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Judge: School Officials Abused Discretion in Zero Tolerance Case

It took a court case but sanity has won out for a student who suffered zero tolerance madness in the city of Greeley, Colorado.

In 2002, thirteen-year-old Mitch Muller, then a seventh-grader at North Valley Middle School, was expelled for possession of what the school called a “firearm facsimile.” The school officials imposed this penalty because of the state’s zero tolerance policy, which bars any firearm or “firearm facsimile that could reasonably be mistaken for an actual firearm” on school grounds.

However, Weld District Court Judge Julie Hoskins decided that officials at North Valley Middle School had abused their discretion by labeling the minuscule laser pointer as a firearm facsimile. The judge ruled that a 2 and 1/2-inch toy gun that can be hidden in the palm of one’s hand could not reasonably be mistaken for an actual gun.

Though the district seems intent on looking as moronic as possible.

Judge Hoskins has in fact ordered the school district to remove Mitch Muller’s expulsion from his records. However, according to the Greeley Tribune newspaper, Superintendent Jo Barbie says the district is talking with lawyers about the possibilities of an appeal, although no decision has been made as yet.

Even though they’ve been called on their idiocy and publicly reprimanded for it they are considering continuing the madness. Bureaucracies think themselves infallible. School districts know they are.