U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Education
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 01-25-2013, 01:02 AM
 
29 posts, read 41,259 times
Reputation: 28

Advertisements

Curious if this is worth fighting. My son went hunting and forgot to take his gun out of his truck. He went to school the next morning and the deputy patrolling the parking lot saw it in his back seat. He called in the tag and let the assistant principal know it was my son. The assistant principal called me and said I know your son hunts and it was an honest mistake. I am letting him leave school right now and bring the gun home and come back to school. The deputy saw my son and said I bet you hunt and forgot your gun. Take it on home and don't let it happen again. No one from the school ever went to my son's truck and the officer didn't search the truck. My son went back to school and about 3 hours later I get a call that he is being sent home and faces being expelled. Should I talk to an attorney?
Reply With Quote Quick reply to this message

 
Old 01-25-2013, 05:35 AM
 
Location: Pennsylvania
5,414 posts, read 9,571,292 times
Reputation: 8577
Perhaps, but find out more about what is going to happen. I suspect that there is an assistant principal and maybe a deputy who will be looking for work very soon. If this happens as you described, they were both extremely negligent, and that might be enough to work out something to keep your son's place in school. By rights though, expulsion seems like it would be a normal response to a student bringing a gun onto school grounds.

My guess is that word got to somebody else at the school who set standard response wheels in motion.
Reply With Quote Quick reply to this message
 
Old 01-25-2013, 06:36 AM
 
2,612 posts, read 4,594,197 times
Reputation: 3937
So they see a gun in a car...and send the kid back out to his car?? That's incredibly stupid in light of recent events, even if they do know your son. I agree that maybe that will help you. However, these days I'm not sure anyone will have much sympathy for someone bringing a gun onto school grounds, regardless of the reason why. Especially one in plain view. It might not have had any malicious meaning in this case, but it's pretty hard to imagine someone being so careless with a gun that they just forgot it was in their car.
Reply With Quote Quick reply to this message
 
Old 01-25-2013, 07:01 AM
 
Location: Beautiful Rhode Island
6,309 posts, read 10,484,815 times
Reputation: 6110
Agree with Marie. You may end up engaging an attorney anyway if certain issues are raised and they decide to prosecute. Was your son 18 or 21, (depending on what state you live in) and legally entitled to own a gun? If so, he'll be held responsible for negligence if charged. If it was your gun, especially if he's under 18 ( presume he's a high school student) you'll be charged.

No offense, but I can't imagine your not having a closer handle on where your son's gun is at all times. Once he's done hunting, it should be in a locked case and you should monitor that very closely.
Reply With Quote Quick reply to this message
 
Old 01-25-2013, 07:45 AM
 
Location: USA
7,778 posts, read 9,626,173 times
Reputation: 11673
Considering that 5 and 6 year old children are expelled from preschool for toy gun or even pretend guns. There is no excuse for a teen to be unaware of the temper of the times with schools so watchful about anything related to firearms. Even being careless about safety needs to be addressed. Having the weapon in plain view is inviting someone to break in and swipe it. Was it loaded? Maybe.
Reply With Quote Quick reply to this message
 
Old 01-25-2013, 08:00 AM
 
Location: Shawnee-on-Delaware, PA
3,680 posts, read 3,262,911 times
Reputation: 6533
In these times gun owners need to tread very, very carefully. The boy was obviously negligent in leaving the gun in the car but I hope he doesn't get expelled over it. If there is a zero-tolerance policy in place, which protect the administration, then he'll get whatever punishment is spelled out in that rule. Good luck, and hire an attorney. Your son getting expelled during what I assume is his senior year is worth fighting against.
Reply With Quote Quick reply to this message
 
Old 01-25-2013, 08:52 AM
 
Location: St Louis, MO
4,677 posts, read 4,598,660 times
Reputation: 2966
Transporting a firearm onto campus is the sole basis for expulsion in many states due to federal laws that override state laws in that situation. Once the deputy saw the firearm, there really was no leeway on the issue for the school. Unfortunately for the assistant principal, covering it up at that point would have been a criminal action on his part, and he was probably made aware of this by the deputy.

The school board will ultimately have to vote to expel. Your son does have a right to an attorney for that hearing. More importantly, an expulsion hearing must trigger a delinquency hearing as well. Your son will be reported to the criminal justice system (if 18) or juvenile delinquency system (if under 18). You will definitely want a lawyer for that.

Federal law is pretty specific though. Any district which fails to expel for a minimum of 1-year when a student brings a firearm on campus, will lose all federal funding. But, the 2002 amendments allow for case by case modification of those expulsions if state law allows such modifications. Those modifications are your son's best opportunity to avoid an expulsion.
20 USC 7151 - Gun-free requirements | Title 20 - Education | U.S. Code | LII / Legal Information Institute
Reply With Quote Quick reply to this message
 
Old 01-25-2013, 09:12 AM
 
29 posts, read 41,259 times
Reputation: 28
Thanks for the responses. Believe me, I understand what my son did was wrong and he does too. We are just devastated over it. He is a really good kid who has nothing on his record. I do think that he may be somewhat protected by having an IEP in place. I know the laws are a little different due to IDEA. I have been trying to read about it but it is really hard to understand. We have a meeting with the school Monday. I wish I knew more before this meeting. If anyone has information regarding this, please pass it along. The assistant principal is really being nice to us but I know why - because of him letting my son bring the gun home and return to school. I suspect he will do whatever he can to try to save himself.
Reply With Quote Quick reply to this message
 
Old 01-25-2013, 12:41 PM
 
Location: St Louis, MO
4,677 posts, read 4,598,660 times
Reputation: 2966
Because this stems from federal law, rather than state law, do not count on the IEP providing protection.
I think you really might want to have a lawyer involved, one who knows this particular aspect of juvenile law for your state. Be careful walking into a meeting without any sort of prior legal briefing. Like I mentioned, the district's federal funding might be at stake on an issue like this.
Reply With Quote Quick reply to this message
 
Old 01-25-2013, 01:44 PM
 
Location: Shawnee-on-Delaware, PA
3,680 posts, read 3,262,911 times
Reputation: 6533
Quote:
Originally Posted by marigolds6 View Post
Because this stems from federal law, rather than state law, do not count on the IEP providing protection.
Yes it stems from federal law, but the case will not be decided by a bureaucrat in Washington. This is from the link you provided earlier:

"except that such State law shall allow the chief administering officer of a local educational agency to modify such expulsion requirement for a student on a case-by-case basis if such modification is in writing."

The bottom line is, it would've been so much easier to put the gun away properly after hunting, but it's possible that state law allows for case-by-case evaluation. Actually I'm not sure what the IEP will do other than prove the kid has some sort of special need, but then I'd have to ask why, if he has special needs, isn't his handling of the gun being more closely supervised?
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Education
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top