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Decision Number
16
Book
2
Month
April
Year
1979
In RE
Amy A. Cline
Appellant
Daryl Barnard
Appellee
Dexfield Community School District
Full Text
Summary

The appellant seeks reversal of a decision made by the Dexfield Community School to discipline his daughter concerning possession of a controlled substance.

The student found a white pill on the floor near a wastebasket; she had it in her hand when it was discovered by the teacher. She was sent to the principal who did a body search and the pill for analysis. It turned out to be amphetamine. She was made ineligible to participate in sports for six weeks and received a five-day in-school suspension.

The appellant states the school rules were unreasonably applied to his daughter. The board took an untenable position that mere possession of a controlled substance subjects the students to discipline under district policy prohibiting the possession of a controlled substance. An interpretation of possession which punishes students for mere possession without inference of knowledge or intent is unreasonable.

The local board's decision is overruled.