School officials say he is guilty but he says he's not.

An Alexander student is fighting back after being kicked out of school for being under the influence of marijuana. The problem is the student says he has never smoked marijuana and wants his name cleared:

“I’ve got tests coming in I don’t want to stay in the same grade.”

16-year-old Jonathan Rocha says all he wants to do is go back to high school, he was suspended from Alexander back on October 7th and hasn't returned: all because he says he's being wrongfully accused of doing drugs.

“She’s like come on stop playing we know what you did if you tell us we'll clean your record.”

Jonathans' mother says administrators told her they caught the teenager smoking a cigarette at the school and confirmed he was under the influence of marijuana.

A nurse’s evaluation marked him as having dilated pupils and bloodshot eyes.

“They gave him an exam, she says but they moved a pen back an forth in front of his eyes and asked him tricky questions.”

The nurse reported Jonathan’s eyes couldn’t follow the pen, which resulted in a positive drug test.

Jonathan says it wasn't true.

“I said fine just tell me where to do it ill do it you’ll see I came out clean.”

The same day, Mrs. Rocha took her son to a Nuevo Laredo clinic. His test was negative.

She says she booked the earliest appointment available at a Laredo clinic, which was two days later, and again, his test was negative:

The boys mother says a district official finally agreed to have Jonathan attend one day here at step academy but one day is one too many.

“If I send my child to step for one day, say says its like accepting that he was under the influence of drugs.”

It’s one thing to say that he was smoking a cigarette and a very different thing to say he was on drugs:

“I told her and told the judge that I was wrong, smoking a cigarette during class, but what I’m not gonna accept is that they’re accusing me of being on drugs.”

The boy’s mother says she just wants the district to hear her case.

UISD officials did release a statement saying the only way that an appeal can be requested is if the student is enrolled and attending the district’s Disciplinary Alternative Education Program or enrolled and attending another educational institution.

They also add that the results of a drug test done at a U.S. clinic may be offered as evidence but there is no guarantee the test will be admitted or considered.

No blood or urine sample is ever taken at the school for testing.