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tfree852 · Mar 21, 2009, 09:23 AM

My son is 17. He was randomly tested in school in October 2008. He failed for marijuana.
School policy is he had to go to out-patient. He has been since then. In February 2009,
the director of rehab said he HAD to go to in-patient. He doesn't like his "attitude". We
have NO health insurance. His fathers insurance will start April 01,2009. I informed
rehab of this. At first they said OK, now it is not. He has until Monday,03/23/2009, to get
into inpatient, or they are kicking him out of outpatient, which in turns means getting
kicked out of school. My question is is there a law in New Jersey stating that if school
is mandating rehab, and the family has no insurance, is it the school's responsibility to
provide the necessary care?

DoulaLC · Mar 21, 2009, 10:08 AM

Interesting question... Is this a public school? If so, I have a feeling they just might. Was there some sort of form or contract that was signed originally of what the responsibilities would be if out-patient rehab became necessary? Was anything discussed or written regarding what happens if in-patient is mandated? Would you have the option of another rehab center for out-patient support? That may be what it comes down to for the school, or district, to get out of having to pay expenses for in-patient treatment.
Check with the school district office if need be... I'd go up the ranks if you have to to find out.

I know where I am, we can not even suggest to a parent to have their child tested by their doctor for a possible learning disability because it could ultimately come back on the district to have to pay for the testing.

tfree852 · Mar 21, 2009, 01:16 PM

Yes, it is a public school. No contract or form
Was discussed or signed. If he gets discharged,
The only other option is inpatient. Both of us
Have already talked to the Substance Abuse
Counselor at school. He informed both of us
That the district will only offer to have him home schooled. But there is another child in
The district that has been in and out of various
Out patient facilities, all at the expense of the district . I have tried contacting that parent
To see what steps she took but have been unsuccessful at this point. Thank you for your input, and more information would be greatly
Appreciated!

Fr_Chuck · Mar 21, 2009, 02:49 PM

Well from a legal standpoint, I don't even believe that the random drug testing is legal or constitutional. So while I think it is a great Idea personally, I think it is a improper violation of an individuals rights unless the parents signed and agree to allow this testing.

After that first what is wrong with his attitude, does he have one ?
This into itself can be a problem.

If this was me, I would start with a civil rights attorney and challenge the entire program.

Beyond that I would go with the issue that they can not force medical treatment and that there is a duty of the school to educate the child unless his behavior is causing a issue at school

DoulaLC · Mar 21, 2009, 04:21 PM

Is this the area you are in?

Hillsborough approves random drug testing for students - Breaking News From New Jersey - NJ.com

tfree852 · Mar 21, 2009, 04:30 PM

DoulaLC, no we aren't in the Hillsbourgh area.
Fr Chuck, if I did not agree, I would've been charged with endangering the welfare of my son according to school policy. He has an attitude because there are kids dealing and using IN school and they don't get tested. And during group sessions of counseling, he speaks and people speak over him and ignore him and his feelings. I have no problem with attitude at home, nor is there an issue at school with teachers. In fact this most recent
Progress report was his best all A's and B's one C.

tfree852 · Mar 21, 2009, 04:32 PM

Fr Chuck- so you recommed talking to a lawyer? Any other input would be greatly
Appreciated
Thank YOU BOTH!

DoulaLC · Mar 21, 2009, 04:46 PM

I would contact the principal of the school, and then the superintendent of the school district if need by, on Monday, explain the situation, and then ask them to explain why they think excluding him from school, and going to the expense of having someone come to the home to teach him, is a better option than simply having him go to another out-patient facitility. Let them know you are aware of at least one other student who has had that option. Since it sounds like his school has issues anyway, is there any possibility of his transferring to a different school in a neighboring district? Homeschooling may actually be the best option in terms of the education he would be getting and the environment he would be in.
Not knowing the school district, and what their specific policies are, I don't know what else to suggest.

Fr_Chuck · Mar 21, 2009, 04:53 PM

For those that know me, I guess this seems for out, and I know as a new poster you don't. I seldom say "sue" in fact I suggest many things.

But yes I would meet with them, but I would have a lawyer with me. School boards pass rules all the time that are illegal or unconstitutional. They try to pass things against home schoolers all the time. And one would be surprised at what a letter or visit from an attorney can do.

Have you contacted the CLU about legal help for having his rights violated. If you are a minority perhaps a minorty action group.

Seems like a illegal search and sezuire issue to me still but then many such things seem to be getting allowed now adays.

Beyond that meeting with the Superientent, princiaple and even the school board if needed.

excon · Mar 22, 2009, 06:32 AM

Hello:

This is off the subject a bit, but what kind of IN patient treatment is there for marijuana??

Are we giving hospital bed space for THIS?? Who pays for this stuff? Who thinks it WORKS? What would possibly give them that idea?

Do you think in patient treatment could cure a caffeine addiction?? California wants to legalize and tax pot, and New Jersey wants to put you in the hospital if you smoke... I don't know. How stupid are we going to get??

excon

DoulaLC · Mar 22, 2009, 10:24 AM

Originally Posted by Fr_Chuck

For those that know me, I guess this seems for out, and I know as a new poster you don't. I seldom say "sue" in fact I suggest many things.

But yes I would meet with them, but I would have a lawyer with me. School boards pass rules all the time that are illegal or unconstitutional. They try to pass things against home schoolers all the time. And one would be surprised at what a letter or visit from an attorney can do.

Have you contacted the CLU about legal help for having his rights violated. If you are a minority perhaps a minorty action group.

Seems like a illegal search and sezuire issue to me still but then many such things seem to be getting allowed now adays.

Beyond that meeting with the Superientent, princiaple and even the school board if needed.

There have been suits filed in the past number of years as the use of student drug testing gains popularity in various forms. Right or wrong, depending on the issue at hand and what your point of view may be on a particular subject, students do not have the same rights as adults and the rights that they do have can, and will, sometimes be different while in school as opposed to being outside of school. School dress codes are a perfect example.

Since cases in the past were upheld by the Supreme Court it stands to reason more and more schools will continue to adopt some measure of random drug testing. It appears the consequences received from positive results in the OPs school district are some of the strictest to date however. Whether they overstep the bounds from a legal standpoint, or just common sense, remains to be seen.