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Judge refuses to bar school from punishing students over immigration protest

Associated Press
Oct. 4, 2006 10:00 AM


RIVERSIDE, Calif. - A federal judge has refused to block a school district from disciplining students who skip class to protest anti-immigration legislation, rejecting a request by parents of a teen who committed suicide over the punishment.

The ruling by U.S. District Judge Stephen G. Larson didn't address arguments that the discipline violated students' rights to free speech.

The Ontario-Montclair School District had disciplined students who were absent to participate in walkouts and rallies in March to protest federal legislation that would impose harsh punishments for illegal immigrants.

An injunction against the practice was requested by the family of 14-year-old Anthony Soltero, a De Anza Middle School student who committed suicide in April after he was threatened with harsh discipline for leaving school during the protests.

The judge denied the motion in a Sept. 28 written ruling, saying at least one plaintiff would have to be a student at the school.

Soltero family attorney R. Samuel Paz called the ruling a "technical denial" that left open the possibility of further action.

School district lawyer Calvin House said finding students disciplined for participating in the walkouts still might not meet the judge's requirement.

"That does not show that right now there is an immediate threat (to the students' rights)," House said. He also noted that it isn't improper for the district to discipline students for skipping class.