I need help.

[LynneDuchock]

What is the name of your state -Alabama

Our local middle school is trying to charge my daughter with a Class III violation of the code of conduct. This violation is due to a cigarette, lighter, and some pills they found in her purse. Her purse was stolen in February, and she reported it to a teacher plus a worker in the office. The purse was found on Friday. After not having it for a month, can she be held responsible for its contents, even after letting teachers and other personnel know it was missing?

 

[Ohiogal]

What is the name of your state -Alabama

Our local middle school is trying to charge my daughter with a Class III violation of the code of conduct. This violation is due to a cigarette, lighter, and some pills they found in her purse. Her purse was stolen in February, and she reported it to a teacher plus a worker in the office. The purse was found on Friday. After not having it for a month, can she be held responsible for its contents, even after letting teachers and other personnel know it was missing?

Was that stuff hers?

 

[LynneDuchock]

No. It still had her inhaler in the purse, so the school is holding her responsible.

 

[Antigone*]

No. It still had her inhaler in the purse, so the school is holding her responsible.

They are well within their right to hold her accountable for whatever violation they see fit.

This is just the beginning mom.

 

[LynneDuchock]

It just seems stupid to me that she made a report of it being missing a month ago, and suddenly it is found. Now they want to pin this on her. If she had been the owner of a gun, it had been stolen, and then used to shoot someone; she would not go to prison. Wouldn't you think that public school would be less severe?

They are well within their right to hold her accountable for whatever violation they see fit.

This is just the beginning mom.

 

[TheGeekess]

It just seems stupid to me that she made a report of it being missing a month ago, and suddenly it is found. Now they want to pin this on her. If she had been the owner of a gun, it had been stolen, and then used to shoot someone; she would not go to prison. Wouldn't you think that public school would be less severe?

"Pin this on her"....

Mom, what does a Class III violation get for punishment?

I found this on the BlountCo BOE site:

Discipline

Training that corrects, molds or perfects moral character.

The SIR (School Incident Report ) is designed by the State of Alabama to report occurrences at schools or school sponsored activities serious enough to result in:

A. the out-of-school suspension or expulsion of one or more students or
B. filing of an official report with law enforcement.
C. placement in an alternative program.
D. placement in an interim educational setting (SE only).
E. removal by Hearing Officer due to possibility of injury to self or others (SE only) .
F. corporal punishment.

All qualifying incidents are to be reported, even those with no student involvement.

Incidents that will be reported to the State Department through SIR are offenses which:
Are a violation of the law.
Represent a serious breach of the local board of education policies.
Incidents are those offenses considered severe enough to consider one of the
following:
Report to law enforcement officials.
Out-of-school suspension.
Expulsion.
Placement in an alternative program.
Placement in an interim educational setting (special education only)
Removal by Hearing Officer due to possibility of injury to self or others (special
Education Only)
Corporal Punishment

The SDE will collect data from schools/school systems on the following incidents:

* ALCOHOL
* POSSESSION-SALE/TRANSFER-USE
* ARSON
* ASSAULT
* BOMB THREAT
* BURGLARY/BREAKING AND ENTRY
* CRIMINAL MISCHIEF (VANDALISM)
* DEFIANCE OF AUTHORITY
* DISOBEDIENCE-PERSISTENT, WILLFUL
* DISORDERLY CONDUCT (OTHER THAN THOSE LISTED)
* DISRUPTIVE DEMONSTRATIONS
* DRUGS OTHER THAN ALCOHOL AND TOBACCO
* POSSESSION-SALE/TRANSFER-USE
* ELECTRONIC PAGER/UNAUTHORIZED
* COMMUNICATION DEVICE
* FIGHTING
* FIRE ALARM, TAMPERING WITH OR SETTING OFF
* GAMBLING
* HARASSMENT
* HOMICIDE (ON SCHOOL CAMPUS)
* INCITING OTHER STUDENTS TO CREATE A
* DISTURBANCE
* KIDNAPPING
* LARCENY/THEFT/POSSESSION OF STOLEN PROPERTY
* MOTOR VEHICLE THEFT OR UNAUTHORIZED USE
* PROFANITY OR VULGARITY
* ROBBERY
* SEXUAL BATTERY
* SEXUAL HARASSMENT
* SEXUAL OFFENSE
* THREATS/INTIMIDATION (OTHER THAN BOMB)
* TOBACCO PRODUCTS
* POSSESSION-SALE/TRANSFER-USE
* TRESPASSING
* TRUANCY/UNAUTHORIZED ABSENCE
* WEAPON
* POSSESSION-SALE/TRANSFER-USE
* FIREARM
* HANDGUN
* RIFLE/SHOTGUN
* FIREARM COMPONENT OR ATTACHMENT
* EXPLOSIVES, INCENDIARY, OR POISON GAS
* OTHER
* KNIFE
* OTHER/UNKNOWN
* OTHER OFFENSES RESULTING IN A SDE-DEFINED DISCIPLINARY

All incidents resulting in an SDE-defined disciplinary action and occurring on aschool campus, 365 days a year and 24 hours a day, are to be reported even if a student is not involved or the offender is unknown. Incidents from career/technical programs should be included.

 

[TheGeekess]

And just so we're all clear.... I also found this on the BlountCo BOE website:

CLASS III VIOLATIONS

3.01 Fighting on school grounds, buses or school-related functions or events
3.02 Inciting or participating in major student disorder-leading, encouraging or assisting in disruption which results in destruction or damage of private property or personal injury to participants or others.
3.03 Unjustified activation of fire alarm system or fire extinguisher
3.04 Possession, Sale or Use of tobacco products. First offense, one day suspension, second offense, 2 weeks alternative school, third offense, disciplinary hearing.
3.04 a Tobacco products, use
3.04 b Tobacco products, possession
3.04 c Tobacco products, sale
3.05 Unauthorized use of school computers/violation of Internet policy.
3.06 Indecent exposure of the human body on school property, buses or at school-sponsored events or functions.
3.07 Extortion-the act of obtaining service, money or information by the use of threats
3.08 Aggressive contact/assault which causes physical harm
3.09 Robbery-The taking of money or other property (may subject the student to larceny) from the person or custody of another by force, violence, assault, or putting in fear of same. Restitution will be required.
3.10 Theft of property-The intentional unlawful taking and/or carrying away of property valued at $50.00 or more belonging to or in the lawful possession or custody of another. Restitution will be required.
3.11 Possession, sale, use, furnishing, or giving of a prohibited item not listed above.
3.11 a Possession of a prohibited item not listed above
3.11 b Sale of a prohibited item not listed above
3.11 c Use of a prohibited item not listed above
3.11 d Giving of a prohibited item not listed above
3.12 Threats, harassment, intimidation, bullying
3.13 Multiple Class I and II violations will result in Class III sanctions


*Any other offense which the principal may deem reasonable to fall within this category after investigation and consideration of extenuating circumstances

CLASS III DISCIPLINARY SANCTIONS
Administrative responses for Class III violations may include, but are not limited to:


Out-of-school suspension
Alternative education program
Referral to outside agency, including the criminal justice system
Expulsion hearing
Restitution of property and damages where appropriate
Other sanctions deemed necessary or appropriate by school administration

Looks like Princess should aim for the alternative education program.

 

[TheGeekess]

It just seems stupid to me that she made a report of it being missing a month ago, and suddenly it is found. Now they want to pin this on her. If she had been the owner of a gun, it had been stolen, and then used to shoot someone; she would not go to prison. Wouldn't you think that public school would be less severe?

For all the school administrators know, Princess found her purse 15 minutes after reporting it missing.

As far as your gun/prison analogy? Nope, not working for me. Little bit more than that goes on.

 

[Ohiogal]

No. It still had her inhaler in the purse, so the school is holding her responsible.

Question -- do you know it wasn't hers because she told you it wasn't hers? Has she ever been drug tested?

 

[LynneDuchock]

I did take her to be tested, just to help prove her innocence. No drugs, no nicotine, nothing in her system.

A class III violation could get her expelled from the school system period.

I guess I will just go to the meeting and see what they have to say. Nothing more I can do.

 

[JustAPal00]

For all the school administrators know, Princess found her purse 15 minutes after reporting it missing.

As far as your gun/prison analogy? Nope, not working for me. Little bit more than that goes on.

I have to disagree with most of the posts on this thread. First off Geek, if she had found it 15 minutes later, I doubt she would have shown the contriband to the officials. While the school is not a courtroom, there is no way this evidence would stand up in court. If there is proof that she lost it and reported it a month ago. And the purse was found by someone else now, then it very easily could have been being carried by someone else durring that time.

 

[LynneDuchock]

hearing

I have to disagree with most of the posts on this thread. First off Geek, if she had found it 15 minutes later, I doubt she would have shown the contriband to the officials. While the school is not a courtroom, there is no way this evidence would stand up in court. If there is proof that she lost it and reported it a month ago. And the purse was found by someone else now, then it very easily could have been being carried by someone else durring that time.

Our first hearing was horrible. They tried to send her to alternative school. We were allowed to appeal, and the appeal officer rescinded the whole thing. He said that they had no proof, and that there were teachers who validated her claim of it being missing. So thankfully she went back to school today.

I can appreciate all points of view, and I appreciate all the help/advice given.

 

[TheGeekess]

I have to disagree with most of the posts on this thread. First off Geek, if she had found it 15 minutes later, I doubt she would have shown the contriband to the officials. While the school is not a courtroom, there is no way this evidence would stand up in court. If there is proof that she lost it and reported it a month ago. And the purse was found by someone else now, then it very easily could have been being carried by someone else durring that time.

She didn't show it to administration.... they searched the purse and found it.

 

[BOR]

I did take her to be tested, just to help prove her innocence. No drugs, no nicotine, nothing in her system.

A class III violation could get her expelled from the school system period.

I guess I will just go to the meeting and see what they have to say. Nothing more I can do.

School suspensions/expulsions are scrutinized under the Due Process Clause of the 14th AM.

If items were found in her purse a month later after reporting it missing/stolen, yes, there very well could have been an "interevening agent" to account for it. It hinges, or seems to, on the credibility/history of your daughter's character, etc.