HCS HB 159 Mackey, Ian Committee
HCS HB 159 -- SUSPENSION OF STUDENTS
SPONSOR: Mackey
COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Elementary and Secondary Education by a vote of 11 to 5. Voted "Do Pass" by the Standing Committee on Rules- Legislative Oversight by a vote of 9 to 0.
The following is a summary of the House Committee Substitute for HB 159.
REPORTING REQUIREMENT (Section 160.265)
This bill requires school districts and charter schools to document school suspensions beginning July 1, 2024 and submit a report to the Department of Elementary and Secondary Education (DESE) annually. In addition to currently reported information relating to school discipline reported to the Federal government, the bill defines certain terms and requires for each disciplinary removals specific information relating to the free or reduced-price lunch status, educational services, and the types of alternative measures or interventions used prior to the removal among other reporting requirements.
The bill requires DESE to keep the identity of pupils private and requires groups of five or fewer pupils not be released publicly.
DESE is required to use the data collected to identify districts and charter schools that demonstrate best practices and provide support and assistance upon request to those districts and charter schools that wish to address concerns.
ANNUAL REPORT CARD (Section 160.522)
The bill requires school districts to include on the annual report card data related to school discipline including in school and out of school suspensions, removal of pupils with disabilities, and expulsions. For each type of disciplinary offense aggregate data must be provided as outlined in the bill.
SUSPENSION HEARING AND LIMITS (Section 167.161)
The bill requires school boards to consider reasonable alternative measures to suspension, and prohibits the suspension of students for truancy or absences. Schools are prohibited from suspending students in preschool to 3rd grade except as provided in the bill and districts must prohibit zero-tolerance disciplinary policy and practices that result in an automatic consequence without discretion on a case-by-case basis.
This bill is similar to HB 1899 (2022).
The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.
PROPONENTS: Supporters say that when fully implemented the provisions of this bill will result in positive consequences and a reduction of in school suspensions as well. Often districts react to bad behavior with an overreach or regressive action and that school discipline issues are more nuanced and complex. Having additional data in the aggregate is important and being able to evaluate best practices and review for potential "implicit biases" would be useful for a district that wants to improve. Kids cannot learn if they are not in school and it makes no practical sense to send a student home merely for missing school or not wanting to be there. Loss of educational opportunity is a form of discrimination and students shouldn't be suspended for "sneezing in the wrong direction".
Testifying in person for the bill were Representative Mackey; Adam Bloch; Missouri Disability Empowerment Foundation; Lara Wakefield; Adam Bloch; Amy Gott; Dava-Leigh Brush, MoEEP; Dava-Leigh Brush; Heather Lyth, F.A.C.T.; Jessica Lemaster; Karen Cooper; Kaycee Machino; Rebecca Uccello; Kids Win Missouri; and American Civil Liberties Union of Missouri.
OPPONENTS: There was no opposition voiced to the committee.
Written testimony has been submitted for this bill. The full written testimony and witnesses testifying online can be found under Testimony on the bill page on the House website.