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What Did He Know, and When Did He Know It?
Dowling-Sendor, Benjamin – American School Board Journal, 2001
In a case involving a knife in a car and a school's zero-tolerance policy, a circuit court decided it was unfair to expel a student for possessing a prohibited item if he did not know of its presence. Injury to another is impossible under those circumstances! (MLH)
Descriptors: Court Litigation, Expulsion, High Schools, Prevention
A "Con Law" Casualty or Victory?
Zirkel, Perry A. – Phi Delta Kappan, 2001
The 11th Circuit Court upheld a Georgia district's termination of an exemplary teacher who refused an immediate drug test after a police dog sniffed out a marijuana cigarette in her unlocked car. This case illustrates application of zero-tolerance policies to teachers and other personnel despite employees' signed contracts. (MLH)
Descriptors: Constitutional Law, Contracts, Court Litigation, High Schools
Discipline and the Law.
Zirkel, Perry A. – Executive Educator, 1996
Some superintendents'"zero-tolerance" stance on guns, drugs, and disruptive student behavior conflicts with federal laws (Individuals with Disabilities Act and Americans with Disabilities Act), which apply a "zero-reject" policy to many categories of students with disabilities. Superintendents should revamp policies and…
Descriptors: Administrator Attitudes, Court Litigation, Disabilities, Elementary Secondary Education
Zero Tolerance for Children: Two Wrongs Do Not Make a Right.
Peer reviewed Peer reviewed
Sughrue, Jennifer A. – Educational Administration Quarterly, 2003
Traces zero tolerance from federal Gun-Free Schools Act of 1994 through state compliance and state board of education regulations to school district policy and guidelines in Virginia. Reviews Virginia case involving suspension of a middle-school student for having a paring knife in his locker. Reviews other zero-tolerance cases. Questions the…
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, State Boards of Education
Another High-Stakes Test.
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McCarthy, Martha M. – Principal Leadership, 2001
Concerns over students' and staff members' safety in public schools continue to mount-- manifested in zero-tolerance policies, stringent disciplinary practices, and efforts to implement drug-screening programs. Although "reasonable suspicion" for searches and drug testing is the watchword, courts cannot agree on definitions. Legalities…
Descriptors: Definitions, Drug Use Testing, High Schools, Legal Problems
Preempting Threats with a Sound School Policy.
Peer reviewed Peer reviewed
Stader, David L. – NASSP Bulletin, 2000
Administrators should regard each student threat as legitimate, but need flexibility in how they respond. Getting the facts and following due process are essential. School policy should require that students be referred to law-enforcement officials and specify communication, crisis-management, identification, and preventive/proactive procedures.…
Descriptors: Administrator Responsibility, Agency Cooperation, Communication (Thought Transfer), Crisis Management
Balancing Duties and Rights.
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McCarthy, Martha M.; Webb, L. Dean – Principal Leadership, 2000
Schools are legally obligated to protect students from injury, report child abuse, and curtail harassment and hate crimes. Educators' duties to maintain safe school environments often conflict with students' constitutionally protected rights governing expression, appearance, unreasonable searches, and due process regarding zero-tolerance policies…
Descriptors: Child Abuse, Court Litigation, Due Process, Elementary Secondary Education