The Post and Courier - Charleston, S.C.
Author: GLENN SMITH
Date: Nov 17, 2005
Start Page: B.1
Section: LOCAL & STATE
Text Word Count: 624

Charleston police say what three girls at Buist Academy did was a crime, while school officials have cleared the suspended seventh- graders to return to class with the very people they are accused of threatening in a shared journal.

What's more, school district officials opted to drop expulsion proceedings against the students just hours before a constituent school board was scheduled to take up the case, a move the panel's chairman called a disturbing violation of the disciplinary process.

Charleston County School District officials, who just last week said the journal contained "violent and troubling plans," reversed course Wednesday and stated they now believe the students pose no threat. They came to that conclusion after consulting with a pediatric psychiatrist who reviewed the journal, said Jerry Adams, a district spokesman.

But Charleston police saw things differently and filed criminal charges against the three 12-year-old girls this week. All are charged with making threats and were released to the custody of their parents, police spokesman Charles Francis said.

Lawyers for the students say the matter never should have reached this point because the journal contains nothing more than the "fanciful musings" of three 12-year-old girls.

"These kids are the sweetest little girls you every could meet," said Guy Vitetta, lawyer for one of the girls. "The only crime they committed was being 12."

The episode began Nov. 3 when the girls were caught passing the journal in a

French class. School officials reviewed the notebook the next day and found entries containing threats to harm a classmate and a teacher. They immediately suspended the girls and later recommended all three be expelled. Police were notified five days later.

A police report said that the journal contained one student's stated desire to kill a teacher and references to forcing a student with a dairy allergy to consume milk.

The three girls' families hired lawyers and had their children evaluated by a psychiatrist, psychologist or counselor to determine if they posed a threat, officials said. Vitetta sought a court injunction to stop the District 20 Constituent School Board from pursuing expulsion proceedings against his client.

About an hour after his motion was heard in a Charleston County courtroom Wednesday, the district dropped plans to proceed with the expulsions, Vitetta said. The district later released a statement saying Buist Principal Sallie Ballard had withdrawn her request that the girls be expelled.

"The district consulted with a pediatric psychiatrist and learned that the students involved had been evaluated by counselors and were not considered to be threats to any persons," Adams said.

Marvin B. Stewart, chairman of the constituent school board, said the case should have gone before his panel and he was troubled that district officials intervened to cut short the process. Stewart lodged the initial report with police about the episode, but he stressed that he had come to no conclusion about whether the girls should remain in school.

"I am appalled that school officials would meet behind closed doors and reverse bringing students to a hearing, not allowing students due process," he said. "What kind of message are we sending to the community?"

Stewart said he suspects district officials were influenced by the fact that the children had lawyers and attend a magnet school that tends "to have parents that are more affluent than other schools." He suggested that the constituent board declare a moratorium on expulsion hearings until it can ensure the process is fair.

Adams said the process was handled fairly and "we feel like justice has probably been done." He declined to comment on the police decision to bring charges.

Lt. James Williams said police filed the charges after investigating the matter and consulting with the solicitor's office.

Credit: The Post and Courier

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