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Parent sues Boyle over expulsion of student

March 17, 2005|LIZ MAPLES

Boyle County Board of Education is being sued in federal court over its decision to expel a high school freshman for possession of a prescription-strength antibiotic.

The boy's father claims the student was expelled without a fair hearing because only Assistant Principal Steve Evans testified before the board, and his testimony was based only on what other students had told him.

Bill Erwin, the student's attorney, said no evidence was presented, and no other witnesses were called. The student denies ever being in possession of the antibiotic that is used to treat urinary tract infections.

Superintendent Pam Rogers and school board members Preston Miles, Stephen Tamme, Ruth Ann Elliott and Alane Mills are the defendants.

Because the student is a minor he is referred to only as A.R. in court documents. The suit was originally filed in Boyle Circuit Court and then, by request of the school board, was moved to U.S. District Court in Lexington.

Erwin has asked that the case be moved back to the Boyle courts. The school system has asked that the case be dismissed. There have been no rulings yet from the federal court.

The attorney representing the school board in this case, Robert Chenoweth, said Kentucky law doesn't specify that any witnesses or evidence be presented at an expulsion hearing; just that a hearing be held before the board.

Other students were involved in the incident, and action was taken against them, but Chenoweth declined to say what had happened to the other students, and Erwin didn't know.

"My client denied ever being in possession of an antibiotic or being remotely involved," Erwin said.

"They even admit that they don't know who it was prescribed to."

Students prohibited from possessing drugs not prescribed to them

School policy prohibits students from possessing prescription drugs that were not prescribed to them, and students are supposed to report to the school nurse if they've been prescribed a drug that they need to take during the school day.

Board attorney Bill Barnett, said that, hypothetically, if a student takes drugs that haven't been prescribed to that student, it could result in an allergic reaction or even death, and that could be one of the board's concerns when it created the policy.

Barnett declined to comment directly about the case.

The student was expelled until the end of the school year. According to court documents, the student could attend school in another district or at night school.

Erwin said his client, who was a good student, is probably going to fail the school year, and that the incident would be on his record.

"I can't think of anything much worse happening to a high school student."

Erwin has asked the court to issue an injunction so his client can go back to school.

"Really we just want to get this kid back in school."

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