"WHEREAS, Delaware was one of many states to adopt statewide “Zero Tolerance” policies for its public schools, which are policies that mandate predetermined consequences for specific offenses; and

WHEREAS, many states and local school districts have since reformed or abandoned these policies in response to studies showing that Zero Tolerance policies have resulted in arbitrary and unfair expulsions of students; and

WHEREAS, the Delaware Code currently requires a local school board or charter school to expel, for a period of not less than 180 days, any elementary or secondary school student who possesses a firearm or other deadly weapon in a Safe School and Recreation Zone; and

WHEREAS, school boards and administrators currently have no discretion to modify the terms of a mandatory expulsion once a student is found to be in possession of a “deadly weapon,” which is broadly defined in the Delaware Code; and

WHEREAS, the American Psychological Association recently reported that zero tolerance policies do not effectively improve school safety.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

SECTION 1.         Amend § 1457(j)(4), Title 11 of the Delaware Code by inserting a second sentence as follows: “The local School board or charter school board of directors may, on a case by case basis, modify the terms of the expulsion or determine that expulsion is not appropriate.”."

http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/HB+120/$file/legis.html?open

 

The American Bar Association

"in cases involving alleged student misbehavior, school officials should exercise sound discretion that is consistent with principles of due process and considers the individual student and the particular circumstances of misconduct."

"FURTHER RESOLVED, that the ABA opposes, in principle, "zero tolerance" policies that have a discriminatory effect, or mandate either expulsion or referral of students to juvenile or criminal court, without regard to the circumstances or nature of the offense or the student's history."

http://www.abanet.org/crimjust/juvjus/zerotolres.html

 

The National Education Association

"Also, rigid discipline policies, such as zero tolerance rules, may inadvertently promote lower tolerance for cultural differences."

http://www.nea.org/assets/docs/mf_PB02_Disproportionality.pdf

 

The American Federation of Teachers and the National Education Association

"Both of the large national teachers’ unions (the American Federation of Teachers and the National Education Association) originally supported these policies; then later withdrew their support."

http://www.wcwonline.org/?option=com_content&task=view&id=934&Itemid=54

 

The CATO Institute

"Zero Tolerance Makes Zero Sense"

http://www.cato.org/pub_display.php?pub_id=4067

 

The American Psychological Association

"A review of the school discipline research shows that zero tolerance policies developed in the 1980s to stop drug use and curtail unruly and violent behavior in schools are not as successful as thought in creating safer environments to learn. These policies, which mandate that schools severely punish disruptive students regardless of the infraction or its rationale, can actually increase bad behavior and also lead to higher drop out rates, according to the American Psychological Association’s (APA) report. Based on these results, the APA today adopted a resolution recommending ways to target discipline more effectively in order to keep schools safe while also eliminating the need for a one-size-fits-all punishment for misbehavior."

http://www.apa.org/releases/zerotolerance.html

 

The Delaware Education Research and Development Center (DERDC)

"Dariel Janerette, who is now nearing completion of her doctoral degree in urban affairs and public policy, wrote in a January 2009 policy brief, entitled Zero Tolerance Policies and School Discipline, that “research suggests the harmful effects of zero tolerance policies on students and their families may outweigh the benefits of deterring student misbehavior.”"
http://www.udel.edu/udaily/2010/jul/zerotolerance072409.html