cannabisnews.com: Teen Pot Penalties Reversed 





Teen Pot Penalties Reversed 
Posted by FoM on October 28, 1999 at 10:06:53 PT
By Ken Carlson, Bee Staff Reporter
Source: Modesto Bee
The school board has reversed the punishment against two high school students who were accused last May of smoking marijuana, while it appeals a court decision that declared the punishment illegal. 
Manteca Unified School District trustees voted 6-1 Tuesday night to return Adam Zeiher and David Perry to Sierra High School. Trustee John Holbrook dissented.  In a separate decision, trustees voted 5-2 to appeal a San Joaquin County Superior Court decision handed down Monday that overturned Zeiher's punishment. Trustees Nancy Teicheira and Nellie Zavala voted against the appeal.  Zeiher, Perry and Travis McPherson were suspended and transferred to other schools when a Sierra High School monitor reported smelling marijuana in Zeiher's car as the boys returned from eating lunch off campus in May.  All three admitted smoking marijuana, but later said their confessions were coerced after school officials threatened to call police.  Wishing their son to graduate from Sierra High, the McPherson family sued the district in August and Judge K. Peter Saiers reversed the punishment against Travis, who returned to Sierra last month.  The school board's refusal to apply Saiers' ruling to Zeiher prompted a lawsuit from the Zeiher family.  Judge Sandra Smith ruled in the Zeihers' favor Monday, saying school officials lacked authority to transfer Adam to another school. Perry also benefited from the ruling, when the school board reversed the punishment against both.  The school board is appealing Smith's ruling because it strikes at the district's use of involuntary transfers to deal with misbehaving students. School officials say more than 40 students have been moved to other schools in the district this year for disciplinary problems.  According to Smith's ruling, the state Education Code makes no provisions for such transfers without parental consent or formal hearings.  Staff writer Ken Carlson can be reached at 239-2152.  ThursdayOctober 28, 1999 Copyright © The Modesto BeeRelated Articles:Second Student Backed by Judge - 10/26/99http://www.cannabisnews.com/news/thread3426.shtml Manteca Student Reinstated in Pot Case - 9/17/99 http://www.cannabisnews.com/news/thread2916.shtml 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.shtml
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