VOLUNTARY RESOLUTION AGREEMENT Bryan Independent School District OCR CASE NO. 06131317 The U.S. Department of Education (Department), Office for Civil Rights (OCR) initiated an investigation of certain discipline practices in the Bryan Independent School District (BISD or District) pursuant to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., and its implementing regulation at 34 C.F.R. Part 100 (Title VI), which provides, in relevant part, that no program or activity receiving Federal financial assistance from the Department may discriminate on the basis of race, color or national origin. The District is subject to Title VI because it receives Federal financial assistance from the Department. Accordingly, to ensure compliance with Title VI and to resolve this investigation, the District voluntarily agrees to the terms of this Agreement and agrees to comply fully with its provisions. This commitment does not relieve the District from fulfilling its other obligations under Title VI or resolve any other individual or class complaint against the District. Action Item 1: Classroom Management BISD will continue to implement a requirement that instructional staff attempt corrective measures before referring a student to disciplinary authorities and/or law enforcement unless the safety of students and/or staff is threatened, the behavior in question is such that the disruption to the educational environment can only be reasonably remedied by such a referral, or the referral is required by state or federal law. BISD will continue to utilize a range of corrective measures that can be implemented, and will continue to offer annual training to all instructional staff within the District on classroom management techniques, including the full range of corrective measures. In addition, the District will ensure that all instructional staff has appropriate resources and support in order to provide effective c l a s s r o o m management. Reporting Requirements: • • Within 20 days of receiving OCR’s comments, BISD will provide to OCR, for its review and approval, comments and/or revised materials, repeating this process as necessary until OCR approves BISD’s submission. • Within 10 days of receiving OCR’s approval, BISD will implement the requirement for corrective measures and schedule staff training. • Within 30 days of receiving OCR’s approval, all staff must be trained on the range of corrective measures developed by BISD and approved by OCR. By May 1, 2017, BISD will provide to OCR, for its review and approval, a draft administrative regulation requiring corrective measures before referring a student for discipline, documentation of a range of corrective measures BISD has developed, and all materials BISD proposes to use to train instructional staff on the range of corrective measures. 1 Deleted: policy • By S e p t e m b e r 30, 2017, and annually thereafter, BISD will submit to OCR a report that documents the training that BISD has provided, including identification of all attendees and a copy of all training materials presented or distributed, and the development of any new or revised corrective measures. Action Item 2: Revision of the District’s Discipline Policies, Procedures, and Practices The District will review its student disciplinary policies and procedures, including, but not limited to, the Student Code of Conduct, Student/Parent Handbook, and any other policies and procedures currently used by any staff with the authority to refer students for discipline (e.g., discipline matrices for office referral) to confirm the following provision are currently in place, and will make revisions to the extent any provisions are missing: a. Definitions of acts of misconduct and offenses that are objective to the maximum extent possible, and clearly distinguish between similar acts (e.g., fighting/mutual combat, horseplay, assault). b. Categories, levels or groupings of misconduct and offenses that, to the greatest extent possible, are not vague, subjective, or redundant. If the District retains categories, levels or groupings that require subjectivity and individual discretion, (e.g., verbal abuse/offensive language, disruptive behavior), the District will provide specific examples to ensure that staff understand the distinctions between such categories, levels or groupings. c. Standards for disciplinary referrals that do not allow staff to refer a student for discipline unless: (i) a range of corrective measures has been attempted, (ii) the safety of students or staff is threatened, (iii) the behavior in question is such that the disruption to the educational environment can only be remedied by such a referral, or (iv) unless otherwise required pursuant to state or federal law, and which requires staff to document the applicable circumstance, i.e., which of (i) through (iv) apply, as part of the referral. d. Standards for the imposition of sanctions that require disciplinary authorities to assign the least severe applicable sanction or document the specific factors to justify a selection otherwise, and to consider alternatives to exclusionary discipline in all cases except those where the immediate safety of students or staff is threatened, the behavior in question is such that the disruption to the educational environment can only be remedied by removal, or unless otherwise required pursuant to state or federal law, in which case disciplinary authorities will be required to document those circumstances as part of the sanction assignment. The District will ensure that materials revised pursuant to this Action Item, if any, are disseminated in a timely manner to District students, parents/guardians, and staff, as appropriate, and are posted in a prominent location on the District’s website and in each District school. In addition, the District will ensure that all revised materials distributed to students and parents/guardians pursuant to this Action Item, if any, are translated into any high-incidence languages within the District. Should BISD seek to make any subsequent changes to its discipline policies and procedures while OCR is monitoring this agreement, BISD will submit to OCR, for its review and approval, the proposed changes, following the reporting requirements outlined immediately below. 2 Reporting Requirements: • By June 1, 2017, BISD will provide to OCR, for its review and approval, BISD’s assessment of and proposed revisions, if any, to all applicable disciplinary policies and procedures, and proposed distribution. • Within 20 days of receiving OCR’s comments, BISD will provide to OCR, for review and approval, comments and/or other proposed revisions, repeating this process as necessary until OCR approves BISD’s submission. • Within 30 days of receiving OCR’s approval, BISD will implement, post, distribute and publish its revised disciplinary policies and procedures. Deleted: March Action Item 3: Student Support Services BISD will continue providing existing student support services and will develop additional student support services designed to assist students who, despite corrective action, are referred for discipline. These services will be designed to ensure students can successfully re-enter the educational setting after referral for discipline, even if no discipline is assigned, and after discipline is assigned, particularly exclusionary discipline. These support services may include, but need not be limited to, the following: a. Adult in-school mentoring; b. Peer in-school mentoring; c. Access to guidance counselors, student support staff, social workers or student advocates, as appropriate; d. Involvement of parents in the discipline process; e. The development and implementation of a behavior support plan; f. Assistance with learning appropriate behavior and developing self-management skills; and g. Referral for educational services, where indicated and appropriate. The District will continue to have in place at every school a system for ensuring that, in the event a student is removed from his or her regular educational setting because the student has been referred or subjected to discipline, the student receives access to the full academic and counseling services to which the student would have had access had the student not been removed. The District will also continue ensuring that the District continues to provide a free appropriate public education to removed students with disabilities through the provision of regular or special education or related aids and services designed to meet the students’ individual educational needs. Reporting Requirements: • By M a y 1, 2017, BISD will provide to OCR, for its review and approval, a list of 3 Deleted: April existing and proposed additional, if any, student support services, including a description of how the services will function, the circumstances when the services will be offered, the personnel who will provide the services, and any other information BISD deems relevant. • Within 20 days of receiving OCR’s comments, BISD will provide to OCR, for its review and approval, comments and/or revised materials, repeating this process as necessary until OCR approves BISD’s submission. • Within 20 days of receiving OCR’s approval, BISD will implement and offer the complete list of approved student support services, and will track the utilization of such services by student name/identification number, race, ethnicity, sex, grade level, and disability status, as applicable. By July 30, 2017, and annually thereafter, BISD will submit to OCR a report that documents the utilization of support services, identifying for each type of service the total number students utilizing each service, broken out by race and ethnicity. • Action Item 4: Coordinators Campus Behavior Deleted: Discipline Supervisor BISD will designate employees to serve as District Campus Behavior Coordinators, and will publish these individual’s names and/or titles, office addresses, e-mail addresses, and telephone numbers on the BISD website, on each school website, and in all school publications regarding discipline. The Campus Behavior Coordinators will be responsible for ensuring that the implementation of the District’s policies concerning discipline is fair and equitable. In particular, the Campus Behavior Coordinators will oversee training and outreach, and be responsible for coordinating and ensuring an appropriate response to all campus complaints of discrimination and denial of due process from parents, guardians, students and others regarding implementation of the District’s disciplinary policies. Campus Behavior Coordinators will be available to employees and students on their campuses who wish to raise concerns or suggestions regarding the improvement of the District’s disciplinary policies, including any issues in connection with fairness and non-discrimination on the basis of race or ethnicity. BISD will ensure the Campus Behavior Coordinators obtain regular training and participate in activities designed to raise awareness about discipline and discrimination issues. • • Deleted: an Deleted: the Deleted: ’s Deleted: Discipline Superv Deleted: isor Formatted: Not Highlight Deleted: is Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Deleted: Discipline Supervisor Deleted: Discipline Supervisor Formatted: Not Highlight Reporting Requirements: • Deleted: June Deleted: The A By May 1, 2017, BISD will provide to OCR, for its review and approval, the name and qualifications of the individuals whom BISD proposes to designate as Campus Behavior Coordinator. Within 20 days of receiving OCR’s comments, BISD will provide to OCR, for its review and approval, comments and/or another proposed candidate, repeating this process as necessary until OCR approves BISD’s submission. Within 20 days of receiving OCR’s approval, BISD will document to OCR that it has 4 Formatted: Not Highlight Deleted: Discipline Supervisor Formatted: Not Highlight Formatted: Not Highlight Deleted: Discipline Supervisor Deleted: s Deleted: s Deleted: April Deleted: Discipline Supervisor appointed the identified and approved individual, published the information specified above on applicable websites, and taken steps to further publish the information in hard copy as necessary. • By July 31, 2017, and annually thereafter, BISD will submit to OCR a report that documents the activities and findings of its Discipline Supervisor, including all complaints to which s/he oversaw a response, all reports and suggestions s/he received from staff and students, and all training and activities s/he attended during the preceding reporting period. Deleted: June Deleted: 30 Action Item 5: Training BISD will continue to annually deliver training programs about discipline to school principals, staff, and students within the District. For school principals, the training will take place prior to the beginning of each school year; the District agrees to provide training to any principal hired mid-year within 45 days of employment by the District. The training must include the components listed below: a. An explanation of the terms of this Agreement and the associated reporting requirements; b. The principals’ critical role in achieving successful implementation of the Agreement; and c. BISD’s commitment to ensuring compliance with Title VI, including its prohibition against interference and retaliation. For instructional staff, the training will take place prior to the beginning of each school year; the District agrees to provide a mid-semester training each semester to ensure any instructional employee hired after the start of school will receive training by the District . For staff directly involved in student discipline (e.g., teachers and school-level administrators), the training must include the components listed below: a. The District’s commitment to using the policies referenced in this Agreement to ensure a safe and orderly educational environment and to ensure the fair treatment of all students when making disciplinary referrals and imposing disciplinary sanctions; b. Corrective approaches and strategies for student development outside the disciplinary system, particularly as referenced in Action Item 1 of this Agreement; c. Detailed explanations of the Student Code of Conduct and other BISD discipline policy, particularly the revised portions; d. Documentation that must be used by all staff within the District who make disciplinary referrals or impose disciplinary sanctions; e. Classroom management and de-escalation approaches, including the value of recognizing and reinforcing positive student behavior; f. Resources that are available to staff who are having difficulty with classroom management, and to students to assist them in developing self-management skills; g. The role that School Resource Officers (SROs) are expected to play; h. The importance of ensuring to the maximum extent practicable that misbehavior is addressed in a manner that does not require removal from the educational program; i. An opportunity for questions and/or role-playing to ensure staffs’ full understanding of the 5 Deleted: any Deleted: mid-year Deleted: within 45 days of employment Deleted: as practicable District’s discipline policies and procedures; and j. BISD will continue its commitment to ensuring that District personnel do not intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with a civil right secured by OCR, or because a person has made a complaint, testified, assisted with, or participated in an OCR investigation. For students, the training will take place within the first two weeks of the start of each school year. The training will explain the District’s policies and what is expected of the students under those policies in an age-appropriate, easily understood manner, and must include the components listed below. a. The District’s commitment to using the policies referenced in this Agreement to ensure a safe and orderly educational environment and to ensure the fair and equitable treatment of all students when making disciplinary referrals and imposing disciplinary sanctions; b. Detailed explanations of the Student Code of Conduct and other BISD discipline policy, particularly the revised portions; c. The consequences and procedures associated with non-compliance with the disciplinary code, but also provide guidance and i n f o r m a t i o n regarding appropriate behavioral standards, including resources to a s s i s t in developing self-management skills; d. Students’ right to appropriate due process protections in connection with any disciplinary action taken or proposed by the District; e. The name and contact information for a Campus Behavior Coordinator, to whom students may send complaints, comments and questions about discipline; and f. An opportunity for questions and/or role-playing to ensure students’ full understanding of the District’s discipline policies and procedures. Reporting Requirement: • By September 30, 2017, and annually thereafter by the end of October during the monitoring period, the District will submit to OCR a report that documents the trainings that BISD has provided, including identification of all attendees and a copy of all training materials presented or distributed. BISD will also provide documentation to OCR evidencing that material for students has been translated into any high-incidence languages within the District. Action Item 6: Outreach to Parents/Guardians Annually, BISD will deliver notice to parents and guardians, by means it will demonstrate to be effective, about: (i) the availability of all sources of information regarding discipline, (ii) any changes from the previous year’s policies, (iii) contact information for a Campus Behavior Coo r di n at o r, and (iv) the right to file complaints of unlawful discrimination and denial of due process regarding the implementation of discipline policies. This notice will be provided in English and in high-incidence languages within the District, and will be posted on the District’s website. Additionally, BISD annually will offer an informational program to parents and guardians that 6 explains, in an easily understood manner, the policies referenced in this Agreement, what is expected of students under those policies, and the District’s efforts in achieving fair discipline of all students. The District will ensure that the informational program is offered in such a manner as to ensure the maximum possible participation by parents or guardians. This may include offering the program at multiple times in various locations and will include providing to parents or guardians who are unable to attend the program access to the materials developed by the District in association with the program. This will also include offering the program and the program materials in highincidence languages within the District. At a minimum, the program will: a. Emphasize the District’s commitment to using the policies referenced in this Agreement to ensure a safe and orderly educational environment and to ensure the fair and equitable treatment of all students when making disciplinary referrals and imposing disciplinary sanctions; b. Include District officials involved in the administration of discipline (e.g., administrators, teachers, guidance counselors); c. Include, but not be limited to: detailed explanations of discipline procedures, the definitions of offense categories, the specific manner in which disciplinary consequences will be employed, the circumstances under which deviations from established policies may be justified, and resources available to assist students in developing self-management skills; d. Advise of the right of students to appropriate due process in connection with any disciplinary action taken or proposed by the District; e. Provide parents/guardians the opportunity to raise concerns or suggestions regarding the District’s disciplinary policies, including any issues in connection with fairness and nondiscrimination; and f. Advise the parents or guardians of the availability of and contact information for a Campus Behavior Coordinator, to whom discipline complaints may be directed, and whom they may contact if they have any concerns about the manner in which the District’s discipline policies are being implemented or need assistance in addressing student behavioral problems. Reporting Requirement: • By the end of October of each academic year during the monitoring period, the District will submit to OCR a report that documents that the parent/guardian notice and informational programs have occurred, including that program materials were shared with parents/guardians who were unable to attend the information programs, and that the notice and program materials were both effectively delivered and offered in any highincidence languages within the District. Action Item 7: School Forums BISD will conduct forums for teachers that provide an opportunity for teachers to discuss with administrators any matters relating to discipline at their campus. Teachers will be provided the opportunity to provide feedback regarding the school’s discipline policies, and to provide recommendations regarding how the policies and procedures can be improved. Reporting Requirement: Comment [A1]: 7 • Within 20 days of the end of each school year during the monitoring period, BISD will submit to OCR a report that documents each teacher forum session conducted, including the date/time/length and location of each session, a list of the faculty and staff attending, a summary of the concerns and suggestions expressed at each such session, and the District’s responses to the same. Action Item 8: Climate Surveys BISD will continue to administer annually a comprehensive school climate survey (Climate Survey) to students (grades 3-12), staff, and parents/guardians at all District schools. The survey will be administered separately to each of these groups and will measure the perceptions concerning issues pertaining to discipline, including but not limited to: relationships among the school community members (teacher-student, teacher-parent, and student relationships); and school safety; clarity of rules and behavioral expectations. In addition, the survey administered to staff and parent/guardians will measure issues related to fairness and equity in the administration of discipline. BISD will develop a plan to utilize Climate Survey results, including informing any proposed revisions to its disciplinary policies and procedures, to develop new or improve existing training, and to change or improve communications. The District will also determine a method for sharing Climate Survey results publicly, particularly with the participating groups. Reporting Requirements: • By April 17, 2017, BISD will provide to OCR, for its review and approval, one or more proposed Climate Surveys. The information provided will include both the survey(s) the District proposes to use, by audience; the methods by which the District will administer the survey(s) in order to maximize response rates, including the timing of administering the Climate Survey(s); and the ways in which the District proposes to use Climate Survey results. • Within 75 days of receiving OCR’s approval, BISD will submit to OCR a report that documents the administration of the Climate Survey(s); the substance of the responses, as well as the response rate, by group surveyed; how survey results were made publicly available; and the specific ways in which the District has used or proposes to use the Climate Survey results. Action Item 9: Collecting and Maintaining Discipline Data BISD will continue to follow uniform standards for the content of all student discipline records, including both electronic and paper records, which standards will apply at each District campus. The District will continue to record data for each referral for discipline.. The District will continue to ensure that data is collected regarding the referral for and assignment of all exclusionary discipline at all District campuses, and that such data is maintained for no less than three years from creation. BISD will revise its data collection system(s), both electronic and paper, if necessary, to ensure that it includes, at a minimum, the following information: a. The name/identification number, race, ethnicity, sex, grade level, and disability status, as applicable, of each student referred for discipline; 8 Deleted: , even those for which no discipline sanction was ultimately imposed b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. t. A detailed description of the misconduct; The date of the referral; The specific violation for which the referral was made; The name or staff identification/employee number of the person making the referral; The school and type of class or other specific settings from which the referral was made (e.g., cafeteria, bus referral); If there were any student witnesses of the incident, the names of and complete contact information for each witness; The prior disciplinary history of the referred student; The specific violation for which the student was punished and the penalty/sanction imposed or, if no violation was charged or penalty/sanction imposed, the reason why; Whether the penalty/sanction was not imposed as a result of the manifestation hearing determination, if applicable; The date the penalty/sanction was imposed; The length of the penalty/sanction (in number of days); The name of the person determining the sanction; Whether the student was transferred to an alternative school or a different school site; Whether school-based or local law enforcement were involved (i.e., law enforcement was notified of the offense); Whether the referral to law enforcement was mandatory Whether the student was arrested Any other non-punitive outcomes arising out of each referral incident, including, but not limited to, skill building, peer mentoring, counseling, etc.; Whether the student was given access to appropriate due process procedures in connection with the penalty/sanction, including, but not limited to, being given the opportunity to present his or her version of events and/or an explanation for their conduct prior to the imposition of sanctions, and, whether, their parents or guardians were contacted in connection with the referral. If any of the information referenced above is not currently maintained in the BISD’s electronic data system (Student Information System) and revision of the electronic system so as to permit collection of the required information is not possible, then the District will maintain paper referral forms. The District can use forms that require staff to check applicable categories; it cannot use pre-filled forms. Reporting Requirements: • By May 17, 2017, BISD will provide to OCR, BISD’s proposed method, either electronic or in paper form, for tracking the information required. • By the start of the 2017-2018 school year, BISD shall implement any new forms or electronic recordkeeping system, and submit to OCR documentation of such implementation. 9 Deleted: <#>The name/identification number, race, ethnicity, sex, grade level, and disability status, as applicable, of all other students involved in the incident, whether or not they were referred for discipline themselves Deleted: ; Deleted: and Deleted: /or adult Comment [A5]: Formatted: Not Highlight Deleted: The outcome of the Deleted: or staff identification/employee number Deleted: and, if so, the statute or ordinance governing the referral; Deleted: or otherwise sanctioned by law enforcement as a result of the school-based or other law enforcement involvement; Deleted: when, and how Deleted: Action Item 10: Discipline Review Team Action Item 11: Review of Individual Student Files ... [1] Deleted: . During the course of its investigation, OCR identified 10 incidents involving the discipline of African American students who may have been subjected to disparate treatment in the imposition of disciplinary sanctions when compared to White students engaged in the same or similar conduct. Within 60 days of the date of this Agreement, BISD will review the disciplinary records related to these 10 identified incidents to determine whether the African American students were subjected to disparate treatment in the application of the District’s disciplinary policy when compared to similarly situated students of other races (i.e., whether African American students were subjected to harsher sanctions for engaging in the same or similar conduct as a similarly situated White student). In conducting this review and making these determinations, BISD will identify and explain any apparent differences in the treatment of the 10 identified African American students when compared to similarly situated White students. If among the 10 incidents BISD identifies any African American students who were subjected to disparate treatment without a legitimate, nondiscriminatory reason, then the BISD will send written notice to the parent or guardian of the identified students who are currently enrolled and were denied access to educational opportunities and offer to reduce the discipline consequence of the African American student to be commensurate with student to whom the comparison was made and offer the parent/guardian of the student, or the student, if a competent adult, a compensatory educational opportunity equivalent to any educational opportunity which was denied. Reporting Requirement: • Within 60 days of the date of this Agreement, BISD will provide to OCR, for its review and approval, the results of the District’s review and any proposed notices and offers of educational services, including all supporting materials relating to BISD’s review. • Within 20 days of receiving OCR’s comments, BISD will provide to OCR, for its review and approval, comments and/or other proposed revisions, repeating this process as necessary until OCR approves BISD’s submission under Action Item 11. • Within 30 days of receiving OCR’s approval, BISD will document to OCR that it has completed all approved actions. Action Item 12: Annual School Reviews BISD annually will aggregate and analyze referral and discipline data by school, and under each school by referring staff and disciplinary authority. At the conclusion of each year, the Superintendent or the Superintendent’s designee(s) will meet with the principal of each school to examine how discipline referrals and disciplinary sanctions imposed at his or her school compare to those at other schools. If data suggests that the principal or other school staff are failing to adhere to BISD’s student discipline policies and practices, or are engaging in discrimination, the Superintendent or Superintendent’s designee(s) will consider appropriate corrective action, 10 Deleted: expunge the disciplinary record of Deleted: the African American student Deleted: or Deleted: services for a period equivalent to any Deleted: time the African-American student spent in an exclusionary discipline setting related to the incident. ... [2] including, but not limited to, additional training or disciplinary action, subject to the rights afforded employees (including administrators) under state and/or federal law. Where data shows no disproportion, the meetings will examine steps that are being taken at the school to ensure the fair and equitable enforcement of BISD’s student discipline policies that might be adopted as “best practices.” In addition, if data shows that a particular school is referring disproportionately high number of students of a particular group to law enforcement or that the SRO is involved in disproportionately high numbers of disciplinary referrals of students of a particular group, the appropriate District administrator will meet with the SRO and all administrators involved in disciplinary decisions to discuss the data and obtain an explanation for the disproportionality. The principal will then submit a written report to the Superintendent or Superintendent’s designee(s) explaining the principal’s findings and recommendations for further action. Based on the principal’s report and recommendations, the Superintendent or Superintendent’s designee(s) will take whatever corrective action he or she deems necessary to address the disproportionality, up to and including, if appropriate, a request that the SRO be replaced and student discipline files be modified, subject to applicable state and/or federal law. BISD will make data for each school available to its principal, who in turn will meet at the conclusion of each school year with the teachers at his/her school to examine how that teacher’s discipline practices compare to those imposed by other teachers at the school. Where data shows that a particular teacher is responsible for a disproportionate number of referrals or disproportionately refers members of any such group, the principal will explore the reasons for the disproportion and examine potential solutions. If data shows that the teacher is failing to adhere to the BISD’s student discipline policies or practices, or is engaging in discrimination, the principal will consider appropriate corrective action, including, but not limited to, additional training or disciplinary action, subject to the rights afforded to employees under state and/or federal law. Where data shows no disproportion at the school and/or in particular classrooms or suggest that a teacher has been particularly successful in managing student discipline at the classroom level, the meetings will examine steps that are being taken by the individual teacher to ensure the fair and equitable enforcement of the District’s student discipline policies that might be shared as “best practices” with other teachers at the school. Reporting Requirement: • Within 60 days of the end of each school year, BISD will submit to OCR a report that documents the meetings held, including a description of all steps taken as a consequence of information shared at the meetings. Action Item 13: Publicizing Discipline Data BISD will develop a means to inform the public about data concerning referrals for and assignment of discipline, including the most frequent reasons leading to exclusionary discipline. The data will be disaggregated by race/ethnicity, school, and/or grade level. The District will consider, but is not limited to, publishing a “data dashboard” or some other means of information dissemination on its website, or providing reports at Board meetings and other relevant public District forums. This information will be updated annually. 11 Reporting Requirements: • By May 17, 2017, BISD will provide to OCR, for its review and approval, a proposal for the content, format, and method the District will use to publish discipline data. • Within 30 days of receiving OCR’s comments, BISD will provide to OCR, for its review and approval, comments and/or proposed revisions, repeating this process as necessary until OCR approves BISD’s submission. • Within 30 days of receiving OCR’s approval, BISD will publicly share information as agreed, and will update the information at least annually. Action Item 14: Assessment Deleted: 2 Comment [A7]: BISD, either by entering into agreement with a consultant(s) or designating an employee(s) with appropriate expertise, will examine BISD discipline data and all changes made pursuant to this Agreement in order to identify the root cause(s) of the concerns identified by OCR regarding BISD’s discipline policies, procedures and practices. The purpose of the review is to develop additional recommendations to address any identified concerns, particularly as they pertain to referrals for discipline and assignment of exclusionary discipline. Among other things, BISD will review its disciplinary policies, including discipline matrices; disaggregate disciplinary data in appropriate focus areas; examine effective communication with staff about discipline policies, procedures and practices; and all data and reports required under this Agreement. BISD will evaluate on an ongoing basis, but at least at the end of each school year, discipline data to assess whether the District is implementing its disciplinary policies, practices, and procedures in a non-discriminatory manner at each District school. The evaluation of the data will include, but not be limited to, the following: a. Review of discipline referrals to examine if and why African American students are receiving more referrals or discipline than students of other races; b. Review of student sanctions to examine if and why African American students are receiving any category of sanctions more often than students of other races; c. Review of referrals to law enforcement to examine if and why African American students are receiving more referrals than students of other races, or if and why SROs are involved in disproportionately high numbers of disciplinary referrals of African American students compared to students of other races; d. Examination of whether certain teachers and administrators refer disproportionately high numbers of students of a particular race for discipline or whether certain administrators are disproportionately responsible for imposing disciplinary sanctions that include exclusion from the educational program; e. Examination of whether waivers of punishment, if available, are available to all students without regard to race; and f. Examination of whether exclusionary discipline penalties imposed are consistent with the District’s discipline policies and procedures and, where exceptions are made, whether they are justified. 12 Deleted: those Deleted: conduct a longitudinal study of discipline data; Deleted: <#>Examination of whether African American students are disproportionately referred for offenses in which subjective judgment is exercised (e.g., disruptive behavior), while students of other races are not; Deleted: are Deleted: <#>Examination of whether all students are consistently referred for similar misbehaviors without regard to race; Deleted: penalties Deleted: penalties specified in the Reporting Requirement: • By May 17, 2017, BISD will provide to OCR, for its review and approval, the identity of the proposed consultant(s) or employee(s) to provide the services identified in this Action Item, including the name, employer (if applicable), and qualifications of the individual(s). • Within 20 days of receiving OCR’s comments, BISD will provide to OCR, for its review and approval, comments and/or another proposed candidate(s), repeating this process as necessary until OCR approves BISD’s submission. • Within 60 days of receiving OCR’s approval, the District will provide to OCR, for its review and approval, a proposed action plan that will identify specific areas to be assessed, the methodology for the assessment, and relevant timeframes for major stages and completion. Deleted: rch Formatted: Body Text, Justified, Right: 0.08", Space Before: 0 pt, Line spacing: multiple 1 li, Bulleted + Level: 1 + Aligned at: -0.25" + Indent at: 0", Tabs: 0.57", Left Deleted: Formatted: Font:14 pt • Within 20 days of receiving OCR’s comments, BISD will provide to OCR, for its review and approval, comments and/or a revised proposed action plan, repeating this process as necessary until OCR approves BISD’s proposed action plan. Within 60 days of receiving OCR’s approval of the action plan, and at regular 60dayintervals thereafter until completed, BISD will submit progress reports that document actions taken since the last progress report, identify any unexpected delays or obstacles, and assess the overall status of its assessment. Monitoring: General Principles The District understands that by signing this Agreement, it agrees to provide data and other information in a timely manner. Further the District understands that, during the monitoring of this Agreement, which is anticipated to last three years but may take a different amount of time, OCR may visit the District, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the District has fulfilled the terms of this Agreement and is in compliance with Title VI, and the regulation implementing Title VI at 34 C.F.R. § 100.3, at issue in this complaint. The District understands that monitoring of this Agreement will continue until all terms of the Agreement are fully implemented, including completion of the assessment required by Action Item 14, which is anticipated to be a multi-year endeavor, and the District provides documentation establishing that any remaining disparities in disciplinary referrals and/or assignment of all exclusionary discipline, including referrals to law enforcement, are not the result of discrimination prohibited by Title VI and its implementing regulations. The District understands that OCR will not close the monitoring of this Agreement until such time that OCR determines the District has fulfilled the terms of this Agreement and is in compliance with Title VI, and the regulation implementing Title VI at 34 C.F.R. § 100.3, at issue in this complaint. The District understands and acknowledges that OCR may initiate administrative enforcement or 13 judicial proceedings, including to enforce the specific terms and obligations of this Agreement. Before initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10), or judicial proceedings, including to enforce this Agreement, OCR shall give the District written notice of the alleged breach and sixty (60) calendar days to cure the alleged breach. This Agreement will become effective immediately upon the signature of the Superintendent or his designee below. Superintendent or Designee Bryan Independent School District Date 14 Page 10: [1] Deleted Author Action Item 10: Discipline Review Team BISD will establish a Discipline Review Team for the purpose of randomly reviewing a percentage of referrals and disciplinary actions taken at each BISD school on an ongoing basis to ensure that documentation was completed as required, and the actions taken were non-discriminatory and consistent with the District’s discipline policies and practices. At least annually, the Discipline Review Team will prepare a report that summarizes the results of its review at each school and includes recommendations regarding additional training of personnel, or changes to the District’s discipline policies and practices that should be made in light of the team’s findings. The Discipline Review Team, in consultation with the Discipline Supervisor, will develop goals and benchmarks for measuring the District’s efforts at implementing its discipline policies and practices in a non- discriminatory manner. If at any point during this process the Discipline Review Team identifies any disciplinary action that was discriminatory or inconsistent with the District’s discipline policies, it will immediately report its finding to the Superintendent, who will take immediate corrective action, subject to the requirements of applicable state and/or federal law. Under such a circumstance, the Discipline Review Team will also expand its review at the school in question to include every referral and disciplinary action taken at the school during the applicable school year. Reporting Requirements: By April 30, 2017, BISD will provide to OCR, for its review and approval, a proposal of the structure and membership of the Discipline Review Team, including the identification of specific employees, by name and job title, whom the District proposes to have serve on the team. Within 60 days of the end of each school year, BISD will submit to OCR a copy of the Discipline Review Team’s report Page 10: [2] Deleted Author time the African-American student spent in an exclusionary discipline setting related to the incident.