Zero Tolerance
- Creation of zero tolerance laws in the schools: Zero-tolerance policies started sweeping the country in 1994 after Congress required states to adopt laws that guaranteed one-year expulsions for any student who brought a firearm to school. Federal funding was contingent on the states adopting these laws. All 50 states adopted this law and many went even further and expanded the definition of a weapon.
- A 1997 U.S. Department of Education study found that zero tolerance offenses frequently resulted in suspension or expulsion
- Possession or use of a firearm (80%)
- Possession or use of a weapon other than a firearm (78%)
- Possession or distribution of alcohol, drugs or tobacco (80%)
- Physical fighting (81%)
- Research indicates that, as implemented, zero tolerance policies are ineffective in the long run and are related to a number of negative consequences, including increased rates of school drop out, discriminatory application of school discipline practices, and an increase in the number of school based arrests.
- Position Statements on Zero Tolerance Policies
- National Mental Health Association Position Statement Opposing the Blanket Application of Zero Tolerance Policies in Schools
- American Bar Association
- Zero Tolerance Policy
- Recommendation
- Pennsylvania Legislation
- 24 P.S. § 13-1304-A. Sworn statement
- Prior to admission to any school entity, the parent, guardian or other person having control or charge of a student shall, upon registration, provide a sworn statement or affirmation stating whether the pupil was previously or is presently suspended or expelled from any public or private school of this Commonwealth or any other state for an act or offense involving weapons, alcohol or drugs or for the wilful infliction of injury to another person or for any act of violence committed on school property. The registration shall include the name of the school from which the student was expelled or suspended for the above-listed reasons with the dates of expulsion or suspension and shall be maintained as part of the student's disciplinary record.
- Any wilful false statement made under this section shall be a misdemeanor of the third degree.
- 24 P.S. § 13-1317.2. Possession of weapons prohibited
- Except as otherwise provided in this section, a school district or area vocational-technical school shall expel, for a period of not less than one year, any student who is determined to have brought onto or is in possession of a weapon on any school property, any school-sponsored activity or any public conveyance providing transportation to a school or school-sponsored activity.
- Every school district and area vocational-technical school shall develop a written policy regarding expulsions for possession of a weapon as required under this section. Expulsions shall be conducted pursuant to all applicable regulations.
- The superintendent of a school district or an administrative director of an area vocational-technical school may recommend modifications of such expulsion requirements for a student on a case-by-case basis. The superintendent or other chief administrative officer of a school entity shall, in the case of an exceptional student, take all steps necessary to comply with the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.).
- The provisions of this section shall not apply to the following:
- a weapon being used as part of a program approved by a school by an individual who is participating in the program; or
- a weapon that is unloaded and is possessed by an individual while traversing school property for the purpose of obtaining access to public or private lands used for lawful hunting, if the entry on school premises is authorized by school authorities
- Nothing in this section shall be construed as limiting the authority or duty of a school or area vocational-technical school to make an alternative assignment or provide alternative educational services during the period of expulsion.
- A school district receiving a student who transfers from a public or private school during a period of expulsion for an act or offense involving a weapon may assign that student to an alternative assignment or provide alternative education services, provided that the assignment may not exceed the period of expulsion.
- All school districts and area vocational-technical schools shall report all incidents involving possession of a weapon prohibited by this section as follows:
- The school superintendent or chief administrator shall report the discovery of any weapon prohibited by this section to local law enforcement officials.
- The school superintendent or chief administrator shall report to the Department of Education all incidents relating to expulsions for possession of a weapon on school grounds, school-sponsored activities or public conveyances providing transportation to a school or school-sponsored activity. Reports shall include all information as required under section 1303-A.
- As used in this section, the term "weapon" shall include, but not be limited to, any knife, cutting instrument, cutting tool, nunchaku, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.
- 24 P.S. § 13-1311-A. Standing
- If a student in a school district of the first class is a victim of an act of violence involving a weapon on school property and the student who possessed the weapon was not expelled under section 1317.2, [FN1] the parent or guardian of the victim shall have standing to institute a legal proceeding to obtain expulsion of the student.
- The Office of General Counsel shall have standing to bring an action on behalf of a victim or the parent or guardian of a victim of an act of violence in a school in a school district of the first class to modify, clarify or eliminate a consent decree that is related to discipline in the district if, in consultation with the advocate, the Office of General Counsel believes that the action is in the best interests of the students of the school district.
- The Secretary of Education in consultation with the General Counsel may designate a portion of the funds provided for the safe schools advocate for contracts for legal services to assist low-income parents or guardians of victims to obtain legal services for proceedings under subsection (a). The Secretary of Education in consultation with the General Counsel may designate a portion of the funds provided for the advocate to challenge a consent decree under subsection (b) or to bring an action under sections 1310-A(c)(5) and 1312-A(a). [FN2] The designation of attorneys to receive funds under this subsection shall be within the discretion of the Office of General Counsel after consultation with the safe schools advocate. Designated funds which are not expended under this subsection shall lapse to the General Fund.
- Legal proceedings under this section shall be conducted by an attorney designated by the Office of General Counsel in consultation with the safe schools advocate. The attorney must be a member of the bar in good standing.
- The appropriation for the Office of School Victim Advocate in section 202 of the act of May 24, 2000 (P.L. 1086, No. 21A), known as the "General Appropriation Act of 2000," shall be used to implement this section and sections 1310-A and 1312-A.
- As used in this section, "low-income parent or guardian" shall mean a parent whose family income is no greater than two hundred fifty per centum (250%) of the Federal poverty level.