JUDGE ASKED TO REVIEW MOTRIN DECISION

Lawyer Says Court Can Revise School Board's Punishment

The lawyer for a Clay-Chalkville sophomore ordered to alternative school for
taking Motrin says state law allows a judge to revise a school board's
punishment in certain cases.

Birmingham attorney Sam Wiggins filed his argument Friday during a
status conference on the matter. In his brief, Wiggins says that a
judge can review or revise school board disciplinary actions where
"there is a shocking disparity" between a student's offense and the
student's punishment.

In this case, Jefferson County School Board officials last December
recommended that Ysatis Jones serve 15 days in the system's
alternative school program after a teacher caught her taking an
ibuprofen pill at a water fountain Dec. 3. Jones, who said the
medicine was for menstrual cramps, has appealed and asked the court to
intervene.

The school board has stood behind its decision. The Jefferson County
school system, as well as others in Alabama, classifies possession of
unauthorized prescription and over-the-counter medication as major
drug offenses. Zero tolerance is given to those who violate the policy.

School board attorney Carl Johnson also filed paperwork Friday, asking
Circuit Judge Houston Brown to review the facts and determine that a
judgment should be issued in favor of the school board. In his brief,
Johnson wrote there is no shocking disparity between the offense and
penalty, and "certainly not one that would warrant judicial
intervention."

Johnson contends that all students are given copies of the school's
code of student conduct and that Jones, 15, admitted to receiving and
reviewing the copies and passing tests on the contents.

The two attorneys will return to court June 11.

Jones' mother retained Wiggins, who filed an injunction Jan. 9 to halt
the board's punishment. Wiggins has said one pill does not warrant
alternative school, and the punishment is too tough for the incident.

Brown on Jan. 21 ruled that Jones, who had been out of school since
Dec. 3, could attend classes while she appeals her punishment in court.

Rachel Jones, the student's mother, said she thinks each case needs to
be considered individually.