Student takes school to court

By REBECCA WALSH

A Maramarua mother and her son are going to the High Court to challenge a school board decision to suspend the teenager.

Dylan Dean was suspended from Pukekohe High School last year for allegedly smoking cannabis behind the school gym.

The 14-year-old, who was 13 at the time and is now back at the school, admits that while some of the boys he was with smoked a joint, he didn't.

A urine test carried out the next day - at his mother's request - was negative, but the board still suspended him.

Lawyer Paul Pa'u said the board then imposed a range of conditions on Dylan's return to school, which were unreasonable under the law.

The then-third former was allowed back provided he agreed to drug counselling and random urine testing, but he was barred from the school bus for a term.

Mr Pa'u said that had effectively deprived him of his right to an education, as the family lived half an hour's drive from the school.

His mother, Karen Dean, said she could not afford to take Dylan to school each day and he had missed more than 70 days. She had tried to help with his work at home.

Speaking to the Herald yesterday, Dylan maintained he had never smoked cannabis.

"They said I was a danger to other students. They had problems with drugs being transported into the area and they tried to pin it on me," he said.

Last week, Pukekohe High School bus driver Thomas Wiremu Andrews, aged 42, was convicted of selling cannabis to an undercover police officer who was wearing a high school uniform.

Andrews was not the bus driver at the time of Dylan's suspension.

Mrs Dean said she was "totally satisfied" Dylan was not involved in drugs, although he tended to mix with students who got into trouble.

"We ultimately want an apology."

Mr Pa'u said civil proceedings would be filed in the High Court at Auckland this week seeking a judicial review of the board's decision and clear guidelines on the powers schools had to impose such conditions.

"Schools have to be really careful ... The conditions have to be reasonable and aimed at getting the kid back to school as soon as possible," Mr Pa'u said.

"Some clarity is needed to protect the rights of other kids."

Pukekohe High School board chairman Murray Kay said the matter was dealt with under the requirements of the Education Act and the board would defend its decision if challenged in court.