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30 J.L. & Educ. 547 (2001)
Zero Tolerance in Schools

handle is hein.journals/jle30 and id is 557 raw text is: CHALK TALK*- Zero Tolerance in Schools Zero tolerance policies have come under increasing criticism of late from parents, students, professors and agencies across the nation as arbitrary, unfair and unreasonable methods to mete out punishment for various misbehaviors in the nation's schools. This paper examines a recent study of zero tolerance and questions whether the policies actually meet the goals they endeavor to reach. The paper also examines a recent Tennessee case that questions the rationality of zero tolerance policies in cases where students are unaware that they have broken any rules. The term zero tolerance (ZT) refers to those policies which deal out severe punishment for all offenses, no matter how minor, ostensibly in an effort to treat all offenders equally in the spirit of fairness and intolerance of rule-break- ing.' The use of ZT policies began with federal and state drug enforcement agencies in the early 1980s. By 1988, these programs had received national attention, and Attorney General Edwin Meese allowed customs agents to seize the boats, automobiles and passports of any persons crossing American borders who were found with even trace amounts of drugs. The ZT craze spread quick- ly and soon was being used in such diverse areas as racial intolerance, home- lessness, sexual harassment and boom boxes.' ZT policies then, as they do now, engendered an enormous amount of contro- versy and occasionally yielded harsh results. The U.S. Customs Agency final- ly halted its ZT policy in 1990 after its strict application of the rules led to a seizure of two research vehicles. However, just as those ZT policies were being phased out, schools around the country began phasing them in. By 1993 ZT policies were being used by school boards across the country, and a national mandate for these policies was issued by the 1994 Gun-Free Schools Act. This Act requires a mandatory expulsion of one year for possession of a weapon on campus and students breaking this rule are referred to either the criminal or juvenile justice system. The ZT policies in schools now embrace not only the *The Chalk Talk section is comprised of short articles by the staff of the Journal, pinpointing issues of current interest in education law that, though they should be addressed, are not presently deserving of lengthy treatment. 1. Russ Skiba & Reece Peterson, The Dark Side of Zer Tolerance: Can Punishment Lead to Safe Schools? 80 Pm DELTA KAPPAN 372, (1999). 2. See id.

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