Every fall the Department of Education sends home to families a booklet containing the student Discipline Code. Many parents file it away without reading it and may not realize the serious repercussions for misbehavior.  At last month's public hearing on proposed changes to the code, testimony was heard on matters ranging from the inclusion of cyber-bullying and sextingto the list of prohibited conduct, to the frequent use of suspensions as the primary means for disciplining students.

We've put together a rundown of some of the proposed changes.  The revised code is slated to go into effect in September but public comments will be accepted until Wednesday, July 1 4. If  you are interested in weighing in,  email your comments to Lherrer@schools.nyc.gov.

Proposed changes

A key change is the inclusion of inappropriate communications via "texting, e-mailing, and social networking," to the the list of prohibited acts.  Under the revised language, "sexting" ("sending or posting sexually suggestive messages or images") and "cyber-bullying" ("intimidating and bullying behavior through electronic communication") are subject to discipline as "dangerous or violent" infractions.<!--more-->

Another important revision to the code's language  is the greater emphasis placed on guidance measures (counseling, peer mediation, and parent outreach) when addressing student misconduct.  In past versions,  it was merely suggested that guidance be used "in addition to disciplinary responses, as appropriate."   The revised language reads:

Every reasonable effort should be made to correct student misbehavior through guidance interventions and other school-based resources and the least severe disciplinary responses. Appropriate disciplinary responses should emphasize prevention and effective intervention, prevent disruption to students’ education, and promote the development of a positive school culture.

Critics charge that the change will have little impact on how discipline is doled out because the Discipline Code does not mandate that guidance interventions be the first line of response to student misconduct.

Suspensions on the rise

Despite a drop in the overall number of students in the system, suspensions rose by 40%, from 52,000  in 2005-06, to more than 72,000 in 2009-10, the Daily News reported, especially for minor offenses.  Principal suspensions, which last up to five days and typically address less serious misconduct, account for the entire uptick in suspensions, from roughly 35,000 in in 2005-06 to 56,000 in 2009-10.  The number of superintendent suspensions, imposed for more serious infractions, dipped slightly.

"By putting forth a Discipline Code that emphasizes suspensions in far too many areas, the DOE is promoting, and even mandating in some ways, a very specific and harsh approach to discipline that is not working," said Chris Tan, a lawyer at Advocates for Children, in his hearing testimony.

According to the testimony of an 11th grader at Flushing High School, "what many would consider normal youth behavior ten years ago is now being treated as violent or disruptive behaviors.  Think about it, we are punished for being late to class, and our punishment is to miss the rest of the day or sometimes many days of class time."

Students of color and those with disabilities received a disproportionate number of the suspensions in recent years, according to Tan.  In 2006-07,  African-American students made up 35% of the citywide student population, but accounted for 53% of the suspensions; special education students made up 9% of the city's students, but received 28% of the suspensions.

A draft of the proposed 2010 Discipline Code is available in multiple languages here.  According to the DOE's website "all wording changes have been highlighted in blue, text that has been moved within the document has been highlighted in brown and words that will be removed are indicated with strike through marks."

Have you ever read the Discipline Code? How does your school handle discipline? Please comment below.