When the federal Every Student Succeeds Act (ESSA) was enacted, it brought renewed commitment by states and districts to safe learning environments that provide learning opportunities for all students while promoting academic excellence and equity. ESSA accelerated a trend that was already underway in some states and districts to move away from zero tolerance discipline policies and toward more positive approaches to addressing student behavior. AB 168 builds on this trend by altering state expectations regarding districts’ approach to student discipline. In many ways, AB 168 supports positive practices already in place in Nevada’s districts and schools.
Restorative justice is an alternative to exclusionary disciplinary practices which removed students from the academic environment; instead, restorative justice seeks to repair the harm done when a standard of conduct is violated. In its September 2014 publication titled Restorative Justice: Overview, the American Association of School Superintendents reported that “restorative approach often requires a cultural shift for the entire school community; educators must shift to see students as persons deserving of the opportunity to correct their wrongdoings and to learn from their mistakes, rather than as children in need of reprimand . . . [this approach] is rooted in positive relationships and behavior and helps create a supportive environment where students thrive personally and academically.”