EXPELLED PUPILS CHALLENGE SCHOOL RULING

Two teenagers due to sit their Leaving Certificate next year yesterday took
a High Court challenge to their school's decision to expel them for smoking
cannabis at a private party outside school hours. The boys were expelled
last month and remain out of school.

Mr Justice Kearns reserved his judgment until Thursday next on an
application for an interlocutory injunction to restrain the school
authorities from expelling the boys until after the hearing of an action by
the boys' parents against the school.

The judge directed that nothing should be published which might identify
the boys or the private Dublin school.

The court heard both boys had admitted having cannabis for their own use at
a private party in a pub outside Dublin last month. It was alleged there
was also widespread underage drinking at that party.

A teacher at their school was in the pub and became aware of their having
cannabis. That teacher informed the school headmaster.

The day after the party, the headmaster called to the home of one of the
boys and informed his parents their son was expelled. The parents of the
second boy were informed of the expulsion by telephone.

The parents said they were unaware of a school rule which stated that
pupils found using illegal drugs in whatever circumstances would be
expelled and, while not condoning the use of cannabis, would not support
such a rule.

They had met the school headmaster and written to the board of governors in
an effort to reverse the decision but the governors had upheld the expulsions.

The judge was told the school in question operated a policy of "zero
tolerance" towards drugs and was standing over its decision to expel the boys.

In submissions, Mr Diarmaid Rossa Phelan, counsel for the boys, read
guidelines from the Department of Education regarding a code of discipline
and behaviour for schools. These stated that sanctions to reflect
disapproval of students' behaviour should contain a degree of flexibility
and that expulsion should be resorted to only in the most extreme
circumstances, after other sanctions and efforts at rehabilitation were
exhausted.

He said the penalty imposed on the boys was "savage". They were expelled
even before they had a chance to confirm they did have the cannabis or were
even spoken to.