ZERO TOLERANCE FOR ALCOHOL, DRUGS UNDER SCRUTINY

Merrillville Expulsion Case Personifies Problem Schools Face.

Karen Haupert of Cedar Lake had a sickening sense of deja vu as she read
the story of a young woman who faces expulsion from Merrillville High
School for alleged possession of alcohol on school property.

While controversy flared all week around the case of honor student
Chauntese Williams, Haupert felt the sting from last year's decision by the
Lowell-based Tri-Creek Schools to expel her son Craig for drinking at a
football game. Haupert, her family and many friends felt the penalty was
far too severe for the incident, which she said was an aberration for her son.

"As far as I'm concerned, zero tolerance stands for zero brains," she said.
"The school didn't have the guts to help this kid. I'm glad that his
college decided to give him a chance this year."

Had her son attended another school district, it's quite possible that the
result would have been different. When it comes to making tough decisions
about how schools handle discipline matters stemming from alcohol or drug
violations, school districts are largely on their own.

Most, though, have at least wrestled with the idea of zero tolerance, which
the U.S. Department of Education has defined as a policy that mandates
"predetermined consequences or punishments for specific offenses."

"School districts have 100 percent local discretion on how students are
disciplined in these cases," said Gayland Nettles, state attendance officer
for the Indiana Department of Education.

In Illinois, State Board of Education spokesman Tom Hernandez emphasized
that "state law never uses the term 'zero tolerance.' But first and
foremost, discipline is a matter of local control."

Merrillville Furor

The Merrillville case shows once again that parents, schools and other
organizations are often on different pages when it comes to resolving a
drug or alcohol-related violation by a student.

For Sharon Williams, the mother of Chauntese Williams, zero tolerance
approaches "are not fair because they don't consider everything. They just
say, 'If you are doing this, you are out.'"

She emphasized that her daughter is an honor roll student and member of her
school's concert choir.

Chauntese Williams said a former student asked her to carry a bottled
beverage, which she thought was apple juice. A teacher confiscated the
bottle, which was determined to contain a mixture of water and wine. A
breath test showed Williams had not been drinking.

Tony Lux, superintendent of Merrillville Schools, would not comment on the
specifics of the case.

But he stressed that schools need to be evenhanded. Expulsion is his
district's punishment for first-time offenses involving alcohol or drugs.

Lux said that schools "would face very tough accusations of discrimination"
if they decided these kinds of cases based on a student's academic record
or other considerations.

"Those very people who say we should make more subjective judgments may be
the same ones who criticize that a few years down the road," he said.

Lux said historically there's a pendulum on discipline issues, and today's
policies are a result of parents calling for tougher rules than existed
previously.

Valerie Johnson, national education spokeswoman for Operation PUSH,
emphasized the organization was not taking a position on school policy
regarding alcohol or drugs, but on due process in the case.

"As a result of a quick rush to judgment, a lot of really good kids can
lose their opportunity to be in school. Extenuating circumstances always
play a role, even in the criminal justice system."

Johnson did not specifically link the Merrillville case with the Decatur,
Ill., controversy last fall that led to the expulsion of six students.

However, she said, "There are without a doubt racial disparities on school
discipline issues."

Johnson pointed to Operation PUSH research and studies conducted by Indiana
University professor Russell Skiba that demonstrate these disparities.

African-American students constitute 17 percent of the national school-age
population, but represented 32 percent of the total suspensions in 1997,
according to a U.S. Department of Education study cited by Operation PUSH.

Punishment Vs. Treatment

When there's a violation, schools typically suspend students and then hold
expulsion hearings.

One recurring theme is how to balance the punishment and treatment of
students who violate alcohol and drug policies.

In Porter County, educator Jerry Kirby said she has seen a range of
approaches while working with students at Portage and Valparaiso High Schools.

At Valparaiso High School, where she now works as student assistance
coordinator, Kirby said the district comes up with a contract for students
who have had a violation that includes a provision for random drug screenings.

"In Valparaiso, we changed the policy in 1988. We decided that we wouldn't
expel kids if it was the first time they were involved, unless they were
selling. The student has to agree to go through alcohol and drug abuse
assessment at school or through a private entity."

"In Portage, if you were caught in possession or under the influence, you
were expelled for a semester or year," Kirby said. "I thought that was an
excellent policy."

Kirby said she doesn't believe one school's system would fit all schools.

"Schools have to be reflective of what their community wants," she said.
"Just because something works in Valparaiso doesn't mean it's best for
Portage or Chesterton."

In the Lowell-based Tri-Creek Schools, Superintendent Don Yeoman criticized
one policy he helped create that led to the suspension, but not expulsion,
of offending students. The policy emphasized counseling for students.

"When I got here, we saw that the number of students in trouble went up,
and counseling in the school didn't work," he said. "We say it's the
parent's responsibility. There is nothing provided financially by the state
that would allow us to hire drug counselors."

Some students who are expelled, he said, are assigned to the district's
alternative school, a fate that awaits some who have been expelled from
Merrillville High School, as well.

Yeoman, who is president of the board of directors for the Partnership for
a Drug-Free Lake County, said he believes educating young children on these
issues can pay big dividends later on.

Gary Jones, assistant superintendent of Hammond Schools, said "expulsion is
our policy" for these violations.

Jones added that in some cases, a hearing examiner will give a student 30
days to enter a treatment program at their own expense, though that doesn't
ensure the reversal of an expulsion.

"A lot would depend on the attitude of the youngster, parent and guardian.
If there is evidence of willingness to overcome this mistake and undergo
counseling, then possibly the hearing examiner can say, 'Here is what we
will do.'"

Though students can be represented by counsel at school hearings, typical
expulsion hearings are conducted by schools, not courts.

Jim Krygier, principal at Bloom Trail High School in Chicago Heights, said
there is "a strong consideration for expulsion if a student is involved
with alcohol or drugs. But the length of the expulsion often depends on the
severity of what happened.

"We look at each case individually," he added.

Krygier said, "Students know exactly what the rules and consequences are.
Policies have been pretty effective."

Meanwhile, Rocky Schiralli, director of the adolescent chemical dependency
program at Porter-Starke Services in Valparaiso, said there must be room
for treatment.

"It's a double-edged sword. Of course you do not want kids using drugs or
drinking in school. But it's overly simplistic to kick them out. Then what
do they do? They're just being unproductive."

Talking about student conduct is still taboo for many schools and parents.
Schools say they are obliged to maintain confidentiality and withhold
information about specific students. Some families who have been through a
discipline case don't want to talk about it, sometimes citing their need
for privacy or voicing fears that exposure could create prejudice if the
case hasn't been resolved.

Craig Haupert, who graduated from Lowell High School this year and is now a
student at Wabash College in Crawfordsville, declined to speak for this
story. His mother, though, said she's heard enough to believe that
solutions can be more flexible.

"I heard someone say, 'If God had a zero tolerance policy, no one would be
here,'" she said. "Who on this earth has never made a mistake?"