Meet Senator Jennifer McClellan
Jennifer McClellan's legislation is signed into law
Jennifer McClellan at the General Assembly
Senator McClellan Meets with constituents
Jennifer McClellan accepting the VEA Legislative Champion Award

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Feb19

With the establishment of the first public institution dedicated to the mentally ill in Williamsburg in the 1776, mental health services have been a core responsibility of the Commonwealth of Virginia. Since then, Virginia’s mental health system has evolved from one focused primarily on institutionalization towards a single, integrated system of care, with increased emphasis on the establishment of community services and more effective and efficient use of state facilities.

 Today, Virginia’s “public mental health, intellectual disability and substance abuse services system” is comprised of 16 state facilities and 40 locally run community services boards (CSBs) that “serve children and adults who have or are at risk of mental illness, serious emotional disturbance, intellectual disabilities, or substance abuse disorders.” State facilities are only one of several resources in an overall continuum of care that also include the CSBs, local psychiatric hospitals, hospital emergency departments, law enforcement, and the court system.
Feb5

Jennifer McClellan

Last year, JustChildren released a report entitled “Suspended Progress” presenting an analysis of disciplinary outcome data reported by local school divisions to the Virginia Department of Education for the 2014-2015 school year. The results were startling.

Virginia public schools issued over 125,000 suspensions to over 70,000 students.
After trending downward for at least four years, the suspension rate increased from the 2013-2014 school year.
Over 20 percent of suspensions were issued to elementary school students, including nearly 16,000 suspensions to students in pre-K through third grade.

Over 10 percent of ninth-grade students were suspended at least once.
Most suspensions were issued for nonviolent, relatively minor misbehavior. Half of all out-of-school suspensions were for cell phones, disruption, defiance, insubordination, disrespect, and attendance. In fact, 670 suspensions were issued for “attendance.” Yes, students were sent home for skipping class or not coming to school, even though the General Assembly outlawed suspension for truancy in 2009.
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Suspensions were disproportionately issued to male students, African American students, and students with disabilities.
African American students were 23 percent of the total student population. But they accounted for 53 percent of all suspended students (58 percent of short-term suspensions, 60 percent of long-term suspensions), 55 percent of expulsions, and 40 percent of students referred to law enforcement. They were 3.6 times more likely than white students to be suspended. They were 67 percent more likely to be suspended for being disruptive or disrespectful than white students.

Students with disabilities were 12 percent of the total student population, but account for 25 percent of all suspended students (27.6 percent of short-term suspensions, 22 percent of long-term suspensions), 21 percent of all expulsions, and 28 percent of students referred to law enforcement. They were 2.4 times more likely than students without disabilities to be suspended.

At least 25 school divisions suspended between 25 percent and 40 percent of their African American male students with disabilities.

Suspensions and expulsions are counterproductive, as the root cause of the behavior leading to the suspension or expulsion is rarely, if ever addressed simply by putting a student out of school. Instead, suspension and expulsion accelerate a downward spiral of academic failure.
Research shows that suspended youth are more likely to further misbehave, experience academic failure, drop out, suffer mental health issues, engage in substance abuse, or end up involved in the criminal justice system. This is especially true in school divisions that do not provide access to schoolwork or any form of instruction during suspensions. When students are put out of school, they are too often unsupervised, accelerating these negative outcomes.

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The General Assembly has been grappling with this issue for several years now. This year, I am co-sponsoring several bills to address this problem.

SB 995 (Stanley) and HB 1534 (D. Bell) changes the cap for long-term suspension from a 364 days to a 90 days. Currently, students can be suspended a full calendar year, resulting in that student failing two school years. Under these bills, a student cannot be suspended longer than a single semester.

SB 997 (Stanley) and HB 1536 (D. Bell) prohibits the long-term suspension or expulsion of students in grades pre-K through third grade except in the very rare instances when weapons, drugs, or serious criminal offenses occur. Pre-K through third grade students can be suspended for up to five days. This is the age when symptoms of many disabilities begin to appear, which often manifest through behavior.

For example, in central Virginia, an autistic kindergartener was suspended multiple times for flapping his hands when he got excited or similar behaviors associated with his autism. Rather than putting these kids out of school, we should be assessing and addressing the underlying reasons for the behavior and continuing to educate them. This is particularly important since extended absences from school have a greater impact on the educational, social, and developmental growth than for older kids.

Over the years, accountability in schools has come to mean punishment. School discipline should proportionately address and correct negative behavior without derailing a student’s learning process. Simply putting students out of school for over a semester or expelling them is counterproductive. They may be out of sight, but they are still a part of our community and have the same right under the Virginia Constitution to a free, high-quality public education as “well-behaved” kids.

If we do not address this serious issue now, we risk losing an entire generation of kids, most of them African American or with disabilities, who will never be prepared to be productive members of society.

Jennifer McClellan, a Richmond Democrat, represents the 9th District in the Virginia Senate. Contact her at district09@senate.virginia.gov.

Jan25
A protest crack down bill failed on the Virginia Senate floor Monday courtesy of a bipartisan vote and a number of key Republicans who changed their minds on the bill.

Senate Bill 1055 would have increased penalties for failing to disperse when police declare an unlawful assembly, upping a misdemeanor that brings only a fine now to one with potential jail time. It was one of four bills on protest punishments filed this session by state Sen. Richard Stuart, R-Montross, and the last of the four to die.

Democrats pushed hard against the legislation, with a number of black legislators invoking the Civil Rights Movement. State Sen. Jennifer McClellan said former Hampton Del. Mamye BaCote and her fellow Virginia Union University students could have been jailed under this bill for a 1957 Richmond lunch counter sit-in.

McClellan, and others, questioned Stuart's admonition that the bill was meant to rein in riotous behavior.

Jan25

The state Senate on Monday rejected a bill calling for potential jail time for the crime of remaining at an unlawful assembly or a riot after being ordered to leave.

By a vote of 14-26, several Republicans joined Democrats to stop Senate Bill 1055 by Sen. Richard H. Stuart, R-Stafford.

Sen. Jennifer L. McClellan, D-Richmond, said the bill did more than increase penalties for rioting.

Because an unlawful assembly could stem from a peaceful demonstration, she said, the bill “does subject peaceful protesters to a penalty that quite frankly in many circumstances could be too harsh.”

Stuart’s bill would increase the punishment from a Class 3 misdemeanor to a more serious Class 1 misdemeanor. Such a conviction could result in up to 12 months in jail and a $2,500 fine. Under current law, a Class 3 misdemeanor could not result in jail time and could result in a fine of up to $500.

Stuart and some Republicans said the bill was necessary to deter illegal behavior at an increasing number of political demonstrations.

“This is a public safety bill for us and the protesters, frankly,” Stuart said. “This has absolutely nothing to do with civil disobedience or peaceful protest. … This has to do with a riot, looting, pillaging, breaking into people’s places of business.”

McClellan rebutted that point.

Republicans also said remaining at an unlawful assembly after being told to disperse is already illegal — the bill simply enhances the punishment, they said. “What this bill does is give teeth to that law,” said Sen. Charles W. Carrico Sr., R-Grayson, a former state trooper.

Carrico cited a protest in Richmond after the November election in which demonstrators blocked an interstate.

Democrats decried the bill, noting that it passed the Senate courts committee on the Rev. Martin Luther King Jr.’s birthday. “You’re going to put people in jail because they didn’t move on quickly enough?” said Senate Democratic Leader Richard L. Saslaw of Fairfax.

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Last week the House and Senate adopted amendments to the 2016-2018 budget to address a projected $279.3 million revenue shortfall. The Senate budget reflects its top priorities of supporting mental health programs, avoiding spending cuts for public education and safety net programs, and providing an overdue pay raise for all state employees and teachers.  Specifically, the Senate budget proposes a 3 percent raise for state classified employees, a 2 percent raise for college and university faculty, the state share of a 2 percent raise for public school teachers, and a 2 percent raise for state-supported local employees.  Instead of providing a raise for teachers, the House budget increases funding for school divisions, which may use the money for raises or for other priorities. 

 

Last week, the General Assembly reached "Crossover," the mid-point of Session when the House and Senate must complete work on their own bills. Many of the bills my constituents have written or called me about were addressed prior to crossover and summarized in prior updates. Here is an overview of other bills acted upon last week.

Tomorrow marks the half-way point of the 2017 General Assembly Session, known as "Crossover," when the House and Senate must complete work on their own bills.  Over the next two days we will debate and vote on hundreds of bills on the Senate floor covering a wide variety of topics such as immigration, voting rights, school discipline, student loans, Airbnb, the regulation of property carriers, and public procurement.  My Op-Ed in yesterday's Richmond Times Dispatch discussed some of the school discipline bills we will address.
 
You can watch the Senate floor sessions live or find archived video from earlier floor sessions here