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by DrumLily on Tue Nov 03, 2009 10:54 pm
My sixteen-year-old daughter got caught smoking at school today and got suspended. I have not heard from the school at all. They just sent her home and apparently told her she can't come back until she's taken a smoking cessation course.

Any ideas on how to combat this?

I've been looking on the Web for any information about the legalities involved in this situation, but to no avail. Is it illegal for a sixteen year old to smoke? Or is it just the purchase of tobacco that's illegal?

What are her and my rights here?
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by libertarian99 on Tue Nov 03, 2009 11:16 pm
DrumLily wrote:
My sixteen-year-old daughter got caught smoking at school today and got suspended. I have not heard from the school at all. They just sent her home and apparently told her she can't come back until she's taken a smoking cessation course.

Any ideas on how to combat this?

I've been looking on the Web for any information about the legalities involved in this situation, but to no avail. Is it illegal for a sixteen year old to smoke? Or is it just the purchase of tobacco that's illegal?

What are her and my rights here?
Laws vary by state, so you need to consult a local attorney. If you can't afford an attorney, there is probably a low-cost legal service available in the city where you live. To find help, Google "free legal aid [put your state's name here]". You should be able to locate a Web page for your state like this one for Indiana.

http://www.indianajustice.org/Home/PublicWeb

We aren't attorneys here and can't give legal advice. You will really need professional help to deal with this situation.
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by garhkal on Wed Nov 04, 2009 6:37 pm
What state you from?
That will determine if your state has a 18 limit or not. IF they do, then you have nothing you can do but appeal the forcing of her to go through smoking cessation.
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by Slearwig on Wed Nov 04, 2009 9:40 pm
Is it a cessation course or is it some kind of medical treatment?
If it's only a course, it sounds more like detention. Is the course conducted at the school or at some out-of-the-way location?
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by DrumLily on Wed Nov 04, 2009 10:16 pm
Thanks to everyone who responded. I wrote the principal a letter and got a fairly nasty and vague reply. We're actually considering pulling her out of school and letting her get her GED so she can go to college in the spring. I'm pretty horrified at how much of a Nazi state schools have become.
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by smallbird on Wed Nov 04, 2009 11:08 pm
DrumLily wrote:
Thanks to everyone who responded. I wrote the principal a letter and got a fairly nasty and vague reply. We're actually considering pulling her out of school and letting her get her GED so she can go to college in the spring. I'm pretty horrified at how much of a Nazi state schools have become.


Why did you write the principal a letter? I would have been into that school in a shot and met with him/her face to face. Sometimes they back off (maybe not in this day and age, but back when MY kids got in trouble for doing stupid stuff, it worked).

Also, if there is a school rules handbook, you should review what the rules are and if there is an appeal process. But above all, you should talk to these people FACE to FACE.
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by DrumLily on Wed Nov 04, 2009 11:15 pm
The letter was just to get all my thoughts out at once, because I knew I'd lose my cool if I just showed up with them all in my head. One of its stated purposes was to set up a time to meet. However, the principal is "out of the state" until Monday. Mad
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by garhkal on Thu Nov 05, 2009 4:01 pm
If he is on tha tlong of a holiday his designated rep should be by law, able to furnish all info you need, as well as take action on his behalf.
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by JoshNJ on Mon Nov 09, 2009 11:50 pm
Without knowing what state the high school is in, it might be hard to determine what you or your daughter can do, if anything. Probably the best thing to do at this point is to go over the principal's head and speak to someone from the district's administration, maybe the superintendent or the board of education.

You could also claim that the smoking cessation course is an unreasonable burden (cost and time) and therefore you do not agree with this sort of non-academic punishment. Of course, if there is a school code of conduct or some type of rule the principal can point to showing that they have the authority to impose this type of penalty, then you may have no choice.

On the opposite end, I believe the legal age to smoke is 18 years in the U.S., but I correct me if that is not true. If she is 16, then she is smoking underage. A high school student's rights are not completely protected while in school (drug free school zones for example) so unless something serious occurred, there may not be much to fight on that point. Nothing mentioned sounds like the parent's rights were affected at all.
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