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ABA Zero Tolerance Policy

103B

AMERICAN BAR ASSOCIATION
CRIMINAL JUSTICE SECTION
SECTION OF FAMILY LAW
STEERING COMMITTEE ON THE UNMET LEGAL NEEDS OF CHILDREN
COMMISSION ON MENTAL AND PHYSICAL DISABILITY
YOUNG LAWYERS DIVISION

REPORT TO
HOUSE OF DELEGATES

RECOMMENDATION

    RESOLVED, that the American Bar Association supports the following principles concerning school discipline:

      1) schools should have strong policies against gun possession and be safe places for students to learn and develop;

      2) 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; and

      3) alternatives to expulsion or referral for prosecution should be developed that will improve student behavior and school climate without making schools dangerous; and

    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.

Read the Zero Tolerance Report