Logo
  • Home
  • Ask
  • Teen Help Network
  • About
    • About Judge Tom
    • Books
    • FAQs
    • Press Room
  • Your Rights
    • Crime and Punishment
    • Student Rights at School
    • You and Your Body
    • You and the Internet
    • Juvenile Justice System
    • LGBT Youth Rights
    • More Categories
  • Blog
  • Get Help
    • Videos
    • A Teenager’s Guide to Juvenile Court
    • Books
    • Research & Resources
  • Newsletter Signup

 

Q&A

Know your rights! Youth justice and juvenile law answers.

Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations.

Copyright, 2014
Logo
June 29, 2010
Judge Tom
Talk Back
1

Zero-tolerance includes toy Army figures

PreviousNext

The second grade class at Tiogue School in Rhode Island was going to meet with their pen pals from another school.  Their teacher told the kids to create a hat to wear for the occasion.

Eight-year-old David Morales decorated a camouflage hat with an American flag and small plastic Army figures.  He wanted to honor members of the military.  In June, 2010, he was told he couldn’t wear the hat because the plastic soldiers were carrying weapons.  The miniature guns violated the school’s zero-tolerance weapons policy.  David was told to replace them with ones that didn’t carry any weapons.  He only had one figure without a gun, so instead he wore a plain baseball cap.

David and his banned hat

Once word got out about this incident, David became a household name in his town.  An official with the Rhode Island National Guard honored David with a medal for his patriotic efforts and gave him a certificate declaring him an honorary brigadier general.

Due to the prevalence of drugs, alcohol and weapons in the public school system, strict policies were passed many years ago.  They have resulted in a decrease in the number of incidents on campus.  Do you think what David did is an example of a zero-tolerance policy taken too far?  Do you think plastic figures was the intent of zero-tolerance policies when first instituted at public schools?  Could the school have handled this case differently without rendering the policy ineffective?  How?

Later:  The school superintendent said he would work on changing the rule because the no-weapons policy shouldn’t limit student expression.

In November, 2009, 7-year-old Samuel Burgos learned about zero-tolerance at his school in Florida. He forgot to remove a plastic toy gun from his backpack. While rummaging through the pack for a pencil, a classmate saw the gun and reported it. The gun discharges small plastic beads at a low velocity. Nevertheless, Samuel was expelled for one year.  In late October, 2010, he was allowed to return to school.

Share this
Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

Find great resources in our

Teen Help Network


Leave A Comment Cancel reply

1 Comment

  • C A Thibeault
    June 29, 2010 3:25 pm count( 0 )

    I believe schools need to revsist policy and understand that in our world it isn’t just bacl and white but shades of grey also. Every scenerio should be considered on a case-by-case basic, as our criminal justice system is.

    It also “taboos” our military and puts political agendas in our childs head, whether with or without the childs parents permission. Schools are to educate, not politicize.
    Thanks C.A. for your comments.