Fundamental fairness demands that we improve our public schools for every child instead of targeting a few for special privileges. Private schools do not have to serve all students and can reject those with disabilities, with limited English proficiency, or other special needs. While voucher schemes offer the illusion of 'choice,' in reality, they increase the opportunities for only a handful of children who will have the luxury of attending private and religious schools at public expense. The Amendment Mandates School Expulsion. This amendment would mandate that states expel students for at least one year if they are found in possession of a felonious quantity of drugs on school grounds.
Current law makes possession of any amount of cocaine a felony offense.
Mandatory expulsion from school for drug possession deprives a child of his or her right to an education and deprives the state of its ability to set school policy that makes sense for its locality. Expelling students from school for drug offenses will do nothing to help the child address a drug habit, but will do a lot towards keeping the child from rehabilitation and a productive future. This Amendment Infringes on Free Speech Guaranteed Under the First Amendment. The very core of the First Amendment is that the government cannot regulate speech based on its content. The United States Supreme Court has repeatedly held that content-based regulations are presumptively invalid.