Worcester Teen Expelled Over Marijuana Prevails In Supreme Court

WORCESTER, MA — The Supreme Judicial Court this week upheld a decision to allow a Worcester student to return to school after she was expelled for possessing marijuana on campus.

The case dates back to September 2018 when a principal found a small amount of marijuana and two plastic pipes in the unidentified high schooler's locker. The principal suspended the girl for 152 days, which was the remainder of that school year.

The student appealed to the superintendent seeking to return to school. But instead of the superintendent hearing the matter, the school's safety director did. After the appeal, the student's suspension was reduced to 112 days.

The student was able to attend an alternative school, but the student's mother decided to sue because the new school was "below [the student's] grade and ability level." The student had been attending a merit-based program toward a career in nursing, and had no prior disciplinary incidents.

The main argument in the lawsuit was that the student's appeal should have been heard by the superintendent, not a stand-in. A lower court sided with the student's mother, and vacated the expulsion, allowing the student to return to school.

The school district challenged that ruling, which is how it ended up before the state Supreme Court. But the Supreme Court sided with the lower court judge for several reasons.

State law on expulsions says that the superintendent must hear appeals in serious cases. A superintendent can only appoint a designee for less serious offenses that result in suspensions under 90 days. The district argued it would be "impractical" for the superintendent to hear every appeal, but the Supreme Court disagreed. The court also agreed that the student had suffered harm after she was forced out of school.

Read the full state Supreme Court decision.