MANTECA UNIFIED SCRAPS POT-CASE APPEAL

MANTECA - Manteca Unified School District will give up its legal battle
over a disciplinary policy for three students accused of smoking marijuana
and will patch together a new set of deterrents for students, district
board members have decided.

In reversing a decision to appeal a court ruling against the district's
policy of transferring students who admit to using drugs during school
hours, administrators and board members said they feel court decisions are
taking away their power to discipline students.

"I guess you could say there is a degree of frustration when we are trying
to keep drugs out of our schools," Superintendent Marvin Tatum said.

District board members decided unanimously Tuesday not to appeal San
Joaquin County Superior Court Judge Sandra Smith's October ruling in favor
of Adam Zeiher, an 18-year-old Sierra High School student who was
transferred to another school along with two other students when they
admitted smoking marijuana during a lunch break.

Smith ruled the district's involuntary-transfer policy violated the state's
Education Code.

"The judges just are not as strong on the zero tolerance on the drugs and
alcohol," school board Trustee Nancy Teicheira said.

Zeiher's case was the second the district lost involving the same incident.
While officials stand by their involuntary-transfer policy, they are faced
with the task of developing a new disciplinary measure.

"The consequences will not be as severe," Trustee Marilyn Asher said.

The board's decision this week surprised Zeiher's parents, who were ready
for a fight.

Rebecca Zeiher, Adam Zeiher's mother, said she was shocked at the
district's decision.

"We didn't even know they were going to do that," she said. "I'm glad to
know they aren't doing this to students anymore."

Like the Manteca Unified School District, many school districts throughout
California, including Santa Clara and Sacramento, transfer students within
the district as a form of punishment.

After they lost the Zeiher case, Manteca district officials temporarily
replaced the involuntary-transfer policy with a five-day suspension and
ineligibilty for extracurricular activities for up to 90 days.

Tatum wouldn't say what the district's new policies might be.

The district spent more than $11,000 in August, September and October
fighting the two court cases.

There is still one fight to finish.

Last month, the two families filed petitions in court to retrieve attorney
and court costs.

* To reach reporter Jennifer Christgau, phone 239-6606.