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The Policy of Zero Tolerance:
Gun-Free Schools Act of 1994
The zero tolerance policies states have enacted draw much
of their inspiration from the federal Gun-Free Schools Act
of 1994 (GFSA). In essence, the GFSA requires each state receiving
federal funds under the Elementary and Secondary Education
Act to expel, for a period of not less than one year, any
student found with a weapon on school grounds. Weapons may
include firearms designed to propel a projectile by an explosive
reaction, including starter guns, the components of any such
device, silencers or other destructive devices such as bombs,
poison gas, grenades, rockets, missiles or mines.
The
federal mandate [GFSA] applies only
to firearms, meaning that a zero tolerance policy is
not required
by federal law for
other weapons,
substance abuse,
or other infractions. |
The
GFSA should be distinguished from the Gun-Free School Zones
Act (1990), which prohibited the possession of a weapon or
firearm within 1,000 feet of a designated school or school
property. The Gun-Free School Zones Act was overturned in
1995 by the U.S. Supreme Court as a violation of Congress’
power under the Commerce Clause of the Constitution. Subsequently
amended, the revised Gun-Free School Zones Act (1996) maintains
a prohibition against the possession of a firearm or weapon
in a place a person knows, or should reasonably know, is a
school zone. It does not, however, address zero tolerance
policies.
Under
the 1994 GFSA, federal funds may be denied to states that
fail to adopt a zero tolerance policy for firearms. The GFSA
allows local school officials to modify firearm-related expulsion
requirements on a case-by-case basis but does not define modification
or outline the circumstances under which such modifications
would be appropriate. The federal mandate applies only to
firearms, |
meaning
that a zero tolerance policy is not required by federal law
for other weapons, substance abuse, or other infractions.
A number of states, however, have broadened the definition
of “weapons” well beyond firearms to include knives,
razors, slingshots, brass knuckles and any other inherently
dangerous object. In addition, some schools view threats of
violence from students, including assaults not involving the
use of a weapon, as a reason for expulsion.
The
GFSA also allows schools to arrange alternative educational
opportunities for expelled students at their discretion. Generally,
there is no substantive right to public education that requires
a state to provide alternative education, so schools may impose
expulsion policies provided they are directed at a legitimate
government purpose and their implementation is rationally
related to achieving that purpose. However, some states do
guarantee a fundamental right to education through the state
constitution’s bill of rights or provisions requiring
a free and public education, creating additional conflict
between state law and zero tolerance policies. The scope of
such issues exceeds the purpose of this guide, so readers
are urged to contact their local school counsel for specific
advice regarding state constitutional concerns raised by zero
tolerance policies in schools.
State
Interest in Safe Schools
In light of the state’s clear responsibility to ensure
the safety of teachers and students, school officials may
adopt suspension and expulsion policies that require mandatory
sanctions for particular offenses and expect those sanctions
will
continued
on page 6
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