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Zero Tolerance Case Analysis and Rationale

Anthony Wevers

College of Education, Grand Canyon University

EAD 505: Educational Law

Prof. Nesa Sasser

September 15, 2021

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Zero Tolerance Case Analysis and Rationale

Part I: Case Analysis

1. Brief summary of the case:

Rancho Elementary School implemented a Zero Tolerance Policy for possession of a weapon on

school grounds, assaults, sexual harassment, and truancy. A few days later, Becky Skutter

brought an antique gun to school for your presentation on the history of the town. Her teacher

took the gun and returned it to her at the end of the day to take home to her parents. The next day

parents called to complain and question how the situation was handled.

2. Identify the issues to be resolved:

An elementary student brought a gun to school and received no disciplinary action which

violates the schools zero tolerance policy. The teacher who handled the situation was also the

teacher who worked on the zero tolerance policy and clearly understood the procedures to be

followed.

Parents of the students in the classroom were not informed of the incident which clearly

impacted other students in the classroom.

Another issue is whether the parents and students are actually aware of the zero tolerance policy.

Materials of this nature, sent home with students should require a signature from the parents and

students to acknowledge receipt of the policy.

3. Stakeholders involved in the issues:

The stakeholders in the case are school administration, teachers, parents, and the students.
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4. One or two existing laws or court rulings that relate to the issues:

A minimum of a one year suspension is mandated by the federal Gun Free School Act. The

superintendent may adjust that suspension on a student by student basis. The GFSA also

specifies a “dangerous weapon” which would require the firearm in question to be operable.

5. District policies that relate to the issues:

Levittown School District’s firearm policy aligns with Gun-Free Schools Act and Education Law

Section 3214(3)(d). Students found guilt will the same suspension standards or criminal

prosecution.

6. Possible solutions to the issues:

The student should not have been given the firearm back. The parents should have been notified

and the principal’s office and superintendent should have handled the situation from that point.

The teacher could have notified the parent and had them come to the school to pick up the

firearm. In the meantime, the school psychologist or social workers could have been brought in if

the intention of the teacher was to rehabilitate and not prosecute the student.

Police could have been notified and the child would have been charged with criminal possession

of a firearm and prosecuted as a juvenile.

7. The solutions you are choosing to resolve the issues:

I believe the best approach for the students and the situation would be to notify the principal and

bring the student and firearm to the main office. Due to the nature of the new school Zero
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Tolerance policy, the superintendent would have the power to decide is a one year suspension

was required.

8. Action steps (2-5) for implementing your solution, including a timeline for each step:

Step 1: Calmly secure the firearm from the student and safely secure the weapon to avoid an

accidental discharge. The teacher may not be familiar with firearms and should not attempt to

clear the firearm.

Step 2: Call down to the principal's office and request an immediate escort of the student.

Maintaining a calm atmosphere in the classroom would help the situation if possible.

Step 3: The principal would notify the parents and superintendent of schools for an immediate

meeting and discussion.

Step 4: Due to the non-violent nature of the incident, I would recommend to the superintendent

that the school psychologist conduct an evaluation of the student before proceeding with legal

action and suspension.

Step 5: Disciplinary action will be determined by the superintendent. The student should not

receive an ‘A’ grade on the assignment as should serve some sort of suspension.

Step 6: A notification of the incident would be emailed out and communicated by phone to the

parents of the school.

9. Potential moral and legal consequences of the solutions:

The student made a mistake in bringing the firearm to school, but did not do so in a violent

manner. A full year suspension would hurt the student’s development and could miss an

underlying cry for help or deeper issues.

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Firearms in some parts of the country are part of daily life. Students who grow up around

firearms may be naive to the severity of bringing the weapon into school. 5th grade is still very

early in the developmental process and should be considered when rendering punishment.

The federal law calls for legal action to be taken. Failure to do so sets a precedent for future

problems. Access to the firearm should also be addressed and potential charges filed against the

parent(s).

Part 2: Rationale

Students make mistakes and have lapse in judgement from time to time. These moments

require teachers to decide whether to punish, converse, or ignore the issue. This case focuses on

a 5th grader who brought a firearm to school as a historical artifact found in the town for her

project. While I do not condone school violence, firearms in parts of the country are part of daily

life from a young age. The desensitizing of firearms and learned respect for them could play a

part in the situation in this case. Addressing the problem and the individual, especially a 10 year

old, could have a dramatic impact on the students life. The full legal ramifications could result in

family separation, juvenile detention, and a new school.

First, the school policy for zero tolerance for school violence, which would include

firearms on school grounds, was only released to parents and students several days earlier. Policy

changes of this magnitude take time to disseminate and should include a public hearing or parent

information meeting. Students should also be provided with an assembly on major changes to

ensure that all communication bases have been covered. This further ensures that all stakeholders

are well informed and understand the consequences of violations.

Second, the teacher who wrote the policy chose to not enforce the policy. While the

situation on the surface sounds terrible, the teacher in the room felt the student's intention was
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not threatening and chose an alternative path. The choice to give the firearm back to the student

was ridiculous and should be reviewed by the administration. Taking the issue to the school

psychologist and principal could have gotten more people involved, established a baseline on the

student’s psychological well-being, and determined if this was in some way a cry for help.

The parents should have been notified immediately and brought in to discuss the matter.

The firearm in question has many additional questions to be answered. Is the firearm registered?

How did the child get access to the firearm? Consulting law enforcement would be dependent on

the approach to the situation. Prosecuting the parents and child would destroy a family,

especially if this family is living just above the poverty line. The Christian approach would be to

see where compassion could be shown to the student and family. Ultimately, the superintendent

would need to make that decision with the principal.

The firearm should also be considered as an antique. Was the firearm in working

condition, loaded, a replica, broken? This may seem irrelevant, however if the firearm is non-

functioning, then a case could be made that it was a prop and not an actual weapon.

Once all these things are taken into account and only then can a fair punishment be

decided. But a punishment should be decided. Letting a child walk out of class with the gun in a

paper bag to walk the halls and then reward her with an A is not an option. Kids need to learn

that rules need to be followed and if they aren’t consequences will be given.
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References

Education Law §§ 809-a and 3214

Every Student Succeeds Act, 20 U.S.C. § 6301 (2015).

https://www.congress.gov/114/plaws/publ95/PLAW-114publ95.pdf

Gun-Free Schools Act as amended by the Every Student Succeeds Act (ESSA) of 2015, 20 USC

§ 7961