News (Media Awareness Project) - US CA: Zero Tolerance Suffers Setback |
Title: | US CA: Zero Tolerance Suffers Setback |
Published On: | 1998-04-14 |
Source: | Orange County Register (CA) |
Fetched On: | 2008-09-07 12:03:08 |
ZERO TOLERANCE SUFFERS SETBACK
A judge rules that a Corona del Mar High senior was denied due process when
he was transferred to another school.
School districts, zero-tolerance drug policies could come under fire
statewide after a Monday court ruling.
Superior Court Judge Robert E. Thomas ruled that the Newport-Mesa School
District denied Ryan Huntsman due process when it transferred the Corona
del Mar High School senior to another school under the district's
8-year-old zero-tolerance policy.
"Districts might have to have a more spelled-out or detailed policy, as far
as what steps they need to take before a student is transferred or
expelled," said Doug Stone, director of communications for the state
Department of Education.
Zero tolerance, which has been upheld many times in court, could be in
jeopardy, said board President Jim Ferryman.
"Any parent who gets an attorney will challenge the district's policy,
which has been very effective in controlling drug use among students," said
board member Wendy Leece.
Huntsman, 18, was ordered to transfer to Newport Harbor High on Feb. 19,
one day after Newport Beach police allegedly confiscated drug paraphernalia
from his car near Corona del Mar High. Huntsman was cited for playing his
stereo too loudly. The police report - which states that a pipe and plastic
bag with trace amounts of marijuana were found - was sent to school
officials.
Accounts differ on whether Huntsman was driving from school.
Under the district's policy, a student can be transferred or expelled,
without a hearing, if found with drugs, alcohol or firearms on campus, at a
school-sanctioned event or while traveling to or from school.
A judge rules that a Corona del Mar High senior was denied due process when
he was transferred to another school.
School districts, zero-tolerance drug policies could come under fire
statewide after a Monday court ruling.
Superior Court Judge Robert E. Thomas ruled that the Newport-Mesa School
District denied Ryan Huntsman due process when it transferred the Corona
del Mar High School senior to another school under the district's
8-year-old zero-tolerance policy.
"Districts might have to have a more spelled-out or detailed policy, as far
as what steps they need to take before a student is transferred or
expelled," said Doug Stone, director of communications for the state
Department of Education.
Zero tolerance, which has been upheld many times in court, could be in
jeopardy, said board President Jim Ferryman.
"Any parent who gets an attorney will challenge the district's policy,
which has been very effective in controlling drug use among students," said
board member Wendy Leece.
Huntsman, 18, was ordered to transfer to Newport Harbor High on Feb. 19,
one day after Newport Beach police allegedly confiscated drug paraphernalia
from his car near Corona del Mar High. Huntsman was cited for playing his
stereo too loudly. The police report - which states that a pipe and plastic
bag with trace amounts of marijuana were found - was sent to school
officials.
Accounts differ on whether Huntsman was driving from school.
Under the district's policy, a student can be transferred or expelled,
without a hearing, if found with drugs, alcohol or firearms on campus, at a
school-sanctioned event or while traveling to or from school.
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