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Lesson Plans
Case of the Month: Zero Tolerance Policies in the Wake of Columbine
"What rights do students have to be treated fairly by teachers and school administrators?
Purpose
The purpose of this lesson plan is to identify relevant portions of the Fourteenth Amendment to the U.S. Constitution and to understand how its provisions guarantee the right to due process of law.
Grade
9-12
Objective
Students have the right to be treated fairly by teachers, school administrators and police. Generally, they have a right to a hearing in cases when they are suspended for 10 or more days and they have a right to have adequate notice of the type of school conduct that is prohibited so that they're not subjected to "irrational punishment." It is imperative that students know their rights so that they can protect themselves from unfair applications of the law. In this lesson students should be able to (a) identify relevant portions of the U.S. Constitution that guarantee the right to due process and (b) educate themselves about their student handbooks to better understand what their rights and responsibilities are while in school.
Materials:
1. Text of the Due Process Clause of the 14th Amendment: It provides that: "[no state] shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
2. School House Hype: Two Years Later -- Justice Policy Institute
3. Opportunities Suspended: Devastating Consequences of Zero Tolerance and School Discipline Policies - Civil Rights Project Harvard University
4. Powers and Duties of Florida School Boards - Florida Statute 230.23, (Chapter 230, Section 23); Title XVI - Education
5. Your Sybil Liberties
Activity:
If your school has a Zero Tolerance Policy, the teacher should lead a classroom discussion to encourage students to share their experiences in dealing with the inflexible discipline policies. Topics of discussion should include free speech issues (as mentioned in the Overview) in an attempt to educate students about how Zero Tolerance policies can be misapplied. Discuss the difference between on-campus and off-campus speech, perhaps using some examples like student publications, websites and popular T-shirts. (The ACLU National Website has a wonderful resource on Student Rights). This discussion should be structured so that students feel comfortable sharing their concerns about school rules. Possible topics:
- Help students to develop positive, rather than punitive solutions to conflicts, and alternatives to suspension or expulsion. Set out through discussion what the goals of disciplinary action should be. Discuss the most frequently used punishments and the effects of these punishments on the students' psyche. How do these punishments affect students? Are these punishments and policies effective in finding solutions to misbehavior problems? Encourage students to suggest alternative punishments and have them describe why their ideas might be more or less successful.
- Create a student advisory panel to assist administrators in deciding adequate punishment for student offenses. Use a local university or college Honor Council as a model, perhaps having the faculty advisor or student leader speak in class. Have the class draft a proposal to be submitted to the Student Council and/or principal outlining the need for and make-up of a student advisory panel.
- Create a forum through which students can create an open dialogue about clothing trends and symbols that teachers and administrators may not be familiar with. Have an assembly or presentation in which students representing different trends and or ideologies discuss their beliefs and debunk common myths about student expression.
