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Language, Enforcement, and Consequences: An Analysis of California’s Zero Tolerance Policy and the 1994 Gun Free Schools Act

Manay, Renzo Fidel
http://rave.ohiolink.edu/etdc/view?acc_num=osu1259745636

Abstract Details

2009, Master of Arts, Ohio State University, ED Policy and Leadership.
Amidst the growing number of school shootings taking place around the United States, the Clinton Administration called for the passage of the Gun Free Schools Act of 1994. The Act mandated that all states receiving federal funding enact policies that would expel students who were found in possession of a firearm on school grounds for a minimum of one-year. However, this federal statute did not prohibit states from enacting policies that barred more than just possession of firearms. California, for example, amended Section 48915(c) to the California Education Code, which indicated that an administrator had the authority to recommend expulsion of any student in possession of a firearm, knife, or explosive, or who sexually assaulted or battered another, or who engaged in the sale of illegal substances. Moreover, Section 48915(c) expanded other sections of the California Education, giving administrators greater discretion to recommend expulsion for minor offenses that normally warrant suspension. In addition, California courts emphasized that school districts have great deference in implementing their own regulations to satisfy California statutory law as long as those regulations are consistent with the state legislature’s intent. This indicates that school administrators have broad discretion in implementing state law with minimal limitations. The purpose of this thesis is three-fold. First analyzes some of the ambiguities in the 1994 Gun Free Schools Act and California’s zero tolerance policy under Section 48915(c) of the California Education Code. Second, it examines some of the implications associated with the enforcement of the language in these laws. Third, it observes some of the consequences that result from the implementation and enforcement of these laws. Ultimately, this analysis encourages school administrators to understand the laws and learn to adequately apply them without relinquishing their ethical responsibility to education and the well-being of students.
Philip T.K. Daniel, EdD/JD (Advisor)
Scott Sweetland, MBA/PhD (Committee Member)
109 p.
Education
zero tolerance; schools; gun free schools act; firearms; california zero tolerance policy

Recommended Citations

Citations

  • Manay, R. F. (2009). Language, Enforcement, and Consequences: An Analysis of California’s Zero Tolerance Policy and the 1994 Gun Free Schools Act [Master's thesis, Ohio State University]. OhioLINK Electronic Theses and Dissertations Center. http://rave.ohiolink.edu/etdc/view?acc_num=osu1259745636

    APA Style (7th edition)

  • Manay, Renzo. Language, Enforcement, and Consequences: An Analysis of California’s Zero Tolerance Policy and the 1994 Gun Free Schools Act. 2009. Ohio State University, Master's thesis. OhioLINK Electronic Theses and Dissertations Center, http://rave.ohiolink.edu/etdc/view?acc_num=osu1259745636.

    MLA Style (8th edition)

  • Manay, Renzo. "Language, Enforcement, and Consequences: An Analysis of California’s Zero Tolerance Policy and the 1994 Gun Free Schools Act." Master's thesis, Ohio State University, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=osu1259745636

    Chicago Manual of Style (17th edition)

osu1259745636
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© 2009, all rights reserved.
This open access ETD is published by The Ohio State University and OhioLINK.