Did school handle situation correctly? Should I seek legal counsel?

[scgirl21550]

State: South Carolina
My son and some friends were involved in a situation in school where another student was passing out pills from a baggie he brought from home. According to my son, instead of creating a bad situation by refusing to take the pill from the boy he put it in his mouth to hide it from the teachers and went immediately to the toilet to spit it out and flush it. How true this is I have no idea. I understand that my son should be punished because he didn't handle this correctly; but my problem with the whole situation is that he nor any of the other students accused of putting these pills in their mouths were taken to the nurse to see if they were alright. They were sent immediately to the discipline office. I was contacted; but unable to get to my phone while at work I missed my son being questioned and completing his statement. In the real world if this would have happened he would not have been questioned without me or an attorney present. At the time of my meeting with the principal he was unaware of the type of pill my son had put into his mouth. He and the other students are scheduled for a hearing and we are unable to see any of the information from our own children or the witnessess before the hearing to present our cases. I know that things are handled differently in schools than in the "real world" but they could have eaten LSD or any type of pill that takes effect immediately after hitting the tongue. This could have been disastrous if that were the case or even if he was allergic. This is just one incident. Earlier in the month my son was witness to another student bringing a knife into school and had to write a statement against this student and what he saw. I was not told about this until a week ago when my son told me. This could have been a very bad situation if this other child who brought the knife into school found out that my son was involved and I couldn't have protected him since I didn't know. I feel that these situations were not handled correctly and would like to know if I should have legal counsel for him at his hearing. Please help! Any information you can give me would help me and the other parents tremendously! In the event you need the information, this is in the state of South Carolina. Thank you!

 

[Just Blue]

State: South Carolina
My son and some friends were involved in a situation in school where another student was passing out pills from a baggie he brought from home. According to my son, instead of creating a bad situation by refusing to take the pill from the boy he put it in his mouth to hide it from the teachers and went immediately to the toilet to spit it out and flush it. How true this is I have no idea. I understand that my son should be punished because he didn't handle this correctly; but my problem with the whole situation is that he nor any of the other students accused of putting these pills in their mouths were taken to the nurse to see if they were alright. They were sent immediately to the discipline office. I was contacted; but unable to get to my phone while at work I missed my son being questioned and completing his statement. In the real world if this would have happened he would not have been questioned without me or an attorney present. At the time of my meeting with the principal he was unaware of the type of pill my son had put into his mouth. He and the other students are scheduled for a hearing and we are unable to see any of the information from our own children or the witnessess before the hearing to present our cases. I know that things are handled differently in schools than in the "real world" but they could have eaten LSD or any type of pill that takes effect immediately after hitting the tongue. This could have been disastrous if that were the case or even if he was allergic. This is just one incident. Earlier in the month my son was witness to another student bringing a knife into school and had to write a statement against this student and what he saw. I was not told about this until a week ago when my son told me. This could have been a very bad situation if this other child who brought the knife into school found out that my son was involved and I couldn't have protected him since I didn't know. I feel that these situations were not handled correctly and would like to know if I should have legal counsel for him at his hearing. Please help! Any information you can give me would help me and the other parents tremendously! In the event you need the information, this is in the state of South Carolina. Thank you!

What was the result of your sons blood test? What was the "pill"?

 

[TheGeekess]

State: South Carolina
My son and some friends were involved in a situation in school where another student was passing out pills from a baggie he brought from home. According to my son, instead of creating a bad situation by refusing to take the pill from the boy he put it in his mouth to hide it from the teachers and went immediately to the toilet to spit it out and flush it. How true this is I have no idea. I understand that my son should be punished because he didn't handle this correctly; but my problem with the whole situation is that he nor any of the other students accused of putting these pills in their mouths were taken to the nurse to see if they were alright. They were sent immediately to the discipline office. I was contacted; but unable to get to my phone while at work I missed my son being questioned and completing his statement. In the real world if this would have happened he would not have been questioned without me or an attorney present. At the time of my meeting with the principal he was unaware of the type of pill my son had put into his mouth. He and the other students are scheduled for a hearing and we are unable to see any of the information from our own children or the witnessess before the hearing to present our cases. I know that things are handled differently in schools than in the "real world" but they could have eaten LSD or any type of pill that takes effect immediately after hitting the tongue. This could have been disastrous if that were the case or even if he was allergic. This is just one incident. Earlier in the month my son was witness to another student bringing a knife into school and had to write a statement against this student and what he saw. I was not told about this until a week ago when my son told me. This could have been a very bad situation if this other child who brought the knife into school found out that my son was involved and I couldn't have protected him since I didn't know. I feel that these situations were not handled correctly and would like to know if I should have legal counsel for him at his hearing. Please help! Any information you can give me would help me and the other parents tremendously! In the event you need the information, this is in the state of South Carolina. Thank you!

Really? What version of the world is your son in, if not the REAL world? And, no, you would not be necessary nor would an attorney.

 

[scgirl21550]

The pill was actually just a cold medicine. I didn't find this out until four days afterward. Another one of the reasons I'm upset. I would have given him a drug test to prove his innocence had the principal followed up with me to let me know what type of drugs they were. I was told that when he found out I would be told and actually had to find out by reading it in his expulsion hearing paperwork; which incidentally had the incorrect address of the hearing on it.

 

[scgirl21550]

Thank you TheGeekess. When I mentioned the "real world" I meant that he is not an adult and this is not an outside of the school situation. I do realize that his actions have consequences and he will be held responsible for those actions, he's not innocent and I am not saying he is. I would just like to know if this was handled correctly. And thank you for your input, anything I get helps me know what steps to take.

 

[TheGeekess]

When I mentioned the "real world" I meant that he is not an adult and this is not an outside of the school situation. I do realize that his actions have consequences and he will be held responsible for those actions, he's not innocent and I am not saying he is. I would just like to know if this was handled correctly.

Read your student handbook. It explains the acceptable behavior and consequences for unacceptable behavior. You and your son both had to sign a piece of paper and return it to the school stating that you had read and understood the rules students must exist by in the school.

Love Junior's story by the way. Don't believe a word of it.

 

[scgirl21550]

I have looked into everything, have read and re-read the policy on drugs/possession, and I do remember signing that form. Again I am by no means saying that my child is innocent; but he is my child and I am going to stand up for him. I'm not him and I wasn't there, I just want to know if this/these situation(s) were handled correctly. The handbook doesn't state how the situation is to be handled by the school so I want to make sure that in the future, after this, it's all spelled out in black and white. I want to help the other children involved too and would just like some friendly advice. Again, I appreciate all you've provided me with.

 

[Proserpina]

I have looked into everything, have read and re-read the policy on drugs/possession, and I do remember signing that form. Again I am by no means saying that my child is innocent; but he is my child and I am going to stand up for him. I'm not him and I wasn't there, I just want to know if this/these situation(s) were handled correctly. The handbook doesn't state how the situation is to be handled by the school so I want to make sure that in the future, after this, it's all spelled out in black and white. I want to help the other children involved too and would just like some friendly advice. Again, I appreciate all you've provided me with.

I do not see that you have any legal recourse against the school. Nor was it required that the school contacted you before speaking with your son.

 

[Isis1]

I have looked into everything, have read and re-read the policy on drugs/possession, and I do remember signing that form. Again I am by no means saying that my child is innocent; but he is my child and I am going to stand up for him. I'm not him and I wasn't there, I just want to know if this/these situation(s) were handled correctly. The handbook doesn't state how the situation is to be handled by the school so I want to make sure that in the future, after this, it's all spelled out in black and white. I want to help the other children involved too and would just like some friendly advice. Again, I appreciate all you've provided me with.

your child took a whole week to tell you about the knife incident. wow....that was on him. not the school.


as for "spitting the pill out". HA HA! very cute. he would have gotten a drug test THAT day. mine boasted of drug use. he got tested. came out clean. there's also another drug test sitting in my bathroom medicine cabinet ready for use now. i'm not playing.

the school acted properly and within the laws. you are not legally required to be there as this is not a legal procedure.

 

[OHRoadwarrior]

Further disciplinary rules can usually be found on the school districts web site.

My son has a disability. It was diagnosed at the same time his new principal attempted to slam him hard with a behavior violation. After cleaning the mess up with a lawyer, I sent in a statement to the school advising them my son was exercising his right to remain silent and they were not to question my son, without my being present, for any issue other than missed homework. You can Google the topic to find examples and create your own version. My son has never had another problem with that principal and after getting his meds adjusted, is taking advanced classes, getting great grades and socialized well.

 

[Zigner]

I sent in a statement to the school advising them my son was exercising his right to remain silent and they were not to question my son, without my being present, for any issue other than missed homework.

Of course, that has no legal effect. You haven't found that out yet because your son is doing well now.

 

[Antigone*]

If mom was so darned worried about her son's health why didn't she leave the school with her son and go directly to the ER. I am not buying mom's concern. This is just an example of a parent not wanting to hold their child accountable for their actions. It is much easier to blame the school than to face the real problem - their child.

No legal counsel necessary for the reasons you desire. However, you may need legal counsel to represent your son.

 

[tranquility]

State: South Carolina
I was contacted; but unable to get to my phone while at work I missed my son being questioned and completing his statement. In the real world if this would have happened he would not have been questioned without me or an attorney present.

Why do you say that? In the "real world" if your son were suspected of a crime the police could certainly question him without you or his attorney present and without you being notified. (Although if taken into custody, there are rules on how quickly you would be notified.)

As to the rest, it will be a school hearing to determine if your son will be suspended or expelled. Such a hearing is to protect due process regarding attendance rights, but it is not going to go the same way as criminal court with the rights and protections there. I believe you have the right to an attorney. But, I'm not sure how that helps at this point. But, you never know.

 

[tranquility]

Further disciplinary rules can usually be found on the school districts web site.

My son has a disability. It was diagnosed at the same time his new principal attempted to slam him hard with a behavior violation. After cleaning the mess up with a lawyer, I sent in a statement to the school advising them my son was exercising his right to remain silent and they were not to question my son, without my being present, for any issue other than missed homework. You can Google the topic to find examples and create your own version. My son has never had another problem with that principal and after getting his meds adjusted, is taking advanced classes, getting great grades and socialized well.

Just because it worked out does not mean it is from your invalid invocation of "rights".

 

[OHRoadwarrior]

Of course, that has no legal effect. You haven't found that out yet because your son is doing well now.

Actually it does indirectly. Administrators tend to intimidate students into making and signing confessions. By giving the school advance notice and your child being aware they have that right, the student simply needs to reply to the coercion that they were told by their parent to exercise their right to remain silent and not make or sign any statements unless their parent is present. As a matter of fact, at an expulsion hearing once, I had our superintendent stand up yelling, banging on the table yelling that I could not tell my son to remain silent, that he had to give testimony they could use to punish him. I calmly looked at him after his tantrum and politely inquired if he was done, so we could continue with their railroading of my son. Whether you are aware of it, testimony to a school administrator can be used as evidence in a criminal prosecution, regardless of whether the school police officer is present at that time.