Jesse
Harmon
UC 110 09
December
7, 2010
Common Sense Has
Fallen To Zero Tolerance
“It is a thousand times better to have
common sense without education than to have education without common sense.”
–Robert Green Ingersoil
Should
someone be arrested for bringing a cell phone to school? Should a child be jailed for bringing a
nail trimmer into a school building?
Is it ethical to arrest a child for skipping a class? Should students be suspended for bringing
paper clips into the classroom? According
to 80% of school districts in America, it’s perfectly fine (Skiba). This 80% of school districts have
enacted a fairly new system called the Zero-Tolerance Policy system. In this system, if a child breaks a
rule, they receive the harshest punishment possible. Although there have been instances of extreme violence in
schools, the zero-tolerance policy is not an effective way to discipline
students because there is no flexibility in these rules, (the zero tolerance
policy can have a detrimental effect on the education of students). The following essay describes how
inflexible the zero tolerance policy can be.
Zero
tolerance began in the 1980s after Congress passed the National Minimum
Drinking Age Act of 1984. This law
states the legal drinking age is to be set at 21 instead of 18 that many states
had at that time, and that a Breathalyzer test should be conducted. The minimum tolerance rate would be a
0.08 or a 0.1. Today, this has
been changed to include ANY number being shown on the Breathalyzer test
(Hanson). Schools have adopted
this zero tolerance idea. Since
drugs were running rampant in the public school system in the 1980s, schools
began to inflict harsh punishments on students who committed crimes, which
mirrors the adult “get tough” attitude that many law enforcement and public
officials were geared toward. During
the 1990s, however, that idea spread to many people in the community, who
demanded schools include firearms, knives, drugs, alcohol, and violence. However, this did not stop the massacre
that happened on April 20, 1999 in Columbine, Colorado. Two high school students brought guns to
school, shooting and killing 13 and injuring 25 students and staff. After this devastating situation,
people across the country demanded schools to implement a zero tolerance policy. What these people didn’t know was that
this was an opportunity for school districts to gain control. For example, the high school that the
author of this essay attended, Logan High School, in Logan, Ohio, went through
a period of change. In
November of 2000, the community of Logan voted for a levy that would allow the
school district to construct new schools.
In November of 2008, the new high school was completed, and students and
faculty moved in December. Once
the move was complete, the school installed policies that stated that all
vehicles belonging to students and faculty were to be tagged and monitored
throughout the time the vehicles were located on school property. If a student was caught smoking in
their car, which happened to be on school property, the student would get
referred to the office, the privilege of parking was revoked, and the vehicle
was to be towed at the owner’s expense.
This caused outrage throughout the student body of the school, but no
one made a stand against it.
This policy was intended to deter students from doing
criminal activity, but schools all over the country have pushed the issue too
far. There have been examples of
why the zero tolerance policy is needed.
In September of 1997, a fight broke out at Decatur High School. Two gangs started to yell, and a
fistfight broke out. Seven black
students were suspended on October 1, 1997 because of the fight. This sparked outrage from the
community. However, the Reverend
Jesse Jackson, and thousands of members of a group called Operation PUSH,
famously attended a protest at the school on November 14. Reverend Jackson and several others
were arrested two days after the protest, for disturbing the peace. Reverend Jackson and PUSH filed suit
against the district because of racial bias. Six students were represented in the lawsuit, (the seventh
dropped out of the district). The
plaintiff claimed the district handled the situation poorly; the punishment
exceeded the original offense. The
presiding judge, Judge Robert McLosky, threw the suit out. He claimed the district was well within
its rights of suspending these students (Skiba). As obviously seen in this
example, the zero tolerance policy could lead to racism.
The major problem is that schools are taking students away
from the education that is desperately needed. A seventeen-year-old student in Chicago, Illinois, shot a
paperclip from a rubber band. The
paper clip, which was aimed at another student, instead hit a cafeteria worker,
breaking the worker’s skin. The
student was expelled, and charged with a misdemeanor battery. The
school advised the student to drop out of school.
There are many other incidences that do not make
sense. Russell J. Skiba’s 2000
article titled “Zero Tolerance, Zero Evidence,” and Dr. Nancy A. Heitzeg’s
article, called, “Education Or Incarceration,” gives many examples of how the
zero tolerance policy does not work.
Dr. Heitzeg’s thesis was that the zero tolerance policy gives no leeway,
and that it is very rigid.
In May of 1999, in Pensacola, Florida, a sophomore student
at the high school gave a friend a pair of nail trimmers with a file. The teacher saw the nail trimmers,
confiscated them, and reported the girl to the principal. The girl, who was aspiring to be a
doctor, was given a ten-day suspension and threatened with expulsion. As the principal stated later, “Life
goes on. You learn from your mistakes. We recommend expulsion.” How could a pair of nail trimmers lead
to expulsion?
The rigidity is obvious, but the zero tolerance policy also
infringes on the rights of students.
In February of 1999, a freshman at a school in Ewing, New Jersey was
sleeping in class. The teacher
suspected the student of doing illegal drugs, and asked the nurse to check the
student’s vital signs. When the
student refused to conform to the ridiculous situation, the principal suspended
the student and refused to allow him to return to school until he passed a drug
test. The father filed suit
against the school, but the young man eventually gave in and took a drug
test.
Also in February 1999, a student was suspended from
Westlake High School because he announced that the French teacher was not
fluent in the French language. The
principal accused the student of “verbally attacking” the teacher (Skiba). According to the First Amendment of the United States
Constitution, “Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress
of grievances.” In Tinker vs. Des
Moines Independent Community School District, 393 U.S. 503, the United States Supreme Court extended the first amendment
rights to students, (US Supreme Court Center). Schools
do not have the authority to infringe on the rights of students, but of course,
they still do.
A student’s First Amendment right of freedom of expression
was violated in Ponchatoula, Louisiana.
A twelve-year-old student, who was diagnosed with a hyperactive
disorder, told students not to eat all of the potatoes in the lunch line, or,
as he stated, “I’m going to get you.”
The twelve-year-old student was suspended for two days, and the police
charged him with “terroristic threats.”
He was incarcerated for two weeks while awaiting trial (Justice Policy
Institutions, The Advancement Project).
In Arlington, West Virginia, two ten-year-old boys put
soapy water on a teacher’s desk.
The boys were charged with a felony, with a maximum sentence of twenty
years in prison. The case was
later dismissed. The Eighth
Amendment plays a role in this situation.
The amendment states that, “Excessive bail shall
not be required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted.”
In another example of the Eighth Amendment being violated
happened in Palm Beach, Florida, when a fourteen-year-old student, who was
disabled, was accused of stealing a couple of dollars from a fellow
student. The principal called the
police, and the fourteen-year-old student was charged with strong-armed
robbery. According to the
prosecutor, the situation “depicting this forcible felony, this strong-armed
robbery, in terms as though it were no more than two dollars, shoplifting
fosters and promotes violence in our schools.” Media pressure forced the court to drop the case (Heitzeg). Because the student was disabled, does
that give prosecutors and administrators the right to inflict harsh
punishments? Absolutely not.
There are many instances where the punishment considered is
completely nuts. An
eleven-year-old student died from an asthma attack after the school wouldn’t
allow her to carry an inhaler with her (Building Blocks For Youth). In another case, an eleven-year-old
girl was tasered by police, arrested, and charged with battery of a security
resource officer after disrupting a school function and resisting with
violence. The eleven-year-old girl
had pushed another student. As of
the writing of this source, one could assume the case was still on trial
because of how Heitzeg wrote the text.
Examples like these show that administrators will make
ridiculous and outrageous decisions based on the zero tolerance policy. The idea may be fantastic on paper, but
in reality, it does not work.
Since the policy’s inception in the mid 1980s, it has been implemented
in about eighty percent of school districts nationwide (Skiba). According to statistics published by
Dr. Heitzeg, about 3.3 million students are suspended each year. One hundred thousand or more of these
suspensions turned into expulsions after the fact. What is outrageous is that this number doubles that of
expulsions in the year 1974. Schools
have reported higher dropout rates in recent years because of students being
suspended and expelled. Evidence
shows that there is absolutely no evidence to support that zero tolerance
policy is effective in any way. Despite
a drop in school related crimes in the 1990s, schools still insisted that the
zero tolerance policy be instituted.
School funding has decreased, while security measures have increased,
(security measures meaning metal detectors, more officers in schools, et
cetera). Evidence has shown that
there is absolutely no correlation between the zero tolerance policy and “safer
schools.” More and more minorities
are being suspended and expelled since the zero tolerance policy went into
effect (Heitzeg). However, in
Skiba’s 2004 essay titled, “Discipline is Always Teaching,” he states that the
rates of suspension and expulsions are not divided equally by race. African-American students are four
times more likely to be suspended, and two and a half times more likely to be
expelled than their Caucasian counterparts. Skiba also mentions that ninety percent of out of school
suspensions were because of disruptive behavior. Basically, the zero tolerance policy does not work.
There are many alternatives to the zero tolerance policy
that schools need to consider. Schools
can have their counselors talk and mentor the troublesome students. A middle school principal in Indiana
did exactly this. According to
her, the school’s suspension rate dropped by nearly fifty percent (Skiba). Another alternative is to have
legitimately suspended students do community service. The zero tolerance policy should be used only for the most
serious infractions, such as bringing a real gun to school. Schools should increase bully
prevention programs, as violence is a major source of criminal activity. An elementary principal in Indiana
decided to participate in Project PEACE, a program that involves training the
student early on that certain behaviors are not acceptable. This principal stated, “We’ve taken it
to the point that there are peace spots in every room, and there’s a poster in
my office. They click right into
it…It’s amazing what the training does,”
(Skiba).
Another alternative is to apply the zero tolerance policy
with greater flexibility in problem schools. The situation must be assessed, and the age and context must
be taken into consideration. Reyes
suggests that all infractions need to be defined, classified, and appropriate
handling of each infraction should be sought. School resource officers should take and pass developmental psychology classes, taught by a certified
instructor, whether it be a college professor or a clinical psychologist (Reyes).
As
mentioned before, the Tinker case needs to be considered. Another case, Goss vs. Lopez, 419 US
565 1995, should be assessed. The
ruling states that students may not be suspended without a hearing. However, many schools do not follow
this. The fourth amendment is
violated a lot in schools as well.
Schools conduct unreasonable search and seizures on students’ backpacks,
lockers, and even their bodies.
However, a lawsuit sought by the Safford Unified School District #1
against Savana Redding, an eleven-year-old girl who was caught with ibuprofen
in her backpack, was lost because the court ruled the strip search was
unreasonable. The bizarre ruling
did state that the school was able to search her outer garments and her
backpack, but that the strip search was too far. Students now do not have much hope to be defended by the
fourth amendment.
Of
course there will be situations where the zero tolerance policy should be put
into effect. Students who bring real guns to school, dangerous and sharp knives, with the
intent to harm people, known illegal narcotics,
and gang fighting should all be taken seriously. We do not need potential murderers and rapists in our public
school system. The troublesome
students need to be mentored, counseled, and monitored. A gun brought into the school by a
teenager or pre-teen is a dangerous thing. A butter knife and a toy soldier should not be the sole
reason to expel someone.
The
zero tolerance policy is obviously not working as planned. Many people have suffered, and will
continue to suffer for the rest of their lives because of it. Students who were suspended for
bringing nail trimmers now need to face the fact that they may not get a job
because of their “criminal record.”
Parents need to get involved with their students’ activities as well. In order for schools to be safer,
officials need to consider the facts stated in this paper. Common sense is needed in order for
discipline to be effective.
Works Cited
Essex,
Nathan. "Student Dress Codes Using Zero Tolerance?." Education
Digest Oct. 2004: n. pag. Web. 8 Dec 2010.
Hanson,
David J. "The National Minimum Drinking Age Act of 1984." Alcohol Problems and Solutions. Sociology Department,
State University of New York, 2009. Web.
3 Nov 2010.<http://www2.potsdam.edu/hansondj/ YouthIssues/1092767 630.html>.
Heitzeg,
Nancy A. "Education Or Incarceration: Zero Tolerance Policies And The School To Prison Pipeline." Forum on
Public Policy (2009): n. pag. Web. 3 Nov 2010.
<http://www.eric.ed.gov/PDFS/EJ870076.pdf>.
"History
of Zero Tolerance." Zero Tolerance Laws. Zero Tolerance Laws, 2008.
Web. 3 Nov 2010.
<http://www.zerotolerancelaws.com/historyofzerotolerance.html>.
Kajs,
Lawrence T. (2006). Reforming the discipline management process in schools: an alternative approach to zero tolerance. Education
Research Quarterly, 29(4).
Reyes, Augustine. (2006). Are zero
tolerance policies effective in the schools? an
evidentiary review and recommendations. Discipline, achievement, and race; is zero tolerance the answer?, 63(9).
Web. 29 Nov 2010.
"School
to Prison Pipeline: Fact Sheet ." New York Civil Liberties Union.
New York Civil Liberties Union, n.d. Web.
3 Nov 2010. <http://www.nyclu.org/schooltoprison>.
Skiba, Russel.
"Discipline is Always Teaching." Education Policy Briefs 2.3
(2004): 1-11.
Web. 29 Nov 2010.
Skiba, Russel. "Zero Tolerance, Zero
Evidence." Indiana University. Indiana Education Policy Center, Aug. 2000. Web. 2 Nov 2010.
Skiba, Russel. "The Dark Side of Zero
Tolerance." (1999): 372-382. Web. 10 Nov 2010.
“Tinker
V. Des Moines Sch. Dist., 393 U. S. 503 (1969)." US Supreme Court Center. United
States Supreme Court, 2007. Web. 29 Nov 2010. <http://supreme.justia.com/us/393/503/case.html>.
"Zero
Tolerance." Building Blocks For Youth. Building Blocks For Youth,
n.d. Web. 3 Nov 2010.
<http://www.buildingblocksforyouth.org/ issues/zerotolerance/facts.html>.