Title: School Discipline Fairness Act

Preamble:

Whereas, fair and equitable discipline policies are essential for promoting a positive and safe learning environment in schools; and

Whereas, zero-tolerance policies may have unintended consequences, including disproportionately impacting certain students and hindering opportunities for conflict resolution and restorative justice; and

Whereas, it is imperative to ensure that disciplinary actions are based on thorough investigations and consideration of individual circumstances to avoid unjust consequences;

Section 1: Investigation Prior to Discipline

1. Requirement for Investigation: Schools shall be prohibited from implementing zero-tolerance policies for disciplinary infractions, including but not limited to fighting, without first conducting a thorough investigation into the incident to determine the facts and circumstances, including who was at fault.

2. Fairness and Due Process: Students involved in disciplinary incidents shall be afforded due process rights, including the opportunity to provide their account of the events, present evidence, and have their case reviewed by a neutral party before any disciplinary action is imposed.

Section 2: Restorative Justice Practices

1. Promotion of Restorative Justice: Schools shall prioritize the use of restorative justice practices and conflict resolution techniques as alternatives to punitive measures for addressing disciplinary infractions. Restorative justice approaches shall aim to repair harm, foster accountability, and promote reconciliation among affected parties.

Section 3: Training and Resources

1. Training for School Personnel: School administrators, teachers, and staff shall receive training and professional development on effective discipline practices, conflict resolution strategies, and restorative justice principles to ensure fair and equitable implementation of disciplinary policies.

Section 4: Reporting and Accountability

1. Annual Reporting: Each school shall annually report data on disciplinary actions, including the types of infractions, demographic information of students involved, and outcomes of disciplinary proceedings, to the state Department of Education. This information shall be used to monitor the implementation of disciplinary policies and identify areas for improvement.

Section 5: Effective Date

This act shall take effect on July 1, 2025, immediately following its passage into law.

Section 6: Severability

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances shall not be affected.

Section 7: Repeal of Conflicting Provisions

All laws and parts of laws in conflict with this act are hereby repealed.

Section 8: Enactment

This act shall be enacted into law upon approval by the Governor.

Sponsor: Michael Holloman

Co-Sponsors: TBD

Date Introduced: TBD

Status: DRAFT