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Teen faces expulsion and felony for loaning girlfriend medicine
I suppose you realize that if his inhaler had been a different medication,
and the girl had taken harm from it, the school would now be sued by the parent for not protecting the girl. Prescription medication should NEVER be loaned or given to another person. If she has athsma and has a prescription inhaler, she should carry it with her-not expect to borrow her boyfriend's. Prescription inhalers can have pretty major side effects if used improperly, or by someone who doesn't need them. Realistically, the school's hands are tied on this-Zero Tolerance isn't a local law or board policy. And from a legal standpoint, they'd be a lot more at risk if they condoned a student passing prescription medication around. |
#3
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Teen faces expulsion and felony for loaning girlfriend medicine
In article ,
"Donna Metler" wrote: I suppose you realize that if his inhaler had been a different medication, and the girl had taken harm from it, the school would now be sued by the parent for not protecting the girl. Prescription medication should NEVER be loaned or given to another person. If she has athsma and has a prescription inhaler, she should carry it with her-not expect to borrow her boyfriend's. Prescription inhalers can have pretty major side effects if used improperly, or by someone who doesn't need them. Realistically, the school's hands are tied on this-Zero Tolerance isn't a local law or board policy. And from a legal standpoint, they'd be a lot more at risk if they condoned a student passing prescription medication around. of course zero tolerance is usually a local policy -- and designed to relieve people from ahving to exercise common sense it also teaches kids to have contempt for law and authority this incident could have been dealt with without expelling a student as essentially a 'drug pusher' -- |
#4
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Teen faces expulsion and felony for loaning girlfriend medicine
On Thu, 9 Oct 2003, Donna Metler wrote: I suppose you realize that if his inhaler had been a different medication, and the girl had taken harm from it, the school would now be sued by the parent for not protecting the girl. Prescription medication should NEVER be loaned or given to another person. If she has athsma and has a prescription inhaler, she should carry it with her-not expect to borrow her boyfriend's. Prescription inhalers can have pretty major side effects if used improperly, or by someone who doesn't need them. Realistically, the school's hands are tied on this-Zero Tolerance isn't a local law or board policy. Where does it come from then? And from a legal standpoint, they'd be a lot more at risk if they condoned a student passing prescription medication around. |
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| Teen faces expulsion and felony for loaning girlfriend medicine
The mother of the girl should sue for medical neglect on the part of
the school, for withholding/delaying inhaler in an asthma attack. And refuse to drop the case. This sort of case shows why Zero Tolerance is unconstitutional. The two kids inhalers are interchangeable. Laws are supposed to be for the protection of the people, not for the legal convenience of the government to dictate terms to people. To delay an inhaler only because of some stupid robotic bureaucratic "Zero Tolerance" construct is reprehensible. Next they'll let people DIE rather than give them an emergency tracheotomy. Neater paperwork. Much easier to check the boxes on a death certificate than to argue that Zero Tolerance is stupid. (Hands in air) "Oh Well, her asthma killed her." |
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Teen faces expulsion and felony for loaning girlfriend medicine
"Joni Rathbun" wrote in message ... On Thu, 9 Oct 2003, Donna Metler wrote: I suppose you realize that if his inhaler had been a different medication, and the girl had taken harm from it, the school would now be sued by the parent for not protecting the girl. Prescription medication should NEVER be loaned or given to another person. If she has athsma and has a prescription inhaler, she should carry it with her-not expect to borrow her boyfriend's. Prescription inhalers can have pretty major side effects if used improperly, or by someone who doesn't need them. Realistically, the school's hands are tied on this-Zero Tolerance isn't a local law or board policy. Where does it come from then? In my state, drug distribution-prescription or illegal, is a felony, and any felony on school property requires a mandatory 1 year suspension or reassignment to an alternative education setting. This is part of the state education code. Giving another student a prescription drug counts as distribution. If the school took official notice of it at all, they wouldn't have had much choice. And ignoring it would have risked liability if something had happened to the girl due to the medication. It may be different elsewhere And from a legal standpoint, they'd be a lot more at risk if they condoned a student passing prescription medication around. |
#7
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| Teen faces expulsion and felony for loaning girlfriend medicine
"Greg Hanson" wrote in message om... The mother of the girl should sue for medical neglect on the part of the school, for withholding/delaying inhaler in an asthma attack. The person who committed medical neglect is the one who neglected to provide the girl with her own inhaler to keep on her person. The school is not required to provide prescription medication. And refuse to drop the case. This sort of case shows why Zero Tolerance is unconstitutional. The two kids inhalers are interchangeable. But, the prescriptions are not. Laws are supposed to be for the protection of the people, not for the legal convenience of the government to dictate terms to people. To delay an inhaler only because of some stupid robotic bureaucratic "Zero Tolerance" construct is reprehensible. Which is why children who need rescue medication are allowed to keep their own prescription on hand-not use someone else's. Next they'll let people DIE rather than give them an emergency tracheotomy. Neater paperwork. Much easier to check the boxes on a death certificate than to argue that Zero Tolerance is stupid. (Hands in air) "Oh Well, her asthma killed her." If my child has life threatening athsma, you'd better believe that I'm going to make sure she has an inhaler on her person, that there's one stored at the school in the nurse's office, and, if she's in a grade level where she's with one teacher most of the time, that there's one in the teacher's desk, labeled for her. I'm not going to assume there is a child in the next desk who uses the same prescription-nor would I expect the teacher to whip out my daughters inhaler and give it to another child. |
#8
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Teen faces expulsion and felony for loaning girlfriend medicine
On Thu, 9 Oct 2003, Donna Metler wrote: "Joni Rathbun" wrote in message ... On Thu, 9 Oct 2003, Donna Metler wrote: I suppose you realize that if his inhaler had been a different medication, and the girl had taken harm from it, the school would now be sued by the parent for not protecting the girl. Prescription medication should NEVER be loaned or given to another person. If she has athsma and has a prescription inhaler, she should carry it with her-not expect to borrow her boyfriend's. Prescription inhalers can have pretty major side effects if used improperly, or by someone who doesn't need them. Realistically, the school's hands are tied on this-Zero Tolerance isn't a local law or board policy. Where does it come from then? In my state, drug distribution-prescription or illegal, is a felony, and any felony on school property requires a mandatory 1 year suspension or reassignment to an alternative education setting. This is part of the state education code. Giving another student a prescription drug counts as distribution. If the school took official notice of it at all, they wouldn't have had much choice. And ignoring it would have risked liability if something had happened to the girl due to the medication. It may be different elsewhere Ah, well, I was just considering ZT politices. |
#9
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| Teen faces expulsion and felony for loaning girlfriendmedicine
I wonder if there are any protections provided by Good Sam laws. I understand the legal issues but a good question has been asked: What if it had been a life or death situation? |
#10
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| Teen faces expulsion and felony for loaning girlfriend
In article , Joni
Rathbun says... I wonder if there are any protections provided by Good Sam laws. I understand the legal issues but a good question has been asked: What if it had been a life or death situation? Good Samaritan laws require that you stay within your training. Banty |
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