Update: Is Your Front Yard the School’s Jurisdiction?

6 mm plastic BBs (0.12 g). A sample of inexpen...I was a bit confused when writing the original post because the 911 audio and the incident the video referenced occurred on September 9. Things just weren’t adding up.  However, it has now come to light that there was a second incident on September 12, and this is the incident that caused the school to do their investigation and suspend the boys.

Here is a link to the 911 call that was made on September 12 by a woman who says she lives in the neighborhood.

In the tape the woman says that the boys were running up and down the street shooting at each other. She also says that once one boy saw her, he tried to hide the gun in his pants. Clearly, this boy knew that what he was doing was not approved of.

Below is a comment that I received on my original post:

Lori, have someone read to you a full account of the Airsoft gun incident. A Google search or two will get you to the information. 1) The school board’s investigation indicated that these boys had been firing on children (bullying/harassing them) at a bus stop, which is school grounds. 2) The board’s vote was unanimous, and although we are not fans of most school boards, we find it unlikely that all members got this wrong. 3) Airsoft guns are capable of killing birds and squirrels. Manufacturers state that “eye protection is mandatory equipment” and “face protection is highly recommended” when using these “toys.” How much you wanna bet that in investigating this Airsoft bullying or harassment, a long list of prior bad behavior at school perpetrated by these two boys factored in.

We understand – you saw a headline and thought you had an excuse to lash out at teachers, schools, judges, rationale gun control laws and the rest of your imaginary “enemies.”

First of all, I did not just see a headline. I heard this discussed on the radio while I was in the car. I then went home to find what I could on the situation. I found several reports with all the same information. They all linked back to the WAVY report that I linked to in my original post. All of these reports included the September 9 911 audio, but not the September 12 audio.

I don’t see any evidence that this was a case of bullying.  If it was, I believe the school would say so and use it as part of their grounds for suspension.  Also, these kids were outside and free to move about.  If anyone was being bullied they could have easily gone home or even stopped a passer-by–like the mom that made the 911 call.

I have found that school bus stops are NOT school grounds:

Q3: Are school bus stops considered school grounds?

A: No. School buses are considered school grounds according to N.J.A.C. 6A:26-1.2; however, bus stops are not.

I also found:

Two West Point High School students charged with possessing a gun on school property – a BB gun at a school bus stop in town – were found innocent of the charge in court Monday.

A judge ruled that school bus stops are not included in school property where guns are banned.

Rationale gun control laws? A lot of people want to ignore that important word “infringed.” Enemies? My enemies are not of this world. “For our struggle is not against [e]flesh and blood, but against the rulers, against the powers, against the world forces of this darkness, against the spiritual forces of wickedness in the heavenly places.” (Ephesians 6:36)

I was not lashing out. I was trying to encourage conversation and juxtapose this incident against the two other incidents I sighted. A teacher and then a student being found with heroin (obviously illegal) were not disciplined at all. In fact, a judge ruled that the school could not fire the teacher.  Yet, it is unclear whether or not these boys broke any laws.

I believe the school has overstepped their jurisdiction and that this is a case of gunphobia.

——————Original Post Below———————————-

Two Virginia Beach boys have received long-term suspensions (lasting until June) for “possession, handling and use of a firearm”  while waiting for the school bus.  The boys were target shooting with an airsoft gun and plastic pellets.  This incident happened on private property 70 yards away from the bus stop.  The boys say that they did not fire the guns at anyone and did not take the guns to the bus stop, on the bus, or to school.

A mom passing by saw the boys target shooting and called 911.  In the tape the caller said that she believed the gun to be a toy, yet found it uncomfortable and wanted a police officer to check into it.  Clearly, this is not the school’s jurisdiction, and it is not clear how or why they got involved.1

English: Pre-war Bayer heroin bottle, original...However, if you are a teacher and caught with 20 bags of heroin in your pocket while serving on jury duty, your employer has no right to fire you because there is no evidence that this conduct “affects his performance as a teacher” a judge ruled.2

If you’re a student near the school and found to have a large amount of cash and 81 bags of heroin in your backpack, there is no indication that the school will get involved at all.  This student is being charged with possession and the intent to distribute, but nothing about an expulsion or suspension is mentioned here.3

These cases are absurd in a number of ways.  As far as the airsoft gun goes, the kids were on private property 70 yards away from the bus stop.  This is not the school’s jurisdiction, and clearly these boys did no harm to themselves or any other students at the school.

However, in the other two instances we have a very addictive drug that is harmful.  It is very likely that the student with the cash and heroin in his backpack was selling this drug to students at the school.  As far as the teacher goes, we can’t be sure.  It’s clear that it would be in the students’ best interest for these two individuals not to be at the schools they attend or work at.

Does this judge’s ruling make workplace drug testing irrelevant?  Is your employer prohibited from firing you as long is it doesn’t affect your performance (no large machinery)?

Why is it that drugs aren’t a school issue, but guns are?  Is this a case of gunphobia?  The one thing schools seem to have zero tolerance for these days is common sense.

1.  WAVY – Has zero tolerance gone too far | WAVY.com | Virginia Beach.
2.  Teacher found With 20 Bags of Heroin
3.  Student Found with 81 Bags of Heroin

Advertisements

Leave a reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s