SECOND STUDENT BACKED BY JUDGE

The local school district's drug enforcement policy has suffered its
second legal defeat in as many months. In a decision released Monday,
San Joaquin County Superior Court Judge Sandra Smith ruled that
disciplinary action taken against high school senior Adam Zeiher
violated the state Education Code.

Zeiher, one of three students punished for allegedly smoking marijuana
in May, can resume studies at Sierra High School and play football,
according to Smith's decision, which also erases the matter from his
school records. "We are very happy," said Rebecca Zeiher, the
student's mother. "This is what we have been fighting the past five
months for."

An involuntary transfer to East Union High School this fall made Adam
Zeiher miss almost all of the football season. Armed with the court
decision, he is expected to return to Sierra High today. He started
working out with the football team Monday afternoon and may get into
the regular-season finale against Los Banos Nov. 12.

Zeiher, Travis McPherson and David Perry have been embroiled in a
dispute over a Manteca Unified School District policy that requires a
five-day class suspension, 45-day activity suspension, a drug
awareness class and transfer to another school for using marijuana.
The involuntary transfer was a key issue because it disqualified the
trio from athletics this school year under California Interscholastic
Federation rules.

McPherson's parents sued the district in August, and the following
month Judge K. Peter Saiers overturned the punishment against Travis
McPherson in a brief decision with little explanation, leaving school
officials puzzled.

When the school board refused to reverse the punishment against Zeiher
and Perry, the Zeiher family filed suit and the school district asked
for another judge to hear the case. Smith, who heard arguments Oct.
15, more fully explained her decision Monday. The involuntary
transfer, Smith wrote, conflicts with the parents' right to choose
what school their child attends.

Moreover, the judge said, Manteca school officials had no right to
assign Adam Zeiher to a drug awareness program without his parents'
consent. School officials also misled Zeiher's parents about their
right to appeal their son's punishment, the judge wrote.

Smith praised the school district's attempts to correct drug problems
in its schools. "Regretfully, the school district is limited by the
quite Byzantine Education Code," she wrote, "and the court and the
(school district) are bound by its provisions."

Manteca school officials have reported a fourfold increase in
marijuana incidents since the trio's challenge of the drug policy hit
local newspapers.

Zeiher and Perry admitted smoking marijuana, but later said their
confession was coerced after school officials threatened to call
police. The boys tested negative for drugs 14 days after the incident.

The school board has not made any statement about Perry's
punishment.

"I voted to bring (Zeiher and Perry) back to Sierra after the first
decision," Trustee Nancy Teicheira said. "I don't know if this
resolves it, because the district has a chance to appeal. As just one
board member, I really couldn't say what will happen."

The school board voted 4-3 against an appeal after the first decision.
Virginia McPherson, Travis' mother, hopes the school board allows
Perry to rejoin his Sierra High classmates without going to court.

"I'm looking forward to them all graduating with the same-color caps
and gowns," Virginia McPherson said.