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VA: School Systems Debating New State Gun Law
Josey1
Member Posts: 9,598 ✭✭
School Systems Debating New State Gun Law
By Kelly Cupp
and Hillary Copsey
The Winchester Star
Area school systems could be in violation of a Virginia law that allows students to bring an unloaded rifle or shotgun to school as long as it's kept in a locked vehicle trunk.
According to an amendment to the state code section dealing with prohibiting firearms in schools, a person who possesses an unloaded firearm in a closed container, which includes a locked vehicle trunk, is exempt from the prohibition.
The inclusion of a locked vehicle trunk was added to the state code by the General Assembly this year and took effect July 1, said Charles Pyle, director of communications for the Virginia Department of Education.
Pyle said local school board policies are supposed to correspond to state code.
"They have to follow the law," he said.
If a local school board does not align policies with the state, the potential exists for someone to challenge the local policy, Pyle said.
Winchester Public Schools' policy prohibits anyone bringing firearms onto school property without prior permission.
George Craig, coordinator of curriculum and instruction for Winchester Public Schools, said when the state changes law, city schools usually follow suit.
"We usually don't go against a state law."
He said the school system will have to review their policy to determine if they are in compliance.
"It is something we're going to have to put in front of the School Board," Craig said.
However, he said, the board will probably seek legal counsel on the issue.
"It looks like one of these things we'll have to send to our attorney."
William C. Dean, superintendent of Frederick County Public Schools, said his administration has talked about the change internally.
He said they decided they would recommend no change from the current policy, which completely prohibits firearms on school property.
"Our greatest concern is the well-being and safety of those [children] sent to us," Dean said.
In today's society, he said, the school system can't allow weapons on school premises, even in locked vehicle trunks.
He said the current policy will remain in place until the School Board asks for a change or a review of the policy.
Frederick County School Board Chairman Stuart Wolk said the board isn't in the practice of going against state law, but he questions the wisdom of a law that allows weapons on school property.
"It's not something for the betterment of the school setting."
Wolk said the School Board would probably talk to legal counsel and discuss whether the members want to change current school policy.
"It's a complete about-face from everything we do."
Clarke County Public Schools plans to keep its no-gun policy intact.
The School Board recently amended its policy, in accordance with state code, to include air rifles as dangerous weapons.
"We continue to believe that students have a right to be safe in school," said Superintendent Eleanor F. Smalley.
State code gives school boards the right to enact policy to protect students. The amendment only removes the right of the state to prosecute a student for having a weapon in a locked trunk, Smalley said.
Even though that student cannot be arrested or prosecuted, Smalley said, Clarke County still will expel them.
http://www.winchesterstar.com/TheWinchesterStar/030816/Area_gun.asp
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
By Kelly Cupp
and Hillary Copsey
The Winchester Star
Area school systems could be in violation of a Virginia law that allows students to bring an unloaded rifle or shotgun to school as long as it's kept in a locked vehicle trunk.
According to an amendment to the state code section dealing with prohibiting firearms in schools, a person who possesses an unloaded firearm in a closed container, which includes a locked vehicle trunk, is exempt from the prohibition.
The inclusion of a locked vehicle trunk was added to the state code by the General Assembly this year and took effect July 1, said Charles Pyle, director of communications for the Virginia Department of Education.
Pyle said local school board policies are supposed to correspond to state code.
"They have to follow the law," he said.
If a local school board does not align policies with the state, the potential exists for someone to challenge the local policy, Pyle said.
Winchester Public Schools' policy prohibits anyone bringing firearms onto school property without prior permission.
George Craig, coordinator of curriculum and instruction for Winchester Public Schools, said when the state changes law, city schools usually follow suit.
"We usually don't go against a state law."
He said the school system will have to review their policy to determine if they are in compliance.
"It is something we're going to have to put in front of the School Board," Craig said.
However, he said, the board will probably seek legal counsel on the issue.
"It looks like one of these things we'll have to send to our attorney."
William C. Dean, superintendent of Frederick County Public Schools, said his administration has talked about the change internally.
He said they decided they would recommend no change from the current policy, which completely prohibits firearms on school property.
"Our greatest concern is the well-being and safety of those [children] sent to us," Dean said.
In today's society, he said, the school system can't allow weapons on school premises, even in locked vehicle trunks.
He said the current policy will remain in place until the School Board asks for a change or a review of the policy.
Frederick County School Board Chairman Stuart Wolk said the board isn't in the practice of going against state law, but he questions the wisdom of a law that allows weapons on school property.
"It's not something for the betterment of the school setting."
Wolk said the School Board would probably talk to legal counsel and discuss whether the members want to change current school policy.
"It's a complete about-face from everything we do."
Clarke County Public Schools plans to keep its no-gun policy intact.
The School Board recently amended its policy, in accordance with state code, to include air rifles as dangerous weapons.
"We continue to believe that students have a right to be safe in school," said Superintendent Eleanor F. Smalley.
State code gives school boards the right to enact policy to protect students. The amendment only removes the right of the state to prosecute a student for having a weapon in a locked trunk, Smalley said.
Even though that student cannot be arrested or prosecuted, Smalley said, Clarke County still will expel them.
http://www.winchesterstar.com/TheWinchesterStar/030816/Area_gun.asp
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>