“Zero Tolerance” (H 5352, S 394)

The General Assembly overwhelmingly approved an ACLU bill to require schools to take a caseby- case approach in determining the appropriate discipline for students charged with drug, alcohol or weapons violations. The bill, which effectively wipes out so-called “zero tolerance” policies in effect in many school districts, was supported by the Department of Education, as well as by the state branch of the National Education Association which had opposed the bill in the past. Implementation of “zero tolerance” policies has required ACLU intervention in literally dozens of cases over the years, including the suspension of two first graders for bringing a toy ray gun to school, the suspension of a kindergartner for having a plastic butter knife in his lunch bag and, most recently, the attempted censorship of a high school yearbook photo because the student was wearing medieval attire and a prop broadsword.