Zero Tolerance Hysteria At Montour High School

Columbine Strikes Again! Columbine High School has had a Zero Tolerance Policy for weapons for years. It didn't prevent the tragedy at Columbine. But Zero Tolerance policies are very effective at punishing innocent kids that do dumb kid things.

Below is an exchange of notes that "Jenny" sent to "Tolerance" requesting support and advice. Tolerance's advice was to go public with her story but most importantly get advice from a local attorney ASAP. As is mentioned in "Lessons Learned," judicial appeal options evaporate if you do not act quickly (sometimes as quickly as 5 days after a "due process" appeal). If you hesitate because you do not want to appear litigious you will forfeit your right to an objective and reasonable hearing (cause you don't typically get them from zero tolerance school boards).

The good news is Jenny had already taken that step. While her story doesn't have a totally happy ending. It could have been worse!

Here is Part 1 from Jenny (April, 99):

Yes, there is zero tolerance Hysteria at Montour School District.

My 17 year old son, a senior, had the poor judgment to take a small steak knife to school with him (to cut up a couple of apples he had taken for lunch) on the morning after the Littleton, CO, tragedy. He did nothing with it except cut up one apple, then put it in the empty locker next to his own because he didn't want it on his person.

He has been suspended from school since about noon on April 21st, was ARRESTED and spent the weekend of April 23-26 in a juvenile detention center, was forbidden to attend his Prom on the 30th, and now has been told that he will have a hearing to expel him at 7 PM on May 19th (coincidentally, the day AFTER the school board elections).

He cannot attend school until after that hearing (unless he is expelled). He is in the Marine Corps Delayed enlistment program and will not be able to join unless he receives his diploma (a GED is not good enough).

There is more to the story, which I will gladly divulge, but my main problem is to find a way to force these people to let my son finish high school and graduate. He is not violent or dangerous. He poses no threat to himself or anyone else, he's just implusive and mouthy. He did something wrong, we all accepted the first 3 days of suspension as equitable, even the subsequent 7 additional days. But the filing of unsubstantiated and unsupportable criminal charges and the destruction of his future military career is too much. He has been punished enough. Why do they want to destroy the rest of his life, too?

Can anyone provide any advice or support?

Jenny

Here's is Part 2 from Jenny (June 99):

My son was, finally, allowed to finish his coursework AT HOME and will be MAILED his diploma. The criminal case ended with a whimper when the ADA wanted to ask for a continuance because the one student witness willing to testify against him wasn't available for the hearing due to is being a school day. The choice became either wait for a new hearing in a month (after school ended) with my son being on house arrest the entire time (the conditions of his release from detention were that he remain inside the house at all times except for school, work or church - he couldn't even take out the trash or mow the lawn!), or plead guilty to disorderly conduct (a 3rd degree juvenile misdemeanor that will be expunged from his record when he turns 18) and get probation and 100 hours of community service. Our attorney was sure that we could get him acquitted if we waited, but he was not willing to spend another month cooped up, so we took the plea-bargain.

The school board hearing was almost as anti-climactic. Our formal hearing was set for the day AFTER the local election, and only 1 member of the board even bothered to show up, so our due process consisted of the school administration and lawyer quoting school policy, while we provided our evidence of our son's nonviolent character through the testimony of his Marine Corps recruiter, our church youth minister (a former juvenile parole officer), and a psychological profile (ordered by the judge in the criminal proceeding), all in front of the School Superintendent and the single board member. The superintendent, before we had our say, had recommended that the board allow John to graduate, but not attend class - or any other school function - for the remainder of the year. After we spoke, we were told that the board would vote on the matter the following evening during the closed portion of their regular meeting. We were later told that the one member who was at the hearing attempted to sway the board, but the final result was that they accepted the superintendent's pre-hearing recommendation without amendment.

It isn't justice, but at least we were fortunate enough to make enough of an impression on the consciences of the school administrators to show them that expulsion was unwarranted, even if my son doesn't really see much difference at this time between expulsion and the exile he was given.

You have my permission to use any portion of this or my previous letter that you would like on your web site. I would also be happy to be in contact anyone who might want to discuss this issue, although what I have found is that the biggest problem is that, as parents, we are hobbled by the need to take the route that does the least harm. We took a path - plea-bargain- that I, personally, would not have chosen, but I know that being on house arrest for another month would have caused deep distress for my son - and my 15 year-old daughter whose reaction (deep depression and severe acting out - she is now in therapy) to her brother's difficulties has been alarming . We needed closure, fast. Time was not on our side, and letting the clock run
for the other side simply would have let them take the prize, even if we won. We salvaged what we could, but it has left a bitter taste in our mouths. It's no wonder that the psychologist that examined my son found that he seemed "to be somewhat suspicious of the motivations of others."

Thank-you for your concern and support, and I hope that you are successful in bringing some sanity to your personal arena. It is a sad lesson that these schools are teaching our children, that being honest and accepting responsibility for mistakes is the biggest mistake - because there is no
mercy to be found in bureaucracy.

Jenny