Don’t let anyone get away with telling you that Texas has a “zero tolerance” policy with regard to student discipline. We dropped zero tolerance some time ago.

Chapter 37 requires school administrators to consider certain factors before deciding on a disciplinary consequence. These are 1) self-defense; 2) intent, or lack of intent; 3) the student’s disciplinary history; and 4) a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct.

These factors are not considered in a “zero tolerance” system. In that system, administrators have no discretion and take no mitigating factors into account. That’s the essence of “zero tolerance” and that’s why it has led to so much criticism and ridicule. Fortunately, our legislature changed our laws to require the exercise of some discretion. And note: these factors must be considered “regardless of whether the decision concerns a mandatory or discretionary offense.” T.E.C. 37.001 (a)(4).

The truth is, “zero tolerance” was always more of a political slogan than a realistic school policy. That’s because “zero tolerance” was inconsistent with federal law from the outset. But we will save that topic for tomorrow.

DAWG BONE: WE DON’T DO “ZERO TOLERANCE” IN TEXAS.