Despite decriminalization, schools keep strict drug possession policies
January 29, 2009
Connie Paige, Boston Globe
Area school superintendents surveyed recently said they have no plans to reverse their zero-tolerance policies concerning students found with drugs.
While school rules put students in a different category than other users in the wake of a new state law decriminalizing possession of small amounts of marijuana, the superintendents maintain that the rules are for the students' own good.
Nashoba Valley Technical High School Superintendent Judith Klimkiewicz pointed out the rules help protect students' health and safety - especially in a school like hers where students often wield heavy and sharp-edged equipment and work with toxic and heated substances.
"The issue of drugs for a student who is high behind a desk in a math class is brutally different than for a student behind a lathe saw," she said. "That presents a clear and obvious danger."
Klimkiewicz said she is taking a lead from Mitchell D. Chester, the state commissioner of elementary and secondary education. Chester issued an advisory that the new law does not alter the authority of school officials to impose discipline, including suspension or expulsion, on students who possess 1 ounce of marijuana or less on school property or at school-sponsored or school-related functions. Under the law, the advisory noted, possession is defined as not only holding marijuana but also having it inside one's body.
Tewksbury Superintendent Christine L. McGrath said officials at that town's schools all agreed on maintaining existing rules. She said they are listening to advice from Middlesex District Attorney Gerry Leone.
Leone is among many law enforcement officials - notably Attorney General Martha Coakley, other district attorneys, and police around the state - who have lobbied against the new law.
"We remain focused on continuing to send a clear message to our children that marijuana remains unhealthy, dangerous, and illegal in Massachusetts," Leone said in a statement about the new law, passed by voters at the ballot box in November.
Despite health and safety aims, the school rules can wreak havoc on students' lives, as Groton-Dunstable high schooler Cody Manley recently discovered the hard way. The 16-year-old was suspended for four months and barred from playing interscholastic football after he was caught on school grounds last October with three friends possessing a small amount of pot.
"I think it's unfair," said Manley, whose parents have taken the issue before the Groton-Dunstable School Committee for redress.
Manley was scheduled to return to school on Monday. Now he must receive counseling with a drug and alcohol specialist, submit to monthly drug testing, remain on probation for the rest of the school year, and cannot leave the building while school is in session.
After hearing Manley's case, Groton-Dunstable School Committee chairman Paul G. Funch said he believes that penalties under the marijuana rules can sometimes be too harsh. For example, he said he believes there should be reconsideration of the rule allowing a report of first-time marijuana possession to remain permanently on a student's transcript.
"I think that's really beyond the pale," Funch said. "You should get their attention, but I don't think their lives should be so severely impacted."
But Groton-Dunstable Principal Shelley Marcus Cohen said the policy must be maintained for the students' protection.
"Drugs are not going to be allowed on this campus," she said.
Thursday, January 29, 2009
Wednesday, January 28, 2009
Flask for "Tweens
Advocates Call on 'Tween Stores to Stop Selling Flasks
January 27, 2009
Underage drinking advocates are calling on the teen accessory store chain, Icing by Claire's, to stop selling girl-friendly flasks.
Flasks decorated with charms and designed to hold 5 ounces of liquor are available for $12.50, and one-shot keychain flasks with room for the individual's initials are available for $8.50 each.
The flasks show disclaimers that the product is not meant for minors, and warns that the flasks are designed to carry alcoholic beverages and should not be used for beverages with acidic contents like fruit juices.
Advocates are concerned that Icing by Claire's is encouraging underage drinking by selling flasks, while targeting its products to girls as young as 17. Icing by Claire's is a subsidiary of Claire's, Inc., which operates approximately 3,000 stores throughout the U.S. and Europe.
Recent studies show that girls are drinking earlier and increasing their alcohol intake. For example, the rate of 14-year-old girls using alcohol escalated from one in ten to almost one-third over the last 40 years. "In many cases, the girls are outdrinking the boys, putting themselves at greater risks," said Janet Williams, co-chairman of the Illinois Coalition to Stop Underage Drinking, which wrote a letter to parent-company Claire's.
It appears that youth are gravitating towards hard liquor like rum and tequila in an effort to get drunk faster, according to Elizabeth Nelson, a community health specialist at the Lake County Health Department.
"Anything that promotes the perception that alcohol use is acceptable with young people is really disturbing," Nelson said.
Oregon Partnership announced that Icing by Claire's said it will continue selling the flasks at its 3,000 stores, but will post signs at store counters supporting "responsible" alcohol consumption. -->
January 27, 2009
Underage drinking advocates are calling on the teen accessory store chain, Icing by Claire's, to stop selling girl-friendly flasks.
Flasks decorated with charms and designed to hold 5 ounces of liquor are available for $12.50, and one-shot keychain flasks with room for the individual's initials are available for $8.50 each.
The flasks show disclaimers that the product is not meant for minors, and warns that the flasks are designed to carry alcoholic beverages and should not be used for beverages with acidic contents like fruit juices.
Advocates are concerned that Icing by Claire's is encouraging underage drinking by selling flasks, while targeting its products to girls as young as 17. Icing by Claire's is a subsidiary of Claire's, Inc., which operates approximately 3,000 stores throughout the U.S. and Europe.
Recent studies show that girls are drinking earlier and increasing their alcohol intake. For example, the rate of 14-year-old girls using alcohol escalated from one in ten to almost one-third over the last 40 years. "In many cases, the girls are outdrinking the boys, putting themselves at greater risks," said Janet Williams, co-chairman of the Illinois Coalition to Stop Underage Drinking, which wrote a letter to parent-company Claire's.
It appears that youth are gravitating towards hard liquor like rum and tequila in an effort to get drunk faster, according to Elizabeth Nelson, a community health specialist at the Lake County Health Department.
"Anything that promotes the perception that alcohol use is acceptable with young people is really disturbing," Nelson said.
Oregon Partnership announced that Icing by Claire's said it will continue selling the flasks at its 3,000 stores, but will post signs at store counters supporting "responsible" alcohol consumption. -->
Friday, January 23, 2009
Drug Testing
Plans to Drug-Test Teachers Face Opposition
January 22, 2009
Join Together News Summary
A number of schools across the U.S. want to administer random drug tests to teachers, but the proposals are hitting strong opposition from educators and teachers' unions.
USA Today reported Jan. 18 that schools in North Carolina, West Virginia and Hawaii have sought to join at least four school districts in Kentucky that require teachers to submit to random alcohol and other drug testing.
Just a small fraction of districts around the country have considered or implemented drug testing for teachers, although testing of students -- and particularly student-athletes -- is more common.
In West Virginia, a proposed testing policy has been halted by a federal appeals court thanks to teacher opposition, and a similar policy in Hawaii is awaiting a review by a state board. Graham County, N.C., also has proposed testing of teachers, but that policy is currently being challenged in a state appeals court.
Drug testing "would be in our view a waste of money, because there is no problem that a drug-testing program can address," said Michael Simpson, an attorney with the National Education Association.
January 22, 2009
Join Together News Summary
A number of schools across the U.S. want to administer random drug tests to teachers, but the proposals are hitting strong opposition from educators and teachers' unions.
USA Today reported Jan. 18 that schools in North Carolina, West Virginia and Hawaii have sought to join at least four school districts in Kentucky that require teachers to submit to random alcohol and other drug testing.
Just a small fraction of districts around the country have considered or implemented drug testing for teachers, although testing of students -- and particularly student-athletes -- is more common.
In West Virginia, a proposed testing policy has been halted by a federal appeals court thanks to teacher opposition, and a similar policy in Hawaii is awaiting a review by a state board. Graham County, N.C., also has proposed testing of teachers, but that policy is currently being challenged in a state appeals court.
Drug testing "would be in our view a waste of money, because there is no problem that a drug-testing program can address," said Michael Simpson, an attorney with the National Education Association.
Wednesday, January 21, 2009
Cigarettes vs. Pot
U.S. High School Seniors Now As Likely to Be Smoking Cigarettes As Marijuana
High school seniors are as likely to smoke cigarettes in the past month as they are to use marijuana, according to the most recent data from the national Monitoring the Future survey. In 2008, 20.4% of 12thgraders reported smoking cigarettes in the past month, a substantial decline from the most recent high of 36.5% in 1997. Marijuana use was at its lowest in 1992 but has now elevated to 19.4%. This is the first time since the late 70s and early 80s that marijuana use and cigarette use is almost equal for high school seniors. Similar trends in cigarette and marijuana use have occurred among 8thand 10th graders.*
One one hand, cigarette smoking is at at an all-time low. 12th graders have a high perception of the hazards of tobacco use. Conversely, seniors have a low perception of the dangers of marijuana abuse. They are just as likely to smoke a joint as a cigarette. That is bad news.
But since we can reach teens about the risks with cigarette smoking, we should be able to do the same with marijuana. It will be very difficult here in MA with the new law. It will not happen overnight. Our efforts in substance abuse prevention must embrace the task of increasing the perception of harm with marijuana in order to reduce use.
*Source: "Trends in 30-day Prevelance of Use of Various Drugs in Grades 8, 10, and 12", Monitoring the Future study 2008
High school seniors are as likely to smoke cigarettes in the past month as they are to use marijuana, according to the most recent data from the national Monitoring the Future survey. In 2008, 20.4% of 12thgraders reported smoking cigarettes in the past month, a substantial decline from the most recent high of 36.5% in 1997. Marijuana use was at its lowest in 1992 but has now elevated to 19.4%. This is the first time since the late 70s and early 80s that marijuana use and cigarette use is almost equal for high school seniors. Similar trends in cigarette and marijuana use have occurred among 8thand 10th graders.*
One one hand, cigarette smoking is at at an all-time low. 12th graders have a high perception of the hazards of tobacco use. Conversely, seniors have a low perception of the dangers of marijuana abuse. They are just as likely to smoke a joint as a cigarette. That is bad news.
But since we can reach teens about the risks with cigarette smoking, we should be able to do the same with marijuana. It will be very difficult here in MA with the new law. It will not happen overnight. Our efforts in substance abuse prevention must embrace the task of increasing the perception of harm with marijuana in order to reduce use.
*Source: "Trends in 30-day Prevelance of Use of Various Drugs in Grades 8, 10, and 12", Monitoring the Future study 2008
Friday, January 16, 2009
Adisory Opinion to MA Schools on New Marijuana Law
The following is an excerpt from the "Advisory Opinion on Ballot Question 2: An act Establishing a Sensible State Marijuana Policy", authored by Mitchell D. Cgester, Ed.D., Commissioner of Elementary and Secondary Education in a letter to all MA School Superintendents and School Principals:
This advisory responds to questions the Department of Elementary and Secondary Education has received about Ballot Question 2, An Act Establishing A Sensible State Marijuana Policy, and its impact on public schools. Question 2, a ballot initiative law that the voters passed on November 4, 2008, decriminalizes the possession of one ounce or less of marijuana. The Attorney General has advised that Question 2 goes into effect 30 days after the Secretary of State's presentation of the election results to the Governor and Governor's Council, and their official determination that Question 2 has passed. The Governor's Council met on December 3, 2008 and certified the election results, which means that the new law will take effect on January 2, 2009.
Question 2 replaces the criminal penalties for possession of one ounce or less of marijuana with a new system of civil penalties to be enforced by issuing citations, and excludes information regarding this civil offense from the state's criminal record information system.
In our opinion, Question 2 does not affect the existing authority of school officials under state law and school committee policy to impose discipline, including suspension or expulsion, on students who possess one ounce or less of marijuana on school premises or at school-sponsored or school-related events.
State law authorizes but does not mandate school officials to suspend or expel students for possession of marijuana. We encourage school officials to use their authority under state law and school committee policy with discretion. Preferably, disciplinary measures should be coupled with drug awareness programs, and students should be given the opportunity to continue education in alternative settings when excluded from school for disciplinary reasons.
This advisory responds to questions the Department of Elementary and Secondary Education has received about Ballot Question 2, An Act Establishing A Sensible State Marijuana Policy, and its impact on public schools. Question 2, a ballot initiative law that the voters passed on November 4, 2008, decriminalizes the possession of one ounce or less of marijuana. The Attorney General has advised that Question 2 goes into effect 30 days after the Secretary of State's presentation of the election results to the Governor and Governor's Council, and their official determination that Question 2 has passed. The Governor's Council met on December 3, 2008 and certified the election results, which means that the new law will take effect on January 2, 2009.
Question 2 replaces the criminal penalties for possession of one ounce or less of marijuana with a new system of civil penalties to be enforced by issuing citations, and excludes information regarding this civil offense from the state's criminal record information system.
In our opinion, Question 2 does not affect the existing authority of school officials under state law and school committee policy to impose discipline, including suspension or expulsion, on students who possess one ounce or less of marijuana on school premises or at school-sponsored or school-related events.
State law authorizes but does not mandate school officials to suspend or expel students for possession of marijuana. We encourage school officials to use their authority under state law and school committee policy with discretion. Preferably, disciplinary measures should be coupled with drug awareness programs, and students should be given the opportunity to continue education in alternative settings when excluded from school for disciplinary reasons.
Thursday, January 15, 2009
Social Host Liability
Mother sent to prison for hosting son's underage drinking party
By Jill Harmacinski, Eagle Tribune (abidged)
January 08, 2009
LAWRENCE — Modesta Brito knew her teenage son was having a party on the night of Nov. 24, 2007. She was aware he and his friends were drinking beer in her home. And she knew they were playing the drinking game quarters, even giving them a plastic cup to bounce the coins into, a prosecutor said.
Allowing the underage drinking party in her Hampshire Street apartment was a risk Brito took. That risk became harsh reality when Ryan Bourque, 17, left the party and was killed in a car crash, prosecutor Jennifer Kunsch said.
Brito, a 42-year-old mother of three, will spend the next three months in prison after yesterday admitting to violating the state's Social Host Liability Law and allowing the party in her home.
After Bourque's death, both Brito and her son Edrian Brito Mendez, were charged with violating the state's Social Host Liability Law. It was the first time ever, in Essex County,
such alcohol charges were filed against both parent and child.
"You were the responsible adult. You were the one who should have been looking out for your son and the other kids," Judge Thomas Brennan said. "In this case, the consequences were tragic and for that, you bear some responsibility."
Mendez, 18, now a student at Northern Essex Community College, also was charged with two counts of providing alcohol to minors. All of his charges were continued without a finding for a year in a plea agreement reached and approved by Brennan earlier yesterday.
Brennan noted that the primary responsibility for supervising the household rested with Modesta Brito as her son was then 17. However, the teen is still "responsible for his actions."
A police investigation revealed that Mendez charged friends $5 to drink beer from a 30-pack he had in a refrigerator in the apartment.
Brito was formally sentenced to one year in jail with 90 days to be served and the balance suspended for two years. She also will have to serve 200 hours of community service and pay fines.
Mendez must undergo alcohol evaluation and treatment, attend alcohol education programs and perform 100 hours of community service. He also must speak to youth groups about the dangers of alcohol and pay fines.
Speaking generally about underage drinking, Blodgett said he hopes parents understand "there's no gray area. It's a black and white law."
"It's very important the public understands how serious these charges are," he said. "The Legislature amended the law to take into account parents who hold these parties."
By Jill Harmacinski, Eagle Tribune (abidged)
January 08, 2009
LAWRENCE — Modesta Brito knew her teenage son was having a party on the night of Nov. 24, 2007. She was aware he and his friends were drinking beer in her home. And she knew they were playing the drinking game quarters, even giving them a plastic cup to bounce the coins into, a prosecutor said.
Allowing the underage drinking party in her Hampshire Street apartment was a risk Brito took. That risk became harsh reality when Ryan Bourque, 17, left the party and was killed in a car crash, prosecutor Jennifer Kunsch said.
Brito, a 42-year-old mother of three, will spend the next three months in prison after yesterday admitting to violating the state's Social Host Liability Law and allowing the party in her home.
After Bourque's death, both Brito and her son Edrian Brito Mendez, were charged with violating the state's Social Host Liability Law. It was the first time ever, in Essex County,
such alcohol charges were filed against both parent and child.
"You were the responsible adult. You were the one who should have been looking out for your son and the other kids," Judge Thomas Brennan said. "In this case, the consequences were tragic and for that, you bear some responsibility."
Mendez, 18, now a student at Northern Essex Community College, also was charged with two counts of providing alcohol to minors. All of his charges were continued without a finding for a year in a plea agreement reached and approved by Brennan earlier yesterday.
Brennan noted that the primary responsibility for supervising the household rested with Modesta Brito as her son was then 17. However, the teen is still "responsible for his actions."
A police investigation revealed that Mendez charged friends $5 to drink beer from a 30-pack he had in a refrigerator in the apartment.
Brito was formally sentenced to one year in jail with 90 days to be served and the balance suspended for two years. She also will have to serve 200 hours of community service and pay fines.
Mendez must undergo alcohol evaluation and treatment, attend alcohol education programs and perform 100 hours of community service. He also must speak to youth groups about the dangers of alcohol and pay fines.
Speaking generally about underage drinking, Blodgett said he hopes parents understand "there's no gray area. It's a black and white law."
"It's very important the public understands how serious these charges are," he said. "The Legislature amended the law to take into account parents who hold these parties."
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