Pubdate: Fri, 13 May 2005
Source: Providence Journal, The (RI)
Copyright: 2005 The Providence Journal Company
Contact:  http://www.projo.com/
Details: http://www.mapinc.org/media/352
Author: Seth Mclaughlin, Journal Staff Writer
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

EXPELLED SENIOR CAN GRADUATE

The Girl Was Removed From School In November, After Marijuana Was Found In 
Her Pocketbook.

JOHNSTON -- A high school senior who was barred from graduation has been 
given a second chance.

The state education commissioner last week overturned the School 
Committee's decision to bar the student, who was expelled in November for 
having marijuana at school, from participating in commencement next month.

In the May 6 ruling, Paul Pontarelli, a hearing officer appointed by the 
commissioner, said that although it wasn't unreasonable to give the girl a 
substantial punishment, the substance-abuse policy in the student handbook 
didn't give school officials enough latitude to make an appropriate decision.

"Under this policy, as soon as school officials determine that an offense 
warrants a suspension of more than ten days, the suspension must carry to 
the end of the school year," Pontarelli wrote. "There is no room under the 
policy whether some intermediate punishment is appropriate."

The intermediate punishment, in his mind, is to allow the girl to take part 
in graduation as long she completes all the requirements through the 
school's approved tutoring program, he said.

Pontarelli agreed with the committee's decision to expel the student and 
bar her from the prom, the senior banquet and the senior send-off.

"I thought it was a decent outcome," said Michael Robinson, the attorney 
representing the school board. "I think the commissioner was a little 
critical of Johnston's [substance abuse] policy. The way the policy reads, 
there is not a lot of discretion. But I think the more important issue is 
that he validated the School Committee's concerns that no student should 
have any drugs in the school."

Jon Anderson, the lawyer for the student, couldn't be reached for comment.

The student's troubles started in October, a few days before Halloween.

According to documents from the state Board of Education, the girl arrived 
late to school. She had to sign in at the central office, where an 
assistant principal was in the middle of investigating a suspected drug 
deal in school.

According to the documents, the student said that as she signed in, a 
friend approached and told her, "I'm in big trouble." She said the friend 
asked her to hold something for him, then put it in her lunch bag and said 
he would get it back from her later.

According to the student, she left the office, walked to her locker and 
opened her lunch bag. She saw a plastic bag containing a large amount of 
marijuana.

She panicked, tucked the bag into her pocketbook and went to class, 
according to the ruling from the education board.

The assistant principal who had been investigating the suspected drug deal 
learned that the girl may have taken the marijuana from the central office, 
the ruling said.

The assistant principal and the school resource officer pulled her out of 
class on the second floor, explained what they were looking for and walked 
downstairs to her locker.

They looked in the lunch bag and the school resource office "took all the 
items out of the lunch bag and found a piece of marijuana."

According to the ruling, when asked again about the drugs, the girl said 
the rest of the marijuana was in her pocketbook. She was taken to the 
police station and charged with possession of marijuana, and her case was 
sent to the juvenile hearing board.

The ruling said that school administrators were aware that the girl had 
never been suspended, was a good student and had not brought the marijuana 
into the high school.

Her arrest came after administrators had decided over the summer to take a 
zero-tolerance stance on drug- and alcohol-related issues.

Principal Elizabeth Mantelli relied on the substance abuse policy from the 
student handbook. It says students caught with alcohol or illegal 
substances will be suspended for 10 days and that the principal will 
determine whether to recommend expulsion to the superintendent.

Mantelli recommended expulsion because of the "serious nature of the 
offense ... and the need to deter future incidents," the state ruling reads.

Schools Supt. Margaret Iacovelli agreed, and passed her recommendation to 
the School Committee. Iacovelli also recommended that the committee provide 
the girl with home tutoring, limit her reported number of absences to 10 
days and remove a course withdrawal from her transcript, so that she could 
receive her diploma.

On Nov. 12, the School Committee followed Iacovelli's advice. The two other 
students involved in the drug investigation, both freshmen, were also 
expelled, according to the ruling.

The decision meant the senior couldn't participate in the prom, the senior 
banquet, the senior send-off and graduation ceremonies.

In February, the committee's decision was appealed to Commissioner of 
Education Peter McWalters. (In the meantime, the committee reconsidered the 
issue, but a tie vote left the result unchanged.)
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