A Zero Tolerance Nightmare With A Happy Ending!

Below is an encouraging note from parents (Marla and Steve) from Colorado that recently fought and won a zero tolerance case with her local school board. Their daughter had been caught in possession of some alcohol on school grounds. There were some extenuating circumstances that helped to explain this anomalous behavior by their daughter but regardless they agreed she did wrong and that a reasonable punishment was appropriate. However, expulsion for a student who had never been in trouble before and who in all other respects was a model student seemed excessive, if not destructive.

Steve and Marla appealed the expulsion to their school board, they utilized some of the advice , lessons learned and Colorado law analysis from this web site and feel it made a big difference. It is gratifying that although our lessons learned have been too late to help our own kids they are helping others....

Steve and Marla's Story:

We Won!!!! They did "expel" her, but only for three days (actually a three day suspension). This way they can hang on to their "zero tolerance" position and say that they always "expel" for alcohol. I did argue that the ZT policy is legally unfounded (they didn't like that!).

I also argued that the board exceeded it's authority in allowing only the XXXXX Academy as an alternative. Part of the program there is a 4-week "discovery" program, during which they work on anger management, team building, decision making, capped off with a day of visiting with prisoners at a local prison for a little scared straight session.

The program amounts to a 4-week behavior modification course, which is considered a form of psychotherapy. The board is not qualified to diagnose the need for such therapy, and they exceed their authority in trying to mandate it. There are probably significant civil rights issues with the school board mandating mental health treatment.

Other parents might want to investigate the "alternative school" offered in their district and find out if behavior mod., group counseling, etc... are part of the program. If it is, they may want to consider raising this issue too.

We also had a letter from our daughter's therapist and one of her teachers stating that she was not a threat or danger to the welfare, safety or morals of any other student or school personnel. From that we argued that the board was less qualified to make that judgment than a licensed mental health professional and a teacher that works with her daily. Until ZT policies are tossed out, people might want to consider getting a professional opinion that their child is not a detriment, etc..... I am finding that most teachers and counselors who actually work with young people as human beings do not support the notion of "Zero Tolerance". It should be relatively easy to get these kinds of referrals.

The information and suggestions in your Web site were tremendously helpful. If we would have walked in without that information and preparation, I don't think we would have won. If there is anything I can ever do to help you or another parent in this situation, don't hesitate to contact me.

Even though we prevailed, this isn't over for me. The whole notion is ridiculous and the fight needs to continue until these idiotic policies are ended (or at least common sense is applied).

We went in with our argument summarized on about three pages, and eight exhibits totaling 19 pages. I know they didn't review it all, but I think the fact that it was there, and that it was obvious we were entering it into the record for the purpose of future litigation made a difference.

Their lawyer was the last to speak. We couldn't hear what he was saying, but judging by the body language of the others in the room, his opinion must have been "find a loophole to hang your hat on, something different about this case than all the others, and use it to let this kid back in school."

When the director of pupil personnel came to tell us the "verdict" he told our daughter "if any other kids ask why you got to come back, you tell them it was because you didn't distribute (the alcohol)."

Thanks again. I don't think our outcome would have been this positive if not for the information in your Web site.

Steve and Marla