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Discipline Decided In Student Inhaler Incident

Students To Withdraw From School

POSTED: Friday, October 10, 2003
UPDATED: 5:17 pm CDT October 10, 2003

A meeting was held Friday for a student accused of breaking school rules and state law by giving his girlfriend his inhaler when she had trouble breathing, News2Houston reported.
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Andra Ferguson and her boyfriend, Brandon Kivi, both 15, use the same type of asthma medicine, Albuterol Inhalation Aerosol.

Ferguson said she forgot to bring her medication to their school, Caney Creek High School, 16840 FM 2090, on Sept. 24. When she had trouble breathing, she went to the nurse's office.

Out of concern, Kivi let her use his inhaler.

But the school nurse said it was a violation of the district's no-tolerance drug policy, and reported Kivi to the campus police. He was suspended for three days and charged with delivering a dangerous drug. He faced expulsion and being sent to juvenile detention on juvenile drug charges.

On Friday, school officials decided to expel Kivi but not press criminal charges. They said it was an amicable agreement.

"I'm happy. Everything's final," Kivi said. "I'm expelled 'til after Christmas and I can come back after Christmas, but I won't."

Ferguson said Kivi possibly saved her life and should never have been punished.

"I still think he did the right thing 'cause he was just doing good and he did the right thing," Ferguson said.

Conroe Independent School District officials released the following statement. "Texas school districts are required by law to expel students who commit certain offenses. Delivery of a dangerous drug is one of those offenses."

Kivi's family is relieved it's over.

"I won in a way, but what they (did) to my son was unfair. I'm still angry," said Theresa Hock, Kivi's mother.

Kivi said the ordeal taught him the lesson of a lifetime.

"If I had this to do again, I would do the right thing and ask the nurse before I do it, to keep out of trouble," Kivi said.

Ferguson was not disciplined over the incident.

Both Kivi and Ferguson decided to withdraw from Caney Creek High School to be home-schooled.

The families received calls of support from around the world after their story was made public.

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