White Settlement ISD
DATE OF INCIDENT: March 4, 2010
My 17 year-old son and a friend missed the bus and walked 3-4 miles to school. A staff member saw them walking (toward school) and reported them as skipping. Upon arrival they were immediately searched and questioned separately. Both boys were accused of being under the influence of drugs on campus, 3 days OSS and 45 days DAEP. Upon arrival I asked what was the determination? The assistant principal said "lack of attention", (I said he's ADD and so am I!) My son said there were 4 staff members questioning them and asking irrelevant personal questions, not allowing them to speak without being told the staff knew better - the nurse asked, wasn't my son dating (V or was it C??) Nurse knew both girls names, asked if student name "S" didn't she live the next house down from ours and then boy student "F" next to her? When I told the AP I would get a drug test she said no, over-the-counter must be pediatrician ordered. I contacted my son's doctor that afternoon but the office had half-day hours on Thursday.
On Friday, 3/5, we had the blood drawn at a lab.
On 3/10, the results arrived NEGATIVE. I faxed a level I grievance with drug test results that I picked up from the doctor's office.
On 3/11, I went to school with my son thinking he would be admitted back to main campus. The principal refused, stating over and over only that he had ten days to review my information and would respond in writing! I managed to obtain a meeting with an assistant superintendent, myself, a rep from LULAC and that principal. Again to no avail.
Finally on 3/27 I received a certified letter from the principal stating he upheld the nurse's determination! A very kind contact at the TEA advised me to ask them to produce written policy stating that they would prefer a subjective, ambiguous nurse determination over medical, scientific data. I did so when I finally had an appointment on 4/7 in response to my Level II grievance filed on 3/29! Again no response to my complaint only that we were there to hear what I had to say. Basically, I very briefly said what the TEA contact suggested, and I would file an ethical misconduct on the principal for upholding an invalid policy and I got up and left. No response again. The HR assistant (who told me he was a legal assistant - but is not, he is a debate and writing teacher!) even called my son's pediatrician! They were trying to find out what drugs the test looked for!
Finally, in response to my complaint of ethical misconduct I managed to get an appointment with the superintendent on 4/15. She said she didn't know anything about Level I & II complaints and would look into it. I told her and the assistant superintendent as I left that the school and process made it easier for a kid to be on drugs than not. That if my son did have drugs in his system, he would be in DAEP and that would be the end of it. He was not; I had proof of same and instead I'm calling, writing, faxing, filing and that I thought it was "pathetic". At long last I was advised on 4/19 that she conducted a "review" and decided my son would return to school on 4/21 - that's 27 days including 3 days OSS. It appears the WSISD thinks that by resolving Level I that Level II and ethical misconduct complaint simply go away. I am going to file the ethical misconduct complaint and lack of response to Level II directly to the TEA and hope they will consider it as a Level III is filed directly with the superintendent. She was already aware but chose to answer Level I only.
As above, principal upheld the nurse over medical test. I feel this was simply a means to ensure my son was penalized as many days as possible. (He was in error once and he and I complied with all consequences without question.) Therefore this negative blood test refuted the accusation; it was not and could not be a "second placement" as stated by the principal. No response to Level II. The superintendent returned my son to school after my filing ethical misconduct complaint. I have not received any written documentation as to action taken on that complaint.
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