Pubdate: Sun, 19 Feb 2012 Source: Denver Post (CO) Copyright: 2012 The Denver Post Corp Contact: http://www.denverpost.com/ Details: http://www.mapinc.org/media/122 Author: Karen Auge ZERO-TOLERANCE RULES FORCED COLORADO SCHOOL'S HARSH STAND ON SHARED INHALER It was in gym class at Lewis-Palmer Middle School where Breana Crites and Alyssa McKinney first became friends. And it was in gym class where, late last month, all the trouble started. "We were doing pacers that day" in the gym, Alyssa said. "We had to run back and forth, and every time it got faster. The workout was intense. I even had an asthma attack from that. I had to use my inhaler." Then, Alyssa saw Breana double over after a particularly strenuous run. "She came over saying her lungs hurt really bad," Alyssa said. "She was having a hard time breathing, and she said she needed my help." The girls don't agree on exactly what happened next. Alyssa said Breana asked to borrow her inhaler. Breana said Alyssa offered. Regardless, everyone agrees Breana took a puff from Alyssa's inhaler. That puff didn't help Breana. But it did interrupt the 13-year-olds' educations - one was suspended, the other expelled - and sent ripples through the girls' Monument community. It also reignited the debate over school discipline policies and their consequences. Alyssa had her inhaler with her in the gym that day because her mother had gotten a note from her doctor, verifying that Alyssa has a prescription for the medication and that she might need to use it during school. Alyssa signed a contract that set the ground rules for using that inhaler. One of those rules was to never share her inhaler. When gym class ended, the running stopped, and the girls dressed and headed to choir class. But Breana still couldn't breathe. So Alyssa insisted her friend go to the school nurse. When she got to the nurse's office, Breana said, "my heart rate went up, and I was really shaky and jittery." The nurse "gave me crackers and water, and she had me lay down and elevate my feet," Breana said. Eventually, Breana's aunt came and took her home. Breana said she's had attacks like that before. She doesn't know if she has asthma or not. She didn't go to a doctor before when she's had an attack, and she didn't go this time. "We just never got the chance, I guess," she said. Lewis-Palmer School District has a clear policy when it comes to sharing medication: it's forbidden, period. And no one, not Alyssa, not Breana, would argue that sharing medications is a good idea. In fact, with some medications, sharing can be extremely dangerous. But with asthma inhalers, not so much, according to Dr. Henry Milgrom of National Jewish Health. Using an inhaler, even for a person who doesn't have asthma, poses a negligible risk, Milgrom said. "And it pales in comparison to not treating" an attack, he said. "We discourage patients from sharing medication, but in a situation where a person is in distress," those rules don't apply, he said. The next day, Breana and Alyssa were called to the principal's office and questioned separately. When it was over, both girls were told they were "suspended with a recommendation for expulsion." Alyssa said she was escorted to her locker to get her stuff. She confesses that she got in trouble at school once before, in the fifth grade, back in Utah. But she's been extra careful since then, she said. "I learned my lesson. ..." Eventually, school officials called the girls' parents. When Tim McKinney arrived at the school, they told him he'd have to take Alyssa home. "They said, 'Your daughter shared her inhaler.' They wouldn't go over specifics, but said, 'We have a zero-tolerance policy, and this falls under our drug policy.' " McKinney agrees the girls should have been punished - maybe an in-school suspension and, more importantly, a school assembly to educate students about the dangers of sharing medications. "There's no common sense in these zero-tolerance policies" he said. "My daughter really thought she was just helping." Whether there is common sense is something that state lawmakers have been wrestling with for a couple of years. In this land of Columbine High and the massacre there almost 13 years ago, plenty of people are wary about easing the tight grip of discipline that now enfolds Colorado schools. And, at a time when they're forced to take more and more money away from school districts, many lawmakers are loathe to make changes that could cost schools money. Under Colorado law, four actions trigger automatic expulsion: sale of controlled drugs, serious assaults, robbery and bringing weapons to school, said Janelle Krueger, a Colorado Department of Education consultant in charge of the Expelled and At-Risk Student Grant Program. Beyond that, districts set their own discipline policies. Lewis-Palmer's policy doesn't mandate expulsion for the infraction Alyssa and Breana committed. "There is an ability to make a distinction about the intent or the circumstances," said district spokeswoman Robin Adair. After the girls were suspended, there would have been an investigation, Adair said. "Our administration talked to everyone involved, got all the facts straight and made a reasonable decision based on those facts." Since then, the district has been hammered with questions, and the story seems destined to take its place in the ammunition box of zero-tolerance foes, alongside tales of the first-grader who stole candy from a teacher's dish and got suspended. But it's not that simple, Adair said, adding that under the law, she can't tell the whole story. "This is not a situation like in open court where the public is allowed to know the facts of the case, because there are children involved." Two weeks ago, the district sent a letter to students' families, telling them just that. "Some information that has been reported is misleading, and the privacy of student disciplinary records prevents the District from telling the public any details about actions of students involved," the letter read, in part. Lewis-Palmer Middle School doesn't have much of a drug problem, Alyssa said. And she can't remember ever seeing a real fight in the halls. The Lewis-Palmer district as a whole is, by most measures, successful. Serious discipline problems are uncommon. In 2009-10, the district recorded only 157 out-of-school suspensions. Out of about 5,000 students, only three were expelled that year. Expulsions are "extremely rare," Adair said. "Obviously, the best place for kids is to be in school. If we can keep them in school, that's the first choice. We don't take lightly the decision to remove a student from the classroom." Last week, Alyssa was back in school. Tim McKinney said he's convinced that is because he advocated for her. Breana wasn't so lucky. "I'm expelled," she said last week. "They said I could go back next year." Adair wouldn't talk about Breana's case. But she said due-process procedures were followed. Now Breana's grandmother is trying to find a way for her to finish eighth grade. "We were trying at first to go to an alternative school, but that didn't work out," Breana said. So now, her grandmother is looking into online schools, she said. Adair said the district offers options to families of expelled students. "We will always go over with students what alternatives there are. There are lots of them," she said, including a district online program. A couple dozen states require schools to provide alternative educations for expelled students, but Colorado doesn't, exactly. The state does require school districts to "offer services" and to make alternatives available, Krueger said. "They cannot wash their hands totally of the students and let them go adrift," she said. But the extent to which districts must make alternatives available is a bit of a sticky issue. There is very little data on what happens to kids after they've been kicked out of school for an extended period. That's partly because of privacy rules that make collecting that data difficult, said Russell Rumberger, director of the California Dropout Research Project at the University of California at Santa Barbara. But Jim Freeman, director of Ending the Schoolhouse to Jailhouse Track Project, a group that argues zero-tolerance policies unfairly target minority and disadvantaged students, believes the real explanation is less benign. "The biggest reason is that not enough people have been invested in learning the answers to those questions," Freeman said. Colorado doesn't track whether expelled kids ever graduate or get their high-school equivalency certificate, Krueger said. Breana said she's sad that she won't be back with her friends this year and won't get to sing in a school play this spring, something she did last fall. "I was looking forward to that." Breana and Alyssa aren't friends anymore. And their days of sharing gym class are over. - --- MAP posted-by: Jay Bergstrom