cannabisnews.com: Manteca Schools To Modify Discipline 





Manteca Schools To Modify Discipline 
Posted by FoM on December 17, 1999 at 11:42:48 PT
By Ken Carlson, Bee Staff Writer
Source: Modesto Bee
Rather than fight a court ruling, the school board has decided to change a student disciplinary policy that has come under fire in recent months. 
In October, a San Joaquin County Superior Court judge reversed the punishment against Sierra High School student Adam Zeiher in a marijuana-smoking case, and earlier this week the Manteca Unified School District trustees decided not to appeal the ruling.  Zeiher and classmates Travis McPherson and David Perry were suspended and transferred to other schools after they admitted smoking marijuana May 25. The boys later said that school officials had pressured them to confess.  The McPherson and Zeiher families prevailed this fall in separate lawsuits to overturn the punishment. The school board had wanted to appeal Judge Sandra Smith's Oct. 25 ruling in the Zeiher case, but backed down at its meeting Tuesday night.  Marilyn Asher, who took over as school board president this week, said officials learned at a recent conference that other districts have been losing in court as well.  "We are going to have to look at our discipline plan and come up with something else," Asher said.  "The state has said we can't have zero tolerance -- they said we can't expel (a student) on a first-time offense. And it's become obvious the courts don't see it as a viable option."  A year ago, a first drug offense meant automatic expulsion in the Manteca Unified School District. The district this year changed the penalty for smoking marijuana to suspension and an involuntary transfer.  Thomas Driscoll, the lawyer for the McPherson and Zeiher families, argued that forcing the students to switch schools for their senior year defied the state Education Code. And Smith agreed in her ruling.  A disciplinary review board -- made up of school principals in the district -- will start working on a new policy.  In the future, students breaking the rules may enter contracts to amend their ways, and could receive harsher punishment if they violate the agreements.  "You have to show you are doing something to help the children first," Asher said.  The appeal would not have affected Zeiher because the district only sought to defend its disciplinary policy.  Staff writer Ken Carlson can be reached at 239-2152. Published: December 17, 1999 Copyright © The Modesto Bee. Related Articles:Second Student Backed by Judge - 10/26/99http://www.cannabisnews.com/news/thread3426.shtmlDecision 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 
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