Zero Tolerance Policy in School

It is important to first note that every state has legal statutes that provide for the compulsory attendance of children in schools and conditions for a student’s attendance at public schools. These include a set of written rules and regulations for the conduct of students while they are present at school.

Zero tolerance is a school administrative policy that allows a school to suspend or expel a student for committing specified activities or actions that are considered to be exceptionally dangerous activities. Importantly, schools may enact a zero-tolerance policy regardless of the student’s intent or the circumstances of the situation. In most cases, schools typically enact zero-tolerance policies in order to send a strong message against a certain behavior.

In fact, according to a 2010 study conducted by the Southern Policy Law Center, over the last two decades, suspension and expulsion rates in schools have doubled. One reason for the increase in expulsion rates has been the adoption of zero-tolerance discipline policies. Zero-tolerance policies have also expanded the category of actions or behaviors for which a student can and must be suspended or expelled from school.

However, attending school is a constitutional right, and as such, schools must abide by Constitutional and educational laws when enacting and enforcing a zero-tolerance policy. Education law is the branch of law that deals with issues involving school safety and discipline, as well as the civil rights of students who attend a school. Education laws will often differ by jurisdiction, with the rules in your school district differing from the rules in the district next to you.

What Disciplinary Actions Does Zero Tolerance Impose on Violations?

It is important to note that many students have challenged a school’s zero-tolerance as a violation of due process, but the challenges have been largely unsuccessful. This is because lower courts where the challenges occur consistently conclude that the Constitution provides no check on a school’s zero tolerance policy. As such, a school has almost free range to exercise disciplinary actions on any student who violates the school’s written zero-tolerance policy.

The exact policies may differ from administration to administration. However, if a student commits an act that is punishable under a zero-tolerance policy, then they can expect to be expelled from school for no less than a year. Once again, the circumstances surrounding the student’s actions or inactions will not be relevant in determining their punishment. Further, the punishment imposed by zero tolerance is often mandatory.

What Kinds of Behavior Are Subject to Zero Tolerance?

Zero-tolerance policies were originally created with the intention of preventing students from engaging in inherently dangerous activities, such as bringing guns to school. However, since then, as mentioned above, many school districts have expanded the scope of zero-tolerance policies to include other activities.

Examples of the most common kinds of behavior that are subject to zero tolerance may include:

• Possession Of Weapons: As mentioned above, the original purpose of zero-tolerance policies was to impose strict punishments on the possession of guns being brought to school. Since then, the policies have expanded to the possession of any weapon on a school campus, including the possession of:
  • Guns or firearms;
  • Knives or other sharp-bladed items such as swords;
  • Any weapon capable of firing a projectile;
  • Fake weapons that resemble any of the prohibited weapons under the zero-tolerance policy.
    • Once again, zero tolerance does not depend on what the student intends to use the weapon for or whether or not the student even knew that they possessed the weapon on their person in some jurisdictions.
• Possession or Sale of Illegal Drugs: Preventing drugs from circulating in schools is also one of the purposes of zero tolerance policies, and as such, any possession or sale of illegal drugs will result in the student receiving discipline under a zero-tolerance policy;
• Rape or Sexual Assault: Any unlawful actions such as rape or sexual assault between a student or staff member may also invoke disciplinary procedures under a zero-tolerance policy;
• Arson: Arson is also often included in zero-tolerance policies to prevent the destruction of property.

Is There Anything I Can Do if I Am Caught With a Weapon?

In general, a zero-tolerance policy makes it a very bad idea to bring any weapon to school. As such, if a student is caught with a weapon, the student will often be subject to mandatory suspension or expulsion from the school for no less than a year. However, there are some states that have enacted certain exceptions to the zero-tolerance policy of mandatory suspension or expulsion.

For instance, the following list contains policies that serve as an exception to mandatory expulsion or suspension:

• Some states make an exception to mandatory expulsion or suspension for students who immediately report to school officials that they have a weapon and grant further leniency in cases where the student was not aware they possessed the weapon;
• Some states will allow students to appeal to the school board and explain the circumstances surrounding the infraction of possessing a weapon.
  • The school board may believe that the student’s actions did not pose an ongoing or actual threat to students or teachers. In that case, the student’s punishment can be lessened or changed from the mandatory expulsion as is appropriate.

One article authored by the University of South Carolina Law School noted that ninety-one percent of schools have adopted zero tolerance toward weapons, and just short of ninety percent have adopted zero tolerance toward drugs and alcohol. However, the definition of weapons and drugs does not only constitute items such as guns and marijuana. But, it has expanded to include any item that falls under the broad categories.

For instance, there have been mandatory expulsions for both a student who brought their Cub Scout tools to school and a girl who had a first aid kit in her vehicle that contained a small medical knife.

Once again, the Constitution does not prohibit schools from expelling students for possessing drugs or weapons. Additionally, zero tolerance policies often define a weapons offense in the broadest sense possible, which is usually “possess[ing] any item capable of inflicting injury or harm to persons or property.”

Then, the punishment for such offenses is mandatory long-term suspension or expulsion. With cub scout gear and medical kits being considered weapons under such definitions, many argue that mandatory expulsions are a violation of an individual’s due process rights.

Must the School Provide an Expelled Student With Alternative Education?

In short, no. However, some schools will place an expelled student in an alternative placement program. Most states hold that schools are not required to provide students who have been expelled under a zero-tolerance policy with any form of alternative education. Further, there is no Constitutional right to alternative education programs.

Do I Need a Lawyer?

If you have any questions about a zero-tolerance policy or if you or your child have been expelled or suspended under a zero-tolerance policy, it is in your best interests to consult with an experienced government lawyer.

An experienced government attorney will be able to inform you about the specific rules and laws in your school district and how they affect you or your child’s legal rights. Additionally, a lawyer will also be able to represent you in any administrative hearings that might occur as a result of a zero-tolerance policy imposing disciplinary action.