat. § 79-258 (2019) (allowing alternative disciplinary action, potentially including restorative justice practices and services); Nev. Rev. Stat. § 392.4644 [Added by Acts 2019, ch. 559, § 3.3] (2019) (providing for restorative discipline and on-site review of disciplinary decisions); N.J. Stat. Ann. § 18A:35-4.31 (2019) (limiting recess and disciplinary action for children grades kindergarten through fifth grade and requiring use of restorative practices as an alternative); Okla. Stat. 70 § 24-101.3(A) (2019); Or. Rev. Stat. § 339.250(5)(h) (2019) (requiring consideration of alternatives prior to out-of-school suspension for students in kindergarten through fifth grade); Tenn. Code Ann. § 49-6-3024(b-c) (2019) (recommending alternatives to exclusionary school discipline such as restorative justice for students in pre-kindergarten and kindergarten); Tex. Educ. Code Ann. § 37.0013 (2019) (requiring alternative to exclusionary school discipline for children in pre-school through second grade, including restorative justice); Utah Code Ann. § 53G-8-207 (2019) (requiring school superintendent to research and provide alternatives to exclusionary school discipline); Va. Code Ann. § 22.1-16.6 (2019) (requiring consideration of alternatives to short-term and long-term suspension, including “positive behavior incentives, mediation, peer-to-peer counseling, community service, and other intervention alternatives”; Wash. Rev. Code § 28A.600.410 (2019) (encouraging alternatives to out-of-school suspension, including counseling).
  19. Cal. Educ. Code § 48900(v) (2019) (encouraging superintendent or principal to provide alternatives to suspension and expulsion “using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupil’s specific misbehavior”); Cal. Educ. Code § 48900.5(a) (2019) (prohibiting suspension until other means of prevention have been tried, potentially including participation in restorative justice program); Colo. Rev. Stat. § 22-32-109.1(L)(II)(B) (2019) (requiring school districts to include plans for alternatives to exclusionary school discipline such as “prevention, intervention, restorative justice, peer mediation, counseling, or other approaches to address student misconduct, which approaches are designed to minimize student exposure to the criminal and juvenile justice system); Colo. Rev. Stat. § 22-32-144 (2019) (encouraging the use of restorative justice as an alternative to exclusionary school discipline for certain behavioral offenses); D.C. Code § 38-236.03(b)(9) (2020) (promoting the use of restorative justice as an alternative to exclusionary school discipline where appropriate); Fla. Stat. § 1006.13 (2019) (allowing threat assessment teams to consider the use of alternatives to expulsion such as restorative justice); Idaho Code Ann. § 33-1631(3) (2019) (requiring graduated disciplinary consequences, potentially including counseling and restorative justice);  105 Ill. Comp. Stat. 5/10-22.6(b-5) (2019) (recommending consideration of non-exclusionary school discipline prior to out-of-school suspension or expulsion); Me. Rev. Stat. 20-A § 1001(15-A)(B) (2019) (requiring school boards to focus on “positive and restorative” forms of discipline); Md. Code Ann. Educ. § 7-305.1(d) (2019) (requiring use of positive behavior interventions and supports and restorative practices for school discipline as part of a whole school ethos); Md. Code Ann. Educ. § 7-306(d) (2019) (establishing a school discipline model that is focused on restorative practices, including mediation and positive behavior interventions and supports); Mich. Comp. Laws § 380.1310c (2019) (requiring the use of restorative practices instead of or in addition to exclusionary school discipline); Mich. Comp. Laws § 380.1310d (2019; Minn. Stat. § 121A.425 (2020) (requiring consideration of restorative practices and other alternatives prior to use of exclusionary school discipline); Neb. Rev. Stat. § 79-258 (2019) (allowing alternative disciplinary action, potentially including restorative justice practices and services); Nev. Rev. Stat. § 392.4644 [Added by Acts 2019, ch. 559, § 3.3] (2019) (providing for restorative discipline and on-site review of disciplinary decisions); N.J. Stat. Ann. § 18A:35-4.31 (2019) (limiting recess and disciplinary action for children grades kindergarten through fifth grade and requiring use of restorative practices as an alternative); Okla. Stat. 70 § 24-101.3(A) (2019); Or. Rev. Stat. § 339.250(5)(h) (2019) (requiring consideration of alternatives prior to out-of-school suspension for students in kindergarten through fifth grade); Tenn. Code Ann. § 49-6-3024(b-c) (2019) (recommending alternatives to exclusionary school discipline such as restorative justice for students in pre-kindergarten and kindergarten); Tex. Educ. Code Ann. § 37.0013 (2019) (requiring alternative to exclusionary school discipline for children in pre-school through second grade, including restorative justice); Utah Code Ann. § 53G-8-207 (2019) (requiring school superintendent to research and provide alternatives to exclusionary school discipline); Va. Code Ann. § 22.1-16.6 (2019) (requiring consideration of alternatives to short-term and long-term suspension, including “positive behavior incentives, mediation, peer-to-peer counseling, community service, and other intervention alternatives”; Wash. Rev. Code § 28A.600.410 (2019) (encouraging alternatives to out-of-school suspension, including counseling).
  20. Colo. Rev. Stat. 22-14-103 (2019) (requiring analysis of student data “pertaining to student dropout rates, graduation rates, completion rates, mobility rates, truancy rates, suspension and expulsion rates, safety or discipline incidences, and student academic growth data at the state and local level”); Conn. Gen. Stat. § 10-233n(b) (2019) (requiring annual examination of data relating to “in-school suspensions, out-of-school suspensions, expulsions and school-based arrests”, and disaggregation of data by gender, race, ethnicity, age and disability status); D.C. Code § 38-236.06(d) (2020) (requiring data collection on “school implementation of practices to promote school safety and reduce the use of exclusion”); Del. Code Ann. tit. 14 § 703 (2019) (requiring data collection on use of exclusionary school discipline, disaggregated by race, ethnicity, gender, grade level, limited English proficiency, incident type, discipline duration, disability status); Ga. Code Ann. § 20-2-740 (2019) (requiring data collection on use of exclusionary school discipline disaggregated by age, grade level, race, and gender); 105 Ill. Comp. Stat. 5/2-3.162 (2019) (requiring data collection on use of exclusionary school discipline disaggregated by race and ethnicity, gender, age, grade level, whether a student is an English learner, incident type, and discipline duration); Ky. Rev. Stat. Ann. § 158.445(1) (LexisNexis 2019) (requiring data assessment on the use of exclusionary school disciplinary, requiring development of “plan for immediate and long-term strategies to address school safety and discipline”); La. Rev. Stat. Ann. § 17:252(A)(2)(i) (2019) (requiring regular review of discipline data “to determine what additional classroom management training is needed, if any, and what additional classroom support activities should be provided”); Md. Code Ann. Educ. § 7-203(c)(2)(iii)(5) (LexisNexis 2019) (listing inclusion of data on discipline and restorative practices as school quality indicator); Md. Code Ann. Educ. § 7-306(f) (LexisNexis 2019) (requiring collection of school discipline data and disaggregation by race, ethnicity, gender, disability status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic status, English language proficiency, and type of discipline); N.C. Gen. Stat. § 115C-12(27) (2019) (requiring data collection and reporting on school discipline data disaggregated by race, gender, grade level, ethnicity, and disability status); R.I. Gen. Laws § 16-2-17 (2019) (requiring collection of discipline data to determine whether the discipline imposed has a disproportionate impact on students based on race, ethnicity or disability status); Tex. Educ. Code Ann. § 38.308 (2019) (requiring collection and analysis of school discipline data and mental health services disaggregated by race, ethnicity, gender, special education status, educationally disadvantaged status, and geographic location); Utah Code Ann. § 53E-3-516 (2019) (requiring collection of school discipline data disaggregated by age, grade level, race, sex, and disability status); Wash. Rev. Code § 28A.300.046(2) (2019) (requiring collection and publication of school discipline and attendance data); Wash. Rev. Code § 28A.600.460(5) (2019) (requiring collection and publication of school discipline data); Wash. Rev. Code § 28A.600.490(3) (2019) (recommending revision of school discipline data collection standards).
  21. Colo. Rev. Stat. 22-14-103 (2019) (requiring analysis of student data “pertaining to student dropout rates, graduation rates, completion rates, mobility rates, truancy rates, suspension and expulsion rates, safety or discipline incidences, and student academic growth data at the state and local level”); Conn. Gen. Stat. § 10-233n(b) (2019) (requiring annual examination of data relating to “in-school suspensions, out-of-school suspensions, expulsions and school-based arrests”, and disaggregation of data by gender, race, ethnicity, age and disability status); D.C. Code § 38-236.06(d) (2020) (requiring data collection on “school implementation of practices to promote school safety and reduce the use of exclusion”); Del. Code Ann. tit. 14 § 703 (2019) (requiring data collection on use of exclusionary school discipline, disaggregated by race, ethnicity, gender, grade level, limited English proficiency, incident type, discipline duration, disability status); Ga. Code Ann. § 20-2-740 (2019) (requiring data collection on use of exclusionary school discipline disaggregated by age, grade level, race, and gender); 105 Ill. Comp. Stat. 5/2-3.162 (2019) (requiring data collection on use of exclusionary school discipline disaggregated by race and ethnicity, gender, age, grade level, whether a student is an English learner, incident type, and discipline duration); Ky. Rev. Stat. Ann. § 158.445(1) (LexisNexis 2019) (requiring data assessment on the use of exclusionary school disciplinary, requiring development of “plan for immediate and long-term strategies to address school safety and discipline”); La. Rev. Stat. Ann. § 17:252(A)(2)(i) (2019) (requiring regular review of discipline data “to determine what additional classroom management training is needed, if any, and what additional classroom support activities should be provided”); Md. Code Ann. Educ. § 7-203(c)(2)(iii)(5) (LexisNexis 2019) (listing inclusion of data on discipline and restorative practices as school quality indicator); Md. Code Ann. Educ. § 7-306(f) (LexisNexis 2019) (requiring collection of school discipline data and disaggregation by race, ethnicity, gender, disability status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic status, English language proficiency, and type of discipline); N.C. Gen. Stat. § 115C-12(27) (2019) (requiring data collection and reporting on school discipline data disaggregated by race, gender, grade level, ethnicity, and disability status); R.I. Gen. Laws § 16-2-17 (2019) (requiring collection of discipline data to determine whether the discipline imposed has a disproportionate impact on students based on race, ethnicity or disability status); Tex. Educ. Code Ann. § 38.308 (2019) (requiring collection and analysis of school discipline data and mental health services disaggregated by race, ethnicity, gender, special education status, educationally disadvantaged status, and geographic location); Utah Code Ann. § 53E-3-516 (2019) (requiring collection of school discipline data disaggregated by age, grade level, race, sex, and disability status); Wash. Rev. Code § 28A.300.046(2) (2019) (requiring collection and publication of school discipline and attendance data); Wash. Rev. Code § 28A.600.460(5) (2019) (requiring collection and publication of school discipline data); Wash. Rev. Code § 28A.600.490(3) (2019) (recommending revision of school discipline data collection standards).