Texas School Overreaction
I've written about this sort of thing before:
These so-called zero-tolerance policies are actually zero-discretion policies. They're policies that must be followed, no situational discretion allowed. We encounter them whenever we go through airport security: no liquids, gels or aerosols. Some workplaces have them for sexual harassment incidents; in some sports a banned substance found in a urine sample means suspension, even if it's for a real medical condition. Judges have zero discretion when faced with mandatory sentencing laws: three strikes for drug offenses and you go to jail, mandatory sentencing for statutory rape (underage sex), etc. A national restaurant chain won't serve hamburgers rare, even if you offer to sign a waiver. Whenever you hear "that's the rule, and I can't do anything about it" -- and they're not lying to get rid of you -- you're butting against a zero discretion policy.
These policies enrage us because they are blind to circumstance. Editorial after editorial denounced the suspensions of elementary school children for offenses that anyone with any common sense would agree were accidental and harmless. The Internet is filled with essays demonstrating how the TSA's rules are nonsensical and sometimes don't even improve security. I've written some of them. What we want is for those involved in the situations to have discretion.
However, problems with discretion were the reason behind these mandatory policies in the first place. Discretion is often applied inconsistently. One school principal might deal with knives in the classroom one way, and another principal another way. Your drug sentence could depend considerably on how sympathetic your judge is, or on whether she's having a bad day.
My guess is that the school administration ended up trapped by its own policies, probably even believing that they were correctly being applied. You can hear that in this hearsay quote reported by the boy's father:
Steward said the principal said threats to another child's safety would not be tolerated - whether magical or not.
Posted on February 2, 2015 at 12:37 PM • 41 Comments