Pubdate: Sat, 10 Feb 2007 Source: Lockport Union-Sun & Journal Copyright: 2007 Lockport Union-Sun & Journal Contact: http://www.lockportjournal.com Details: http://www.mapinc.org/media/4416 Author: Paul Lane Bookmark: http://www.mapinc.org/coke.htm (Cocaine) Bookmark: http://www.mapinc.org/youth.htm (Youth) CRIME: SUBSTITUTE TEACHER AVOIDS FELONY CHARGE A substitute teacher accused of using cocaine while on the job in the Lewiston-Porter School District won't be subject to enhanced penalties for using it in a drug-free zone, the Niagara County district attorney said. Joan M. Donatelli, 59, of the Town of Lewiston, was charged at 4:50 p.m. Tuesday with seventh-degree criminal possession of a controlled substance and two counts of endangering the welfare of a child. She is accused of using cocaine while substituting for a fourth-glade classroom in the Lewiston-Porter Intermediate Education Center on Feb. 1, according to Lewiston Police Department Sgt. Frank Previte. The district's drug policy states that as a drug-free zone, anyone caught with drugs in their possession within 1,000 feet is subject to an enhanced penalty of up to 16 years in prison. Since these three charges are all Class A misdemeanors, though, this case would not be subject to that policy, District Attorney Matt Murphy said. "If they were Class D felonies, sometimes those gets enhanced," he said. "These crimes don't qualify." As Class A misdemeanors, the charges against Donatelli carry a penalty of up to one year in county jail each, he said. Donatelli was seen by at least two students using what they thought was drugs on Feb. 1, Previte said. A follow-up investigation and testing showed Donatelli used cocaine on school grounds that day, he said. Donatelli taught first grade full time in the district from 1969, through June 30, 2003, and spent time as first-grade department chairperson, district Clerk Debra Sherman said. She has served as a substitute since retiring from full-time service. As a substitute, Donatelli was not represented by the Lewiston-Porter United Teachers union, but was a member while serving the district full time. "She was an excellent, wonderful teacher," said union president Jean Henesey on Friday. Henesey said the district has a strong emphasis on character education and training for its students and this incident is evidence that it is paying off. "I am truly thankful that the students felt comfortable enough and safe enough to go to an administrator or teacher to tell them what they saw," she said. Superintendent Don Rappold sent a letter home to parents last week informing them that "a substitute teacher in your child's classroom may have a substance abuse problem." Donatelli has been banned from the school campus since Feb. 1, the letter said. "Mr. Rappold's letter to the parents of the affected students is the district's official response," School Board President David Schaubert wrote in an e-mail. "As a district parent, while I am disappointed that this type of event occurs in any school, much less the one that my daughter attends, I feel that the students, the building principal, the district administration and the Lewiston Police have all contained and addressed the situation properly." Citing a motion he made four years ago to enhance drug and alcohol checks for district employees, which archived board minutes state address random screening, testing school board members and when the district can screen an employee, school board member Ed Lilly feels the district should be doing more to curtail potential drug use. "Many board members still prefer to keep serious financial and social problems from the public," he said in a statement. "Accepting reality and taking corrective measures is the best way to serve the community . just because this person got caught in a net doesn't mean it can't happen to someone else." Donatelli was issued appearance tickets Tuesday and released. She is scheduled to appear Feb. 21 in Lewiston Town Court, Previte said. - --- MAP posted-by: Beth Wehrman