Sioux Falls School Board Expels Student For A Year - shotgun in trunk

Sioux Falls School Board Expels Student For A Year - shotgun in trunk

The Sioux Falls School Board has expelled a student for one year after they brought a weapon to school. The decision comes just days after a school resource officer found a shotgun in the trunk of car at Washington High School. The 17 year old student said he forgot the gun in his car after going pheasant hunting on opening weekend.

The decision to expel the student was done during an executive session, but the minutes from that meeting were just recently made public. School officials can't say if the expulsion of the student, and the gun found at Washington are connected. School officials aren't identifying the student either but according to school board minutes the expelled student can't come back to school until November 19th, 2010, exactly one year after a 17 year old was found with a gun in the Washington High School parking lot.

"It is simply for the protection of the general public for the students of any school district and for the employees of the district," Sioux Falls School Board President Kent Alberty said.

Federal and state law requires any student found with a firearm on campus to be expelled from school for a year, and that's exactly what the Sioux Falls School Board did after a student was found with a gun.

"With federal law being what it is we really had no choice but to take the action that federal law mandates that we take," Alberty said.

Sioux Falls Police say the Washington student forgot the shotgun in his car after a hunting trip. Officers said the gun wasn't loaded and there was no ammunition in the car.

134 comments have been made about this case on the forums page at KELOLAND.com, mostly saying the student shouldn't face such a stiff penalty.

"The kid made a dumb mistake, it's what kids do. There was obviously no intent and no danger. Reprimand the kid and send him back to class. I'm sure he learned his lesson," a KELOLAND.com forums user identified as 'Brotsky' said.

But, school officials say they faced no other choice but to give out the stiff punishment.

"There was a gun found, it was on school property and the way that we were bound to act on that investigation was to expel the student per the federal and state law," Alberty said.

According to the meeting minutes it only took the school board four minutes to make the decision to expel the student.

State law says that a superintendent can shorten or lengthen the penalty, but there has been no decision from Superintendent Pam Homan about whether she will make a decision like that in this case.

Remember Zero Tolerance requires Zero Intelligent thought

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7 Comments

4 years 43 weeks ago, 12:11 PM

zx12rmike

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President Pro Temp
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commiefornia, United States

They are setting a precedent to teach all others they mean business. It happenend to one of my kids and a knife.

"We cannot defend freedom abroad by deserting it at home" Thomas Jefferson
4 years 43 weeks ago, 12:13 PM

Anonymous

zxmikey

you have a pm

4 years 43 weeks ago, 1:43 PM

Pkato

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General
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Fort Walton Beach, Florida, United States

but for God sake, we have people driving drunk multiple times, then kill someone, then finally get a stiff penalty, things are just out of whack. Where is Hollywood sticking up for this kid like they do for murderers? Where is the ACLU?

Patrolman Kato
Firearms stand next in importance to the Constitution itself.
They are the American people's liberty teeth and keystone
under independence. -- George Washington
4 years 43 weeks ago, 2:01 PM

greg az

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Secretary of Homeland Security
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New York, NY, Tokelau

I understand making a point but if the kid accidently screwed up it seems like something that could hurt him in the future. Seems to me a case by case decision is better than one size fits all. I just wonder how it was found. If the kid was showing it off, maybe its correct.
I know this much, times sure have changed. Rural Illinois, 1959, I got my first .22 (stevens single shot)this was grade school, and like all the boys i brought it to class for show and tell. Remember this was not uncommon, and can only imagine what would happen today!

a man has to hold his word, hold his beliefs, and hold a good sight picture.
4 years 28 weeks ago, 6:02 AM

luckybychoice

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Secretary of the Treasury
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May 2009
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yes greg

there is more to the story,the car was not parked on school property but a block away on a public street according to what i read on the NRA website,yes the NRA legal dept.is looking into this issue,seems this kid was Narced on by some antigun/hunting students.

i tried being reasonable,i didn't like it, NRA LIFE MEMBER,USMC VETERAN
4 years 28 weeks ago, 10:08 PM

beaudarvil

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Rank:
Colonel
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114
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Oct 2009
Location:
Georgia, United States
Unlawful search...?

What prompted the "campus cop" to search the kids car in the first place?

Just because it's legal don't mean it's right.
4 years 28 weeks ago, 3:57 AM

Lyle Hutchins 1

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Lieutenant General
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Feb 2009
Location:
Cee-more, Ok., United States

This Pertains to the Self Defence Act Of Ok. The only way I can have my weapon on my person or in my vehicle, while on School Property, is for me to stay in the car at all times, while droping off or picking up my Son.
Now, if I park accross the street, off School Property, lock the weapon up, and lock the car, then I can Leagly go in the School.
But this was a Shotgun, not a Handgun, would the law be different.??????????
Try this SHYTE in Kalifornia
Understood, this is a Kid, No CC License, and yes, how was the firearm discovered?
Plane Sight he's Screwed!
Photo shows an empty Trunk. ??????? We need more INFO!

Lyle

§21-1280.1.

§21-1280.1.

POSSESSION OF FIREARM ON SCHOOL PROPERTY

A. It shall be unlawful for any person, except a peace officer or
other person authorized by the board of education of that district or
governing body for any public or private school, to have in his or her
possession on any public or private school property or while in any
school bus or vehicle used by any school for transportation of
students or teachers any firearm or weapon designated in Section 1272
of this title.

B. "School property" means any publicly or privately owned property
held for purposes of elementary, secondary or vocational-technical
education, and shall not include property owned by public school
districts or private educational entities where such property is
leased or rented to an individual or corporation and used for purposes
other than educational.

C. A gun or knife designed for hunting or fishing purposes kept in a
privately owned vehicle and properly displayed or stored as required
by law, or a handgun carried in a vehicle pursuant to a valid handgun
license authorized by the Oklahoma Self-Defense Act, shall not be in
violation of the provisions of this section, provided such vehicle
containing said gun or knife is driven onto school property only to
transport a student to and from school and such vehicle does not
remain unattended on school property. However, for the purposes of
participating in the Oklahoma Department of Wildlife certified hunter
training education course or any other hunting, safety or firearms
training courses, the principal or chief administrator of any public
or private school where said course is offered may authorize firearms
or other weapons to be brought onto school property and used in such
training course.

D. Any person violating the provisions of this section shall, upon
conviction, be guilty of a felony punishable by a fine not to exceed
Five Thousand Dollars ($5,000.00), and imprisonment for not more than
two (2) years. Any person convicted of violating the provisions of
this section after having been issued a concealed handgun license
pursuant to the provisions of the Oklahoma Self-Defense Act, Section
1290.1 et seq. of this title, shall have the license permanently
revoked and shall be liable for an administrative fine of One Hundred
Dollars ($100.00) upon a hearing and determination by the Oklahoma
State Bureau of Investigation that the person is in violation of the
provisions of this section

Lyle Hutchinson
samD's picture
Posted by: samD
4 years 43 weeks ago
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1,616
Comments:
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