Bill to Expand Out-of-School Suspensions in Pre-k — 2nd Grade Advancing in Texas Legislature

We’re concerned that a bill expanding out-of-school suspensions in pre-k through second grade is advancing through the Texas Legislature.

The Texas Senate Education Committee has scheduled a hearing on Thursday, May 8th for HB 6, a school discipline bill by Rep. Jeff Leach that already passed the House. Earlier this session, the Senate passed a similar bill, SB 1871 by Sen. Charles Perry. We appreciate the ongoing dialogue that the bill authors have engaged in with our staff and other stakeholders regarding this legislation. 

Nonetheless, we are concerned about the provisions of the bills that reinstate schools’ ability to issue out-of-school suspensions for students in pre-k through 2nd grade for disruptive behavior. It’s important to note that under current law, schools already have the option to issue young students out-of-school suspensions for assault and in-school suspensions for any challenging behaviors.

Schools must have the tools to improve student behavior and enforce rules. However, we’re concerned that expanded use of out-of-school suspensions in these early grades misses an opportunity to more effectively improve behavior by addressing the reasons a student is acting out or providing a teacher stronger classroom management strategies. We’re also concerned that the overuse of suspensions will deny valuable learning opportunities for our youngest Texans and communicate that school is not for them. 

The data clearly show that some school districts overrelied on suspensions for their youngest students prior to the 2017 law limiting suspensions in these early grades. In the 2015-16 school year, there were 36,475 out-of-school suspensions given to pre-k through 2nd grade students in Texas public schools, as we documented in our 2018 report. Over 2,500 of these were children in pre-k. Students in foster care and special education faced particularly high rates of suspensions.

As the legislative process continues, we hope to work with House and Senate leaders to outline effective behavior strategies schools should utilize prior to out-of-school suspensions, strengthen communication with parents, and ensure there is sufficient reporting to identify districts facing significant challenges in effectively addressing challenging behaviors.

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