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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The General Assembly adjourned sine die last week after passing more than 800 bills that now await action from the governor. Several of the bills passed address the 21st century generational and technological changes that have led to one of the most dramatic transformations in the American economy in decades — the “on-demand”, “sharing,” or “gig” economy.

Rapid changes in technology have given rise to new business models, such as Uber, Lyft, and Airbnb that do not fit Virginia’s regulatory structure and disrupt “legacy” industries. As a result, the General Assembly has had to update laws governing everything from zoning, consumer protection, insurance, and taxes to allow these new models to grow while providing consumer protections and avoiding the creation of an unlevel playing field for legacy industries competing with these new businesses.


Jenn McClellan is always on the cusp of something — and the hectic pace that’s become her default setting is not always on purpose, the Virginia lawmaker admitted to OZY in a recent interview. “I volunteer and, next thing I know, I’m officer,” she says, laughing. “Once I’m interested in something, I just throw myself into it.”

Her latest role? A brand-new state senator, following a special election last month. As the state representative for Virginia’s political core, Richmond, for more than a decade, McClellan has led on issues of criminal justice and education reform, with a particular interest in ending the catchphrase “school-to-prison pipeline.” For example: She’s pushed for laws limiting school suspension lengths and restricting the ability of teachers to call the police on schoolchildren, who in the past could be handcuffed for behaviors like interrupting in class or truancy. Along the way, the Democrat earned a reputation for garnering bipartisan support — and upon leaving the lower chamber, the wonky African-American received a standing ovation from her colleagues, who raved about her accountability and “level of goodwill and decorum,” as one Republican told reporters.


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.

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.
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.


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

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Last week, the 2018 Virginia General Assembly Session convened for 60 days.  It was a historic week!  In the House of Delegates, 19 new members were sworn in, and the Republican majority shrunk to 51-49. On Saturday, Ralph Northam was sworn in as the 73rd Governor of the Commonwealth, Justin Fairfax was sworn as the 40th Lieutenant Governor, and Mark Herring was sworn in for a second term as Attorney General.  
Against this historic backdrop, the General Assembly began work on thousands of bills and the state biennial budget. I look forward to providing an update on this an other issues over the next six weeks.
On Monday, Governor McAuliffe unveiled the two-year budget covering July 2018 through June 2020. 

You can read the Governor's remarks at the joint money committees meeting here. You can read the Richmond Times-Dispatch's article on the budget here.

Last month we saw a Democratic wave election in which Ralph Northam, Justin Fairfax, and Mark Herring were elected Governor, Lt. Governor, and Attorney General, respectively, and Democrats in the House of Delegates climbed from 34 to 49!   
Majority control in the House is still up in the air, as four races go to recount.  In HD-94, Democrat Shelly Simonds trails Republican David Yancy by only 10 votes!  In HD-40, Donte Tanner trails Republican Tim Hugo by 106 votes.  And in HD-28, where 147 voters were given the wrong ballot, Democrat Josh Cole trails Republican Bob Thomas by only 82 votes.  Locally, in HD-68, Republican Manoli Loupassi requested a recount after conceding to Democrat Dawn Adams twice.  Dawn leads by 336 votes.  
In local upsets, Courtney Lynch was elected to serve as the Brookland representative on the Henrico County Board of Supervisors, flipping control of the Board to Democrats for the first time in decades.  In Chesterfield County, which voted for a Democratic Governor for the first time in over 50 years, Jenefer Hughes was elected to serve as Commissioner of the Revenue.