question about mandatory substance abuse class

[MDType]

What is the name of your state? Virginia

My son was involved in an incident at school. A young lady brought Vodka (not confirmed) in a Root Beer bottle to "share" with her friends. She carried it through the school until it reached the lunch table where my child sits. He didn't believe the kids that it had "alcohol" so he took a SIP. He said gross and put the bottle back down. The other children who passed it around from homeroom to lunch got the same amount of suspension. The girl who brought the "drink" was expelled. The girl has admitted to putting alcohol in the bottle at her home before school. My first argument was that since my child did not witness her putting the alcohol in the bottle, he did not "know without a doubt" that alcohol was in the bottle and since it was placed in another bottle (rootbeer), he should not have received the same punishment. He has on his record USE/Posession of Alcohol!

He was suspended for 11 days which he has completed. Now, the school says he must complete an approved substance abuse class for 9 weeks with a PARENT. I really would not want him exposed to any more knowledge that he is ready for right now (he is 13 and does not go out with friends). In addition, my husband and I both refuse to go because we don't feel we did anything wrong.

When we looked over the Code of Conduct for the school, it states that the child must complete this course but nothing mentions the parents. Do we have any legal rights?

A form was sent home but it does not state any consequences to NOT taking the class or when the class must be completed by. It also states on the form that another "approved" class can be taken at our expense, but it doesn't state WHO approves it.

We just don't want any surprises.

Please advise!

Thank you,
MLM

 

[ENASNI]

Um

What is the name of your state? Virginia

My son was involved in an incident at school. A young lady brought Vodka (not confirmed) in a Root Beer bottle to "share" with her friends. She carried it through the school until it reached the lunch table where my child sits. He didn't believe the kids that it had "alcohol" so he took a SIP. He said gross and put the bottle back down. The other children who passed it around from homeroom to lunch got the same amount of suspension. The girl who brought the "drink" was expelled. The girl has admitted to putting alcohol in the bottle at her home before school. My first argument was that since my child did not witness her putting the alcohol in the bottle, he did not "know without a doubt" that alcohol was in the bottle and since it was placed in another bottle (rootbeer), he should not have received the same punishment. He has on his record USE/Posession of Alcohol!

He was suspended for 11 days which he has completed. Now, the school says he must complete an approved substance abuse class for 9 weeks with a PARENT. I really would not want him exposed to any more knowledge that he is ready for right now (he is 13 and does not go out with friends). In addition, my husband and I both refuse to go because we don't feel we did anything wrong.

When we looked over the Code of Conduct for the school, it states that the child must complete this course but nothing mentions the parents. Do we have any legal rights?

A form was sent home but it does not state any consequences to NOT taking the class or when the class must be completed by. It also states on the form that another "approved" class can be taken at our expense, but it doesn't state WHO approves it.

We just don't want any surprises.

Please advise!

Thank you,
MLM

Please understand how I am responding to this. It is my first reaction and you need to see how it looks from other perspectives.
You have the story from your son. His side and his telling his parent what happened.
He was curious.. He drank from the bottle, because he wanted to find out if it was true. He could have said no.

I do not understand this sentence:I really would not want him exposed to any more knowledge that he is ready for right now (he is 13 and does not go out with friends).

At thirteen the kids are usually getting the MADD information and the DARE pamphlets already.

Legally... I am at a loss, I am sorry. There are lawyers here that can tell you if you can circumvent the system. If this is a public school, I be there are loopholes, but state laws do have strong grips on drugs being on school property and alcohol is a drug, and your child did partake.
I for one would want to go to the classes with my child to explain anything they may find overwhelming, not thinking it as a punishment to me.

Just my perspective.

 

[MDType]

In response....

The statement as to what happend came from all students involved. Each child gave their version of what happened and this was the conclusion. Not my son's version. You are right, he could have said no and I think he should have been punished for taking a sip of something he did not know what it was.

The substance abuse class is for all substances - DRUGS AND ALCOHOL. I really don't think he needs any education in that department.

If this was about peer pressure, I would be the first one to sign my child up but it wasn't about that. He didn't even have anybody pressuring him to drink it - there are witnesses to that fact. He was just proving somebody wrong, in his own words.

Why should I have to go sit in a class (seperate from my child - because they seperate the parents from the children) for 2 1/2 hours for 9 weeks because my son took ONE SIP! If they want him to go to the class, fine. I did sign the CODE of CONDUCT but it doesn't say anything about a parent attending the class.

Who knows what kind of questionable people he will meet at this sort of meeting!?!?!?

 

[ENASNI]

In response....


The substance abuse class is for all substances - DRUGS AND ALCOHOL. I really don't think he needs any education in that department.

If this was about peer pressure, I would be the first one to sign my child up but it wasn't about that. He didn't even have anybody pressuring him to drink it - there are witnesses to that fact. He was just proving somebody wrong, in his own words.

Who knows what kind of questionable people he will meet at this sort of meeting!?!?!?

Kid #1: Here Gordy... try This Pill , It makes you happy.
Gordy: No it doesn't
Kid # 1: Yes it does! I swear!
Gordy: I bet it doesn't. Let me try it!
Kid # 1 But I didn't make him do it... he wanted to prove me wrong!

Gordy's Brain

 

[MDType]

Since this is a LEGAL FORUM, I would like a LEGAL opinion as to whether we are required to take the class, not a personal opinion on what someone SHOULD do or what you THINK happened. Truth is, he was NEVER offered a sip!

 

[EvilWizard]

He didn't believe the kids that it had "alcohol" so he took a SIP. He said gross and put the bottle back down.

Kid 1 said there was alcohol in it so your son took a sip to "find out..." So how was he not offered a sip. Are you trying to say now that your son was given the root beer and had no idea that alcohol was in it.

Yes your son has to attend the class.

 

[HomeGuru]

Since this is a LEGAL FORUM, I would like a LEGAL opinion as to whether we are required to take the class, not a personal opinion on what someone SHOULD do or what you THINK happened. Truth is, he was NEVER offered a sip!

**A: you are in the s tat e of denial. Now as for your legal opinion, you are required to take the class.

 

[MDType]

Are you kidding me? Denial over a SIP! Yeah, that's one to be in denial about. Are All of you saying you NEVER took a sip as a younger person? Let's all be honest!!!!

I would like to know what legal grounds the county has to require the parents to attend the class. If they want him to attend, since he did take a sip, that's different. The Code of Conduct states "the student shall be required to complete ***** class"

Another theory - girl brings ADVIL to school, but doesn't take it through the clinic. Girl gets a headache and takes an Advil. Teacher sees girl. Girl then gets 11 days suspended and has to take the mandatory substance abuse class. Same opinion?

 

[ENASNI]

Otay Buckwheat

Are you kidding me? Denial over a SIP! Yeah, that's one to be in denial about. Are All of you saying you NEVER took a sip as a younger person? Let's all be honest!!!!

I would like to know what legal grounds the county has to require the parents to attend the class. If they want him to attend, since he did take a sip, that's different. The Code of Conduct states "the student shall be required to complete ***** class"

Another theory - girl brings ADVIL to school, but doesn't take it through the clinic. Girl gets a headache and takes an Advil. Teacher sees girl. Girl then gets 11 days suspended and has to take the mandatory substance abuse class. Same opinion?

Now I am thinking this is a homework assignment. You are being too argumentative and it sounds too much like this blog.

http://www.oblivion.net/oblivion/7/98spr10.html

We DON'T Do Homework!
If it is not homework.

We do not like Cleopatras... Go home back to Da NILE.

 

[MDType]

I hear ya spanky....

POINT TAKEN!

Nobody said life was fair!

 

[stealth2]

For starters, I can almost guarantee that your son has already had exposure to drug & alcohol information through school. I suspect that the school is requiring the parents to sit through the class is so that they can learn ways to help their kids avoid making the same mistake twice, how to recognize signs of an abuse problem, etc.

Your son may not be as sheltered as you seem to think he is - just better at hiding it than you realize. If this were my 13yo son (yes, I have one, for one more week), I would welcome the opportunity to gain more information on how to protect my kid from potential bad choices. I sure wouldn't look on it as a punishment.

As for the Advil question - yep, I'd support the same punishment if only to help my child learn why the school policies are as they are.

 

[BelizeBreeze]

The 1999 Session of the General Assembly enacted § 22.1-209.1:9. The purpose of the Program is "to provide interim instructional programs, intervention, and supervision for students in the public schools who have been suspended, excluded or expelled from school attendance."

The Program is to "consist of five regional projects located throughout the Commonwealth." Students are eligible to attend the Program if recommended by the local school board, ordered by a court in the Commonwealth, or enrolled in the Program by a parent. The Department of Education is to administer the Program and is authorized to establish a fee schedule based on a parent’s ability to pay, with waivers to be granted if the parent cannot afford the costs.

Section 22.1-209.1 indicates a legislative intent that programs providing intervention and supervision for students who have been suspended or expelled are to be administered by the Department of Education, with any charge for a student’s participation in the program imposed in accordance with the fee schedule established by the Department.

It is thus my opinion that, under current law, the Board of Education may not authorize a local school board to establish a program that conditions a suspended student’s participation in the program on the parents’ payment of the costs of the participation.

However, they may authorize and require that your student attend such classes before being reinstated under the current law. As to your required participation, that depends entirely on the School Boards code of conduct and or rules governing behavior which is a subject you will need to take up with the school board.

As to the board's legal right to impose such policy, that is well settled in Virginia case law.

 

[HomeGuru]

POINT TAKEN!

Nobody said life was fair!

**A: especially if you are in denial.