Zero Tolerance Policies vs. Due Process: Where Do Schools Go Too Far?
When schools adopt zero-tolerance policies, they often do so in the name of order and safety. However, these policies can leave students without proper recourse and strip them of their rights.
At Advocates for the Voiceless, we’ve spent years supporting students who’ve found themselves caught in disciplinary systems that prioritize punishment over fairness. We’ve seen firsthand how zero tolerance approaches can collide with constitutional protections—particularly the right to due process.
Understanding this tension is key for any parent or guardian advocating for their child. Here, we’ll explore how Maryland law views student discipline, how due process applies, and why student defense matters now more than ever.
Zero Tolerance in Maryland Schools
Zero tolerance policies are strict, mandatory responses to particular types of student conduct—such as bringing a weapon to school or committing acts of violence.
These rules were originally intended to deter serious infractions and promote a safe learning environment. Unfortunately, in Maryland and across the country, we’ve seen these policies applied far beyond their intended scope.
Students are suspended for minor incidents, such as carrying over-the-counter medications or engaging in verbal arguments. When punishment is automatic, schools often bypass context, intent, and individual circumstances.
These blanket disciplinary actions can disproportionately affect minority students, students with disabilities, and those from underserved communities. Zero tolerance frequently disregards what’s best for the individual student and often excludes educational professionals from making reasoned, case-specific decisions.
How Due Process Applies in School Discipline
Due process, assured by the Fourteenth Amendment and supported by Maryland law, means that a student must be treated fairly before being disciplined in a way that impacts their education.
At its most basic level, due process includes the right to notice and the opportunity to be heard. In Maryland, when a student faces suspension of more than ten days, expulsion, or disciplinary reassignment, school districts are required to provide a formal hearing.
The student and their parents must receive notice of the allegations, have access to evidence, and be given the chance to respond. Student defense should start the moment disciplinary procedures are initiated—not after a decision has already been made.
The problem time and again is that zero tolerance short-circuits this process. It assumes guilt based on behavior categories and often proceeds directly to punishment, regardless of mitigating factors. When schools treat hearings as mere formalities or deny students meaningful input, the very foundation of due process is at risk.
When Zero Tolerance Goes Too Far
Zero tolerance turns ordinary disciplinary matters into high-stakes decisions. It removes discretion from principals, teachers, and counselors—the very people who know students best. When schools treat a playground scuffle the same way they treat a violent assault, there’s a serious problem.
The rigidity of zero tolerance policies ignores developmental differences in children and often fails to consider a student’s history, disability, or emotional state. What begins as a disciplinary measure can quickly become a permanent mark on a student's record, affecting college admissions and even future employment.
That’s where student defense becomes essential. Students need advocates who will fight for their rights and their dignity in these punitive systems.
The Legal System in Maryland
Maryland law recognizes a student’s right to education under the state constitution. Local boards of education have the authority to adopt discipline policies, but they must comply with state guidelines and constitutional protections.
Maryland’s Code of Administrative Regulations (COMAR) outlines detailed rules for suspension and expulsion, including procedural safeguards.
For instance, Maryland requires that a student facing long-term suspension or expulsion receive a conference with school officials, a written notice of charges, and a hearing before the board. Additionally, students with disabilities are entitled to extra protections under federal law, particularly the Individuals with Disabilities Education Act (IDEA).
If a student’s behavior is linked to a disability, schools must conduct a manifestation determination before proceeding with discipline.
Yet, even with these safeguards in place, we’ve seen too many cases where schools move forward with severe punishment without following proper procedure. That’s why it’s important for families to take student defense seriously from the outset.
Warning Signs That a School Is Ignoring Due Process
There are key red flags when a school oversteps its authority under zero tolerance:
The student is suspended without a formal written notice
The school refuses to provide records or evidence related to the incident
A hearing is scheduled, but the student is not allowed to bring a representative
Disciplinary decisions are made before the student has a chance to explain
The school fails to follow proper protocols for students with IEPs or 504 plans
Parents are discouraged from asking questions or challenging the process
Each of these signs suggests that the school is prioritizing swift punishment over fairness. When these things happen, student defense isn't just helpful—it’s necessary.
The Human Cost of Rigid Discipline
Zero tolerance doesn’t just affect academic records; it affects lives. Students who are removed from school often face emotional distress, anxiety, and disengagement from learning. Others are forced into alternative education programs with fewer resources and less support.
Maryland has worked to reduce the school-to-prison pipeline, but zero tolerance remains a driving force behind that pipeline. When students—especially students of color or those with disabilities—are criminalized for school-based behavior, it increases the likelihood they’ll enter the juvenile justice system.
Due process isn’t just a legal requirement—it’s a safeguard against these life-altering outcomes. Schools that deny students a fair hearing may be in violation of state and federal law, and they should be held accountable.
What Parents Can Do
Student defense starts with knowing your rights. Parents are not powerless, and students deserve representation.
If your child has been disciplined under a zero tolerance policy, start by requesting all documentation, including incident reports, witness statements, and any correspondence from the school. Make sure your child understands their right to remain silent and not to self-incriminate during interviews.
Request a copy of the school’s code of conduct and disciplinary policy. If your child has a disability, verify that a manifestation determination review has been conducted. And most importantly, don’t go through this process alone. Proactive student defense can make the difference between a short-term issue and long-term consequences.
Call Us Today
As advocates for student rights, we believe in holding institutions accountable. Student defense isn’t about shielding kids from consequences—it’s about protecting their right to be treated fairly. When schools misuse their authority, they turn educational spaces into punishment zones.
We fight so that students in Maryland receive real due process and meaningful advocacy. We push back against policies that try to treat every infraction the same. Justice requires context.
Punishment without understanding is not justice—it’s control. And when that control is applied disproportionately to vulnerable students, we all suffer as a community.
At Advocates for the Voiceless, we are committed to standing up for students who are pushed aside by zero tolerance. We believe due process shouldn’t be optional, and every student deserves a chance to be heard.
If your child is facing unfair school discipline, we are here to provide guidance, fight for their rights, and make sure they are treated with the dignity they deserve. Student defense isn’t just legal work—it’s personal. We’re proud to serve Riverdale Park, Maryland, and the surrounding areas. Call today.
