Kentucky bill would create statewide plan for disciplining violent students and removal from class

LOUISVILLE, Ky. (WDRB) -- Kentucky lawmakers want to address in-school student violence and the recent teacher shortage with a new statewide discipline plan.

The sponsor believes House Bill 538 will address student behavior problems and safety in class by creating statewide discipline guidance for removing violent students from class.

But not everyone agrees that kicking students out of class will solve the problem. If the bill becomes law, school boards would be required to adopt a discipline policy for students creating unsafe environments, whether that takes the form of disruptive behavior or fighting.

The guidance includes: expelling the student for at least a year, sending the student to virtual learning or sending the student to an alternative school.

As it stands, Jefferson County Public Schools does not expel students. While it's not clear if this bill would require JCPS to change that policy, Tyra Thomas-Walker, a teacher and member of the Jefferson County Teacher's Association, said expulsion is not the answer to violence.

"We have kids that are dealing with trauma, emotional issues, and we have mental health issues on the rise as well," Thomas-Walker said. "So until we address those issues, putting a kid out of school, that's not going to teach them anything."

But the bill's sponsor said the ability to expel or remove problematic students would empower the teacher.

There's also a line in the bill that would require discipline for off-campus fighting or anything deemed a threat once the kids are back in class. That provision raised concern from some lawmakers over the constitutionality of school punishments for activities outside of the school.

The bill also provides an appeal process for the students.

Kumar Rashad, a teacher at Breckinridge Metropolitan High, a JCPS alternative school, testified Tuesday morning about his concerns that the bill would lead to racial disparities. He said there's a lack of representation in schools, and it would be highlighted in areas of discretionary discipline.

"We don't all have the same culture," Rashad said. "And if my culture ... you deem my culture as offensive and threating, then I'm being sent to an alternative school based on my culture, and not really given a chance that another student would get as far as a taking a chance on restorative justice."

The bill faces more discussion before the full House.