British School's Zero Tolerance policy struck down

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Plekhanov
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British School's Zero Tolerance policy struck down

Post by Plekhanov »

BBC
Drugs pupils reinstated by panel

A school has been forced to take back three 15-year-old pupils who were expelled after admitting being involved in an incident involving cannabis.
An independent appeals panel ruled that the boys should be allowed to return to St Mary's Roman Catholic High School in Lugwardine, Herefordshire.

Head teacher Clive Lambert is reported as calling the decision a "serious attack on the autonomy of schools".

The county's director of education said normal procedure had been followed.

Department for Education and Skills spokeswoman

Eddie Oram told BBC Hereford and Worcester: "There's a national arrangement, a framework under which all parents have a right to appeal against a school's decision to exclude their children permanently.

"It's not set up by the director of education or the Education Service - it's the legal department of the council that's got a duty under the statutory rules to bring a panel together who will hear every case with legal advice from within the authority.

"So it's a legal matter, not an education matter."

High Court

It is understood the appeals panel gave the teenagers the benefit of the doubt over whether the drugs were for their own use.

Decisions made by such appeals panels are binding and the only possible recourse is a judicial review in the High Court.

A Department for Education and Skills (DfES) spokesman said: "These decisions are made at a local level by local people.

"Overall, reforms to the appeals system are taking effect, with fewer successful appeals last year. Heads and teachers now make up the majority of every panel.

"Scrapping appeals panels would simply mean that appeals would end up in court.

Fewer appeals

"This would cost schools and taxpayers a lot more money and bind them up in long drawn-out court proceedings."

The Shadow Education Secretary, Tim Yeo, accused Tony Blair of "headline grabbing" when he said, in a February edition of the News of the World newspaper, that head teachers would get the power "to do random drug testing" on pupils.

Mr Yeo said: "We would like to see heads and governors given the final say over exclusions. That is an essential step in restoring discipline and order.

"This government's policy on drugs sends mixed messages to young people, from the confusion over the re-classification of cannabis to Tony Blair's attempt in the News of the World to get an eye-catching headline over drug testing in schools."

Figures published by the DfES show the number of expulsions from English schools fell during 2002-3 to 9,290, from 9,535 during the previous academic year.

The decrease, however, was roughly in proportion with falling pupil rolls.

The number of appeals by parents against expulsions was 1,074, down from 1,125 the previous year.

Of these, 21.1% were successful, compared with 24.4% in 2001-2.
Makes an interesting contrast to all the zero tolerance stories we’re getting from the US at the moment, the School in question actually has a zero tolerance policy it’s just that the education authority takes a more measured approach.

The headmaster of the school was complaining on the news that giving these kids a second chance undermined the “strong Catholic environment” at the school seemingly unaware of the strong emphasis placed upon forgiveness in the Catholicism, he also stated he would make exactly the same decision again next time setting a tremendous example to his students about respect for authority and learning from your mistakes.
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Durandal
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Post by Durandal »

There seems to be a pattern with these kinds of stories. Local Township makes a decision. Someone appeals that decision to a higher court, which is perfectly legal. Higher court overturns Local Township's decision.

What does Local Township do? They whine to the press about how "these decisions are made at the local level by local people," without even commenting on the actual legal or ethical ramifications of the decision. Same thing here in the US with the whole states' rights issue.
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Darth Wong
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Post by Darth Wong »

It's no different than a wife-beating child-abuser saying "the state does not have the right to tell me how to raise my own kids". It's always easy to complain that you're being oppressed by the Evil State, no matter what the facts of the case are.
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