Moving from Zero Tolerance to Supportive School Discipline Practices

Moving from Zero Tolerance
to Supportive School
Discipline Practices
A Comparison of Student Discipline Incidents for the
2011-12 and 2013-14 School Years
By:
Juliana Rosa, Research and Evaluation Specialist, Expelled and At-risk Student Services Grant
[email protected]
Janelle Krueger, Program Manager, Expelled and At-risk Student Services Grant
[email protected]
Annette Severson, Consultant, Information Management Services - Data Services
[email protected]
May 2015
Office of Dropout Prevention and Student Re-engagement
201 E. Colfax Ave., Denver, CO 80203
303-866-6635
2
Moving from Zero Tolerance to Supportive School Discipline Practices
Table of Contents
Executive Summary
3
School Discipline Incidents
Actions Taken for All Incidents
Previously Mandated Expulsions and Actual Action Taken
Behaviors by School Level and Action Taken
Disproportionate Actions Depicted by Race, Ethnicity, and Gender
Introduction
4
Background
School-by-School Data Required to be Reported
Overall Findings
5-11
School Discipline Incidents in 2013-14
Actions Taken for All Incidents in 2013-14
Referrals to Law Enforcement
Undefined Behaviors Grouped as “Other”
11-12
Previously Mandated Expulsions and Actual Action Taken
12-13
Sale of Controlled Substances
Dangerous Weapons
1st and 2nd Degree or Vehicular Assault
Robbery
Behaviors by School Level and Actions Taken
14-17
Elementary School Patterns in 2013-14
Middle/Junior High School Patterns in 2013-14
Senior High School Patterns in 2013-14
Disproportionate Actions Depicted by Gender, Race and Ethnicity 17-20
Actions Depicted by Gender in 2013-14
Actions Depicted by Race and Ethnicity in 2013-14
Effective Approaches for Pro-social Behavior and Supportive School
Discipline
20-21
Multi-tiered System of Support (MTSS)
Positive Behavior Intervention and Support (PBIS)
Moving from Zero Tolerance to Supportive School Discipline Practices
3
Character Education and Social Skill Building
Restorative Justice for Discipline Problems
Conclusion
21
Appendix A: List of Charts and Graphs
22
Appendix B: Additional Information, Resources, and Programs
23
Appendix C: Definition of Student Behaviors and Action Taken
24-26
End Notes
26
Moving from Zero Tolerance to Supportive School Discipline Practices
4
Executive Summary
Colorado school districts annually report the number of incidents and disciplinary actions taken for certain types
of student behavior to the Colorado Department of Education in accordance with the Safe School Act enacted in
2000. Due to the passage of House Bill 12-1345 in 2012, which eliminated mandatory expulsions for certain
behaviors related to assaults, weapons, robbery, and drugs, this report will highlight the changes in disciplined
incidents and behaviors from before the passage of HB12-1345 during the 2011-12 school year to after the
passage of HB12-1345 during the 2013-14 school year. Districts were not required to change related conduct
and behavior policies until August of 2013. The 2012-13 school year is considered to be a transitional year and
was not included in this analysis. Unless otherwise stated, the in-depth data analysis for this report is for the
2013-14 school year. For an in-depth analysis of the 2011-12 discipline data, visit:
http://www.cde.state.co.us/dropoutprevention/studentdisciplineanalysis
School Discipline Incidents
During the 2013-14 school year, there were 85,306 disciplined incidents reported. This was 19,213 less
disciplined incidents than in 2011-12. The most commonly reported 2013-14 incidents were detrimental
behavior (28.6%), disobedient/defiant or repeated interference (27.1%), and “other code of conduct” violations
(23.0%), while serious crimes (e.g., dangerous weapons, robbery) were uncommon (below 5%).
Actions Taken for All Incidents
Of the 876,999 students enrolled statewide, 55,040 (6.3%) students were disciplined during the 2013-14 school
year. Most frequent actions taken were out-of-school suspensions at (53.1%) followed by in-school suspensions
(31.2%). Expulsions were the least common form of disciplinary action taken at 1.5%. Referrals to law
enforcement officials were also not common (5.8%) and were usually due to drug-related violations. There were
734 fewer expulsions from 2011-12 to 2013-14.
Previously Mandated Expulsions and Actual Actions Taken
Of the 142 incidents of 1st, 2nd degree or vehicular assault statewide; 7.0% resulted in expulsion. Of the 844
dangerous weapons incidents, 16.7% resulted in expulsion. For the 7,145 drug related incidents, 7.5% resulted in
expulsion. Of the 146 robbery incidents, 0.7% resulted in expulsion. The number of reported expulsions due to
drug violations, robbery, assault, and dangerous weapons have decreased in number from 2011-12 to 2013-14;
a decrease of 438 incidents combined.
Behaviors by School Level and Action Taken
There were 39,735 disciplined incidents reported in elementary school, 18,349 in middle/junior high schools,
and 27,222 in senior high schools across Colorado. Detrimental behavior remains the most common behavior
disciplined for all three school levels. Out-of-school suspension was also the most common action taken for all
three levels.
Disproportionate Actions Depicted by Gender, Race and Ethnicity
Black students represented 4.6% of the total student population; however, they represented 10.4% of the
students who were disciplined. Hispanic students represented 32.7% of the student population but accounted
for 42.3% of students disciplined. Furthermore, 13.9% of the Black student population and 8.1% of the Hispanic
student population were disciplined, as compared to 4.8% of the White student population.
Moving from Zero Tolerance to Supportive School Discipline Practices
5
Introduction
Background
In February 2015, department staff in the Expelled and At-Risk Student
Services program area of the Dropout Prevention and Student Reengagement Unit analyzed discipline data from the 2011-12 and 201314 school year in order to:
1. Document changes in disciplinary incidents before and after
the passage of HB12-1345 which eliminated mandatory
expulsion for assaults, weapons, robbery, and drugs.
2. Broaden the perspectives about the nature of behaviors that
place students at-risk of suspensions and expulsions.
Additional Information
Additional statistics, charts, and
graphs of all the data analyzed
can be obtained at the
Department’s Website,
http://www.cde.state.co.us/drop
outprevention/reportsanddata
and via links at the conclusion of
this report.
3. Disclose the number of students engaged in the behavior and
how they are disciplined.
4. Make the analytical findings more accessible to the general public due to high interest by a broad
constituency.
5. Determine policy implications.
6. Identify areas for technical assistance.
School-by-School Data Required to be Reported
The Safe School Act enacted in 2000 requires school districts to annually report to the Colorado Department of
Education, on a school-by-school basis, the number of incidents and disciplinary actions taken for certain types
of student behavior. These behaviors are prohibited by the districts’ local Code of Conduct and/or certain state
statutes. Most behaviors must occur on school grounds, in school vehicles, or at school activities or sanctioned
events and receive disciplinary action in order to be reported. The behaviors are:
•
•
•
•
•
•
•
•
•
•
•
•
1st and 2nd degree and vehicular assaults
3rd degree assaults/disorderly conduct
Dangerous weapons
Robbery
Other felonies
Destruction of school property
Disobedient/defiant or repeated interference
Detrimental behavior
Alcohol violations
Tobacco violations
Drug violations
“Other code of conduct” violations
Definitions
• Detrimental Behaviorbehavior on school property that
is detrimental to the welfare or
safety of other students or of
school personnel, including
behavior that creates a threat of
physical harm to the student or to
other students
• Additional definitions can be
found in Appendix B.
Moving from Zero Tolerance to Supportive School Discipline Practices
6
Overall Findings
School Disciplined Incidents in 2013-14
Comparison to 2011-12
School Incidents
During the 2013-14 school year, there were 85,306 disciplined
incidents reported. Detrimental behavior (28.6%), disobedient/
defiant or repeated interference (27.1%), and other violations
(23.0%) were the most commonly reported incidents
(See Chart 1).
Serious crimes on school campuses were the least number of
disciplined incidents. The percent of the total disciplined incidents
were:
•
•
•
•
•
3rd degree assault/disorderly conduct- 5.2%.
Dangerous weapons -1.0%
Other felony- 0.3%
1st and 2nd degree and vehicular assaults - 0.2%
Robbery-0.2%
Slight changes were seen from the 201112 school year to the 2013-14 school year
in regard to types of disciplined incidents
(represented in Table 1).
•
The most pronounced difference was
a 2.2 percentage increase in
destruction of school property.
•
Drug violations also increased by 1.4
percentage points.
Chart 1: 2013-14 State Total Disciplined Incidents:
Percentage of all Disciplined Incidents (85,306) by Type
Alcohol Violations
(946; 1.1%)
Destruction of School
Property
(2,603; 3.1%)
Other Code of Conduct
violations
(19,643; 23.0%)
Detrimental Behavior
(24,433; 28.6%)
Drug
Violations
(7,145; 8.4%)
Tobacco Violations
(1,582; 1.9%)
1st, 2nd, or Vehicular
Assault
(142; 0.2%)
3rd Degree
Assaults/Disorderly
Coduct
(4,473; 5.2%)
Disobedient/Defiant or
Repeated Interference
(23,100; 27.1%)
Dangerous Weapons
(844; 1.0%)
Other Felony
(248; 0.3%)
Data Source: Colorado Department of Education, Data Services
Robbery
(147; 0.2%)
Moving from Zero Tolerance to Supportive School Discipline Practices
Table 1: Comparison of Total Disciplined Incidents in 2011-12 and 2013-14
2011-12 School Year
2013-14 School Year
Total
Number
of
Incidents
% of Total
Incidents
Total
Number of
Incidents
% of Total
Incidents
Drug Violations
7,277
7.0%
7,145
8.4%
Alcohol Violations
1,410
1.3%
946
1.1%
Tobacco Violations
1,514
1.4%
1,582
1.9%
130
0.1%
142
0.2%
6,442
6.2%
4,473
5.2%
1,157
1.1%
844
1.0%
Robbery
192
0.2%
147
0.2%
Other Felony
167
0.2%
248
0.3%
29,200
27.9%
23,100
27.1%
31,439
30.1%
24,433
28.6%
963
0.9%
2,603
3.1%
24,628
23.6%
19,643
23.0%
Type of Incident
1st, 2nd, or Vehicular
Assault
rd
3 degree
assaults/disorderly
conduct
Dangerous Weapons
Disobedient/
defiant or repeated
interference
Detrimental
Behavior
Destruction of School
Property
“Other Code of
Conduct”
violations
Data Source: Colorado Department of Education, Data Services
Difference from 2011-12 to
2013-14
Difference in
Total Number
of Incidents
Difference in %
of Total
Incidents
132 incident
decrease
464 incident
decrease
68 incident
increase
12 incident
increase
1.4 percentage
point higher
0.2 percentage
point lower
0.5 percentage
point higher
0.1 percentage
point higher
1,969 incident
decrease
1.0 percentage
point lower
313 incident
decrease
45 incident
decrease
81 incident
increase
0.1 percentage
point lower
6,100 incident
decrease
0.8 percentage
point lower
7,006 incident
decrease
1,640 incident
increase
1.5 percentage
point lower
2.2 percentage
points higher
4,985 incident
decrease
0.6 percentage
points lower
No difference
0.1 percentage
point higher
7
Moving from Zero Tolerance to Supportive School Discipline Practices
Comparison to 2011-12
Actions Taken
Actions Taken for All Incidents in 2013-14
“Actions taken” include suspensions (classroom, in-school,
and out-of-school), expulsions, referrals to law enforcement,
and “other” action taken.
A list of definitions for the behaviors and actions taken can
be found as an addendum to this report. Of the 876,999
students enrolled statewide, 55,040 (6.3%) students were
disciplined during the 2013-14 school year for a total of
85,306 incidents (See Chart 2).
• Most frequent action taken was out-of-school
suspension at 53.1% (45,278) followed by in-school
suspension at 31.2% (26,619).
•
Expulsion was the least common form of disciplinary
action taken at 1.5% (1,276).
Table 2 shows changes from the 2011-12
school year to the 2013-14 school year in
regard to types of disciplinary action taken.
•
Rates of out-of-class suspensions
slightly increased by almost 1
percentage point. In general, the
incidents of all suspensions continue
to decrease as has been the pattern
over the last 7 years (See Chart 3).
•
Expulsions decreased from 2011-12
to 2013-14; 734 fewer expulsions. In
general, the incidents of expulsions
have been decreasing in the last 10
years with the largest decreases seen
in the last 3 years (See Chart 4).
Chart 2: 2013-14 State Total Disciplinary Actions Taken:
Percentage of all Disciplined Incidents (85,306) by Action Taken
Out-of-School
Suspension
(45,278; 53.1%)
Expulsion
(1,276; 1.5%)
Referral To Law
Enforcement
(4,906; 5.8%)
Other Action Taken
(5,492; 6.4%)
In-School Suspension
(26,619; 31.2%)
Data Source: Colorado Department of Education, Data Services
8
Classroom Suspension
(1,735; 2.0%)
Moving from Zero Tolerance to Supportive School Discipline Practices
Table 2: Comparison of Total Disciplinary Actions Taken in 2011-12 and 2013-14
2011-12 School Year
Type of
Action
Classroom
Suspensions
In-School
Suspensions
Out-of-School
Suspensions
Expulsions
2013-14 School Year
Total
Number of
Actions
Taken
% of Total
Actions
Taken
Total Number
of Actions
Taken
% of Total
Actions of
Taken
2,088
2.0%
1,735
2.0%
32,523
31.1%
26,619
31.2%
54,696
52.3%
45,278
53.1%
2,010
1.9%
1,276
1.5%
Other Actions
6,869
6.5%
5,492
Taken
Data Source: Colorado Department of Education, Data Services
6.4%
Difference from
2011-12 to 2013-14
Difference in
Difference in %
Total Number
of Total
of Actions
Actions Taken
Taken
353 incident
No difference
decrease
5,904 incident
0.1 percentage
decrease
point higher
9,418 incident
0.8 percentage
decrease
point higher
734 incident
0.4 percentage
decrease
point lower
353 incident
0.1 percentage
decrease
point lower
Chart 3: 10 Year Trend of Incidents Resulting in Suspensions
115,000
108,129
110,000
Numner of Suspensions
105,000
103,076
103,575
102,702
103,382
100,000
96,073
95,000
93,556
89,307
90,000
85,000
80,318
80,000
73,632
75,000
70,000
2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14
School Year
Data Source: Colorado Department of Education, Data Services
9
Moving from Zero Tolerance to Supportive School Discipline Practices
10
Chart 4: 10 Year Trend of Incidents Resulting in Expulsions
2,500
Number of Expuslions
2,440
2,294
2,247
2,000
2,166
2,088
2,163
1,975
2,010
1,500
1,473
1,276
1,000
2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14
School Year
Data Source: Colorado Department of Education, Data Services
Referrals to Law Enforcement
In 2013-14, the definition of “referral to law enforcement” stated the following: means a communication
between a school administrator, teacher, or other school employee and a law enforcement agency, which
communication:
(A) Is initiated by the school administrator, teacher, or other school employee; and
(B) Concerns behavior by a student that the school administrator, teacher, or other school employee
believes may constitute a violation of the school conduct and discipline code or a criminal or delinquent
offense and for which the school administrator, teacher, or other school employee requests an
investigation or other involvement by a law enforcement agency.
“Referrals to law enforcement” does not include:
(A) Contact with a law enforcement agency that is made for the purpose of education, prevention, or
intervention regarding a student's behavior; or
(B) Routine or incidental communication between a school administrator, teacher, or other school
employee and a law enforcement officer.
In 2013-14, 4,906 incidents led to referrals to law enforcement which was 5.8% of all actions taken. (See Chart 5
and Table 3 for additional information.) The most common reasons for which students were referred to law
enforcement included:
•
•
•
37.2% or 1,823 incidents due to drug violations
20.5% or 1,004 incidents due to detrimental behavior
16.7% or 817 incidents due to other code of conduct violations
A comparison to 2011-12 and 2013-14 was not conducted for referral to law enforcement due to the change in
definition between 2011 and 2014.
Moving from Zero Tolerance to Supportive School Discipline Practices
11
Chart 5: 2013-14 Referrals to Law Enforcement by Type of Incident:
Percentage of State Total of Referrals to Law Enforcement (4,906)
Other Felony
(25; 0.5%)
Disobedient/Defiant or
Repeated Interference
(151; 3.1%)
Robbery
(12; 0.2%)
Destruction of School
Property
(85; 1.7%)
Detrimental Behavior
(1,004; 20.5%)
Other Code of
Conduct
Violations
(817; 16.7%)
Dangerous Weapons
(139; 2.8%)
3rd Degree Assaults/
Disorderly Conduct
(483; 9.8%)
1st, 2nd, or Vehicular
Assault
(26; 0.5%)
Drug Violations
(1,823; 37.2%)
Tobacco Violations
(102; 2.1%)
Alcohol Violations
(239; 4.9%)
Data Source: Colorado Department of Education, Data Services
Table 3: 2013-14 Referrals to Law Enforcement: Number and Percent of Total Disciplined Incidents
Code of Conduct Behavior
Drugs
Detrimental Behavior
Other Code of Conduct Violations
3rd Degree Assault/Disorderly Conduct
Alcohol
Disobedience/Defiance/Interference
Dangerous Weapons
Tobacco
Destruction of School Property
1st, 2nd Degree Assault & Vehicular Assault
Other felonies
Robbery
Total Number of
Incidents in 2013-14
7,145
24,433
19,643
4,473
946
23,100
844
1,582
2,603
142
248
147
85,306
Total Incidents (Not students)
Data Source: Colorado Department of Education, Data Services
Number Referred to
Law Enforcement in
2013-14
Percent Referred to
Law Enforcement in
2013-14
1,823
1,004
817
483
239
151
139
102
85
26
25
12
4,906
25.5%
4.1%
4.2%
10.8%
25.3%
0.7%
16.5%
6.4%
3.3%
18.3%
10.1%
8.2%
5.7%
Moving from Zero Tolerance to Supportive School Discipline Practices
12
Note: This data reflects only school official’s discretion, not actions on the part of law enforcement. School
referrals to law enforcement is not synonymous to referrals to the juvenile justice system because the data does
not disclose whether or not a law enforcement officer summonsed a student into court or physically arrested
the student for transport to a detention center.
Undefined Behaviors Grouped as “Other”
Behaviors that are not specifically required to be reported by statute are aggregated and reported in one
category called “Other Code of Conduct“ Violations. This category is intended to account for all conduct
resulting in disciplinary action so that 100% of incidents are counted.
Behaviors could include such things as violations of the dress code, use of inappropriate language, unspecified
property crimes (other than felonies), being in the hallway without a pass, gang-related behavior if not captured
by one of the other categories, or a multitude of other behaviors.
Note: Each school would record which specific behaviors this category captures which is unique to a local
district’s Code of Conduct.
The “Other Violations” category accounted for 23.0% of incidents (19,643 incidents) statewide in 2013-14 (see
Chart 4 for a breakdown of actions taken for “Other Code of Conduct Violations”). Both in-school and out-ofschool suspension remain the most common way of disciplining other violations.
The majority of behaviors in the other violation category are generally thought to be less serious in nature,
though still taken seriously, because most serious behaviors are captured in the specified categories. And,
felonies must be reported in an “other felonies” category if not already specified in order to account for all
felonies.
• Other felony rates were very low and accounted for less than 1% of senior high school, middle/junior
high school, and elementary school disciplined incidents.
Further state-level analysis to better understand student behavior is hampered by the vague “other” label and
the wide range of possibilities unique to local policies. However, because local data drives local decisions, lack
of further state-level analysis does not impede local leaders’ ability to understand their own students and school
climates.
Moving from Zero Tolerance to Supportive School Discipline Practices
13
Chart 6: 2011-12 State Total "Other Violation" Incidents
Reported (19,643) by Action Taken
Other Actions Taken
(1,515; 7.7%)
In-school Suspension
(8,126; 41.4%)
Referrals to Law
Enforcement
(817; 4.2%)
Expulsion
(172; 0.9%)
Out-of-School
Suspension
(8,736; 44.5%)
Classroom Suspension
(277; 1.4%)
Data Source: Colorado Department of Education, Data Services
Previously Mandated Expulsions and Actual Action Taken
Expulsions in 2013-14 were mainly due to drug violations (535
incidents; 41.9%), detrimental behaviors (185 incidents; 14.5%), and
“other code of conduct” violations (172 incidents; 13.5%). Before the
passage of HB12-1345, education-related state statutes in 2011-12
mandated expulsion for the four behaviors identified below.
Sale of Controlled Substances Incidents in 2013-14
Data specific to the sale of controlled substances is not required to be
reported. This data is a subset of the broader drug-related incidents
(excluding alcohol and tobacco) regarding sale, use, and possession of
a drug or controlled substance. Therefore, it is not possible to
determine if sale of a controlled substance resulted in expulsions.
• Of the 7,145 drug violations statewide, 7.5% or 535 incidents
resulted in expulsion.
• Out-of-school suspension was most commonly used with
drug related incidents (63.8% or 4,557 incidents).
Dangerous Weapons Incidents in 2013-14
Comparison to 2011-12
Expuls ions by Actions Taken
Some changes were seen from the
2011-12 school year to the 2013-14
school year in regard to mandated
expulsions (See Table 4):
•
The number of reported
mandated expulsions have
decreased in number from
2011-12 to 2013-14.
•
The percentage of expulsions
due to dangerous weapon
violations decreased by 7.5
percentage points.
Of the 844 weapons related incidents statewide, 16.7% or 141 incidents resulted in expulsion.
• Out-of-school suspension was again most commonly used with dangerous weapon incidents (60.2% or
508 incidents).
Moving from Zero Tolerance to Supportive School Discipline Practices
14
However, firearms, narrowly defined by the Federal Gun-Free Schools Act, are still mandated for expulsion by
Colorado State Statutes.
• Firearms are a subset of the dangerous weapons category. During the 2013-14 school year, a total of 45
students were expelled per the Gun-Free Schools Act compared to 35 students in 2011-12.
• More specifically, 14 elementary students, 11 middle/junior high school students, and 20 senior high
school students were expelled for firearms in 2013-14.
1st and 2nd Degree or Vehicular Assault Incidents in 2013-14
Of 142 assault incidents statewide (1st and 2nd degree or vehicular), 7% or 10 incidents resulted in expulsion.
• Out-of-school suspension was most commonly used for these assault incidents (60.6% or 86 incidents).
Robbery Incidents in 2013-14
Of only 147 robbery incidents statewide, 0.7% or 1 incident resulted in expulsion.
• Out-of-school suspension was again most commonly used with robbery incidents (59.9% or 88
incidents).
Table 4: Comparison of 2011-12 and 2013-14 Expulsions by Type of Incident
2011-12 School Year
Type of
Incident
Drug
Violation
Dangerous
Weapons
1st/ 2nd
Degree Or
Vehicular
Assault
Robbery
2013-14 School Year
Difference from 2011-12 to
2013-14
Difference in
Difference in %
Total Number
of Total
of Expulsions
Expulsions
183 incident
6.2 percentage
decrease
points higher
233 incident
7.5 percentage
decrease
points lower
Total
Number of
Expulsions
Total % of
Expulsions
Total Number
of Expulsions
Total % of
Expulsions
718
35.7%
535
41.9%
374
18.6%
141
11.1%
23
1.1%
10
0.8%
13 incident
decrease
0.3 percentage
points lower
10
0.4%
1
0.1%
9 incident
decrease
0.3 percentage
points lower
Data Source: Colorado Department of Education, Data Services
Note: Districts are instructed to report the most serious action taken. However, definitions tied to state criminal
statutes can be very technical and difficult for school-based personnel to apply to various situations. Districts are
encouraged to work with local law enforcement regarding criminal statutes.
Moving from Zero Tolerance to Supportive School Discipline Practices
15
Behaviors by School Level and Action Taken
It is important to disaggregate the data across elementary, middle, and
senior high school levels in order to more fully understand student
behavior from a child and adolescent developmental point of view. This
more narrow focus enables program planners to identify areas in need of
priority attention and match appropriate strategies from a
developmentally age appropriate perspective.
Chart 7: 2013-14 Disciplined Incidents by School
Levels (85,306)
High School
(27,222;
31.9%;
478 schools)
Elementary
School
(39,735;
46.5%;
1057 schools)
2011-12 Comparison
Across Colorado Sc hools
Since 2011-12 disciplined incidents
increased in elementary schools
but decreased in middle/junior and
high schools (See Chart 7).
Disciplined incidents due to
possession of dangerous weapons
has remained consist from 2011-12
to 2013-14 in both middle school
and high school.
Disciplined incidents due to
substance-abuse or related
incidents increased 3 percentage
points (includes alcohol, tobacco,
and drugs) in middle school but
remained consistent in high school.
Middle/Junior
High School
(18,349; 21.5%;
287 schools)
Data Source: Colorado Department of Education, Data Services
Elementary School Patterns in 2013-14
Out of the 1,057 elementary schools in Colorado during the 2013-14 school year, 154 schools (14.6%) reported
no incidents and 903 schools (85.4%) reported a total of 39,735 disciplined incidents:
• The most common disciplined behavior, at 29.7%, was detrimental behavior.
• The second most disciplined behavior, at 28.4%, was disobedient/defiant or repeated interference.
• The third most disciplined behavior, at 22.9%, was other behaviors.
The most common action taken was out-of-school suspension (52.8%) followed by in-school suspension (32.4%).
See Chart 8 for expulsion comparisons between the 2011-12 and 2013-14 school years.
Moving from Zero Tolerance to Supportive School Discipline Practices
16
% of Incidents Resulting in Expulsions
Chart 8: Comparison of 2011-12 and 2013-14 Elementary School Expulsions:
Percentages for Previously Mandated Expulsions
60.0%
50.0%
50.0%
40.0%
36.7%
30.0%
2011-12
20.0%
10.0%
0% 1.1%
0.0%
Drug Violations
2013-14
10.3%
5.8%
1st, 2nd, or
Dangerous
Vehicular Assault
Weapons
Incident Type
0% 0%
Robbery
Data Source: Colorado Department of Education, Data Services
Middle/Junior High School Patterns in 2013-14
Out of the 284 middle/junior high schools in Colorado during the 2013-14 school year, 27 schools (9.5%)
reported no incidents and 257 schools (90.5%) reported a total of 18,349 disciplined incidents:
• The most common disciplined behavior, at 31.5%, was detrimental behavior.
• The second most disciplined behavior, at 28.7%, was disobedient/defiant or repeated interference.
• The third most disciplined behavior, at 22.5%, was other violations.
Substance abuse-related incidents, combined, accounted for 8.5% of disciplinary actions, or 1,567 incidents.
Specific percentages are: Alcohol (0.6%), Tobacco (1.6%), and Drugs (6.3%). Possession of dangerous weapons
accounted for only 0.9% (182 incidents) of middle/junior high violations statewide.
The most common action taken was out-of-school suspension (52.8%) followed by in-school suspension (35.9%).
See Chart 9 for expulsion comparisons between the 2011-12 and 2013-14 school years.
Moving from Zero Tolerance to Supportive School Discipline Practices
17
% of Incidents Resulting in Expulsions
Chart 9: Comparison of 2011-12 and 2013-14 Middle School/Junior High School
Expulsions: Percentages for Previously Mandated Expulsions
50.0%
38.8%
40.0%
30.0%
25.1%
19.1%
20.0%
2011-12
13.8%
2013-14
10.0%
1.0%
0.0%
Drug Violations
0%
1st, 2nd, or Vehicular Dangerous Weapons
Assault
0.1%
0%
Robbery
Incident Type
Data Source: Colorado Department of Education, Data Services
Senior High School Patterns in 2013-14
Out of the 478 senior high schools in Colorado during the 2013-14 school year, 63 schools (13.2%) reported no
incidents and 415 schools (86.8%) reported a total of 27,222 disciplined incidents:
• The most common disciplined behavior, at 25.1%, was detrimental behavior.
• The second most common disciplined behavior, at 24.0%, was disobedient/defiant or repeated
interference.
• The third most disciplined behavior, at 23.6%, was other violations.
Substance abuse-related incidents accounted for 17.3% of disciplinary actions. Specific percentages are: Alcohol
(1.7%), Tobacco (2.6%), and Drugs (12.8%). Possession of dangerous weapons accounted for 1.0% of senior high
violations statewide.
The most common action taken was out-of-school suspension (53.8%) followed by in-school suspension (26.2%).
See Chart 10 for expulsion comparisons between the 2011-12 and 2013-14 school years.
Moving from Zero Tolerance to Supportive School Discipline Practices
18
% of Incidents Resulting in Expulsions
Chart 10: Comparison of 2011-12 and 2013-14 High School Expulsions:
Percentages for Previously Mandated Expulsions
60.0%
50.0%
48.8%
43.6%
40.0%
30.0%
2011-12
20.0%
15.0%
10.0%
2013-14
10.7%
1.3% 0.7%
0.0%
Drug Violations
0.7%
1st, 2nd, or Vehicular Dangerous Weapons
Assault
0.2%
Robbery
Incident Type
Data Source: Colorado Department of Education, Data Services
Disproportionate Actions Depicted by Gender, Race and Ethnicity
Actions Depicted by Gender in 2013-14
Similar to previous years, a disproportionate number of male
students were disciplined in 2013-14.
• Female students represent 48.7% of the student population
(427,363 students) but are 27.6% of the students disciplined.
•
Male students represent 51.2% of the student population
(449,636 students) but are 72.3% of the students disciplined.
•
These gender differences were also consistent within each
race and ethnicity.
Comparison to 2011-12
There has been a 1 percentage point
decrease in the number of females
disciplined from 2011-12 to 2013-14.
There has been a 1 percentage point
increase in the number of males
disciplined from 2011-12 to 2013-14.
Similar patterns can also be seen with the 2013-14 Colorado drop-out rate. The drop-out rate for female
students is lower at 2.1% compared to the male student drop-out rate of 2.7%.
Moving from Zero Tolerance to Supportive School Discipline Practices
Actions Depicted by Race/Ethnicity in
2013-14
Similar to previous years, a disproportionate number of minority
students were disciplined in 2013-14.
When comparing students across race/ethnicity the following
patterns emerged in 2013-14:
• Black students represent 4.6% of the student population
(41,107 students) but accounted for 10.4% of students
disciplined in 2013-14.
•
Hispanic students represented 32.7% of the student
population (287,402 students) in 2013-14 but accounted for
42.3% of students disciplined.
When comparing students within race/ethnicity, the following
patterns emerged in 2013-14:
• Out of the 41,107 Black students statewide in 2013-14,
13.9% of these students (5,717 students) were
disciplined.
19
Comparison to 2011-12
Table 5 represents the comparison
between the percentages of total
students disciplined by Race/ Ethnicity in
2011-12 compared to in 2013-14.
• The biggest difference was seen
with the Hispanic student
population (1 percentage point
increase).
Table 6 represents the comparison
between the percentages of total
students disciplined within each Race/
Ethnicity in 2011-12 compared to in
2013-14.
• The biggest difference was seen
with the Native Hawaiian/ Pacific
Islander (2.4 percentage point
decrease) and the Black student
population (2.2 percentage point
decrease).
•
Out of the 287,402 Hispanic students statewide, 8.1% of
these students (23,416 students) were disciplined in
2013-14.
•
Out of the 480,366 White students statewide in 2013-14, 4.8% of these students (23,140 students)
were disciplined.
Chart 11 depicts the percentage of students disciplined by Race/Ethnicity from the 2011-12 school year to the
2013-14 school year.
• Although Black and Hispanic students continue to be disproportionately disciplined, the gap has been
narrowing from 2011-12 to 2013-14.
Moving from Zero Tolerance to Supportive School Discipline Practices
20
Table 5: Comparison of 2011-12 and 2013-14 State Total Disciplinary Actions Taken between Race/Ethnicity
Total Percentage Point
% of Total Students
% of Total Students
Race/Ethnicity
Difference from 2011-12 to
Disciplined in 2011-12
Disciplined in 2013-14
2013-14
Black
10.9%
10.4%
0.5 percentage point lower
American Indian or
Alaskan
1.3%
1.1%
0.2 percentage point lower
Hispanic
41.3%
42.3%
1.0 percentage point higher
White
42.0%
41.3%
0.7 percentage point lower
1.4%
1.0%
0.4 percentage point lower
0.2%
0.1%
0.1 percentage point lower
2.9%
3.4%
0.5 percentage point higher
Asian/Asian
American
Native Hawaiian/
Pacific Islander
Two or more Races
Data Source: Colorado Department of Education, Data Services
Table 6: Comparison of 2011-12 and 2013-14 State Total Disciplinary Actions Taken within Race/ Ethnicity
% of Total within
% of Total within
Total Percentage Point
Race/Ethnicity
Race/Ethnicity Disciplined
Race/Ethnicity
Difference from 2013-14
Disciplined in 2011-12
in 2013-14
Black
16.1%
13.9%
2.2 percentage points lower
American Indian or
Alaskan
10.9%
9.4%
1.5 percentage point lower
Hispanic
9.2%
8.1%
1.1 percentage point lower
White
5.3%
4.8%
0.5 percentage point lower
3.2%
2.1%
1.1 percentage point lower
7.4%
5.0%
2.4 percentage points lower
6.8%
6.1%
0.7 percentage point lower
Asian/Asian
American
Native Hawaiian/
Pacific Islander
Two or more Races
Data Source: Colorado Department of Education, Data Services
Moving from Zero Tolerance to Supportive School Discipline Practices
21
Chart 11: Students Disciplined per Race/Ethnicity Trend Line:
Percentage of Students of Each Race/ Ethnicity Receiving Disciplinary Action
20.0%
18.0%
% of Students Disciplined
16.0%
15.8%
16.9%
16.1%
American Indian
14.6%
14.0%
12.0%
10.0%
11.7%
10.2%
10.9%
9.8%
9.2%
7.4%
4.0%
5.6%
3.8%
Asian
Black
11.3%
8.0%
6.0%
13.9%
6.5%
5.5%
5.3%
3.6%
3.2%
10.4%
8.4%
9.4%
Hispanic
8.1%
White
6.9%
6.1%
4.8%
2.7%
5.0%
4.8%
Native Hawaiian/Pacific
Islander
Two or More Races
2.1%
2.0%
0.0%
2009-10
2010-11
2011-12
2012-13
2013-14
School Year
Data Source: Colorado Department of Education, Data Services
Effective Approaches for Pro-social Behavior and Supportive School
Discipline
Several supportive school discipline practices exist as alternatives to zero tolerance policies. These nonpunitive
approaches have been found to improve school achievement and student behaviors.2 Examples include:
Multi-tiered System of Support (MTSS)
MTSS is a whole-school prevention-based framework for improving learning outcomes for every student
through a layered continuum of evidence-based practices and systems. The MTSS framework has shown proven
results at the elementary and middle school level as evidenced by decreased incidents of office discipline
referrals and suspensions and increased access to instructional time. The components of the MTSS framework
Moving from Zero Tolerance to Supportive School Discipline Practices
22
represent educational reform initiatives, Response to Intervention, and Positive Behavioral Interventions and
Supports. For more information visit: https://www.cde.state.co.us/mtss
Positive Behavior Intervention and Support
Refers to participation in Colorado School wide Positive Behavior Support Initiative and implementation of
strategies and practices to establish and maintain effective school environments that maximize academic
achievement and behavioral competence of all learners.
Character Education and Social Skill Building
Character education and social skill building refer to programming that addresses the development of
emotional, intellectual and moral qualities of a person or group as well as the demonstration of these qualities
in prosocial behavior. Character education teaches the habits of thought and deed that help people live and
work together as families, friends, neighbors, communities and nations. It may include leadership development,
conflict resolution and programs to increase self-awareness, citizenship and empathy.
Restorative Justice for Discipline Problems
Restorative Justice, often referred to in school settings as Restorative Discipline, is a formal process facilitated by
trained mediators in restorative justice that allows students to understand the harm caused, who it affected and
how to repair it. It provides support and opportunity to resolve student conflicts and misconduct. In 2011, House
Bill 1032 was enacted which encourages the use of restorative justice as a school’s first consideration to
remediate certain offenses. Each school district implements training and education for staff in the principles and
practices of restorative justice.
Note: At the national level, the Supportive School Discipline Initiative was also launched in 2011 by the U.S.
Departments of Education (ED) and Justice (DOJ). More information can be found here:
http://www2.ed.gov/policy/gen/guid/school-discipline/appendix-3-overview.pdf
Conclusion
The purpose of this report was to provide information on incidents that received disciplinary action in Colorado
before and after the passage of HB12-1345. It is important to note that numbers may not always reflect the
actual number of behavioral incidents, rather, the number of behavioral incidents that were caught and acted
upon. There were various similarities observed from the data collected in 2011-12 to the data collected in 201314. For example, most of the disciplinary problems across Colorado schools continue to be due to detrimental
behavior and disobedient/defiant or repeated interference which typically led to suspensions as a primary form
of action taken.
There were also various differences observed. For example, the number of expulsions continues to decrease.
However, it is important to note that it is unclear whether these changes are due to HB12-1345 since data was
not specifically collected to evaluate this policy. However, the current report points to the possibility that this
policy may be having an effect in changing local practice.
The race/ethnicity related disciplinary gap is also slowly narrowing. However, there is still over-representation of
students who are disciplined across race and ethnic populations. Serious questions still need to be posed and
answered to address why this is occurring.
Moving from Zero Tolerance to Supportive School Discipline Practices
The disciplinary data collected is very complex and is acquired through schools referring behavior to the
appropriate authorities, recording all incidents uniformly, and reporting accurately all incidents and actions
taken. Some of data’s great utility is its ability to validate reality, educate, and inspire leaders to action, and
suggest areas needing change for the better when adequately analyzed and shared with interested
stakeholders.
It is important to note that numbers may not always reflect the actual number of behavioral incidents, rather,
the number of behavioral incidents that were caught and acted upon.
23
Moving from Zero Tolerance to Supportive School Discipline Practices
24
Appendix A: List of Charts and Graphs
Links to Graphs and Charts: http://www.cde.state.co.us/dropoutprevention/reportsanddata
1. 2013-14 State Total Disciplined Incidents: Percentage of all Disciplined Incidents (85,306) by Type
2. Comparison of Total Disciplined Incidents in 2011-12 and 2013-14
3. 2013-14 State Total School Actions Taken: Percentage of all Disciplined Incidents (85,306) by Action
Taken
4. Comparison of Total Disciplinary Actions Taken in 2011-12 and 2013-14
5. 2013-14 Suspensions by Type of Incident: Percentage of State Total Number of Classroom, In-School,
and Out-of-School Suspensions (73,632)
6. 2013-14 Expulsions by Type of Incident: Percentage of State Total Number of Expulsions (1,276)
7. 2013-14 Referrals to Law Enforcement by Type of Incident: Percentage of State Total of Referrals to Law
Enforcement (4,906)
8. 2013-14 Referrals to Law Enforcement: Number and Percent of Total Disciplined Incidents
9. 2013-14 "Other Actions Taken" by Type of Incident: Percentage of State Total Number of "Other Actions
Taken” (5,492)
10. 10 Year Trend of Incidents Resulting in Suspensions
11. 10 Year Trend of Incidents Resulting in Expulsions
12. 2013-14 State Total "Other Violation" Incidents Reported (19,643) by Action Taken
13. Comparison of 2011-12 and 2013-14 Expulsions by Type of Incident
14. 2013-14 State Total Drug Incidents (7,145) by Action Taken
15. 2013-14 State Total 1st, 2nd Degree, or Vehicular Assaults Incidents (142) by Action Taken
16. 2013-14 State Total Weapon Incidents (844) by Action Taken
17. 2013-14 State Total Robbery Incidents (147) by Action Taken
18. 2013-14 Disciplined Incidents by School Level (85,306)
19. 2013-14 Elementary School State Total Disciplinary Incidents: Percentage of All Incidents (39,735) by
Type
20. 2013-14 Elementary School State Total Actions Taken: Percentage of All Disciplined Incidents (39,735) by
Action Taken
21. Comparison of 2011-12 and 2013-14 Elementary School Expulsions: Percentages for Previously
Mandated Expulsions
22. 2013-14 Middle/Junior High School State Total Disciplinary Incidents: Percentage of All Incidents
(18,349) by Type
23. 2013-14 Middle/Junior High School State Total Actions Taken: Percentage of All Disciplined Incidents
(18,349) by Action Taken
24. Comparison of 2011-12 and 2013-14 Middle School/Junior High School Expulsions: Percentages for
Previously Mandated Expulsions
25. 2013-14 High School State Total Disciplinary Incidents: Percentage of All Incidents (27,222) by Type
26. 2013-14 High School State Total Actions Taken: Percentage of All Disciplined Incidents (27,222) by Action
Taken
27. Comparison of 2011-12 and 2013-14 High School Expulsions: Percentages for Previously Mandated
Expulsions
28. 2013-14 Number of Students Disciplined by Race/Ethnicity and Gender
29. Comparison of 2011-12 and 2013-14 State Total Disciplinary Actions Taken by Race/Ethnicity
30. Comparison of 2011-12 and 2013-14 State Total Disciplinary Actions Taken within Race/ Ethnicity
31. Students Disciplined per Race/Ethnicity Trend Line: Percentage of Students of Each Race/ Ethnicity
Receiving Disciplinary Action
Moving from Zero Tolerance to Supportive School Discipline Practices
25
Appendix B: Additional Information, Resources, and Programs
Pertinent Colorado Revised Statutes
• http://www.cde.state.co.us/dropoutprevention/earss_policiesandstatestatutes
o The “Safe School Act” –CRS 22-32-109.1
o Suspension, Expulsion, and Denial of Admission – CRS 22-33-105
o Grounds for Suspension, Expulsion, and Denial of Admission – CRS 22-33-106
o Educational Alternatives for Expelled Students – CRS 22-33-203
Resources and Information at the Colorado Department of Education Website
•
•
•
Education Statistics, such as graduation, dropout, and truancy rates, student population demographics,
staff statistics, etc., managed by the Data and Research Unit:
o http://www.cde.state.co.us/index_stats.htm
Positive Behavioral Interventions and Supports (PBIS) - administered by the Office of Learning Supports:
o http://www.cde.state.co.us/pbis
Multi-Tiered System of Supports (MTSS) - administered by the Office of Learning Supports:
o http://www.cde.state.co.us/mtss
Dropout Prevention and Student Re-engagement Program Information at the Colorado Department of
Education Website
• http://www.cde.state.co.us/offices/dropoutpreventionengagementoffice
• 21st Century Community Learning Centers (21st CCLC) – A federally-funded grant program that
provides academic and enrichment opportunities, with an emphasis on literacy, mathematics and
science, to at-risk students in low-achieving schools
o http://www.cde.state.co.us/21stcclc
• McKinney-Vento Homeless Education Program – A federally-funded program that ensures access,
stability and educational support for students experiencing homelessness.
o http://www.cde.state.co.us/dropoutprevention/homeless_index
• Expelled and At Risk Student Services Grant Program – A 4-year, state-funded program that provides
educational services to expelled students and programs to prevent suspensions and expulsions.
o http://www.cde.state.co.us/dropoutprevention/p_earss
• Foster Care Education – A new program launched in 2012 to increase education stability of students in
foster care. Includes training of Child Welfare Education Liaison, technical assistance on effective
transitioning planning and strengthening partnerships and collaboration between local education
agencies and child welfare agencies.
o http://www.cde.state.co.us/dropoutprevention/fostercare_index
U.S. Department of Education – School Climate and Discipline – Guidance Package and Additional Resources
• http://www2.ed.gov/policy/gen/guid/schooldiscipline/index.html?exp=1&utm_source=SCM_Volume+7_Issue+4_January_2014&utm_campaign=Januar
y+SCM+2014&utm_medium=email
Moving from Zero Tolerance to Supportive School Discipline Practices
26
Appendix C: Definition of Student Behaviors and Action Taken
The following definitions are current as of the 2013-14 school year. These pertain to the annual school reports of incidents to
the Colorado Department of Education via the Automated Data Exchange.
Definitions of Violations
Alcohol Violations
Use, possession or sale of alcohol on school grounds, in school vehicles, or at school activities or sanctioned events.
st
nd
Assaults - 1 , 2 Degree or Vehicular
Commission of an act on school grounds that if committed by an adult, would be considered First Degree Assault, as
described in Section 18-3-202, C.R.S., Second Degree Assault, as described in section 18-3-203, C.R.S., or Vehicular
Assault, as described in Section 18-3-205, C.R.S.
Clarification: In keeping with the requirements of C.R.S. 22-32-109.1(b)(IV)(F), this category includes acts considered
first and second degree assault, as defined by state statutes or municipal ordinances, but does not include acts
considered third degree assault, (22-32-109.1(2) (b) (IV) (F) (C.R.S.). Fights and other third degree assaults in violation to
rd
the local code of conduct should be reported in the "3 Degree Assaults/Disorderly Conduct" category. If unsure what
type of event constitutes which degree assault, consult the language of the cited state statutes, and contact the school
district’s legal counsel, local law enforcement officials or municipal attorneys for assistance.
18-3-202. Assault in the First Degree.
(1) A person commits the crime of assault in the first degree if:
(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by
means of a deadly weapon; or
(b) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently
a member or organ of his body, he causes such an injury to any person; or
(c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct
which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person;
Refer to the statute for more specifics about assaults against peace officers, fire fighters, employees of the court and detention
centers, or other youth service providers. First degree assault is almost always a felony.
18-3-203. Assault in the Second Degree.
(1) A person commits the crime of assault in the second degree if:
(a) Repealed.
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a
deadly weapon; or
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer or firefighter from
performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or
(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness,
or other physical or mental impairment or injury to another person by administering to him, without his consent, a
drug, substance, or preparation capable of producing the intended harm;
18-3-205 Vehicular Assault
(1) (a) If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of
serious bodily injury to another, such person commits vehicular assault.
(b) (I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a
combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury
to another, such person commits vehicular assault. This is a strict liability crime.
Moving from Zero Tolerance to Supportive School Discipline Practices
27
Refer to the statute for more specifics about assaults against peace officers, fire fighters, employees of the court and
detention centers, and other youth service providers.
rd
3 Degree Assaults/Disorderly Conduct
Commission of an act on school grounds that, if committed by an adult would be considered third degree assault, as described
below in section 18-3-204, C.R.S., or Disorderly Conduct, as described below in section 18-9-106 (1) (d), C.R.S. referring to
fights.
Note: In keeping with legislative intent, if the behavior fits these descriptions, it is to be reported even if no police report or
charges were filed.
18-3-204. Assault in the third degree.
A person commits the crime of assault in the third degree if he knowingly or recklessly causes bodily injury to another
person or with criminal negligence he causes bodily injury to another person by means of a deadly weapon. Assault in the
third degree is a class 1 misdemeanor.
18-9-106. Disorderly conduct.
(1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
(d) Fights with another in a public place except in an amateur or professional contest of athletic skill;
Dangerous Weapons
This could be a firearm, whether loaded or unloaded, or a firearm facsimile that could reasonably be mistaken for an actual
firearm; - Any pellet or BB gun or other device, whether operational or not designed to propel projectiles by spring action or
compressed air; - It also includes a fixed blade knife with a blade that measures longer than three inches in length or a springloaded knife or a pocket knife with a blade longer than three and one-half inches; or, - That could be any object, device,
instrument, material, or substance, whether animate or inanimate, used or intended to be used to inflict death or serious bodily
injury.
Disobedient/Defiant or Repeated Interference
Being willfully disobedient or openly and persistently defiant or repeatedly interfering with the school’s ability to provide
educational opportunities to, and a safe environment for, other students.
Destruction of School Property
Willful destruction or defacement of school property.
Detrimental Behavior
Behavior on school property that is detrimental to the welfare or safety of other students or of school personnel, including
behavior that creates a threat of physical harm to the student or to other students.
Drug Violations
Use, possession, or sale of drugs or controlled substances on school grounds, in school vehicles, or at school activities or
sanctioned events.
Habitually Disruptive Students A child who has been temporarily removed from school (suspended) three times during the
course of the school year for being a disruption in the classroom, on school grounds, on school vehicles, or at school activities
and events, because of behavior that was initiated, willful and overt on the part of the child. These students are not included in
the Safety and Discipline Total Incidents Reported.
Other Felonies
Commission of an act on school grounds that, if committed by an adult, would be considered a felony.
Other Violations of Code of Conduct
Other violations of the Local Board of Education’s code of conduct that resulted in suspensions, expulsions or resulting
referrals to law enforcement, not already reported in other reported categories. These violations may or may not be
documented in a student’s record (22-32-109(1) (2) (B)).
Moving from Zero Tolerance to Supportive School Discipline Practices
28
Robbery
Commission of an act on school grounds that, if committed by an adult, would be considered robbery. Robbery is a class four
felony.
18-4-301. Robbery.
(1) A person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or
intimidation commits robbery.
Tobacco Violations
Use, possession or sale of tobacco on school grounds, in school vehicles, or at school activities or sanctioned events. If
possession of tobacco products is not a violation of the district codes of conduct, then no tobacco possession incidents were
reported.
Definitions of Actions Taken
Expulsion
A student who is not allowed to attend school for the remainder of the school year because of violations of the district's
discipline policy.
In School Suspension
Students suspended from classroom to another location in the school in accordance with Local Board Policy and any students
suspended following the classroom suspension/teacher removal process provided by Senate Bill 133 (Safe School
Legislation).
Out of School Suspension
Student suspended from school grounds in accordance with Local Board Policy.
Referred to Law Enforcement
A communication between a school administrator, teacher, or other school employee and a law enforcement agency in which
communication:
(A) Is initiated by the school administrator, teacher, or other school employee; and
(B) Concerns behavior by a student that the school administrator, teacher, or other school employee believes may constitute a
violation of the school conduct and discipline code or a criminal or delinquent offense and for which the school administrator,
teacher, or other school employee requests an investigation or other involvement by a law enforcement agency.
"Referral to law enforcement" does not include:
(A) Contact with a law enforcement agency that is made for the purpose of education, prevention, or intervention regarding a
student's behavior; or
(B) Routine or incidental communication between a school administrator, teacher, or other school employee and a law
enforcement officer
Other Action Taken
Other extremely serious disciplinary actions, according to local board policy, and not covered by the In/Out of School
Suspensions, Expulsion, and Referred to Law Enforcement Action Taken categories.
End Notes
1
2
APA Zero Tolerance Task Force Report (2006) can be found on https://www.apa.org/pubs/info/reports/zero-tolerance.aspx
Evidence Based Nonpunitive Alternatives to Zero Tolerance (2011) can be found on http://www.nea.org/assets/docs/alternatives-tozero-tolerance.pdf