How the heck is this legal???
http://www.chicoer.com/news/ci_13831318
Student expelled for having unloaded shotguns in truck
By RYAN OLSON - Staff Writer
Posted: 11/20/2009 12:09:32 AM PST
WILLOWS -- The Willows Unified School District board of trustees has expelled a 16-year-old for having unloaded shotguns in his pickup parked just off the Willows High School campus.
The board voted 4-0 Thursday to expel junior Gary Tudesko after the weapons were discovered via scent-sniffing dogs on Oct. 26. Board Vice President Alex Parisio abstained from the discussion and vote because he is related to Tudesko's family.
Expulsion hearings are normally held in closed sessions, but affected students and their parents can request a public hearing.
Susan Parisio defended her son during the 105-minute public hearing at Willows Civic Center. She acknowledged that Tudesko was lazy for not storing the shotguns at home after a morning of bird hunting, but she questioned the district's ability to enforce its policies off Willows High School property.
"My son was not even parked on school property," Parisio said.
Willows High Principal Mort Geivett and other district officials did not appear to dispute that the parking space was off school property, but they cited several justifications. One of them was the legal doctrine of in loco parentis — where school officials may act in place of a parent for school functions.
Geivett said the school was responsible for students traveling to and from school as well as during lunch. He said he believed that students should not possess weapons within 1,000 feet of campus.
Geivett said he believed off-campus parking around the school was under the school's jurisdiction, in part because it is primarily used by students.
"I'm erring on the safe side of protecting staff and kids," he said.
The incident began on Oct. 26 when scent-sniffing dogs detected something in a pickup on the street north of the tennis courts on West Willow Street. A Willows police officer did a search of the license plate and traced the pickup to Tudesko.
Tudesko came out to the vehicle and said there were two shotguns and shells in the pickup. He opened his vehicle for a search, which revealed the guns on the rear seat as well as a knife with a 3-inch blade. The police held the weapons and the school suspended Tudesko for five days, which was later extended indefinitely until Thursday's hearing.
Geivett said the Education Code requires the school pursue expulsion, when a student is in possession of a firearm, knife or explosive without written permission from the school. He said he was concerned for the safety of students and staff.
"Gary should've known better than to come to campus with guns in his truck," Geivett said.
In addition to the Education Code, the Gun-Free School Zone Act of 1995 bars possession of firearms within 1,000 feet of a school, but there are exceptions for private property and for lawful transportation of non-concealable weapons.
Parisio said her son was raised in a family that has always owned guns.
"We have always, always stressed that safety is important," she said.
Parisio revisited the searches that uncovered the guns. She noted the canine search found two additional vehicles that resulted in the discovery of live ammunition.
Parisio compared the ammo to explosives — which is also covered by the mandatory expulsion law — and asked why there weren't expulsion hearings for those students.
In addition, one of the shotguns in Tudesko's pickup belonged to a friend who rode to school with Tudesko. Parisio asked why the school didn't punish this student as well.
"Selective enforcement in of itself is wrong," Parisio said.
Before the end of the session, Tudesko spoke briefly. He apologized for his actions and said he wanted to be on time for school. Tudesko said he believed it was all right to park on a public street with the unloaded weapons.
After the hearing, several school board members declined to comment on their decision.
Parisio said she will appeal the district's decision to the Glenn County Board of Education. If the decision is upheld and her son is sent to a continuation school, Parisio said she would likely home-school Tudesko.
http://www.chicoer.com/news/ci_13831318
Student expelled for having unloaded shotguns in truck
By RYAN OLSON - Staff Writer
Posted: 11/20/2009 12:09:32 AM PST
WILLOWS -- The Willows Unified School District board of trustees has expelled a 16-year-old for having unloaded shotguns in his pickup parked just off the Willows High School campus.
The board voted 4-0 Thursday to expel junior Gary Tudesko after the weapons were discovered via scent-sniffing dogs on Oct. 26. Board Vice President Alex Parisio abstained from the discussion and vote because he is related to Tudesko's family.
Expulsion hearings are normally held in closed sessions, but affected students and their parents can request a public hearing.
Susan Parisio defended her son during the 105-minute public hearing at Willows Civic Center. She acknowledged that Tudesko was lazy for not storing the shotguns at home after a morning of bird hunting, but she questioned the district's ability to enforce its policies off Willows High School property.
"My son was not even parked on school property," Parisio said.
Willows High Principal Mort Geivett and other district officials did not appear to dispute that the parking space was off school property, but they cited several justifications. One of them was the legal doctrine of in loco parentis — where school officials may act in place of a parent for school functions.
Geivett said the school was responsible for students traveling to and from school as well as during lunch. He said he believed that students should not possess weapons within 1,000 feet of campus.
Geivett said he believed off-campus parking around the school was under the school's jurisdiction, in part because it is primarily used by students.
"I'm erring on the safe side of protecting staff and kids," he said.
The incident began on Oct. 26 when scent-sniffing dogs detected something in a pickup on the street north of the tennis courts on West Willow Street. A Willows police officer did a search of the license plate and traced the pickup to Tudesko.
Tudesko came out to the vehicle and said there were two shotguns and shells in the pickup. He opened his vehicle for a search, which revealed the guns on the rear seat as well as a knife with a 3-inch blade. The police held the weapons and the school suspended Tudesko for five days, which was later extended indefinitely until Thursday's hearing.
Geivett said the Education Code requires the school pursue expulsion, when a student is in possession of a firearm, knife or explosive without written permission from the school. He said he was concerned for the safety of students and staff.
"Gary should've known better than to come to campus with guns in his truck," Geivett said.
In addition to the Education Code, the Gun-Free School Zone Act of 1995 bars possession of firearms within 1,000 feet of a school, but there are exceptions for private property and for lawful transportation of non-concealable weapons.
Parisio said her son was raised in a family that has always owned guns.
"We have always, always stressed that safety is important," she said.
Parisio revisited the searches that uncovered the guns. She noted the canine search found two additional vehicles that resulted in the discovery of live ammunition.
Parisio compared the ammo to explosives — which is also covered by the mandatory expulsion law — and asked why there weren't expulsion hearings for those students.
In addition, one of the shotguns in Tudesko's pickup belonged to a friend who rode to school with Tudesko. Parisio asked why the school didn't punish this student as well.
"Selective enforcement in of itself is wrong," Parisio said.
Before the end of the session, Tudesko spoke briefly. He apologized for his actions and said he wanted to be on time for school. Tudesko said he believed it was all right to park on a public street with the unloaded weapons.
After the hearing, several school board members declined to comment on their decision.
Parisio said she will appeal the district's decision to the Glenn County Board of Education. If the decision is upheld and her son is sent to a continuation school, Parisio said she would likely home-school Tudesko.
