By Laurie Bergner
WJBC Forum
It’s a rare event when laws are passed to soften instead of increase punishments, but I am happy to report a new law that requires schools to limit long-term suspensions and expulsions, as well as eliminating the use of zero-tolerance policies used to severely punish students for certain offenses. Chicago Democrat Senator Kimberly Lightford, who sponsored the legislation, said “So it becomes a school system that says, ‘what can we do to keep this student in an academic setting?’” The law requires schools to look to other options, such as counseling or involving them in after-school programs, before suspensions longer than 3 days. In addition, for longer suspensions, schools will be required to give students support services while they’re away and allow them to make up work they missed.
Zero tolerance policies grew out of the Gun-Free School Act of 1994 that followed the horrendous Columbine shootings. This act required states receiving federal funds to mandate that local school districts expel students who bring a weapon to school for a minimum of one year. States rushed to pass laws to meet the requirements, which soon were followed by schools all over the country. Zero tolerance rules mandate predetermined punishments for weapons, drugs and alcohol without regard for when the behavior or possession was done in ignorance, by accident, or under extenuating circumstances. It does not take into account of the seriousness of the behavior or the student’s history. These policies have been implemented too broadly and too often for minor incidents, such as giving an advil to a friend, or having a small pocket knives.
Contrary to popular belief, research has found that zero tolerance policies are not effective and often have unintended negative consequences. A disproportionate number of the students who are suspended are black or Hispanic, as well as students with disabilities. African American students are 4 times as likely to be suspended than white students for the same violation; students with ADHD are 3 ½ to 7 times more likely to be expelled. And following suspensions, students experience depression, anxiety, suicidal thoughts, and academic failure. And school dropouts increase.
One of the school rules that I find most unfair is the one that suspends both students involved in a fight, regardless of who started it. Ask police how they deal with a bar fight: do they jail everyone? Of course not. They make every attempt to find out who started it and charge that individual, rather than the one who was defending himself or herself. So who should a school fight be any different? How is it justice to consider the defender to be as culpable as the offender? Yet that is exactly what schools have done in their zero tolerance rules.
So I welcome this new law. I am aware it is yet another unfunded mandate for schools, but nonetheless, it is an essential change from a punitive to a prevention and correction model, one that will have crucial positive effects.
Laurie Bergner is a clinical psychologist in private practice, working with individual adults, families and couples. She also works with the nonpartisan League of Women Voters, helping organize candidates forums, educational programs, and many issues in the field of law and justice. She has received many recognitions in both fields, including YWCA’s Women of Distinction in the Professions, Leaguer of the Year, LWV Special Project Awards, and the LWV of Illinois’s prestigious Carrie Chapman Catt award. Laurie has a wonderful husband and two grown children – also wonderful. She loves biking in the countryside, reading, and traveling.