The action comes as the state legislature has before it a bill (AB 420) -- which passed the Assembly, stalled in the state Senate and can now be taken up in 2014 -- that would enact more sweeping school discipline measures (text below) and would apply to school districts statewide.

The LBUSD policy, presented by LBUSD Superintendent Chris Steinhauser and enacted by the Board, stops short of banning suspensions for wilful defiance. It comes one week after Long Beach City Councilman Steven Neal, joined by Councilman Al Austin and Vice Mayor Robert Garcia, agendized an item that as initially proposed sought to have City Hall [which doesn't govern LBUSD] urge LBUSD to implement "restorative justice" measures to reduce student suspensions and expulsions. Before that recommendation could be debated, proponent Neal revised the item on the Council floor to send the issue to a joint Council-School district committee (comprised in part of Garcia and Neal) for public discussion with participation by teachers and school officials.

The LBUSD School Board adopted measure states (full text):

RESOLUTION OF THE BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT ON SCHOOL DISCIPLINE PRINCIPLES AND PRACTICES

WHEREAS, the pursuit of academic excellence requires students to attend class regularly, and suspensions and expulsions by definition remove students from class; and

WHEREAS, while Long Beach Unified School District data show that expulsions affect less than 1 percent of students, in-school suspensions affect approximately 1 percent of students, and out-of-school suspensions affect approximately 6 percent of students, the Board recognizes that such relatively small percentages still result in students missing considerable and valuable classroom time; and

WHEREAS, existing behavior expectations and discipline procedures and practices call for teachers and administrators to make certain that rules are carried out in a fair and reasonable manner, and in dealing with behavior problems in the classroom, the first steps taken by the teacher shall include: (a) conference with the student and contact with parents; (b) referral to the counselor or principal (or designee) if there’s no change in behavior, or (c) referral to the principal (or designee) for serious infraction; and

WHEREAS , when determining appropriate consequences, administrators work from an investigation protocol that ensures the due process rights of all involved; and

WHEREAS, discipline should be equitable, timely, consistent, fair, developmentally appropriate, and match the severity of the student’s misbehavior while ensuring school safety and minimizing the loss of instructional time; and

WHEREAS, school accountability measures under the state’s recently approved Local Control Funding Formula and the U.S. Department of Education’s recently approved federal waiver from No Child Left Behind rules require close monitoring of school climate data such as student suspensions, affecting each school’s ultimate performance rating;

NOW, THEREFORE, BE IT RESOLVED, that this Board urges careful monitoring by school and district administrators to prevent, to the greatest extent possible, a disproportionate share of suspensions from occurring at a given school campus or within demographic subgroups of students.

AND BE IT FURTHER RESOLVED, that this Board urges schools to build upon existing efforts to provide alternatives to suspension or expulsion, using multiple strategies including conflict resolution, individual and school-wide positive behavior supports, and elements of restorative practices that focus on prevention, early intervention and the opportunity for students to learn appropriate behaviors

The School Board's Oct. 8 vote, and the Council's Oct. 1 recommendation, were hailed as victories by "Every Student Matters," an advocacy group with students visible in the forefront, backed by Californians for Justice, an advocacy group which indicates on its website that it receives ongoing support from groups including The California Endowment and the Liberty Hill Foundation.

Prior to the School Board's Oct. 8 meeting, students held a rally outside LBUSD HQ to which media outlets were invited with a press release. Californians for Justice provided transportation, including buses, which picked up and brought students to the rally and Board meeting from a number of LBUSD schools. Nearly all arriving students wore pre-manufactured advocacy T-shirts shirts. Signs were separately brought to the event. Photos below are from the Facebook page of Every Student Matters supporter Chris Covington.

The "Every Student Matters" campaign announced itself in early 2013 -- roughly the same time as AB 420 was introduced -- urging LBUSD -- the third largest school district in the state -- to adopt "restorative justice" and alternative discriplinary measures to reduce suspensions at schools with disproportionately suspension rates.

In a release prior to the Oct. 8 School Board meeting, Every Student Matters said "passing the [LBUSD] resolution would be a key step to transform disciplinary approaches that hold back young people into practices that create learning environments that are safe, healthy and supportive for all students."

Teachers Association of Long Beach Executive Director Joe Boyd told LBREPORT.com prior to the Board meeting that TALB hadn't taken a position on the LBUSD discipline changes.

The Every Student Matters event release indicated:

The rally is organized by Every Student Matters (ESM), the first student-led policy advocacy campaign organized by the Building Healthy Communities Youth Committee. We seek to foster school discipline practices that address the root causes of behavioral issues, restore justice, and put students on a path to success. Every Student Matters is a campaign of the Brothers Sons Selves initiative at Liberty Hill Foundation. Brothers Sons Selves is a coalition of L.A. County community organizations working towards a common agenda to improve the lives of young men and was created in partnership with The California Endowment.

The efforts to change LBUSD's disciplinary practices quietly parallels efforts in Sacramento to enact a bill that would affect school disciplinary policies statewide. AB 420 (introduced by Assemblyman Roger Dickinson, D, Sacramento) would [State Senate legislative analysis text] eliminate the option to suspend or recommend for expulsion a pupil who disrupted school activities or otherwise willfully defied the authority of school officials, allows schools to suspend a pupil in grades 6-12 who has "substantially disrupted" school activities or "substantially prevented" instruction from occurring. The bill also states the intent of the Legislature to address the disproportionate suspension of particular pupil subgroups and encourage schools to prioritize and use alternate means of correction. (Full bill text can be viewed here.)

AB 420 is co-sponsored by the ACLU and its supporters include the leadership of the CA State PTA. (Extended list of AB 420 supporters/opponents below.)

The measure passed the Assembly (with a "yes" vote by Assemblywoman Bonnie Lowenthal) but stalled in the state Senate and has been made a "two year bill" (meaning it can be considered again in 2014.)

During an Oct. 6 LBUSD School Board candidates forum, candidate Uduak Ntuk voiced his support for incorporating "restorative justice" changes in LBUSD school disciplinary policies...and indicated that in early November, a state legislative committee plans to hold a field hearing in the area on the issue. [Mr. Ntuk didn't mention AB 420.]

Governor Jerry Brown vetoed similar legislation last year saying [veto message] "I cannot support limiting the authority of local school leaders, especially at a time when budget cuts have greatly increased class sizes and reduced the number of school personnel. It is important that teachers and school officials retain broad discretion to manage and set the tone in the classroom. The principle of subsidiarity calls for greater, not less, deference to our elected school boards which are directly accountable to the citizenry."

A state Senate analysis summarizes the arguments in support/opposition to AB 420 as follows:

ARGUMENTS IN SUPPORT: Supporters of this bill maintain that to limit the use of suspension and expulsion for acts of disruption and defiance encourages other means of correction as the preferred remedy for such acts by only allowing high school students to be suspended on these grounds, only permitting such suspensions after multiple offenses, and removing the ability to expel students for such acts.

ARGUMENTS IN OPPOSITION : Opponents argue that this bill "restricts a district from suspending or expelling a student in grades Kindergarten to Grade 5 for acts of will defiance.

AB 420 [State Senate Legislative Analysis text]

1. Eliminates the option to suspend or recommend for expulsion a pupil who disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.

2.Authorizes schools to suspend a pupil in grades 6-12 who has substantially disrupted school activities or substantially prevented instruction from occurring.

3.Limits the authority to suspend a pupil for substantially disrupting school activities or substantially preventing instruction from occurring to the third or more offense in a school year, and only if the pupil's parent, guardian or educational rights holder has been informed that other means of correction were attempted before the recommendation to suspend.

4.Prohibits a pupil from being recommended for expulsion for substantial disruption of school activities or substantial prevention of instruction from occurring.

5.Specifically authorizes teachers to continue to suspend from class for up to 2 days a pupil in any grade who disrupts school activities or otherwise willfully defies the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.

6.States it is the intent of the Legislature to address the disproportionate suspension of particular pupil subgroups, and to encourage schools to prioritize and use alternative means of correction such as participation in a restorative justice program or a positive behavior support system with tiered interventions to improve educational outcomes for children.

According to the bill's author [quoted in state Senate legislative analysis]:

Existing law provides that students can be suspended or recommended for expulsion from a school district for willful defiance, defined simply as: disrupting school activities or otherwise willfully defying the valid authority of school staff.

Without regard to the severity, under this highly subjective category, students can be suspended or expelled from the entire district and denied valuable instructional time for any disruptive or defiant behavior including failing to turn in homework, not paying attention, or refusing to follow directions.

California has one of the highest rates of suspension in the nation, with more than 700,000 recorded suspensions in 2010-11. Nationally, nearly 43% of all out-of-school suspensions are for insubordination, whereas only .7% are for use or possession of a firearm or explosive. According to unofficial data obtained from the California Department of Education, it is estimated that "willful defiance" was identified as the most "severe" grounds for 42% of all suspensions in 2010-11.

Under this highly subjective category, students are sent home, too often to an empty home, with no supervision, and denied valuable instructional time for anything from failing to turn in homework, not paying attention, or refusing to follow directions, taking off a coat or hat, or swearing in class. They can also be potentially expelled from a district for such offenses.

In vetoing a similar bill last year, Governor Brown wrote:

I cannot support limiting the authority of local school leaders, especially at a time when budget cuts have greatly increased class sizes and reduced the number of school personnel. It is important that teachers and school officials retain broad discretion to manage and set the tone in the classroom.

The principle of subsidiarity calls for greater, not less, deference to our elected school boards which are directly accountable to the citizenry.

AB 420's support/opposition is listed in the most recent state Senate analysis as follows:

SUPPORT (8/6/13)

ACLU (co-source)
Brothers, Sons, Selves (co-source)
Children Now (co-source)
Fight Crime: Invest in Kids (co-source)
Public Counsel (co-source)
Advancement Project
Alameda Unified School District
American Academy of Pediatrics
Attendance Works
Black Organizing Project
Black Parallel School Board
Brotherhood Crusade
Cadre
California Alliance of African American Educators
California Black Health Network
California Correctional Peace Officers Association
California Mental Health Directors Association
California National Organization for Women
California School Health Centers Association
California State PTA
Californians for Justice
Child Care Results
Children's Defense Fund - California
Colibri Law Group
Community Asset Development Re-defining Education
Community Coalition
Community Works
Developmental Disabilities Area Board 10
Disability Rights Education and Defense Fund
Disability Rights Legal Center
East Bay Children's Law Offices
Equality California
Families In Schools
First 5 Fresno County
Gay and Lesbian Community Services Center of Orange County
Gay-Straight Alliance Network
George Stafford and Associates
Growing up in Santa Cruz
Homeboy Industries
Inner City Struggle
Intercity Struggle
Issokson and Associates
Khmer Girls in Action
Labor/Community Strategy Center
LAUSD Board President, Monica Garcia
Lawyers Committee for Civil Rights
Legal Advocates for Children and Youth
Legal Services for Children
Liberty Hill Foundation
Los Angeles Trust for Children's Health
Los Angeles Unified School District
Los Angeles Unified School District Board President, Monica Garcia
MALDEF
MarinKids
Mental Health Advocacy Services
Mills Legal Clinic
Mission Readiness
National Lawyers Guild of Sacramento
Nutritionally for You
Pacific Community Solutions, Inc.
PACT LA Positive Alternative Choice Today
Peace Over Violence
PICO California
Policy Link
Public Counsel
Respect Institute
Restorative Schools Vision Project
San Francisco Unified School District
San Mateo County Office of Education
State Council on Developmental Disabilities
The Arc and United Cerebral Palsy California Collaboration
The Center of Orange County
The Children's Movement Fresno
The Children's Movement of California
The Violence Prevention Coalition of Greater Los Angeles
University of California Student Association
Vallejo Unified School District
Valley LEAP
Weingart East Los Angeles YMCA
Western Center on Law and Poverty
Youth and Education Law Project
Youth Law Center
Youth Leadership Institute

OPPOSITION (8/5/13)

Association of California School Administrators
California Federation of Teachers
Howard Jarvis Taxpayers Association
Small School Districts Association

Developing...with further to follow on LBREPORT.com