cannabisnews.com: Sunnyvale Student Fights His Involuntary Transfer 





Sunnyvale Student Fights His Involuntary Transfer 
Posted by FoM on January 19, 1999 at 07:09:50 PT

A Santa Clara County Superior Court judge is expected to decide today whether a 17-year-old student can return to the high school from which he was unwillingly transferred after allegations of drug dealing. 
Until his suspension in fall, Kevin D., as court records identify him, was a B student and an active athlete at Sunnyvale's Fremont Union High. But since December, he has been spending an extra 40 minutes in traffic each day to attend high school in San Jose, where his classes do not match his old ones and he has missed basketball tryouts. Worst of all, Kevin says, his school never gave him a disciplinary hearing after two school guards and another student accused him of selling pot on the Sunnyvale campus November 2. He had no explanation for being a half-hour late to class that day or the $99 in his pocket, but no drugs were found on him and he has maintained his innocence. Kevin's lawyers say his return is crucial for all students who deserve their due process when school officials accuse them of wrongdoing. Fremont Union High School District officials say his transfer from one comprehensive high school to another does not constitute punishment, so no hearing was necessary. Amanda Wilson, one of Kevin's lawyers from the San Jose-based nonprofit Public Interest Law Firm, said she is aware of at least one other unwanted transfer within the same school district. ``They didn't have enough evidence to expel (Kevin),'' Wilson said. ``So they're kicking kids out and transferring them to another school in lieu of (the disciplinary process).'' After his suspension, Kevin waited a month for an expulsion hearing. But when the student who said he had bought a bag of marijuana from Kevin decided he would not testify for ``fear of physical retaliation,'' according to court records, school officials told Kevin to show up at Lynbrook High December 4. ``I didn't want to have to change schools in the middle of the year,'' Kevin wrote in a signed declaration under penalty of perjury. ``I want to be able to graduate with my class.'' Kevin's mother now has to drive along busy El Camino Real from their Sunnyvale home to San Jose. If he were to take public transportation, Kevin would have to leave the house by 5:30 a.m. Attending the new school also has quashed Kevin's hopes of trying out for the already-in-season basketball team and getting credit for some classes until next semester. Stephen Leanos, the school district's lawyer, declined to comment yesterday about Kevin's case. But he said the district stands by its court filings, which say, ``. . . Transferring Kevin to the least restrictive environment possible in the circumstances, the district acted well within the bounds of the law.'' A hearing would be necessary if Kevin were expelled or sent to a continuation high school, both of which are considered punishments, school officials say. But in this case, Kevin is not being punished, school officials contend, even though they agree that the transfer is based on the drug accusation. Though clear on expulsions, the state Education Code is silent on intra-district transfers. Fremont Union High school district officials have interpreted this void to mean that they have a lot of leeway in shaping what they see as safe campuses. Taking students out of school at will is inherently unfair, Kevin's lawyers say; if students are being disciplined, they must be allowed to defend themselves properly. Kevin's lawyers, who also include attorneys from the Legal Advocates for Children & Youth, argue in court documents that Kevin's transfer is not only unfair but illogical. ``If Kevin's presence at Fremont constitutes a danger to other students at Fremont, then is he also a threat to the safety of Lynbrook students?'' they asked. School district officials have countered that Kevin is a cause for concern only at his old school. They say they hope to break Kevin's contacts at the Sunnyvale school, providing him a fresh start in San Jose. 
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Comment #4 posted by UaN on January 19, 1999 at 17:17:24 PT
Guilty without due process..and a snitch
I would say I am shocked, but unfortunatly, I am not....I can't understand how in the world they can do this without due process. This is simply illegal, but I guess only in the old America, not the New Amerika.They can't seem to stop ruining people's lives and I guess they are starting to do that at an earlier age now too!This is absurd!!!
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Comment #3 posted by FoM on January 19, 1999 at 14:43:45 PT
You're right!
It is true what you say. Everytime they try to control drugs by using more laws it just doesn't work anymore, if ever it did. I do not believe that anyone should ever use drugs but if they do jail isn't a way to prevent them from experimenting with drugs. It is almost human nature to want to do the opposite of what is expected with youth but we must give them room to grow out of it and go on with life as they get older. 
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Comment #2 posted by E.Kowalski on January 19, 1999 at 09:09:54 PT
Sunnyvale Student Fights Transfer
I don't see why the judge in this case couldn't decide in less than 10 seconds. It's obvious that the school's actions are illegal. They are clearly just jerking the poor kid around. How can an accused drug dealer be a danger in his old school, but not in his new one? By now though, it doesn't even really matter. The kid has basically already lost this year of school. He deserves just compensation from the School District. They shoud compensate him for his loss of friends, a familiar, and "safe" environment, lack of due process, and loss of character among his former friends and classmates. Furthermore, I was apalled that the district spoke of separating him from his friends. He still lives at the same house, right? How do they propose to prevent him from interacting with his friends outside of school? You know, it's kind of funny, really. I thought this was America. Whatever happend to the Land of the Free, and the Home of the Brave?
http://www.cannabisnews.com/thread298.shtml#post
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Comment #1 posted by E.Kowalski on January 19, 1999 at 09:08:44 PT
Sunnyvale Student Fights Transfer
I don't see why the judge in this case couldn't decide in less than 10 seconds. It's obvious that the school's actions are illegal. They are clearly just jerking the poor kid around. How can an accused drug dealer be a danger in his old school, but not in his new one? By now though, it doesn't even really matter. The kid has basically already lost this year of school. He deserves just compensation from the School District. They shoud compensate him for his loss of friends, a familiar environment, lack of due process, and loss of character among his former friends and classmates. Furthermore, I was apalled that the district spoke of separating him from his friends. He still lives at the same house, right? How do they propose to prevent him from interacting with his friends outside of school? You know, it's kind of funny, really. I thought this was America. Whatever happend to the Land of the Free, and the Home of the Brave?
http://www.cannabisnews.com/thread298.shtml#post
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