cannabisnews.com: Second Student Backed by Judge Second Student Backed by Judge Posted by FoM on October 26, 1999 at 09:13:57 PT By Ken Carlson, Bee Staff Writer Source: Modesto Bee The local school district's drug enforcement policy has suffered its second legal defeat in as many months. In a decision released Monday, San Joaquin County Superior Court Judge Sandra Smith ruled that disciplinary action taken against high school senior Adam Zeiher violated the state Education Code. Zeiher, one of three students punished for allegedly smoking marijuana in May, can resume studies at Sierra High School and play football, according to Smith's decision, which also erases the matter from his school records. "We are very happy," said Rebecca Zeiher, the student's mother. "This is what we have been fighting the past five months for." An involuntary transfer to East Union High School this fall made Adam Zeiher miss almost all of the football season. Armed with the court decision, he is expected to return to Sierra High today. He started working out with the football team Monday afternoon and may get into the regular-season finale against Los Banos Nov. 12. Zeiher, Travis McPherson and David Perry have been embroiled in a dispute over a Manteca Unified School District policy that requires a five-day class suspension, 45-day activity suspension, a drug awareness class and transfer to another school for using marijuana. The involuntary transfer was a key issue because it disqualified the trio from athletics this school year under California Interscholastic Federation rules. McPherson's parents sued the district in August, and the following month Judge K. Peter Saiers overturned the punishment against Travis McPherson in a brief decision with little explanation, leaving school officials puzzled. When the school board refused to reverse the punishment against Zeiher and Perry, the Zeiher family filed suit and the school district asked for another judge to hear the case. Smith, who heard arguments Oct. 15, more fully explained her decision Monday. The involuntary transfer, Smith wrote, conflicts with the parents' right to choose what school their child attends. Moreover, the judge said, Manteca school officials had no right to assign Adam Zeiher to a drug awareness program without his parents' consent. School officials also misled Zeiher's parents about their right to appeal their son's punishment, the judge wrote. Smith praised the school district's attempts to correct drug problems in its schools. "Regretfully, the school district is limited by the quite Byzantine Education Code," she wrote, "and the court and the (school district) are bound by its provisions." Manteca school officials have reported a fourfold increase in marijuana incidents since the trio's challenge of the drug policy hit local newspapers. Zeiher and Perry admitted smoking marijuana, but later said their confession was coerced after school officials threatened to call police. The boys tested negative for drugs 14 days after the incident. The school board has not made any statement about Perry's punishment. "I voted to bring (Zeiher and Perry) back to Sierra after the first decision," Trustee Nancy Teicheira said. "I don't know if this resolves it, because the district has a chance to appeal. As just one board member, I really couldn't say what will happen." The school board voted 4-3 against an appeal after the first decision. Virginia McPherson, Travis' mother, hopes the school board allows Perry to rejoin his Sierra High classmates without going to court. "I'm looking forward to them all graduating with the same- color caps and gowns," Virginia McPherson said. Staff writer Ken Carlson can be reached at 239-2152. Tuesday October 26, 1999 Copyright © The Modesto Bee. Related Articles:Decision Soon On Drug Policy - 10/16/99http://www.cannabisnews.com/news/thread3303.shtmlBoard Silent on Turnabout - 9/25/99http://www.cannabisnews.com/news/thread3024.shtmlManteca Student Reinstated in Pot Case - 9/17/99 http://www.cannabisnews.com/news/thread2916.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: