Student expelled for loaning inhaler reaches deal with school

Student expelled for loaning inhaler reaches deal with school


By Chris Adams
ABC13 Eyewitness News
(10/10/03 - CONROE) - A Conroe teenager got the nation's attention when his
girlfriend had an asthma attack and he let her borrow his inhaler.
Brandon Kivi was expelled from school for loaning his girlfriend Andra
Ferguson his asthma inhaler.


But he got more than that. He got expelled from school and a felony charge.
It's all about 'zero tolerance' and it was the focus of a hearing that was
supposed to take place Friday. But instead of that hearing, a deal was
worked out.

"What they did to my son is unfair," said Theresa Hock, whose son was
expelled from school. "I'm still angry."

She's the mother of 15-year-old Brandon Kivi, speaking after the Caney Creek
High School student was expelled.

"It's basically a probationary expulsion that fits the letter of the law,
but the most important thing is that he can attend school at Caney Creek
High School next week," said Caney Creek Principal Greg Poole.

"I was expelled, but I'm home schooled (now), so I won't be coming back to
Caney Creek," said Kivi. "That's final. I hope the principal hears this,
too."

Kivi suffers from asthma, as does his girlfriend 15-year-old Andra Ferguson.
When she suffered an attack at school, Brandon loaned her his inhaler.

"I did need it and I still think he did the right thing," said Ferguson. "He
was just doing good."

The school nurse reported him and he was arrested by police. He was accused
of distributing a dangerous drug. Those charges have since been dropped.

Now the principal's announced a deal. "We contended all along that there
were mitigating circumstances involved in this case. I believe that a fair
resolution was reached," said Greg Poole.

Still, Brandon's mother isn't happy, and she hasn't ruled out a lawsuit
against the district.

"I won, in a way," said Theresa Hock. "But what they done to my son was
unfair. I'm still angry."
(Copyright © 2003, KTRK-TV)

"It's basically a probationary expulsion
that fits the letter of the law,

Satisfies the letter of the law? WHY?
Is this just to prevent the letter of law from looking idiotic?
Or to prevent the school from looking idiotic?
The SPIRIT of the law is supposed to be paramount.

but the most important thing is that he can
attend school at Caney Creek High School next
week," said Caney Creek Principal Greg Poole.

vs.

"I was expelled, but I'm home schooled (now),
so I won't be coming back to Caney Creek," said
Kivi. "That's final. I hope the principal hears
this, too."

Aha! I LOVE it! The school "allows" him back and
the kid and parents sent their "up yours!" message!

In America, Land of the FREE and Home of the BRAVE,
some new awareness has developed about bureaucracy.

Those charges have since been dropped.

Duh!

hasn't ruled out a lawsuit against the district.

Yes, but the GIRL's mother would have the BIG law suit!
And since they are suck pricks about
"the letter of the law" the girls mother
should make them eat it.

"I won, in a way," said Theresa Hock.
"But what they done to my son was
unfair. I'm still angry."

Americans should never have to endure one second of
this sort of fear of mindless bureaucratic stupidity.
It's a form of domestic terrorism.

"billy f" wrote in message
news
Student expelled for loaning inhaler reaches deal with school


By Chris Adams
ABC13 Eyewitness News
(10/10/03 - CONROE) - A Conroe teenager got the nation's attention when
his
girlfriend had an asthma attack and he let her borrow his inhaler.
Brandon Kivi was expelled from school for loaning his girlfriend Andra
Ferguson his asthma inhaler.


But he got more than that. He got expelled from school and a felony
charge.
It's all about 'zero tolerance' and it was the focus of a hearing that was
supposed to take place Friday. But instead of that hearing, a deal was
worked out.

"What they did to my son is unfair," said Theresa Hock, whose son was
expelled from school. "I'm still angry."

She's the mother of 15-year-old Brandon Kivi, speaking after the Caney
Creek
High School student was expelled.

"It's basically a probationary expulsion that fits the letter of the law,
but the most important thing is that he can attend school at Caney Creek
High School next week," said Caney Creek Principal Greg Poole.

"I was expelled, but I'm home schooled (now), so I won't be coming back to
Caney Creek," said Kivi. "That's final. I hope the principal hears this,
too."

Kivi suffers from asthma, as does his girlfriend 15-year-old Andra
Ferguson.
When she suffered an attack at school, Brandon loaned her his inhaler.

"I did need it and I still think he did the right thing," said Ferguson.
"He
was just doing good."

The school nurse reported him and he was arrested by police. He was
accused
of distributing a dangerous drug. Those charges have since been dropped.

Now the principal's announced a deal. "We contended all along that there
were mitigating circumstances involved in this case. I believe that a fair
resolution was reached," said Greg Poole.

Still, Brandon's mother isn't happy, and she hasn't ruled out a lawsuit
against the district.

"I won, in a way," said Theresa Hock. "But what they done to my son was
unfair. I'm still angry."
(Copyright © 2003, KTRK-TV)


Once charges were filed, if the laws there are as they are here, the school
had no choice. A felony on school property requires a 1 yr board
suspension/assignment to an alternative program. The board could, given
mitigating circumstances, reinstate the students and expunge the
record-which seems to be what is happening in this case.

Like it or not, the LAW makes no distinction between giving another child
your inhaler and a student giving another child his ritalin (which is one of
the most common drugs of abuse in this part), and only a mild one between
giving a child ritalin and giving a child a rock of crack cocaine (the
latter would not only have distribution charges filed, but possession on
both parts as well).

I don't think the mother has any grounds whatsoever for a lawsuit. The
policy is almost certainly written in the school district's code of conduct,
and the parent almost certainly had to sign it at registration.

(Greg Hanson) wrote in message . com...
"It's basically a probationary expulsion
that fits the letter of the law,

Satisfies the letter of the law? WHY?

Because people like it when other people's behavior is somewhat
predictable. That is the point of the law. Do you find traffic lights
and signs an inconvenience too?

Is this just to prevent the letter of law from looking idiotic?

People, such as you, look idiotic. Laws are simply effective or not on
a sliding scale.

Or to prevent the school from looking idiotic?
The SPIRIT of the law is supposed to be paramount.

Actually that is exactly what we can expect from you. It goes well
with your view of the flexibility of punishments meted out to six and
seven year old naked little girls being cold showered.

but the most important thing is that he can
attend school at Caney Creek High School next
week," said Caney Creek Principal Greg Poole.

vs.

"I was expelled, but I'm home schooled (now),
so I won't be coming back to Caney Creek," said
Kivi. "That's final. I hope the principal hears
this, too."

Aha! I LOVE it! The school "allows" him back and
the kid and parents sent their "up yours!" message!

Of course you love it. But you don't really understand it. This isn't
an unusual move in such instances, where the state and the parents
clash. It's been going on for a hundred years or more in this country.
ONE of the reasons to homeschool is the failure, in individual cases,
of the public school.

It's the American way...and you act all surprized.

In America, Land of the FREE and Home of the BRAVE,
some new awareness has developed about bureaucracy.

New awareness? Puleez...Awareness is dropping not rising.
Homeschoolers are one of the prime examples of the preservation of
freedom.

Those charges have since been dropped.

Duh!

Stop pretending you understand what is going on.

hasn't ruled out a lawsuit against the district.

Yes, but the GIRL's mother would have the BIG law suit!

For what? Her daughter forgetting her own meds?

Your claim that the state is an idiot is easily surpassed by your
lowlife "let's sue'em" solution.

And since they are suck pricks about

Aw, you went and spoiled your clean little girl showerer image. The
Plant should be along any moment now with a shaking twig and an
admonishion for rude language.

"the letter of the law" the girls mother
should make them eat it.

Probably will try, if they are your kind.


"I won, in a way," said Theresa Hock.
"But what they done to my son was
unfair. I'm still angry."

Americans should never have to endure one second of
this sort of fear of mindless bureaucratic stupidity.
It's a form of domestic terrorism.

Hyperbole. It's nothing of the sort. It's following the law. Rules,
something you seem to have a terrible time with.

So why aren't you down their leading their fight to sue CPS, the
school, the school board? You chicken?

Kane

Greg Hanson wrote:

Satisfies the letter of the law? WHY?
Is this just to prevent the letter of law from looking idiotic?
Or to prevent the school from looking idiotic?
The SPIRIT of the law is supposed to be paramount.

The spirit of the law in this case says that a 15 year old isn't
considered to have enough training and judgment to dispense prescription
drugs and is therefore not allowed to do it, even if he THINKS he knows
enough.

Donna's right, the kids dispensing stuff in the halls (and I used to be
one of them) are too sure they know the real scoop on pharmaceuticals and
there's a pretty blurry line between Tylenol Cold Medicine and Black
Beauties.

Wendy, who still carries an impressive first aid kit

In article , Wendy wrote:
Greg Hanson wrote:

Satisfies the letter of the law? WHY?
Is this just to prevent the letter of law from looking idiotic?
Or to prevent the school from looking idiotic?
The SPIRIT of the law is supposed to be paramount.

The spirit of the law in this case says that a 15 year old isn't
considered to have enough training and judgment to dispense prescription
drugs and is therefore not allowed to do it, even if he THINKS he knows
enough.

In this particular case, I believe the boy's inhaler was identical to
his girlfriend's, and her mother gave him permission to let her daughter
use his if necessary. In that case, I think he did have sufficient
training, judgement, and guidance to safely share his prescription
drugs. Yes, most cases aren't as clear cut as this one. But zero-
tolerance laws dont' allow consideration of the circumstances, and they're
always relevant.

--Robyn

billy f,

Why did you post this on alt.parenting.spanking? Is there something about the
subject that deals with spanking? I couldn't find it, so I deleted
alt.parenting.spanking and have sent your post where it belongs.

LaVonne

billy f wrote:

Student expelled for loaning inhaler reaches deal with school

By Chris Adams
ABC13 Eyewitness News
(10/10/03 - CONROE) - A Conroe teenager got the nation's attention when his
girlfriend had an asthma attack and he let her borrow his inhaler.
Brandon Kivi was expelled from school for loaning his girlfriend Andra
Ferguson his asthma inhaler.

But he got more than that. He got expelled from school and a felony charge.
It's all about 'zero tolerance' and it was the focus of a hearing that was
supposed to take place Friday. But instead of that hearing, a deal was
worked out.

"What they did to my son is unfair," said Theresa Hock, whose son was
expelled from school. "I'm still angry."

She's the mother of 15-year-old Brandon Kivi, speaking after the Caney Creek
High School student was expelled.

"It's basically a probationary expulsion that fits the letter of the law,
but the most important thing is that he can attend school at Caney Creek
High School next week," said Caney Creek Principal Greg Poole.

"I was expelled, but I'm home schooled (now), so I won't be coming back to
Caney Creek," said Kivi. "That's final. I hope the principal hears this,
too."

Kivi suffers from asthma, as does his girlfriend 15-year-old Andra Ferguson.
When she suffered an attack at school, Brandon loaned her his inhaler.

"I did need it and I still think he did the right thing," said Ferguson. "He
was just doing good."

The school nurse reported him and he was arrested by police. He was accused
of distributing a dangerous drug. Those charges have since been dropped.

Now the principal's announced a deal. "We contended all along that there
were mitigating circumstances involved in this case. I believe that a fair
resolution was reached," said Greg Poole.

Still, Brandon's mother isn't happy, and she hasn't ruled out a lawsuit
against the district.

"I won, in a way," said Theresa Hock. "But what they done to my son was
unfair. I'm still angry."
(Copyright © 2003, KTRK-TV)

I'd bet BOTH mothers have lawyers writing to them
offering their services for free, or on a contingency.

Withholding medical care, Child endangerment,
False Arrest, Harassment...

Law Enforcement personnel at all levels DO have
descretionary powers, and they use them all the time.
(Sometimes in good ways, Sometimes used for CYA)

In this case, the drug charges WERE dropped.

Let the law suits commence.