Volume 1, No. 3
Spring 2003

Hamilton Fish
The late Hamilton Fish, a U.S. Congressman from N.Y., was dedicated to justice and youth issues. It is in his memory which we dedicate our work.

Zero Tolerance: Suspension and Expulsion

by Kirk Bailey, J.D. and Catherine J. Ross, Ph.D., J.D.

In This Issue:
• Zero Tolerance: A Legal Primer (Part three of four)
• Programming for Success
• HFI News Briefs
• Teacher's Tip for Classroom Management
• Around the Web: Other Resources on the Internet
• Heard in the Halls
• Book Review

Part Three of a Four-Part Series

Zero tolerance policies generally re-
quire mandatory suspension or expulsion of students caught possessing a weapon, engaging in violent behavior or using or possessing drugs. In many cases, the use of such policies is clearly necessary. However, this is not always the case. Increasingly, reports show that students have been suspended or expelled for apparently trivial mistakes, including:
• Pointing a finger at another student and saying “bang,”
• Bringing a nail clipper to school,
• Turning in a gun brought to school by another student.

In addition to these extreme applications, the question of racial bias often arises in the implementation of zero tolerance

 

Legal Primer Coverprograms. A study in Michigan, for example, found that African-American students were suspended and expelled from school at a rate 250 percent greater than white students. This higher rate would only be appropriate if African-American students committed crimes at a rate 250 percent greater than white students.

Clearly then, adoption and application of zero tolerance policies has ventured into unexpected and uncertain territory. These developments raise important civil liberties issues regarding the right to an education and due process. The following review will outline the basic legal issues raised by zero tolerance policies.

Continued on Page 3

GWU logo

The Hamilton Fish Institute is administered by The George Washington University Institute for Education Policy Studies, Graduate School of Education and Human Development

One Size Doesn't Fit All:

Before the term “alternative education” was coined, a few schools in isolated parts of the country were doing things a bit differently. They were operating outside the box in which traditional public school education was packaged.

In these communities, innovators were creating specialized programs for youth whose needs were not being met by the “one size fits all” approach to public education, and an amazing thing started to occur. Students who had previously failed started to succeed. Once engaged in the

 

Programming for Success

process of learning, they had fewer behavioral issues, and teachers were able to rediscover their joy in teaching.

Alternative schools succeed, according to Robert Barr and William Parrett in "How to Create Alternative, Magnet, and Charter Schools That Work," by connecting students with an active, relevant curriculum that focuses on the individual needs of students, basic skill acquisition, academic preparation linked to careers and opportunities for students to participate in the design and delivery of the learning environment.

Continued on Page 2

 

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2121 K Street NW
Suite 200
Washington, DC
20037
Tel: 202 496 2200
Fax: 202 496 6244
hfi@hamfish.org

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