8:15 a.m., July 24, 2009----A policy brief written by a former University of Delaware graduate research assistant at the Delaware Education Research and Development Center (DERDC) has become hot literature in the Delaware House of Representatives.

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Dariel Janerette, who is now nearing completion of her doctoral degree in urban affairs and public policy, wrote in a January 2009 policy brief, entitled Zero Tolerance Policies and School Discipline, that “research suggests the harmful effects of zero tolerance policies on students and their families may outweigh the benefits of deterring student misbehavior.”

Janerette, who also holds a juris doctor degree, said she was inspired to write this policy brief after volunteering to help a family who had a 10-year-old son who had been arrested and charged with felony and misdemeanor offenses for an incident that occurred in an elementary school classroom.

The child, she said, had been diagnosed and treated for Attention Deficit Hyperactivity Disorder, and the school official who contacted the police did not follow the Individualized Education Plan designed to address the child's behavioral issues. Adhering to their district's policies and procedures, school officials suspended the boy immediately and planned to schedule an expulsion hearing.

During a meeting with school officials, Janerette said she realized the officials had trouble interpreting the district policy and state law, and did not realize the ramifications of contacting the police.

“Even though they were willing to allow the student to come back to school and drop the expulsion proceedings, they did not realize that the school could not just pick up the telephone and drop the criminal charges against the boy,” she said. “By the time we had the meeting, the boy had been arraigned before a judge, a prosecutor was assigned to the case, and the boy was assigned a public defender.”

Janerette described the brief as a call for a common sense approach to school discipline, with the goal of sparking dialogue on the efficacy of zero tolerance policies among policymakers. She said zero tolerance policies are strict liability policies and a one-size-fits-all approach to school discipline.

“The policies intrude on the local administrators' authority to handle discipline on a case-by-case basis within their local context,” she said. “At the local level, teachers and administrators know the students and their unique circumstances; they can determine the best way to handle these matters. Local school officials are in the best position to balance the best interests of the students against the need to maintain school order and safety.”

Since the brief was written, State Rep. Michael A. Barbieri cited Janerette's policy brief when he sponsored House Resolution 22, which would create a Zero Tolerance Task Force to study and recommend changes to the state's school discipline policies. The resolution passed the chamber on May 14.

“It is our hope to make those proceedings and any sanctions imposed more uniform and consistent and, as a January University of Delaware education policy brief stated, more 'common sense,'” Barbieri wrote in a letter to the editor to the News Journal.

In addition, State Rep. Teresa Schooley introduced House Bill 120 in April to give school board members more discretion when implementing zero tolerance policies in schools. The bill has 23 additional sponsors and co-sponsors in the house and senate and was signed by Gov. Jack Markell on June 26.

Janerette was elated that the policy brief was cited in the legislature and added that Delaware is an ideal state to work on public policy issues.

“The two pieces of legislation Rep. Teresa Schooley and Rep. Michael Barbieri introduced to the General Assembly are further examples of their commitment to Delaware students and their families,” she said. “Delaware is a wonderful state to do policy work because the state is small, so there is not a lot of bureaucracy to try to navigate through to get things done. Also, Delaware policymakers have been willing to take risks and make changes in education when necessary.”

Article by Jon Bleiweis
Photo by Ambre Alexander