MANTECA STUDENT REINSTATED IN POT CASE

MANTECA - Travis McPherson, the student punished for allegedly smoking
marijuana in May, returned to Sierra High School and rejoined the football
team Thursday.

"I want to get straight A's and I want to show them I'm a good kid," the
high school senior said. McPherson's parents sued the Manteca Unified
School District after he was suspended and received an involuntary transfer
to Manteca High School for the alleged drug violation.

In a terse ruling released Thursday, San Joaquin County Superior Court
Judge K. Peter Saiers said the Manteca Unified School District's punishment
of McPherson was illegal.

Saiers ordered school officials to reinstate McPherson at Sierra High, to
allow him to play sports and to erase the disciplinary action from his record.

"I was always optimistic that someone would finally see that our rights
were violated," said Greg McPherson, Travis' father. "The judge saw that
the school board violated our rights and has to follow the same laws we do."

The school board plans to meet next week to review the decision, including
appeal options.

"I was surprised by the decision," district Superintendent Marv Tatum said.
"But you never know when something goes to court. ... I think our
drug-enforcement policy and procedure is a good one."

On May 25, a campus monitor stopped McPherson and two other students as
they returned to campus in a car from lunch break.

Saying he smelled marijuana in the car, the monitor took the boys to the
dean's office, where they were questioned in separate rooms. McPherson said
school officials threatened to call police if he didn't admit smoking pot.

McPherson, his parents and a school official signed a "record of
suspension" form in which the student admitted smoking pot and agreed to a
five-day suspension and a 45-day suspension from playing sports.

A month later, a disciplinary review board added an involuntary transfer to
Manteca High, prompting the McPhersons to file a lawsuit.

In a four-paragraph ruling, Saiers cited the May 25 suspension report as
the basis for his decision, but did not elaborate. Saiers ruled that
McPherson served his suspension during summer school and can play sports
immediately.

Thomas Driscoll, the McPhersons' attorney, believes the judge thought the
disciplinary transfer, which barred the student from playing sports his
entire senior year, violated terms of the May 25 agreement the parties signed.

"I wouldn't pretend to read the judge's mind, but I suspect he determined
that a deal is a deal," Driscoll said.

"The (Sierra High dean) said if the kids confessed, they would get a
five-day suspension and 45-day social suspension. We never contested the
suspension; we contested the transfer," Driscoll said.

School officials have not decided whether to reinstate the other boys, Adam
Zeiher and David Perry, who signed the same admissions and were transferred
to East Union and Manteca high schools, respectively.

"I was pleased with the ruling," said Rebecca Zeiher, Adam's mother. "I
felt pretty sure about it. It just confirmed what we have been saying all
along."

Tatum said it's uncertain this week's decision will force the district to
amend the drug policy.