-Caveat Lector-

http://www.nytimes.com/2001/05/17/nyregion/17THRE.html

May 17, 2001

Crackdown on Threats in Schools Fails a Test

By KATE ZERNIKE

      MANALAPAN, N.J., May 15 — Just weeks after the school shootings in March in 
Santee, Calif.,
      the county prosecutor here met with local school superintendents and emphasized 
the need for
zero tolerance. There is no gray area, he told them. Any student who makes a threat, 
even in jest, must
be disciplined.

The schools obeyed, fast and furiously.

A 10-year-old girl who whimpered, "I could kill her!" after she wet her pants because 
a teacher had
refused to let her go to the bathroom was suspended for three days. A 10-year- old who 
muttered, "I
oughtta murder his face!" when someone left his desk in disarray got the same 
punishment.

The suspensions — at least 50 in the last six weeks, compared with almost none last 
year — were meted
out mostly to children in kindergarten to third grade, in many cases for repeating 
expressions they had
heard their parents use at home.

All those suspended, including kindergartners, now have police files in their names.

Parents reacted to the suspensions with outrage, hiring lawyers to defend their 
children. Confronted by
the anger, the Manalapan-Englishtown school board said tonight that it would stop the 
automatic
suspensions and return decisions about discipline to teachers and principals. Board 
members said they
would vote next week to review the police file for every suspended child and expunge 
any records if the
punishment seemed unfair. A policy that looked good on paper, they said, had not 
worked well in
practice.

"I don't think anybody envisioned this — the prosecutor's office, the superintendent, 
the principals," said
James Mumolie, the school board president.

What happened in this solidly middle-class town shows some of the pitfalls of a 
post-Columbine era,
when no officials want to be caught without the strictest of policies should a 
shooting occur at their
school, and when parents, including many in Manalapan, demand toughness.

Now the same parents complain that schools are going so far as to trample on civil 
rights. "They're
suspending babies, babies, for saying things they hear everywhere they go," said Wanda 
Minken, a parent
of three elementary school students in Manalapan who said her children have not been 
suspended, "yet."

"It's McCarthyism, that's what this is," Mrs. Minken said. "These are kids who've 
never even had lunch
detention."

About 90 percent of school systems nationwide have what they call zero- tolerance 
policies for violence
or threats, according to the United States Department of Education. Few have enforced 
them as strictly
as Manalapan, but more and more are learning the lesson that Manalapan has.

In February, the American Bar Association passed a resolution opposing zero-tolerance 
policies, saying
they have "redefined students as criminals." Among the harsher cases, they cited a 
Louisiana boy who
was suspended for two days after warning his peers in the lunch line not to eat all 
the potatoes or "I'm
gonna get you!" The school board in West Windsor, N.J., let up on its zero- tolerance 
policy last fall after
a furor over the suspension of a 9-year-old boy who had threatened to shoot a wad of 
paper with a
rubber band.

Similarly, the federal Department of Education's Office of Safe and Drug-Free Schools 
warns against the
policies and is planning to release a new handbook, written with the Secret Service, 
on how to evaluate
threats better.

Those urging less strictness point out that school violence is down by 30 percent in 
the last decade, that
students are still more likely to be hit by lightning than to be killed in school. 
Studies have shown that
zero-tolerance policies suspend disproportionate numbers of black students.

Zero tolerance was originally applied to gun possession when President Bill Clinton 
signed the Gun Free
Schools Act in 1994. But many schools adopted the same stance toward threats, 
especially after a
student fatally shot 2 other students and injured 13 at Santana High School in Santee 
in March, an
incident that sparked a spate of copycat shootings and threats nationwide.

Manalapan, a suburb of tidy subdivisions and large lawns an hour's drive south of New 
York City, is the
kind of town, parents say, where sport utility vehicles and minivans clog the streets 
on parent-teacher
conference nights. Last year, parents at the elementary schools pressed the school 
board to make sure no
intruders entered the buildings, which prompted the schools to require that visitors 
be buzzed in.

So the letter that went home in April did not surprise them.

"The decision on whether or not to report a threat does not belong to the school 
official," said the letter,
which was signed by the superintendents of the seven elementary school districts that 
feed into the
Freehold Regional High School District as well the Freehold superintendent. "He/ she 
must report all
threats to the police, who, in turn, must notify the prosecutor's office," the note 
said. "Consequences may
result in fines, jail time, or other penalties."

No incidents of violence were reported last year, said Robert Weiner, the assistant 
superintendent, nor
could anyone remember any. "In our world today, that's really quite amazing," he said. 
"It's a pretty
harmless type of place. But then you look at a place like Columbine — who would expect 
this to happen
there? A Columbine isn't that dissimilar to a Manalapan. The parents react to that, 
the schools react to
the parents."

Michael Seminerio was among those parents who initially supported the policy. Last 
year, he and his wife
went to the police after the school, they said, refused to discipline a boy who had 
threatened their son,
then 8.

His support turned to outrage when his son was suspended this month and a letter was 
put in a police file
after the boy, now 9, joked with other boys about selling tickets to kill a girl. It 
was, his father admitted, "a
bonehead move," but not reason for a police record.

"Zero tolerance has a purpose, a legitimate purpose, but they're abusing it right 
now," he said. "They're
handing it out like candy. I understand where they're coming from, I understand the 
kids need to be
taught a lesson, but there's got to be a better way."

Last week, the girl whom his son threatened was suspended herself for threatening to 
blow up someone's
house. And in the uproar, fifth graders have told one another that the police will 
invade and search their
homes if they make threats.

Discipline became so erratic that a 12-year-old shoved during a touch football game 
was suspended for
blurting out, "I'll kill you!" but the classmate who shoved him was not.

The parents objected to police questioning of their children without them or a lawyer 
present. And they
said the suspensions sent the wrong message.

Lisa Dimino, whose 12-year-old son was the student shoved in the touch football game, 
said her son
asked her whether he would have been suspended if he had simply shoved back.

"I don't want my child touching another child," she told the school board. "I'm 
embarrassed to say I live in
Manalapan. I'm embarrassed about what we are teaching these children."

Her husband, Larry, added, "It can create more anger and hostility if the children 
have the feeling that
they have been wrongly accused."

William Modzeleski, director of the federal Office of Safe and Drug- Free Schools, 
agreed, saying that
any policies must be within a context of teaching about violence prevention.

"Zero-tolerance policies in and of themselves aren't inherently bad," he said. "But 
they have to be
balanced with common sense."

In Manalapan, the school board members say they are trying to do just that. But common 
sense is not
entirely comforting, not in a world where a first grader kills a classmate.

"No one has found the happy medium," said Mr. Mumolie, the board president. "I think 
what's happening
right now is that society is looking at what's happened to all these kids across the 
country and saying,
`What went wrong?' And we're deciding that maybe we can't trust anybody. Isn't that a 
terrible thing to
say?"

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