PORTLAND – The Maine Civil Liberties Union is suing on behalf of a Lake Region High School student who was expelled for violating the district’s “zero tolerance” drug policy by taking medicine for a headache.

The lawsuit, filed this week in state court but later moved to federal court because of the constitutional issues involved, claims school officials violated Tracy Jannicelli’s right to a public education.

In December, the ninth-grader from Casco had a headache and was given pills by a classmate. Tracy thought they were Tylenol or aspirin, but students later told her they may have been prescription drugs.

When questioned, the girl admitted what happened and was suspended for 10 days. Later, she and five other students were expelled.

The MCLU, Tracy and her parents are fighting the expulsion, saying Tracy didn’t get a fair hearing and that the expulsion violates state law. The lawsuit contends that state law allows students to be expelled only for intentionally or knowingly possessing a “scheduled drug.”

“It’s a case that shows just how far we might go sometimes in our effort to combat drug usage,” said Sally Sutton, executive director of the MCLU. “As important as combating drug use is, it is also important to make sure that students are afforded their constitutional rights.”

School districts can suspend students under local policy but must follow state law if it denies a student the constitutional right to a public education, according to Richard O’Meara, the lawyer handling the case for the MCLU.

The lawsuit contends that Tracy and her family could not defend her adequately at the expulsion hearing because they weren’t told about the state law or given the documents pertinent to her case.

It asks that a judge order SAD 61 – which serves Bridgton, Naples, Casco and Sebago – to readmit Tracy and wipe the expulsion from her records. In addition, it seeks unspecified damages.

SAD 61 Superintendent Candace Brown said the “zero tolerance” substance-abuse policy is necessary in a time when an increasing number of students are prescribed drugs and when some students abuse them.

The policy prohibits students from possessing or using over-the-counter pain relievers in school.

“I think school districts have to ensure that there is a healthy, safe environment for all of the students,” she said.

Brown disputed the claim that Tracy was never informed of the policy.

The lawsuit says Tracy, whose family moved to Maine last summer, missed an orientation for new students because she was choosing her classes with a guidance counselor.

But Tracy’s mother was given a written copy of the policy, while also is posted in the school, Brown said.