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--> --> Legal hawk wary of school district leadership policy By Maggie McGehee Ashland Daily Tidings As Ashland School District officials prepare for a meeting Aug. 13 to discuss a proposed code of conduct policy for students in leadership positions, a legal expert said he has concerns about its pitfalls. Ashland High School is one of many school districts across the state and the nation passing strict policies on student conduct to safeguard school officials from litigation similar to that endured by the Phoenix-Talent School District, which stripped Phoenix High School Student Body President Keanon Ferguson of his title after he was caught on campus with a small amount of marijuana. Critics say the Oregon Court of Appeals ruling - which overturned a lower court finding and said that the Phoenix-Talent School District had the right to remove student leaders from their elected positions as punishment - has only muddied the waters with regard to how much authority districts have over the children in their care. "The problem with zero tolerance policies is that they put administrators and teachers in a box and force them to impose disciplinary sanctions that have the effect of being counter productive and pushing kids out of school instead of teaching them," said David Fidanque, executive director of the American Civil Liberties Union of Oregon, based in Eugene. "The lines are getting blurred because of that (the Ferguson) decision. I hope school officials would think carefully about the potential pitfalls of the policy." Newly elected Ashland school board member Amy Amrhein said she feels the district needs to have a policy on drugs and alcohol, but wants to keep an open mind and hear both sides of the issue before making a decision. "I am looking forward to public input at the next meeting," she said. "I need to hear more public input ... I want to make sure I make the right decision for the school and the community." The proposed leadership code of conduct at Ashland High School says that students who take part in the leadership class - something that requires a student to either be elected by the student body or appointed by administrators - can be removed from their elected or appointed office if they are caught drinking or using drugs both on or off campus. Superintendent Juli Di Chiro was unavailable for comment, but said previously that the district is only asking its leadership students to abide by the law. Under the proposed policy, school district and high school officials would hold students accountable for behavior off campus through information they receive from the police department and other agencies. However, it may prove to be more difficult than officials first thought. Jan Janssen, youth diversion officer with the Ashland Police Department, said the police will not release any information about crimes committed by juveniles to the school district. "It is the position of the police department to continue to proceed as we have been in regard to juvenile cases," Janssen said. That means that school officials are privy to the same information as anyone else in the community. The police department's log book does not contain names of juveniles who are arrested. Janssen also said that the police department would not automatically provide information to the school district. School district officials would have to go through the log book if they wanted to know if any student who is 18-years-old or older had been arrested. At the heart of the criticism are student records that are passed on from the high school to colleges when students apply. Critics say if a student has been suspended for violating the proposed leadership policy by drinking at a weekend party at a friend's house and school officials find out, that suspension could hurt the student when he or she applies for college and financial aid. Not all colleges and universities look at students' suspension and expulsion records when reviewing admission applications, but it is a factor for many state universities and private colleges in Oregon and elsewhere. Officials at Southern Oregon University evaluate a student's academic record, grades and whether the student graduated, but do not look at if the student had ever been expelled, according to SOU Spokesperson Christina Dunlap. That's not the case for students who apply for financial aid, however. By law, students who are convicted of possession of illegal drugs are ineligible to receive federal student aid for one year after their first conviction and two years for their second, according to a brochure published by the Student Financial Assistance division U.S. Department of Education, provided to The Tidings by SOU's admissions office. Also, any student convicted of selling illegal drugs is ineligible for federal student aid for two years after their first conviction. A second conviction would indefinitely exclude the student from receiving financial aid. However, convictions occurring before the student turns 18 are excluded, as well as convictions relating to tobacco or alcohol possession, according to the U.S. Department of Education brochure. And even if a student is convicted of drug possession after the age of 18, he or she can regain eligibility for financial aid, according to the federal department of education. "You can regain eligibility for federal student financial aid no matter how many or what type of drug convictions you have," the brochure states. "You must successfully complete an acceptable drug rehabilitation program that meets the standards set by Congress and the Department of Education, and you will regain eligibility on the date you complete the program." The AHS proposed code of conduct also offers punishment for behavior found to be detrimental to the school, something that has law officials concerned. "The easiest part of the section is the part dealing with drugs and alcohol," Fidanque said. "For me, the bigger issues are the vagueness. The initial provisions of the code in respect to AHS student conduct in public, that's inherently vague. In Rule C the word `discredit,' there's no definition. You have a situation where somebody's ... academic record is being destroyed based on a standard that is inherently vague and open to interpretation after the fact. It raises a serious constitutional problem. "There is no definition of `misconduct' and there is no definition of `discredit,' yet someone can be removed on a first offense without knowing that they have done anything wrong," Fidanque said. "If there happened to be a case involving speech, the district will be in deep constitutional waters without a life vest." High school officials are still working on the policy and are scheduled to discuss it at a meeting of the Ashland School District board of directors set for 7:30 p.m. Monday, Aug. 13 at the Ashland Civic Center, 1175 E. Main St. Many parents of high school students are expected to attend. Email your... 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