Home > Legal Docket > P.P. v. Pinelands Regional

Student was suspended under school district’s zero tolerance policy for having an expired allergy tablet in his backpack.

New Jersey Superior Court, Ocean County/Direct

Frank Corrado/Barry Corrado Grassi & Gibson

On March 9, 2009, the ACLU-NJ filed a lawsuit challenging Pinelands Regional School District's zero-tolerance-for-drugs policy. The Ocean County school district suspended an eighth-grade honor student for five days after finding an expired allergy tablet in the bottom of his backpack. The school board attorney said the suspension was mandatory due to the school's "zero tolerance" policy. The lawsuit claims that the school's zero-tolerance policy violates students' due process rights and violates state statutes that require school officials to consider, at a minimum, a student's age, his or her history, and the seriousness of the offense prior to instituting a suspension. New Jersey statutes and administrative code only allow automatic suspensions for firearms, weapons assaults, and assaults on employees. In December 2009, the administrative law judge dismissed the ACLU-NJ's claims in light of the fact that the complaint was filed after the 90-day administrative deadline for appealing P.P.'s suspension.

Current Status: This case is currently before the Superior Court of New Jersey Law Division – Ocean County.

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