Zero Tolerance in Schools.
2001; Jefferson Law Book Company; Volume: 30; Issue: 3 Linguagem: Inglês
ISSN
1226-301X
Autores Tópico(s)Legal Issues in Education
ResumoCHALK TALK* Zero policies have come under increasing criticism of late from parents, students, professors and agencies across the nation as arbitrary, unfair and unreasonable methods to mete out punishment for various misbehaviors in the nation's schools. This paper examines a recent study of tolerance and questions whether the policies actually meet the goals they endeavor to reach. The paper also examines a recent Tennessee case that questions the rationality of tolerance policies in cases where students are unaware that they have broken any rules. The term zero (ZT) refers to those policies which deal out severe punishment for all offenses, no matter how minor, ostensibly in an effort to treat all offenders equally in the spirit of fairness and intolerance of rule-breaking.1 The use of ZT policies began with federal and state drug enforcement agencies in the early 1980s. By 1988, these programs had received national attention, and Attorney General Edwin Meese allowed customs agents to seize the boats, automobiles and passports of any persons crossing American borders who were found with even trace amounts of drugs. The ZT craze spread quickly and soon was being used in such diverse areas as racial intolerance, homelessness, sexual harassment and boom boxes.2 ZT policies then, as they do now, engendered an enormous amount of controversy and occasionally yielded harsh results. The U.S. Customs Agency finally halted its ZT policy in 1990 after its strict application of the rules led to a seizure of two research vehicles. However, just as those ZT policies were being phased out, schools around the country began phasing them in. By 1993 ZT policies were being used by school boards across the country, and a national mandate for these policies was issued by the 1994 Gun-Free Schools Act. This Act requires a mandatory expulsion of one year for possession of a weapon on campus and students breaking this rule are referred to either the criminal or juvenile justice system. The ZT policies in schools now embrace not only the issues addressed by the Gun-Free Schools Act, but are also used to discipline students who disrupt classes or bring tobacco to school.3 In February, 2001, the American Bar Association voted to recommend ending ZT policies for school discipline.4 The report submitted with the recommendation stated that Zero tolerance has become a one-size-fits-all solution to all the problems that schools confront... [and has] redefined all students as criminals, with unfortunate consequences. Many instances of this one-size-fits-all mentality have been reported in the past several years; reactions to the results of these cases range from shock and disgust to understanding and support, depending on which side of the issue people are on. In West Virginia, a seventh grader who shared a zinc cough drop with a classmate was suspended for three days pursuant to the school's antidrug policy because the cough drop was not cleared with the office. In North Carolina, a six year-old kissed his classmate (he claimed she asked him to do so); he was suspended for one day for violating the school's rule which precluded unwarranted and unwelcome touching. In Louisiana, a second-grader brought his grandfather's watch to school for show and tell. The watch had a one-inch-long pocketknife attached; pursuant to the school's weapons policy, the child was suspended and sent to an alternative school for a month.5 Supporters of ZT policies argue that these measures keep schools safe and that, generally, parents and school officials support them. But people who do not support ZT policies point out that the suspension or expulsion of children for various misdeeds is leading to a severe and problematic result: many of these children are missing out on the education their schools are providing, and they are learning far worse lessons away from those schools. Some researchers posit that these ZT policies are deepening a rift between students and the administrators who are supposedly using these policies to protect these students. …
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