District: Smarties violate drug and alcohol policy

CLOVIS, N.M. (KRQE) – A middle school student accused of snorting Smarties on campus has learned his punishment and he’ll now have drug possession permanently on his school record.

His mother says it’s unfair and wants to take legal action.

“I’m not for letting it go, I really am not. I will take the proper steps in trying to get this resolved,” said Kelly Cook.

Cook says the Clovis School District took a piece of candy way too far.

“They explained to me that the blowing of the Smarties was imitating drug use,” said Cook.

KRQE News 13 reported about Cook’s son, Andrew, last month.

The district says the 13-year-old crushed and snorted Smarties at school, but Cook said that’s not what happened.

“He explained there was no inhaling or snorting of any kind that they were crushing it up and blowing smoke out at each other,” said Cook.

Andrew was suspended for 12-days awaiting a fact-finding hearing.

During that hearing, the district told Cook Andrew violated the school’s “Drug & Alcohol Use by Students” Policy.

In a letter obtained by KRQE News 13, the district calls Smarties drugs.

“I was very appalled,” said Cook. “I asked that that be coded differently and they did not agree with it.”

KRQE asked the superintendent Monday if the district has a rule on the books that classifies certain candy as drugs.

He said they don’t, and that the administration decides punishments on a case by case basis.

KRQE News 13 also asked if the district would implement a new rule or at least strengthen its drug policy to include Smarties.

“If snorting candy becomes the new normal, then we will investigate and look at a new policy,” said Clovis Schools Superintendent Jody Balch.

Cook said that when her son went back to school his teacher showed the class our last report and had the students do an assignment about why Smarties are dangerous.

The superintendent said there’s nothing wrong with that because classes do assignments on current events every week.

Cook is in the process of hiring an attorney.

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