Zero Tolerance Case Analysis and Rationale

Part 1: Case Analysis

1. Brief summary of the case:

The school district adopted a zero-tolerance policy that was to be adopted by all their

schools. It included zero-tolerance for weapons on campus. District officials asked each principal

to develop their own version of the policy and distribute it to families. The Rancho Elementary

School principal assigned the creation task to a fifth-grade teacher who was a school leader and

who had earned the certification to be a school principal. When the teacher finished creating the

policy for their campus, she was to submit it back to the principal for approval. The principal

was away and unreachable, so in their absence the assistant principal reviewed the zero-tolerance

policy created by the teacher and approved it. It was then distributed to families.

A few days later the same teacher who created the zero-tolerance policy for their school was

giving a lesson on historical aspects of their community that included student presentations. One

student brought in a visual aid for their presentation. This student’s visual aid was an old gun.

The student brought the gun in a paper bag, showed it to the class during their presentation, and

put the gun away after their presentation. The teacher confiscated the bag with the gun in it for

the remainder of the school day, but she gave it back to the student at the end of the school day.

The student earned an A for this project. The next day a parent reached out to the school to

inquire about the class presentations where a gun was shown. The parent demanded action be

taken against the student who brought the gun. They also said that they would call the

superintendent and the local news about the situation.

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 2. Identify the issues to be resolved:
 Did the student violate the zero-tolerance policy?
 Is the zero-tolerance policy legal?
 What consequences should the student face?

3. Stakeholders involved in the issues:

 The stakeholders are the principal, Ms. Idleman, Becky, other students, parents, the
superintendent, and the school district.

4. One or two existing laws or court rulings that relate to the issues:
 Gun Free School Act of 1994
 D.K. v. Dist. School Board of Indian River County, 981 So.2d 667 (Fla. Dist. Ct.
App. 2008)

5. District policies that relate to the issues:

 Offenses Warranting Law Enforcement Notification
o WEAPONS: “Dangerous weapon” includes, without limitation, a blackjack,
slingshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a
nunchuck, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly
knife or any other knife described in NRS 202.350, or any other object which
is used, or threatened to be used, in such a manner and under such
circumstances as to pose a threat of or cause bodily injury to a person.
“Firearm” includes, without limitation, any pistol, revolver, shotgun,
explosive substance or device, and any other item included within the
definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1,
1995.
 Brandishing any dangerous weapon or firearm in a rude, angry or
threatening manner or to use the same in any fight or quarrel
 Concealed - it is unlawful for any person to carry any dangerous
weapon or firearm.
 Possession - it is unlawful for any person to possess any dangerous
weapon or firearm.

 Immediate Removal From School

A student may be removed from school immediately for any of the following:
o Posing a continuing danger to persons or property,
o Posing an ongoing threat of disrupting the academic process,
o Selling or distributing any controlled substance, or

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 o Being found in possession of a dangerous weapon as provided in NRS
392.466.
When a student is removed for any reason, the student shall be given an explanation of the
reasons for removal. The student shall also be given an explanation of pending proceedings, to
be conducted as soon as practicable after removal, for the suspension or expulsion. 

The administrator shall:

 
 Tell the student they are investigating allegations that the student has violated laws,
rule(s), state charter school policies, or the school’s policies.
 Tell the student the specific laws, rule(s), or policies that are alleged to have been
violated and that, if the evidence supports the allegations, there will be consequences
up to and including suspension/expulsion from school. Students will be asked if they
understand the allegation(s).
 Explain to the student the evidence administration has regarding the alleged
violation(s).
 Ask the student if they admit or deny the allegation(s). If the student admits to
violation(s), administration will assign appropriate consequences. If the student
denies the allegation(s), administration will give the student the chance to explain and
present their side of the story. The administrator will consider the student’s
explanation and, if the administrator deems it appropriate, may investigate the matter
further. 
 After hearing the student’s explanation and evidence, the administrator will determine
if there is a need for more information and, if so, obtain it before making a decision.
If not, the administrator will determine what, if any, violations exist and assign
appropriate consequences.
 If the student has a behavior plan, the administrator will review the plan with the
student. If the student does not have a behavior plan, and the student is subject to the
habitual discipline statute (NRS 392.4655), then a behavior plan may be written.
 If suspension is appropriate, the administrator shall notify the student that he/she will
be suspended for (number of days) and when it will be commencing (starting date).
 The administrator shall notify the parents of the suspension as soon as possible by
phone or in person, and follow up with a notification letter, which will be placed in
the student’s file.

 State-Mandated Suspensions
A student shall be suspended for at least a period equal to one (1) semester from the school
he/she attends if:
o On the first occurrence, the student commits a battery that results in bodily injury
of an employee of the school while on the premises of any public school, at any
activity sponsored by a public school, or on any school bus.
o On the first occurrence, the student sells or distributes any controlled substance
while on the premises of any public school, at any activity sponsored by a public
school, or on any school bus.

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 o On the first occurrence, the student is found in possession of a dangerous weapon
while on the premises of any public school, at any activity sponsored by a public
school, or on any school bus.
o The student has been deemed a Habitual Disciplinary Problem through proper
procedures as described in NRS 392.4655. Habitual Disciplinary Problem is
determined if, in any one (1) school year (August through June):

Any student who commits any of the conduct described in 1 through 4 above will
be placed on emergency suspension pending investigation and determination of
final action to be taken in the matter.

 Expulsion and Long-term Suspension Hearings

The school must permanently expel a student from the school he or she attends if:

 On the second occurrence, the student commits a battery that results in bodily
injury of an employee of the school while on the premises of any public school, at
any activity sponsored by a public school, or on any school bus;
 On the second occurrence, the student sells or distributes any controlled substance
while on the premises of any public school, at any activity sponsored by a public
school, or on any school bus;
 On the second occurrence, the student is found in possession of a dangerous
weapon while on the premises of any public school, at any activity sponsored by a
public school, or on any school bus. 

Any student who commits the conduct described above will be placed on emergency
suspension pending investigation and determination of final action to be taken in the
matter.

 Restorative Justice Plan

o Possession of a Weapon (Non NRS)
 1st Offense = Restorative Interventions Category: Reintegration by
Accountability
 RPC / Possible Change of Placement / Possible SUS
 2 Offense = Restorative Interventions Category: Support by Community
nd

 Change of Placement / SUS / Possible EXP

 3 Offense = Restorative Interventions Category: Support by Community
rd

 SUS Pending EXP

o Weapons
 1st Offense = Restorative Interventions Category: Reintegration by
Accountability
 RPC / SUS Pending EXP

6. Possible solutions to the issues:

 Interview Becky, Becky’s father, Ms. Idleman, the student whose parent complained,
and a few other students in the class to get an idea of what truly occurred during this
situation.

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  Becky could have a change of placement.
 Becky could be suspended for bringing a weapon to school.
 Becky could be expelled under the zero-tolerance policy.
 Ms. Idleman could be suspended for not reporting the incident.
 Ms. Idleman could lose her teaching credential for not reporting the incident.

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

I would interview Becky and her father as my first step. The interview of Becky and her
father would help to determine Becky’s intent which could inform my decision in this situation.
Assuming that her intent was to simply provide a visual aide for her presentation and the gun is
not in working condition, I would utilize my school’s Restorative Justice Plan for Possession of a
Weapon (Non NRS) 1st Offense. Becky would be reintegrated through accountability. She would
receive a Required Parent Conference where we discuss the situation and ways to make better
choices in the future. Becky would be suspended for three days to give everyone a chance to
calm down. Becky would receive a change of placement so that it will limit further complaints
about the situation.

I would interview Ms. Idleman to get her perspective on the situation. I would remind her
that she helped write the zero-tolerance policy, and I would ask her why she did not report the
incident. I would let her know that I will be placing her on administrative leave while I
communicate with the District Office to determine if she will need to be reported to the State
Board of Education for unprofessional conduct. The District Office and possibly the State Board
of Education will determine if she receives further consequences.

8. Action steps (2-5) for implementing your solution, including a timeline for each step:
1) Interview Becky, Becky’s dad, complaining parent’s child, and a couple of other
students in the class – day incident is reported by upset parent
a. Time: 30 minutes to 1 hour per interview
b. Setup Required Parent Conference with Becky and her father; Becky is put on
Suspension awaiting the RPC. RPC should be set up for the day after the
incident is reported or as soon as possible.
2) Have Required Parent Conference with Becky and her father.
a. Time: 1 hour
b. Explain the school’s Restorative Justice Plan for Possession of a Weapon
(Non NRS) 1st Offense. Becky would be reintegrated through accountability.
Becky would be suspended for three days to give everyone a chance to calm
down. The days that Becky is out of school on Suspension awaiting the RPC
would count as part of her three-day suspension. Becky would receive a
change of placement so that it will limit further complaints about the situation.
3) Interview Ms. Idleman – day incident is reported by upset parent
a. Time: 1 hour
b. I would remind her that she helped write the zero-tolerance policy that she
helped to create.

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 c. I would place her on administrative leave while I communicate with the
District Office to determine if she will need to be reported to the State Board
of Education for unprofessional conduct.
4) Report Ms. Idleman’s unprofessional actions to the District Office – immediately
after the interview with Ms. Idleman
a. Time: 1 hour
5) District Office Determines if Ms. Idleman needs to be reported to the State Board of
Education and receive further consequences – day after I report Ms. Idleman to the
District Office.
a. Time: 1-3 days to determine Ms. Idleman’s consequences

9. Potential moral and legal consequences of the solutions:

 One moral consequence is that Becky now has a spot on her record when she was
previously an exemplary student.
 Another consequence could arise if another student brings a weapon to school leading
to expulsion, then that student’s parent complains citing Becky’s situation as a reason
that their child should not be expelled regardless of their child’s individual situation
or intent.
 Not expelling Becky could be a violation of the Gun Free School Act of 1994
depending on legal precedents in my state.

Part 2: Rationale

Support the case analysis with a 500-750 word rationale explaining the decisions you made and
how those decisions:

 Support the school’s vision and mission and safeguard the values of democracy, equity,
and diversity.

 Promote social justice and ensure that individual student needs inform all aspects of
schooling

 Promote collaboration, trust, learning, and high expectations.

Cite the case and any other source documents as appropriate.

Initially, I would interview Becky, Becky’s father, Ms. Idleman, the student whose parent

complained, and a few other students in the class to get an idea of what truly occurred during this

situation. Becky would explain why she brought the weapon as part of her historical

presentation. Becky’s father would explain that he “believed the pistol was from the 19th century

and was brought over from England at the turn of the century” (Hanson et al., 2009, pp.14). Our

discussion would allow me to determine Becky’s intentions. Based on these interviews the
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solution that I would apply to Case 14 Tolerance Test for Rancho is to give Becky a Required

Parent Conference with a three-day suspension and a change of placement upon returning to

school. I would place Ms. Idleman on administrative leave pending a thorough district

investigation.

Becky’s consequences are based on the Gun Free School Act of 1994. This act “mandates

expulsion of students who bring a weapon to school. This federal statute affects each state that

receives federal funds and requires local educational agencies to expel from school for a period

of not less than one year any student who is found to have brought a weapon to school under the

jurisdiction of the local school district. However, the statute does provide the chief administrator

of the district the latitude to modify the expulsion requirement for students on a case-by-case

basis” (Essex, 2016, pp.242). Given that the act allows for case-by-case determinations, I am

within the law to elect not to expel Becky. In addition to using this act as a basis for determining

Becky’s consequences, I also utilized the CADENCE 21.22 PAN Parent Student Handbook and

the Restorative Justice Plan – Pinecrest Academy of Nevada to determine the proper

consequences for Becky. According to CADENCE 21.22 PAN Parent Student Handbook, “On

the first occurrence, the student is found in possession of a dangerous weapon while on the

premises of any public school, at any activity sponsored by a public school, or on any school

bus” (2021) the student must incur a state-mandated suspension. In addition, the Restorative

Justice Plan – Pinecrest Academy of Nevada states that the first offense would require me to

apply the “Restorative Interventions Category: Reintegration by Accountability” (2021). This

includes a Required Parent Conference, possible suspension, and possible change of placement.

Ms. Idleman’s consequences are based on Nevada Revised Statutes (NRS) 391.330 “Grounds

for suspension or revocation of license or letter of reprimand; process for issuance of letter of

reprimand; reinstatement of suspended license” (2022). According to NRS 391.330, teachers can

be suspended and potentially lose their license if they engage in unprofessional conduct. Ms.
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Idleman acted unprofessionally by not immediately notifying the administration about the

student bringing a gun to class. Placing Ms. Idleman on administrative leave while the District

Office and possibly the State Board of Education further investigate her culpability in this

situation adheres to the requirements of the NRS.

The solution that I chose supports the school mission and vision. The mission states,

“Pinecrest Academy of Nevada unites the community to prepare students for college and career”

(2016). By allowing Becky to have a change of placement after suspension, she is being given

the opportunity to continue her education and preparation for college and career. She can learn a

lesson by using Restorative Justice Interventions. This solution also meets the school vision that

“Scholars perform at the highest level on all academic measures” (2016) because it allows

Becky, an exemplary student, to continue performing at the highest level after she is reintegrated

into a new classroom environment.

My solution promotes collaboration, trust, learning, and high expectations for several

reasons. I collaborated with the involved parties letting them share their side of the situation. I

utilized written school and legal policies to ensure trust. I allowed Becky to learn from her

mistake by using the Restorative Justice Plan, and I maintained high expectations by giving

Becky a suspension and change of placement. In addition, I promoted social justice and ensured

that individual student needs were met by moving Becky out of the original class which would

lower the anxiety students might face if she returned to their class.

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References:

CADENCE 21.22 PAN Parent Student Handbook. (2021). Retrieved July 20, 2022, from

https://www.pinecrestcadence.org/ourpages/auto/2015/12/1/56666573/CADENCE

%2021.22%20PAN%20Parent%20Student%20Handbook...pdf

Essex, N. L. (2016). Religion and the Public Schools. In School Law and the Public Schools: A

Practical Guide for Educational Leaders (pp. 242-246). essay, Pearson.

Hanson, K. L., & Hanson, K. L. (2009). Case 14 Tolerance Test for Rancho. In A Casebook for

School Leaders: Linking the ISLLC Standards to Effective Practice (pp. 12–15). essay,

Pearson/Merrill/Prentice Hall.

Mission statement. Pinecrest Academy Cadence. (2016). Retrieved July 20, 2022, from

https://www.pinecrestcadence.org/apps/pages/index.jsp?uREC_ID=287361&type=d

Nevada Revised Statutes. NRS: Chapter 391 - Personnel. (n.d.). Retrieved July 20, 2022, from

https://www.leg.state.nv.us/nrs/nrs-391.html

Our Vision. Pinecrest Academy Cadence. (2016). Retrieved July 20, 2022, from

https://www.pinecrestcadence.org/apps/pages/index.jsp?uREC_ID=294580&type=d

Restorative Justice Plan- Pinecrest Academy of Nevada (Final). (2021). Retrieved July 20, 2022,
from https://www.pinecrestcadence.org/ourpages/auto/2015/12/1/56666573/Restorative
%20Justice%20Plan-%20Pinecrest%20Academy%20of%20Nevada%20%28Final%29.pdf

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