Forced written statement

[coachdjo]

What is the name of your state (only U.S. law)? Delaware.

My daughter had a bad reaction near the end of her school day yesterday to what she thought was her prescription med she had brought in her purse from home. She was incoherent, dizzy, and nauseous. She was escorted to the nurse who called an ambulance which took her to the er. It turned out that the med was not what she thought it was (via urine test at er). They could not determine what exactly it was but had a few possibilities based on traces of a few things that showed up. She does not remember anything from the time shortly after she took the pills until vomiting in the ambulance on way to er. She was discharged today and is fine.

The principal is now conducting an investigation and wants my daughter to provide a written statement. I know from our conversation with him that they are leaning toward suspending her for code of conduct violation for having the pills on her and not turning them over to the nurse, which is in their guidelines but not in the code of conduct.

My questions:
1. Can the school force her to give a written statement? Why can't she just tell them what she knows?
2. Since we do not know what she took and there is no evidence, do they have grounds to suspend her? (One of the possibilities was probiotics, which is a nutritional supplement, not a drug.)
3. Is there anything else she should be cautious of when we meet with the principal?

 

[OHRoadwarrior]

Tell the principal that due to the potential fallout, from your daughter becoming ill while following instructions she was given, to protect her, you have advised her to exercise her right to remain silent and have forbidden her to give or sign any statement relating to the events in question. Further, that you have advised her to follow these instructions, when dealing with any school administrator, teacher, police officer or any other school agent.

I suggest you put this in writing.

 

[Free_Advice]

The idea that you have to give your prescription meds to a gov't worker is not right. What right does the guberment have to know what your medical condition is ?

And to give a statement, here's what I would write:

I choose not to provide any statement .



Simple.

 

[Humusluvr]

What is the name of your state (only U.S. law)? Delaware.

My daughter had a bad reaction near the end of her school day yesterday to what she thought was her prescription med she had brought in her purse from home. She was incoherent, dizzy, and nauseous. She was escorted to the nurse who called an ambulance which took her to the er. It turned out that the med was not what she thought it was (via urine test at er). They could not determine what exactly it was but had a few possibilities based on traces of a few things that showed up. She does not remember anything from the time shortly after she took the pills until vomiting in the ambulance on way to er. She was discharged today and is fine.

The principal is now conducting an investigation and wants my daughter to provide a written statement. I know from our conversation with him that they are leaning toward suspending her for code of conduct violation for having the pills on her and not turning them over to the nurse, which is in their guidelines but not in the code of conduct.

My questions:
1. Can the school force her to give a written statement? Why can't she just tell them what she knows?
2. Since we do not know what she took and there is no evidence, do they have grounds to suspend her? (One of the possibilities was probiotics, which is a nutritional supplement, not a drug.)
3. Is there anything else she should be cautious of when we meet with the principal?

So which was it? A prescription with the prescription pills in the bottle? Or something else? What did she come up positive for? Why would you suggest it was a probiotic?

If she does not give a written statement, they will take whatever she says, and record that. Your daughter can either write down what she did, or tell them what she did, but if she refuses to provide a written statement, that will not put her in a good light. I mean, WHY would a kid refuse to provide a statement, if she just took some prescription pills that she was under a doctor's order to take? Unless that ISN'T what she did, which is what it sounds like.

They are going to suspend her, for not turning in the pills to the nurse, but you should question whether they are going to expel her. Because in my experience as a principal, and with you two acting weaselly, that's what I would do.

The more you and your daughter lie, or attempt to disrupt the investigation, the harder the principal is going to throw the book at your kid. I would advise you to either tell the truth, or go into the meeting with the principal and not say one word. And let the principal investigate, and accept the outcome.

And get your kid into some drug counseling. Kids lie. Especially teenagers. If you don't nip this in the bud, you'll end up with a drug addicted, pathological liar with a parent that enables her. And we all know how that turns out *uh-hem, Lyndsey Lohan*

 

[Humusluvr]

The idea that you have to give your prescription meds to a gov't worker is not right. What right does the guberment have to know what your medical condition is ?

And to give a statement, here's what I would write:

I choose not to provide any statement .



Simple.

Oh yeah, great advice. Don't tell the ambulance that picks up your ODing kid at school what's in the medicine bottle. We all saw how great that turned out for Conrad Murray.

Geez, you all are giving some pretty jacked up advice. To a delusional or pathological parent with a kid with a drug problem, who's popping pills at school and she doesn't even know what they are.

 

[OHRoadwarrior]

So which was it? A prescription with the prescription pills in the bottle? Or something else? What did she come up positive for? Why would you suggest it was a probiotic?

If she does not give a written statement, they will take whatever she says, and record that. Your daughter can either write down what she did, or tell them what she did, but if she refuses to provide a written statement, that will not put her in a good light.

She is not refusing. She is following the instructions of her parent. Her providing further information could potentially subject her to criminal charges.


Yes, I have been through the school punishment process before, with two different children, on two different issues.

I mean, WHY would a kid refuse to provide a statement, if she just took some prescription pills that she was under a doctor's order to take? Unless that ISN'T what she did, which is what it sounds like.

Because the non mentioned person that advised her to take the bottle to school made an error as to its contents possibly. The school and police will never know if they are not provided more information than they already have. Likely she will be suspended. The point is to prevent giving further info that can used to prosecute or punish her or the parent even more.

They are going to suspend her, for not turning in the pills to the nurse, but you should question whether they are going to expel her. Because in my experience as a principal, and with you two acting weaselly, that's what I would do.

They are going to punish her to the extent they choose either way. By not making a further statement, you have the potential to appeal the principals punishment with the superintendent or school board as school policy dictates. Be aware there are tight deadlines on appeals.

The more you and your daughter lie, or attempt to disrupt the investigation, the harder the principal is going to throw the book at your kid. I would advise you to either tell the truth, or go into the meeting with the principal and not say one word. And let the principal investigate, and accept the outcome.

And get your kid into some drug counseling. Kids lie. Especially teenagers. If you don't nip this in the bud, you'll end up with a drug addicted, pathological liar with a parent that enables her. And we all know how that turns out *uh-hem, Lyndsey Lohan*

when the school involves the school police officer, they will be using any info obtained to press charges. remaining silent at the order of your parent is the only option that has room for backup.

 

[CdwJava]

What is the name of your state (only U.S. law)? Delaware.

My daughter had a bad reaction near the end of her school day yesterday to what she thought was her prescription med she had brought in her purse from home. She was incoherent, dizzy, and nauseous. She was escorted to the nurse who called an ambulance which took her to the er. It turned out that the med was not what she thought it was (via urine test at er). They could not determine what exactly it was but had a few possibilities based on traces of a few things that showed up. She does not remember anything from the time shortly after she took the pills until vomiting in the ambulance on way to er. She was discharged today and is fine.

And she has not provided any information on what the substance was or how she got it? Really?

I suspect the laws in your state prohibit students from bringing prescription meds from home onto campus even if they are prescribed. And if she did grab the wrong pills (multiple pills?!?), whose DID she grab? And why were they laying in her purse apparently loose? Most prescriptions come in a bottle and it would make sense to bring the bottle if prescriptions were permitted on campus for some peculiar reason.

Sorry, but this story doesn't smell right.

The principal is now conducting an investigation and wants my daughter to provide a written statement. I know from our conversation with him that they are leaning toward suspending her for code of conduct violation for having the pills on her and not turning them over to the nurse, which is in their guidelines but not in the code of conduct.

Probably also supported by state law, too.

So far, she's lucky the police have not gotten involved.

1. Can the school force her to give a written statement? Why can't she just tell them what she knows?

As I am not in your state nor have I read the school district's policies on such matters, I cannot say for certain. However, in every district I know of out here the administration can require a student to provide a written statement. if the student refuses to provide such a statement, then there could potentially be administrative penalties up to and including expulsion (depending on the severity of the offense, of course). There would be an opportunity to appeal such a result, however.

2. Since we do not know what she took and there is no evidence, do they have grounds to suspend her? (One of the possibilities was probiotics, which is a nutritional supplement, not a drug.)

That depends on what school policies and state law says. My guess is that they can certainly suspect the use of illicit drugs and can act accordingly. You can hire an attorney to assist in your appeal any determination by the school or district if you choose.

3. Is there anything else she should be cautious of when we meet with the principal?

Since it is very likely that she knows what she took, she should probably keep silent about the whole matter. Understand that criminal charges might still be a possibility if the hospital has a positive chemical test showing illicit substances or medication in her system. It might be best to consult with an attorney first. You certainly do not want her to go in and lie, do you? And if she knows what it was and she lies about it, and they catch her in that lie, bad things can happen.

 

[cyjeff]

For what it is worth... the reason the nurse keeps everyone's meds is to not only make sure the child takes the right amount at the right time but to also make sure drugs are not sold.

That's right.... sold.

As a parent, if you do not wish to turn the drugs over to the nurse, don't. But then be there to administer the drugs yourself.

 

[Humusluvr]

For what it is worth... the reason the nurse keeps everyone's meds is to not only make sure the child takes the right amount at the right time but to also make sure drugs are not sold.

That's right.... sold.

As a parent, if you do not wish to turn the drugs over to the nurse, don't. But then be there to administer the drugs yourself.

or stolen. If a kid finds out your daughter has a purse full of pain meds, or adderoll, or some other drug (because you don't seem to know what she took), that student could steal your daughter's meds.

Pills are a huge problem in schools. This isn't the old days where kids just took their insulin and got on with their day. Kids are ODing, stealing, selling, and losing meds. Legally, the school HAS to confiscate all meds.

 

[tranquility]

I almost completely agree with Humuslvr. The only difference comes in with:

They are going to suspend her, for not turning in the pills to the nurse, but you should question whether they are going to expel her. Because in my experience as a principal, and with you two acting weaselly, that's what I would do.

I agree the kid will be suspended. But, if expelled, I suspect (since we cannot arbitrarily deny a person the right to education) it is for a named violation of law or school code and not because those two were acting weaselly.

If a principal actually said something so silly (I know Humuslvr was not acting as a principal as the above was written and, from other posts, would probably modify the statement to comply with the statute/law/guideline which is the legal reason for the expulsion.), they would be toast.

Failing to cooperate with an investigation might be something to expel a student for if that were allowed in the particular situation. Acting weaselly is not.

 

[cyjeff]

I almost completely agree with Humuslvr. The only difference comes in with:
I agree the kid will be suspended. But, if expelled, I suspect (since we cannot arbitrarily deny a person the right to education) it is for a named violation of law or school code and not because those two were acting weaselly.

If a principal actually said something so silly (I know Humuslvr was not acting as a principal as the above was written and, from other posts, would probably modify the statement to comply with the statute/law/guideline which is the legal reason for the expulsion.), they would be toast.

Failing to cooperate with an investigation might be something to expel a student for if that were allowed in the particular situation. Acting weaselly is not.

you are correct. Students have a right to an education.

The transfer of a student to an alternate school and/or in home schooling is not outside the realm of possibility.

 

[ecmst12]

Probiotics do not cause memory loss, by the way.