6th grader suspended for 364 days for a not-pot leaf

Leaf tested negative 3 times for pot

At first blush it sounds like an open-and-shut school disciplinary matter in a zero-tolerance age:

Some schoolchildren claim another student bragged about having marijuana. They inform school administrators. An assistant principal finds a leaf and a lighter in the boy’s knapsack. The student is suspended for a year. A sheriff’s deputy files marijuana possession charges in juvenile court

All of the above and more happened last September to the 11-year-old son of Bedford County residents Bruce and Linda Bays. He was a sixth-grader in the gifted-and-talented program at Bedford Middle School.

There was only one problem: Months after the fact, the couple learned the substance wasn’t marijuana. A prosecutor dropped the juvenile court charge because the leaf had field-tested negative three times.

The couple — both are schoolteachers — have filed a federal lawsuit against Bedford County Schools and the Bedford County Sheriff’s Office. It refers to their son only by the initials R.M.B.

It alleges Bedford Middle School Assistant Principal Brian Wilson and school operations chief Frederick “Mac” Duis violated his due process rights under the U.S. Constitution.

“Essentially they kicked him out of school for something they couldn’t prove he did,” said Roanoke attorney Melvin Williams, the Bays’ lawyer.

It also accuses the Bedford County Sheriff’s Office of malicious prosecution, because Deputy M.M. Calohan, a school resource officer, filed marijuana possession charges against the boy despite field tests that indicated otherwise.

“The field test came back not inconclusive, but negative,” Williams said. “Yet she went to a magistrate and swore he possessed marijuana at school.”

Even if the lawsuit is as meritless as he suggests, the case presents a cautionary tale about the current zero-tolerance drug climate in Virginia schools.

Apparently, according to the article, there's even a possibility, that since this kid rides a school bus with high school kids, someone may have put the leaf and lighter in his outer pocket of his backpack. Who's to say WHERE the kid got it, the fact that the school is essentially kicking him out for the year over a leaf that isn't even a drug, is outrageous to say the least.

a reply to: Anyafaj

Damn times are changing since I was in school and I only graduated in 2003. During my junior year of high school, my friend obtained some herbal cigarettes that smell like marijuana when smoked, but don't have it in them. We used them to play a prank on this asshole teacher which resulted in us getting sent to the office, sobriety tested, and the cigarettes confiscated. But because they had no marijuana in them, they couldn't do anything about it and ended up letting us back to class in time for home room (which was right before second period). I wonder what would have happened to me and my friend these days...

PS: The joke was that the teacher was an asshole busybody and we wanted to make him think we were breaking school rules only to find out that we weren't (we didn't even smoke the cigarettes on school property).

a reply to: Anyafaj

Wow talk about trying to ruin someone's life before they have a chance to live it.

Let's take this child and instead of teaching him an educational lesson, we'll charge him in juvenile court, yup problem solved! FFS!!

a reply to: Anyafaj

This story is un-freaking-believable and SO VERY SAD! Will stay tuned...

I remember back in the day when you were allowed to smoke on school property during lunch hour, before school started, and after school. The grounds were littered with butts. And to think, this leaf isn't even a pot leaf that's getting this kid in trouble! Just a regular normal, everyday leaf, yet they are treating this kid as if he not only brought a pot leaf to school, but smoked it on school grounds, shared it with other classmates, and someone got hurt!

So many things out of control these days. Real sad state of affairs to say the least!

Could have been a Japanese maple leaf as it looks very similar to a pot leaf. That being said, people rarely if ever smoke pot leaves lol.... You smoke the flower that's where the drug is. That also being said, how can you not tell what a pot leaf looks like if you are a cop??? a reply to: Anyafaj

originally posted by: Boomy327
Could have been a Japanese maple leaf as it looks very similar to a pot leaf. That being said, people rarely if ever smoke pot leaves lol.... You smoke the flower that's where the drug is. That also being said, how can you not tell what a pot leaf looks like if you are a cop??? a reply to: Anyafaj

That's what killed me. That and how the Sheriff deputy refuses to back down, to the point where the school lawyer is now representing the deputy!

I think these cases of knee-jerk reactions in the schools are fairly isolated and sensationalized to provoke an emotional response from the public.

Its not like these things are happening with alarming frequency in all school districts throughout the country. We just see to always hear about the isolated events that do happen.

originally posted by: MystikMushroom
I think these cases of knee-jerk reactions in the schools are fairly isolated and sensationalized to provoke an emotional response from the public.

Its not like these things are happening with alarming frequency in all school districts throughout the country. We just see to always hear about the isolated events that do happen.

They happen more than you think. The zero tolerance policies are getting out of hand. I'm sure that you have heard about the boy who was suspended for biting his Pop Tart into the shape of a gun. Have you heard about the girl who was suspended for Midol? The boy who was hospitalized after being stung by a bee, who couldn't access his Epi-pen because it was locked in the Nurse's office? The school district that called sunscreen a hazardous medication?

A couple of years ago a local school district suspended several students and reported them to the Police for underage drinking. Ordinarily I'd have no problem with that, but, they were drinking beer, in Germany, on a church trip, during Summer vacation with their parents. Pictures had been posted on their church's website showing them drinking.

There were no charges pressed, but the suspensions were upheld and several students were permanently suspended from sports teams and school clubs.

My nephew was suspended for five days for smoking. He was in his yard, on a Saturday and was of legal age.

I could go on and on about this. There used to be a website called "Zero Tolerance" that listed these. I don't know what happened to it.

a reply to: Anyafaj

Bedford county is a bass-ackwards place. Half the people there probably can't spell "Marijuana" anyways.

I'm willing to bet the boy had a leaf from a Spider Flower also known as Cleome Hassleriana. The plant has made me do a double take a few times.

Cleome Hassleriana Leaf



Regardless, if it tested negative for being Marijuana, this should be a non issue and the boy should be back in school.

a reply to: JIMC5499

My mother is a teacher in a grade school, and has taught for over 20 years. These types of things don't happen with the frequency that the articles would lead you to believe. The incidents you hear about are probably the ONLY incidents. Imagine how many children are enrolled every day in public schools. The statistics are very low that any child will be subject to this crazy behavior.

originally posted by: MystikMushroom
a reply to: JIMC5499

My mother is a teacher in a grade school, and has taught for over 20 years. These types of things don't happen with the frequency that the articles would lead you to believe. The incidents you hear about are probably the ONLY incidents. Imagine how many children are enrolled every day in public schools. The statistics are very low that any child will be subject to this crazy behavior.

They may be the only incidents, but when there are stories of children being forced to stand outside in the below zero temperatures during a fire drill because they happened to be swimming at the time, and school regulations required that all students were to go to the official evacuation points, that is indicative of a lack of teaching common sense.

Guten Tag- Well there goes the old song:

"Marijuana, Marijuana, '___', '___',
scientist make it and teachers take it,
so will We, so will We..."

Now how will the school teacher take that edge off? I vote they get a raise Imagine babysitting 30+ turds a day and it isn't like the old days, when lil Jimmy #sHisPants acted out He got removed by the ear, now He gets a team of Professionals to assist with Jimmy's transition..

Booze will kill them...

a reply to: Anyafaj
I'm the last person to play devil's advocate on this one (trust me), but it strikes me that if you represent the substance to be pot, you will be treated accordingly. Try to sell somebody a baggy of oregano as pot, and you get popped...the charge is selling pot. Don't know if any of this is applicable to the current case, but it could be.

Either way...a year's suspension for an alleged leaf? An 11 year old? Bravo Sierra, sez I!.

Ooops...double post!

a reply to: Anyafaj

Wow...

I wish i had a whole year off school back when i was a child. Knowing the modern school system, this will probably help his future rather than hinder it!

It's time to hire a lawyer and sue the school district.

I would like to see the school district have to defend themselves against something so stupid

Perhaps the school administrators need to be suspended for a year because they are too stupid

originally posted by: combatmaster
a reply to: Anyafaj

Wow...

I wish i had a whole year off school back when i was a child. Knowing the modern school system, this will probably help his future rather than hinder it!

If he can get this non-incident removed from his record, I absolutely agree with you! Far more is learnt outside the education system than from within it.
He should enjoy his time off, get on the internet; and educate himself.