Alternatives to Suspension California’s ban on suspension for willful defiance

California is leading the country in a student-centered initiative to reduce suspensions and tackle the disproportionality experienced by marginalized groups. Senate Bill 274 bans suspensions for “willful defiance” for all grades. The bill was supported by many civil rights advocacy organizations, including American Civil Liberties Union (ACLU) California and Disability Rights California, that recognize Black students and students with disabilities are suspended at significantly higher rates than their peers, as are other historically underserved populations.

ACLU California has described infractions for willful defiance as too broad and subjective, with some students being suspended for “dancing, dress code violations, or not paying attention in class.” Talking back is another common ground for willful defiance suspensions, and experts say that can be shaped by biases.

“Students belong in school,” said bill author Sen. Nancy Skinner (D-Berkeley) in a press release. “Suspending youth for low-level behavior issues leads to significant harm, including learning loss and a higher likelihood that affected students will drop out of school completely. SB 274 puts the needs of students first. Instead of kicking them out of school, we owe it to students to figure out what’s causing them to act out and help them fix it.”

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