It’s now the law in the state of California: Children grades kindergarten through eighth can’t be suspended for what is called “willful defiance.” Senate Bill 419, authored by Senator Skinner (D-Berkeley), was signed by Governor Gavin Newsom on Sept. 9, but what does it mean? Basically, unless a student engages in violence or brings a weapon or drugs to school, they can’t be suspended. Period. 

So, let’s run through some basic scenarios: “Sit down during class” “No!” “Don’t talk during class” “No!” “Don’t sleep during class”—Snore… You get the picture.

What’s a teacher to do? Some school districts are promoting “Restorative Justice,” where the students are given a moment to reset and be mindful of their actions. Sounds nice, but what if the student is willfully defiant of taking their moment to reset and be mindful? Well, they don’t explain that one, but I’m sure they are working on it.

I remember the “restorative justice” in my elementary school, whereupon the principal had a paddle in her office and, although she was an elderly lady in her 70s, none of us wanted any of that. Being sent to the principal’s office had a whole different meaning back then, and although in the entire eight years I was there I only got a swat once that I can remember, it was very effective.

Nowadays, we would probably haul that same principal off to jail for child abuse, so this conversation isn’t about corporal punishment. I will say, however, I look back at those strict teachers and principal with a great deal of fondness. I felt very oppressed back then, but in retrospect they were always very fair with me, and if I was punished, including suspension, well, I deserved it. I know that now, and furthermore, any punishment I ever got in school paled in comparison to the consequences I received arriving at home with a note from school. Parents and teachers were partners in their kids’ education, and everyone knew that having a controlled learning environment was paramount to a successful education.

We weren’t walking around in fear, either—far from it. We felt safe in our school, understanding that everyone had to abide by some basic rules. We weren’t timid and shy, there was some tomfoolery, talking in class and getting too rowdy on the playground. At the end of the day, however, the word of the teachers was law. No longer. Many campuses are plagued with disruptive and raucous kids, whose parents won’t or can’t discipline them, and with teachers handcuffed by the politicians. The 1975 Individuals with Disabilities Act (IDEA), mandates that schools provide a “free and appropriate education” for children, including those with a disability that manifests in emotional, and sometimes physical outbursts—moreover, in regular classrooms wherever possible. Also in 1975, the Supreme Court in Goss v. Lopez ruled that school officials must adhere to the principle that education is a “property right.” See a group of boys having a small riot in the lunchroom? You better have a full hearing before you suspend or expel them.

We have all seen the videos of kids taunting and cursing at their teachers. Really? I couldn’t imagine doing that in my schools, and I was a bit rowdy, I admit it. You know what else you see in those videos? A classroom full of kids, sometimes jeering on their disrespectful classmate while they berate the poor teacher, but each and every one of them not getting an education in class that day. Only half of California students meet English standards, even fewer math. LA Unified School District has a high school dropout rate of over 26 percent!

The genesis of SB 419 is in part due to lobbying of activists who claim that kids of color, especially African American kids, are disproportionately suspended from school compared to European and Asian kids. There is data to support this in a study by San Diego and UCLA called “Get Out! Black Male Suspensions in California Public Schools.” Perhaps there is a large cadre of racist teachers eager to suspend black kids from school or, perhaps there are other societal factors resulting in a disproportionate suspension ratio; I suspect the latter. 

Suspicions aside, incontrovertibly allowing a few out-of-control students to disrupt the entire class and school experience is injurious to the other students. Many black students attend schools with a large percentage of other black students. Is it racist to tell those children, and their parents, that they must suffer academically because our government will not allow the teachers and administrators to discipline a student of any color who is disrupting the entire class? Of course, maybe the reflective moment of “restorative justice” will be effective, and it will be smooth sailing for our public schools going forward. 

But don’t hold your breath.