The Toronto District School Board filed the papers for a court hearing about the incident at Emery Collegiate that is set to begin tomorrow. The parents of two students are asking a judge to allow their sons to return to the school, saying their children weren't given the opportunity to tell their side of the story before being arrested by police, suspended by the school and later transferred to another. In court documents, the board says that "both before and after Dec. 1, 2005, there have been incidents within the Emery community where students have been involved in gang activities, have had weapons- including guns - at school, and have been involved in various other criminal activities." "When a safety risk presents itself, the principal must be able to respond quickly and proactively to take steps to protect the students and others at Emery," the board's court documents say. The accounts of both the students and school officials surrounding the alleged incident are now public after a judge last week rejected the board's request to keep the court file for the hearing sealed. On one hand, the parents of the two youths allege in court documents that their sons - aged 14 and 17 at the time - were held without their knowledge for four hours in the principal's office, before being arrested and taken into custody. Both parents also claim in court documents that neither the principal nor the police interviewed the two youths after hearing another student's account of being assaulted and thrown into a window. The mother of the 14-year-old says in an affidavit that she wants her son to remain at Emery because "he has developed a relationship with his teachers and with his fellow students" and that his permanent removal will cause further "disruption." The same mother also accuses the board of having "inappropriately labelled and criminalized" her son and of "negatively affecting his dignity and self-respect." The students' lawyers claim in court documents that the youths may be victims of racial discrimination, citing an Ontario Human Rights Commission report that concludes the Safe Schools Act and policies at schools boards are disproportionately affecting minority students. The youths' lawyers also argue that school officials could have protected safety at the school, while also protecting the legal rights of the students under investigation. The board, however, in court documents says the school acted "legally and fairly," and that principal Louie Papathanasakis had "very serious concerns" for the safety of the student who made the complaint - including the student's concern of being "further physically hurt or intimidated." The board also insists Papathanasakis acted properly because the two youths had eight suspensions between them in the most recent complete academic year, because the complainant said there had been a death threat from one of them, and because there were concerns that if they were allowed to return to the school, "they could be involved in future violent incidents." "They (the officials) must act in the best interests of all pupils of Emery," not only the two youths, the board's court documents say. It also says there's "no evidence" that school officials acted in bad faith or in a discriminatory manner, and that there's "no evidence" that suspending and transferring students has a "disproportional impact on racialized youth." Three judges of Ontario's Divisional Court will hear the case.