ZERO Tolerance

1. ZERO Tolerance By Karis Roberts

2. What exactly are we talking about? • "Zero tolerance" is the phrase that describes America's response to student misbehavior. • Zero tolerance means that a school will automatically and severely punish a student for a variety of infractions.

3. Zero tolerance began as a Congressional response to students with guns (gun cases are the smallest category of school discipline cases). Zero tolerance covers student misbehavior, from including "threats" in student fiction to giving aspirin to a classmate. Why was it implemented?

4. Oh, and remember: • Columbine High School Shooting-1999

5. Prevalence of Zero Tolerance Policies and Practices • According to data from the U.S. Department of Education and the Center for Safe and Responsive Schools, at least 75% of schools report having zero tolerance policies for such serious offenses as: • Firearms (94%) • Weapons other than firearms (91%) • Alcohol (87%) • Drugs (88%) • Violence (79%) • Tabacco (79%)

6. What are the consequences/ legal ramifications for the student? • Zero tolerance results in expulsion or suspension irrespective of any legitimate explanation. In many instances it also results in having the student arrested.

7. Is the policy working? • Zero tolerance = trouble • Policies can reflect institutional stupidity (opinion) • Zero-tolerance policies lack flexibility • Racial Disproportionality • Elevated drop out rates related to suspensions • Repeat suspensions and expulsions ineffective in changing students behavior

8. Is it really working? • A seventeen-year-old junior shot a paper clip with a rubber band at a classmate, missed, and broke the skin of a cafeteria worker. The student was expelled from school. • A nine-year-old on the way to school found a manicure kit with a 1-inch knife. The student was suspended for one day. • In Ponchatoula Louisiana, a 12-year-old who had been diagnosed with a hyperactive disorder warned the kids in the lunch line not to eat all the potatoes, or "I'm going to get you." The student, turned in by the lunch monitor, was suspended for two days. He was then referred to police by the principal, and the police charged the boy with making "terroristic threats." He was incarcerated for two weeks while awaiting trial. • In Palm Beach, Florida, a 14-year-old disabled student was referred to the principal's office for allegedly stealing $2 from another student. The principal referred the child to the police, where he was charged with strong-armed robbery, and held for six weeks in an adult jail for this, his first arrest. When the local media criticized the prosecutor's decision to file adult felony charges, he responded, "depicting this forcible felony, this strong-arm robbery, in terms as though it were no more than a $2 shoplifting fosters and promotes violence in our schools." Charges were dropped by the prosecution when a 60 Minutes II crew showed up at the boy's hearing.3 • In Denton County, Texas, a 13-year-old was asked to write a "scary" Halloween story for a class assignment. When the child wrote a story that talked about shooting up a school, he both received a passing grade by his teacher and was referred to the school principal's office. The school officials called the police, and the child spent six days in jail before the courts confirmed that no crime had been committed.

9. And on the plus side… • No repeat offenders • a deterrent effect upon students, thus improving overall student behavior and discipline • Parents support the policy to ensure the safety of schools, • Students feel safer knowing that transgressions will be dealt with in no uncertain terms.

10. Are there alternatives? • Texas’s Policy: The law eliminates the unforgiving nature inherent in prevailing rules by requiring that educators consider four factors when considering what should be done about infractions of school rules • (A)  self-defense;(B)  intent or lack of intent at the time the student engaged in the conduct;(C)  a student's disciplinary history; or(D)  a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct

11. More Alternatives: • Violence prevention • Social skills training and positive behavioral supports • Early intervention strategies

12. Any Questions?

13. References • Tuccille, J.D. (2009). Texas schools back away from zerotolerence madness. Civil Liverties Examiner, Retrieved from http://www.examiner.com/x-536-Civil-Liberties-Examiner~y2009m9d30-Texas-schools-back-away-from-zerotolerance-madness • Kremser, J. "Application of Zero Tolerance Policies: An Exploratory Study of High School Practices in Ontario" Paper presented at the annual meeting of the American Society of Criminology, Royal York, Toronto <Not Available>. 2009-10-26 from http://www.allacademic.com/meta/p32599_index.html • Abrahms, S. (1998, June 21). Discipline of 9 seniors is evaluated: Headmaster defends ‘zero tolerance’ stance. Boston Globe, p. 1. • American Bar Association. (2001). Zero tolerance policy report. Washington, DC: American Bar Association, Juvenile Justice Committee. • Associated Press. (2001, March 22). Second-graders facing charges. Newday, p. A33. • Davis, A. (1999, November 18). ‘Zero tolerance’ ignites debate in Hartford: Meeting on drug problem draws hundreds to school; Expulsions are hot topic. Milwaukee Journal Sentinel, p. 1. • Dwyer, K., Osher, D., & Warger, C. (1998). Early warning, timely response: A guide to safe schools. Washington, D.C.: U. S. Department of Education. • Martin, R. C. (2001). Zero tolerance policy. American Bar Association.