The state Board of Education is considering a new school discipline policy that promotes keeping delinquent students in school and moves the system away from a long-standing zero-tolerance stance that relies on out-of-school suspensions as a common form of punishment.

Hawaii youth advocates say too many public school students are being punished with suspensions for minor offenses — a tactic they argue isn’t effective and often steers at-risk youth into the criminal justice system.

"There’s no question that there are kids that end up in the criminal justice system that would not otherwise end up there had they not been removed from their educational environment," said Kauai Prosecutor Justin Kollar, who served as an adviser on the new policy.

Some 6,345 students were suspended statewide last year, accounting for 10,530 suspensions issued in the 2013-14 school year. That averages out to roughly 60 suspensions per school day. Of those suspensions, 1,029 resulted in student arrests on campuses.

Kollar and Oahu Family Court Judge Paul Murakami told BOE members last week that out-of-school suspensions should be minimized in favor of behavioral supports that help keep students on track academically. They contend schools are the safest place for these students.

"For those of you in school administration, it’s only a suspension," Murakami said. "But that’s the start of a slippery slope, a very steep, slippery slope."

"These are the kids who need the most help, who need the most support, who need the most resources," Kollar added. "And by kicking them off campus and turning them loose in the community, we’re giving them the least help, the least access to services, the least support."

BOE member Nancy Budd, who took the lead crafting the proposed discipline policy, said the new guidance aims to:

» Promote effective discipline and support practices to keep students in school.

» Reduce and avoid criminalization of students.

» Ensure that out-of-class suspension is a last resort. If suspended, a student must be provided with meaningful academic instruction and behavioral supports, regardless of length of suspension. (Under current rules, a principal "may consider" providing alternate educational activities for students suspended for up to 10 days.)

» Ensure that the long-term best interests of the student be considered in every suspension decision.

» Create positive school environments by engaging schools and communities to help identify school climate goals.

The board’s Student Achievement Committee has unanimously approved the policy for recommendation to the full board.

While the number of suspensions across the state has been on the decline in recent years, Kollar contends the numbers are "still too high."

Suspended students accounted for less than 5 percent of the overall DOE student body last year, but the percentages of suspended students were much higher at individual schools, including at Keaau Middle (31 percent of the school’s student body) and Pahoa High & Intermediate (20 percent) on Hawaii island, Iao Middle (17 percent) on Maui, and downtown Honolulu’s Central Middle (17 percent), according to a Honolulu Star-Advertiser analysis of school discipline reports.

Hawaii’s overall suspension rate is less than half the national rate. Nationally, one out of every nine students, or 11 percent of students at U.S. schools, were suspended at least once during the 2010-11 school year, according to a report by the Center for Civil Rights Remedies at UCLA.

Kollar cautioned that at-risk youth who are disciplin- ed with suspensions typically lack a supportive home environment or proper supervision while out of school.

"They’re getting in fights, they’re doing drugs, and basically they’re learning how to get used to their new way of life as petty criminals and then eventually serious criminals," he said. "They end up in the criminal justice system where we become the social workers of last resort, a task we are not nearly as well equipped to perform as the Department of Education is."

David Hipp, executive director of the state Office of Youth Services, which manages the Hawaii Youth Correctional Facility, said his agency supports the effort to keep kids in school.

"The common denominator of the kids that we see in the juvenile justice system is failure in school," Hipp said.

The UCLA report, which argues that suspensions are overused and counterproductive, said research shows that being suspended even once in ninth grade is associated with a twofold increase in the likelihood of dropping out of school.

"Reserving out-of-school suspension as a measure of last resort can lead to higher achievement and improved graduation rates," the report said. "The idea that we must kick out the bad kids so the good kids can learn is a myth, because there are many viable alternatives that do not result in chaotic school environments."

The report cited a revised policy statement from the Academy of American Pediatrics, which says "out-of-school suspension and expulsion … should not be considered as appropriate discipline in any but the most extreme and dangerous circumstances, as determined on an individual basis rather than as a blanket policy."

Isle students were arrested for more than 30 offenses last school year, the most common being possession of illegal drugs and drug paraphernalia, insubordination, disorderly conduct and assault. But the data show some students also were arrested for relatively minor infractions under DOE rules, including being tardy, lying and cheating, abusive language, use of a laser pen or pointer, and smoking.

"There are youth who need to be in the (justice) system," Murakami acknowledged. "But an arrest will mark someone for life. Forgive my French, but they’re screwed for something they did when they were 14, 15. … So before you put a child into that system, make darn sure."

Budd said the new policy is intended as guidance for implementing what’s known as Chapter 19, the section of the DOE’s administrative rules dealing with student misconduct.

"This is brand-new policy. The only guidance now is Chapter 19," she said.

The existing rules reinforce a zero-tolerance mentality, stating: "Disciplinary action shall be taken for all class offenses in grades kindergarten through 12."

The rules prohibit 36 actions categorized into four classes, with Class A offenses being most serious and Class D offenses the least severe. For example, assault, fighting, possession of illegal drugs and property damage are Class A offenses, while truancy, smoking and possessing contraband are considered minor offenses.

Suspension is one of 16 disciplinary options listed in the rules, which also allow for parent conferences, detention, loss of privileges, restitution and dismissal. School principals approve suspensions of up to 10 days, while a complex area superintendent has to sign off on longer suspensions.

Kollar called the new guidance "an important step in turning the tide."

"This policy is an important step in the right direction, because this is a law enforcement issue, this is an educational issue, this is a social justice issue, and it’s something that benefits our entire community if we’re on the same page moving in the same direction, trying to make sure that we’re identifying the children who need the greatest support in terms of controlling their behavior, while keeping them out of a system that is really going to set the tone for the rest of their lives," Kollar said.

DOE officials say the department supports the changes, which will require training.

"It’s a mindset shift from zero tolerance to a more positive behavioral support system," said Leila Hayashida, assistant superintendent for the Office of Curriculum, Instruction and Student Support. "We are deploying a set of training starting July 1 that supports the policy."

She said the training will entail "having every employee on campus adopt, live and breathe how to deal with very difficult students in a positive manner on a day-to-day basis — managing the stress, what to say, how to say it, body language, how to approach kids, and when to back off."

Wil Okabe, president of the 13,500-member Hawaii State Teachers Association, said schools have to be safe and caring places in order for teaching and learning to take place.

He acknowledged that providing "comprehensive student behavior support is an ongoing challenge in our schools … (and) the challenges are often compounded by a lack of resources and qualified personnel on staff to facilitate such support for student discipline."

Some schools say they’re already embracing a more supportive discipline culture.

Farrington High School, for example, has launched an off-campus program to help suspended students keep up with schoolwork and maintain a routine of attending classes.

Previously, suspended students could only seek help from teachers or use resources such as computers after school hours. This year, the Kalihi school diverted resources to have a teacher provide instruction every weekday at an off-campus site for students with long-term suspensions.

"When a kid is out of school 20, 30, 40 days, not having any educational services is detrimental to their morale," Principal Al Carganilla said in an interview. "With this program, it keeps them in the mode of going to school. Before, when they’d come back to school, the motivation just wasn’t there."

Farrington, the state’s fourth-largest high school, has seen a steady drop in its suspension rates, from 234 suspensions in 2011-12 to 164 suspensions last school year. Carganilla credits efforts to better engage students and promote positive behavior as "the Farrington way."

On Hawaii island, Chad Keone Farias, the complex area superintendent overseeing nine DOE schools along the island’s southeast coast, welcomed the idea of a new discipline policy.

"This type of policy would force us to create more options to correct behavior and consider alternatives to suspending students," said Farias, the Kau-Keaau-Pahoa complex area superintendent.

He acknowledged that some of his schools have struggled with bad behavior.

"Because behaviors were pretty bad, we started cracking down and were heavy-handed with suspensions because we had that option," he said.

Farias said beyond training, implementing the new policy will require schools to articulate climate goals.

"It’s more about defining the culture of the school and what our beliefs are," he said. "The belief has to be that everyone deserves an opportunity to learn."