I would hope so unless it is sealed. He cannot be legally charged for shooting his teacher but since he cannot be charged will this be sealed or erased from his school record?
VA- 6-YEAR-OLD is in custody after shooting teacher
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I would hope so unless it is sealed. He cannot be legally charged for shooting his teacher but since he cannot be charged will this be sealed or erased from his school record?
If he is shuffled to another school district would his behavioral record transfer as well? I would assume so, but nothing seems to be logical anymore.
YepperBepper
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I very much agree.
Yet, I can tell you first hand that some districts will insist on mainstreaming. Unfortunately, they don't have the trained staff to address the number of children presenting with difficult and disruptive behaviors. And ... It's expensive.
Many districts will attempt mainstreaming based on IDEA's (federal law) reference to "the least restrictive environment", aka LRE. Obviously, mainstreaming or mainstreaming with pullouts IS the least restrictive. There are districts around the country that use this as a starting point and work from there; some with good intentions, some because they don't have available staff or would prefer not to spend the $$ to hire that specialized staff. Keep in mind, if it's determined that a district does not have the capacity to educate a difficult child, the district is obligated to pay for specialized schooling. One of our local "specialized schools" costs $80,000...and our area could be considered economically depressed.
My district wanted to do this with my guys. One year in a mainstream classroom with pullouts...and review the outcome at years end. I either did that, homeschooled or went private. We chose private only because we had a marvelous (and somewhat affordable with both parents working full-time plus each having a side gig) option. Many don't. We chose private because my guys would have reeked havoc in a mainstream classroom and the teacher, the other kids and my guys would have suffered for it. (Ps. My district now has a great autistic support classroom...but did not then (early 2000s)).
LRE:
What Is Least Restrictive Environment?
Least restrictive environment, or LRE, means a child who gets special education should learn alongside general education peers as much as possible. Learn more.
www.understood.org
All imho
No school resource officer for Richneck as students set to return
There will be a heavy police presence when students return to class Monday at Richneck Elementary School, but it will continue to not have a school resource officer, according to Newport News Polic…www.wavy.com
There will be a heavy police presence when students return to class Monday at Richneck Elementary School, but it will continue to not have a school resource officer.
....
“There was information known ahead of time that there may be a gun on campus,” Drew said. “We were not notified about that ahead of time. The only time we knew was after the incident.”
...
“The police department along with federal partners of the ATF conducted a search of their residence,” Drew said. “We also conducted a search of records from human services, and other services the family received.”
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“We want to know if there are any records dealing with aggressive behavior, anger issues from the school,” Drew said. “I would l like to review those records.”
....
Contrary to many parents wishes, Drew said there will be not be a student resource officer, or SRO, assigned to Richneck Elementary.
....
“If I had the manpower right now, I would ask, ‘Is that something you (the school division) would like?’ I am in favor of it, but that is their building and that is their decision.”
Who has the Richneck Elementary school records? It seems those records should be "subpoenaed" IF there is actually an investigation ongoing.
jmo
ETA:
There are Virginia laws regarding maintenance of school records AND using school records as evidence.
Title 8. Education
law.lis.virginia.gov
Title 8.01. Civil Remedies and Procedure
law.lis.virginia.gov
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I believe that might be the delay in the investigation. The boy has not been officially charged, therefore his records should not be officially sealed ( IMO). I believe others may be disputing that, and there now seems to be multiple legal angles to question and therefore delay. Sad.
Ahhh... yes! That old legal stall technique. You're right! Yes, another poster mentioned FERPA earlier.
FERPA
However, there are several exceptions that allow the release of student records to certain parties or under certain conditions. Records may be released without the student’s consent: (1) to school officials with a legitimate educational interest; (2) to other schools to which a student seeks or intends to enroll; (3) to education officials for audit and evaluation purposes; (4) to accrediting organizations; (5) to parties in connection with financial aid to a student; (6) to organizations conducting certain studies for or on behalf of a school; (7) to comply with a judicial order or lawfully issued subpoena; (8) in the case of health and safety emergencies; and (9) to state and local authorities within a juvenile justice system. (20 U.S.C.S. § 1232g(b)(1)).
However, there are several exceptions that allow the release of student records to certain parties or under certain conditions. Records may be released without the student’s consent: (1) to school officials with a legitimate educational interest; (2) to other schools to which a student seeks or intends to enroll; (3) to education officials for audit and evaluation purposes; (4) to accrediting organizations; (5) to parties in connection with financial aid to a student; (6) to organizations conducting certain studies for or on behalf of a school; (7) to comply with a judicial order or lawfully issued subpoena; (8) in the case of health and safety emergencies; and (9) to state and local authorities within a juvenile justice system. (20 U.S.C.S. § 1232g(b)(1)).
FERPA
However, there are several exceptions that allow the release of student records to certain parties or under certain conditions. Records may be released without the student’s consent: (1) to school officials with a legitimate educational interest; (2) to other schools to which a student seeks or intends to enroll; (3) to education officials for audit and evaluation purposes; (4) to accrediting organizations; (5) to parties in connection with financial aid to a student; (6) to organizations conducting certain studies for or on behalf of a school; (7) to comply with a judicial order or lawfully issued subpoena; (8) in the case of health and safety emergencies; and (9) to state and local authorities within a juvenile justice system. (20 U.S.C.S. § 1232g(b)(1)).
IMO, numbers (8) and (9) also would apply just as well. Although the boy is 6, and not even able to be considered a juvenile yet, am I correct? He has not been charged, and I would venture to guess that he has not been in the system then. Such a mess!!
Virginia school principal, assistant principal depart after 6-year-old shoots teacher
The Jan. 6 shooting by a six-year-old at a Newport News, Virginia, school was the third shooting in the school district in the past 18 months.
"Now, principal Briana Foster Newton and assistant principal Ebony Parker have both left the school. A spokesperson for the school district said that Newton remained employed by the district, but did not reveal in what capacity, and Parker resigned from the school district."
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MOO... I'm sure, COP Drew obtained a subpoena, as standard operation procedures.Who has the Richneck Elementary school records? It seems those records should be "subpoenaed" IF there is actually an investigation ongoing.
jmo
ETA:
There are Virginia laws regarding maintenance of school records AND using school records as evidence.
Title 8. Education
Title 8.01. Civil Remedies and Procedure
Moo...The school has lawyered up. I would think the disciple records/plans would be critical to the investigation. A court battle maybe required, but I do believe a judge will release to LE. In addition, ATF searched the home, leading me to believe they may seek charges.
I do NOT believe NNPD is seeking charges against the child; however, I do think they will look long and hard, if adults are responsible.
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Your Quote:
"I do NOT believe NNPD is seeking charges against the child; however, I do think they will look long and hard, if adults are responsible."
6-year-old is unlikely to be charged in teacher's shooting, but parents could be, experts say
After 6-year-old Virginia boy shot teacher, the question becomes will his parents be charged?
The criminal investigation is likely to focus on whether the boy's parents properly secured the weapon used in Friday's shooting at Richneck Elementary School in Virginia.
www.nbcnews.com
NBC News legal analyst Danny Cevallos said it’s highly unlikely the boy will be charged, even in juvenile court.
“While theoretically, they could charge him with a crime, they’d have to prove that a 6-year-old was capable of forming the intent for attempted murder,” Cevallos said. He added the boy is also unlikely to be charged because he is not competent to stand trial because “he can’t assist his attorney and doesn’t understand what’s going on.”
The child’s parents could be charged with reckless endangerment or child neglect, Cevallos said.
In recent years, several adults have been charged in Virginia after a child has fired an unsecured gun.
The child was under a court-ordered temporary detention and being treated at a medical facility. He has 96 hours to appear in front of a judge who will determine whether he will continue treatment and what the next steps in the case are, Drew said.
Virginia law does not set a minimum age for criminal defendants. (The state's juvenile detention facilities have a minimum age of 11.)
But very young children are generally protected from criminal prosecution under a legal doctrine called the "infancy defense." Criminal defendants must be found competent to stand trial; such a determination would be challenging to make about a 6-year-old, McConnell said.
Instead, authorities may pursue a "child in need of services petition," she said. Such a declaration would allow a court to order social services, including counseling.
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For reference, here is the type of weapon brought to school by the child, a Taurus 9mm. I selected the "slim" model which is a subcompact, designed for undetectable concealed carry.... https://www.sportsmansoutdoorsuperstore.com/products2.cfm/ID/206320
"With an overall width of 1.10 inches and a 4.8-inch height, the G2S satisfies the "concealed" expectations of the subcompact handgun buyer while delivering a robust grip and operational ergonomics on par with larger-frame pistols. This is due largely to the intelligently designed polymer frame and "sticky" stipling patches strategically placed along the grip. The comfortably sized trigger guard and smooth edging allows small- and large-hand shooters to achieve and maintain a solid, well-aligned grip for optimal trigger control and slide actuation. In addition to its small print, the 20.25-ounce (loaded) weight makes the G2S an easy all-day carry in a holster or purse."
"With an overall width of 1.10 inches and a 4.8-inch height, the G2S satisfies the "concealed" expectations of the subcompact handgun buyer while delivering a robust grip and operational ergonomics on par with larger-frame pistols. This is due largely to the intelligently designed polymer frame and "sticky" stipling patches strategically placed along the grip. The comfortably sized trigger guard and smooth edging allows small- and large-hand shooters to achieve and maintain a solid, well-aligned grip for optimal trigger control and slide actuation. In addition to its small print, the 20.25-ounce (loaded) weight makes the G2S an easy all-day carry in a holster or purse."
District reassigns principal of Virginia school where boy, 6, allegedly shot teacher, spokesperson says | CNN
In an email to CNN confirming the reassignment, the district would not say where it was reassigning former principal Briana Foster Newton.
Lynch encouraged families to send their children to school using “their typical mode of transportation to school and home” and asked that families send their children to school without a book bag as the school will provide them with clear book bags for use on Monday.
If students bring lunch items to school, those items will be run through a metal detection unit and are subject to search, the email reads.
The school will be limiting visitors in the school leading during this first week of instruction to allow “staff the opportunity to establish routines and procedures with students,” according to the email. Parents are not allowed to enter classrooms and those who chose to walk their children to class must show identification and are also subject to search, it added.
In an email to CNN confirming the reassignment, the district would not say where it was reassigning former principal Briana Foster Newton.
Lynch encouraged families to send their children to school using “their typical mode of transportation to school and home” and asked that families send their children to school without a book bag as the school will provide them with clear book bags for use on Monday.
If students bring lunch items to school, those items will be run through a metal detection unit and are subject to search, the email reads.
The school will be limiting visitors in the school leading during this first week of instruction to allow “staff the opportunity to establish routines and procedures with students,” according to the email. Parents are not allowed to enter classrooms and those who chose to walk their children to class must show identification and are also subject to search, it added.
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Am I the only one who thinks these new school issued clear backpacks are just creepy and sort of border on breach of privacy, not to mention a complete waste of money? Sure, anyone could conceal anything personal or private inside of a bag inside of the clear back pack but that sort of defeats the purpose since anyone could do the same thing with a weapon.
jmo
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As someone who had to deal with menstruation as a young adult, I have to admit the first thing I think about is how on earth do kids having their period (or just being prepared!) hide their pads and tampons? I strongly remember the instant mockery and deep shame should one of those items fall out of a regular backpack while you were digging for something else. How on earth do you hide them when everything is on show?
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That was exactly my first thought.
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I mean, in an ideal world, menstruation wouldn't be treated like anything dirty or shameful or needing to be hidden, but it IS, and kids are selfconscious enough about their bodies at that age without their backpack announcing to the world that they're bleeding. Makes me fear there are going to be cases of TSS from kids leaving a single tampon in all day without changing it because they don't want to carry a spare with them. Also, who's going to carry a spare pair of knickers, which is often just as important? I know I often needed to do a quick change on heavy days.
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