Student May Be Expelled for Firing a Toy Gun…in His Own Yard....its true

[jamil]

:scrath: and
This latest article on Yahoo! News
Suspension of Virginia students over pellet guns prompts debate
paints a much different picture of what occured.

From that story the kids were shooting the pellets at other kids standing in the bus waiting area.

No matter where the truth between the two sides lies, this is purely a matter of jurisdiction. Does the school have jurisdiction at a bus stop?

This school claims the safety of kids traveling to and from school is THEIR responsibility, so that gives them jurisdiction at the bus stop. I'd like to hear from someone who knows, do schools legally have authority at bus stops? And if they are responsible for what happens to the kids at bus stops, why are they avoiding their responsibilities? If it's their gig, why are there no school chaperones at bus stops? Do schools really want that liability?

I don't think are responsible and I don't think bus stops should be their jurisdiction.

If the kids broke any laws, prosecute them. If they caused personal or property damage, sue them. It's not the school's business, though I might imagine they would suspend the students if they were convicted of a crime.

 

[Cameramonkey]

No matter where the truth between the two sides lies, this is purely a matter of jurisdiction. Does the school have jurisdiction at a bus stop?

This school claims the safety of kids traveling to and from school is THEIR responsibility, so that gives them jurisdiction at the bus stop. I'd like to hear from someone who knows, do schools legally have authority at bus stops? And if they are responsible for what happens to the kids at bus stops, why are they avoiding their responsibilities? If it's their gig, why are there no school chaperones at bus stops? Do schools really want that liability?

I don't think are responsible and I don't think bus stops should be their jurisdiction.

If the kids broke any laws, prosecute them. If they caused personal or property damage, sue them. It's not the school's business, though I might imagine they would suspend the students if they were convicted of a crime.

IF the parents signed the handbook that defines the bus stop as part of school and under the administrative control of the school district and its rules, then yes. It applies. Can a parent be charged under the law as if it were school? I dont think so. I dont recall seeing "bus stops" included in the code, unless you consider the bus stop area being equal to say a private ballroom being used for a school dance. But didnt they repeal that "property being used by a school function counts as a gun free zone" part of the law this year?

I could be wrong...

 

[Bill of Rights]

IF the parents signed the handbook that defines the bus stop as part of school and under the administrative control of the school district and its rules, then yes. It applies. Can a parent be charged under the law as if it were school? I dont think so. I dont recall seeing "bus stops" included in the code, unless you consider the bus stop area being equal to say a private ballroom being used for a school dance. But didnt they repeal that "property being used by a school function counts as a gun free zone" part of the law this year?

I could be wrong...

You're not wrong, but unless our state legislators fix it, that language will be back in July of 2014, due to a screwup by LSA (the folks who actually research and put the bills in proper form before the legislators see them.)
They took the old text and put it into the recodification law that was also passed at the same time the "property being used..." language passed.

I imagine our legislators are fully aware, and I can already hear "...passed out of both houses with a bipartisan majority...." being said to correct the error, however, let's make sure our legislators know we want things to improve from where they are, not go backwards. I'm writing today.

Blessings,
Bill

 

[eldirector]

But didnt they repeal that "property being used by a school function counts as a gun free zone" part of the law this year?

These aren't firearms, so not really pertinent.

In Indiana, I don't believe "bus stops" are school property in IC, like the buses themselves are. However, I would bet that many school systems would include "bus stops" as part of "traveling to and from school", which is very commonly under their (self-described) jurisdiction.

 

[Mark 1911]

Wow. Just wow. When I was growing up, it was as common as could be for boys to chase each other around the neighborhood with toy guns and play "army". We didn't have zombie targets, we just used each other for targets. If you didn't fall down when you were supposed to, that's when things could get a bit dicey.

By today's standards, we would all be categorized as violent hoods, maybe terrorists. We probably be in danger of being shot by the local PD for that matter. How sad. Seems we're afraid of our own shadows anymore.

 

[88GT]

In addition, to continue discussing Brownsburg, this line marks the end of the policy book:

That's a good line (for the citizens/for the natural rights) to be in there. I would hope that anyone in Brownsburg adversely affected by these rules would take the time to know that was there.



Why do people allow it? Simple answer to a complex problem, it's a paradigm. Just like "We potty train our children about 2 years old." and "We vaccinate against measles, mumps, and Rubella." and "We eat supper at 6PM", there is the paradigm that says, "When a child turns 5, they go to kindergarten. When they turn 6, they go to school." The disconnect happens at the word, "go". They don't have to GO anywhere; what, they learned nothing in those first 5 years? They had to wait to start learning until they turn five? We've discussed homeschooling ("we" on INGO as well as "we", you and I) and really, there's little if any reason not to do it. I was talking with a couple of co-workers this last weekend and a person they knew at another job had been hired by Indianapolis Fire, back when EMS was still part of the FD. (For those who don't know, that's a job some people would give certain body parts to have.)

She quit that job, giving up the salary, the "perks", the retirement, and maybe even her paramedic certification (*) to stay home and homeschool her child(ren).

That is an awful lot to give up, friends... but in her view, evidently, giving her children to the State for several hours a day is even more, and I can't say I disagree with that.

I don't have school-age children anymore, but I wish I'd known about all this when it was relevant. I can't say I'd have left my job, but I can say I'd have considered different options at the time.

I know. But I think it's more than that. There are some for whom the government schools really are the best choices, all circumstances considered. They hate the reality and would love to be able to provide their child(ren) with something different, but doing so would be a sacrifice that does more harm than good. This isn't about them. This is about the parents who know what's going on and for their own selfish reasons--whatever they may be--continue to hand their children over to the state and then get irate when the state does something like this. Why? This is what the state does. This is what you are subjecting your children to when you CHOOSE to send them off to school.

If someone reading this has a child or children of or approaching an age to be enrolled in school, please consider your options. If you don't know what your options are, contact 88GT or someone else you know who uses some other option. They're your children, not the State's. Not only that, they're OUR future, so I think we all have a stake in expressing opinions, though it remains your purview as parent to decide to which opinion you will listen.

Thank you for the vote of confidence. I will add this, because I know my aggressiveness on this issue might make others concerned about approaching me: you can rest assured that I will not attempt to push you into homeschooling. As well known as my advocacy for homeschooling is, I would hope that it is equally well known that I hold dear the right of the parent to choose the best course of action for his family. And I'm perfectly okay if that isn't homeschooling. However, if you really like the idea of homeschooling but have reservations, hit me up with a PM. There is no reason you can't, and I am living proof of that!

I'll second that. She has been a fantastic resource for my family. We are already doing a hybrid homeschool through K12.com (they attend classes in classrooms two days a week and we do the rest online) and are pulling back to traditional homeschool within the next week or two as soon as our new curriculum materials arrive and we find a logical time to stop.

Pffffft. Why wait?

 

[indydrew1]

Wow. Just wow. When I was growing up, it was as common as could be for boys to chase each other around the neighborhood with toy guns and play "army". We didn't have zombie targets, we just used each other for targets. If you didn't fall down when you were supposed to, that's when things could get a bit dicey.

By today's standards, we would all be categorized as violent hoods, maybe terrorists. We probably be in danger of being shot by the local PD for that matter. How sad. Seems we're afraid of our own shadows anymore.

Dude I sold a gun to was telling me how his kids got the cops called on them for playing airsoft in a field. Dude who called the cops said he was afraid to leave his house. The sad thing is the cops gave the kids a hard time about it. This was Carmel.

 

[Tlam13]

This whole story should be ridiculous and laughable, but sadly we see more and more stories like this in the news. I wish the parents had the resources to sue the school and win to set a precedence to curb these type of 'nanny state' attacks on harmless fun and our freedom!