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New England Juvenile Defender's Center - Zero Tolerance Policies

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AN OVERVIEW OF THE IMPACT OF ZERO TOLERANCE POLICIES

Under new zero tolerance disciplinary policies, students are at risk of facing expulsion and suspension for minor offenses. A hallmark of zero tolerance policies is one punishment fits all conduct, including harmless activities. Zero tolerance policies require excessive punishments for various infractions ranging from minor to severe offenses, without regard to the student's circumstances, history, or other factors. Since the shooting in the Columbine High school in 1999, the number of suspensions and expulsions has increased further due to implementation of zero tolerance policies.

In 2001, the ABA House of Delegates voted against zero tolerance policies which they believed to be "disciplinary policies that fail to take into account the circumstances or nature of an offence or an accused student's history."

In taking this action, the ABA's policy-making House of Delegates supported the following:

  1. "Schools should have strong policies against gun possession and be safe places for students to learn and develop;
  2. In cases involving alleged student misbehavior, school officials should exercise sound discretion that is consistent with principles of due process and considers the individual student and the particular circumstances of misconduct;
  3. Alternatives to expulsion or referral for prosecution should be developed that will improve student behavior and school climate without making schools dangerous."
    (http://www.abanet.org/media/feb01/zerotolerance.html)

The ABA's policy stated: "There are many misconceptions about the prevalence of youth violence in our society and it is important to peel back the veneer of hot-tempered discourse that often surrounds the issue.... While it is important to carefully review the circumstances surrounding these horrifying incidents so that we may learn from them, we must also be cautious about inappropriately creating a cloud of fear over every student in every classroom across the country. In the case of youth violence, it is important to note that, statistically speaking, schools are among the safest places for children to be." (http://www.abanet.org/crimjust/juvjus/zerotolreport.html)

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