Student Caught with Gun on TCHS Campus
This issue has been alluded to in other discussions here, and probably warrants its own topic.
In November, a student was caught with a gun on campus at Taylor County High School.
The school district has a board-approved discipline matrix that clearly defines the punishment for various offenses. The purpose of that matrix is to ensure that all students are treated fairly and equally—no favoritism. According to the matrix (http://www.taylor.k12.fl.us/shared.content/board.policies/discipline.matrices/discipline.matrix.pdf, page 8) this offense is punished by expelling the student for one year. It's important to note the wording of the discipline matrix here; it doesn't say that a student *may* be expelled for bringing in a gun (with some offenses, expulsion is recommended but not required). It says that the only possible punishment for this offense is expulsion.
The reason for this probably related to Florida Statute 1006.13 (http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1006/Sec13.HTM). Here's the applicable section (emphasis added):
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(3) Zero-tolerance policies must require students found to have committed one of the following offenses to be expelled, with or without continuing educational services, from the student's regular school for a period of not less than 1 full year, and to be referred to the criminal justice or juvenile justice system.
(a) Bringing a firearm or weapon, as defined in chapter 790, to school, to any school function, or onto any school-sponsored transportation or possessing a firearm at school.
(b) Making a threat or false report, as defined by ss. 790.162 and 790.163, respectively, involving school or school personnel's property, school transportation, or a school-sponsored activity.
District school boards may assign the student to a disciplinary program for the purpose of continuing educational services during the period of expulsion. District school superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if the request for modification is in writing and it is determined to be in the best interest of the student and the school system. If a student committing any of the offenses in this subsection is a student who has a disability, the district school board shall comply with applicable State Board of Education rules.
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This law appears to say that a student caught with a firearm at school MUST be either expelled, assigned to a disciplinary program, or put in a second chance school. And if the superintendent wants either of the latter two options, he or she must request it from the board in writing.
The problem is, none of those three things happened to this student. He wasn't expelled (minutes from the expulsion hearing are at http://www.taylor.k12.fl.us/shared.content/board.meetings/minutes/11-10-09.pdf). That much is public record. Further word on the street is that he wasn't assigned to a disciplinary program or put in a second chance school, either. This isn't public record, but can easily be confirmed by talking to any of the student's classmates.
Some questions this issue brings up:
- Did the principal of the high school recommend expulsion for the student?
- Did the superintendent ask the school board in writing to waive expulsion despite the principal's recommendation? If so, why? If not, why did board note vote for expulsion?
- How did each school board member vote on the issue? Did any vote in favor of expulsion, or was the opposition unanimous?
- How does the school board reconcile its decision to not expel the student with its discipline matrix that requires expulsion for gun possession?
- What's the school district's attorney's interpretation of Florida Statute 1006.13 as it relates to expelling students caught with guns on campus?
All of the above information is public record.
What isn't public record is the name of the student. This being a small town, though, everyone has an idea who it was. It would be inappropriate to put the name here, but suffice it to say it's the son of a prominent local family. The question being asked is whether the student was given special consideration due to who his parents are? Did the the board break the law by not expelling him? Did they, at the very least, violate their own policy? Or were they acting reasonably by showing leniency?
Sounds like someone needs to call his/her lawyer. Juicy story though. Defamation of a minor...could be some consequences of this post. Not to mention I would be pretty pissed if I was the subject of an internet blogging witch hunt. Just my personal opinion but I would pull this immediately.
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You'd be hard-pressed to find a defamation attorney that would touch this with a ten-foot pole.
For one thing, the student isn't identified. All that's said is that he's male and has big-wig parents.
But even more importantly, nothing malicious, derogatory, or false has been said about the student. These things are generally a requirement for libel/slander.
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Haven't been able to post here for a couple of days...Just wondering if the topic is offline.
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The whole board has been pretty quiet lately.
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Quiet would be an understatement, maybe everyone just decided it just was not worth reading. lol
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I have had trouble posting with the site stating that my session had timed out. Great topic, it is just another example of selective enforcement by the school board and Dyal. I understand Dyal tried to get the student and gun off campus before law enforcement was called and tried to quite the whole fiasco based on who the kid is and who the parents are. Typical potentate acts in trailer county. We have a long history of overlooking bad behavior of the "good kids"!
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WCTV was in town this week asking questions about this other Dyal fiasco. You have to wonder what is accomplished when folks stick their collective heads in the sand when selectively enforcing the discipline matrix on the "good kids". You can only imagine what would have happened if the "kid caught" with a gun at school would have been from the wrong side of the tracks, a minority or not residing in Pohill subdivision. I think jail would have been a real possibility. I can tell you one thing, the superintendent would not have been so quick to create a cove-up, get the student off campus and muddy the water to protect a golfing buddy's kid. Another sad reality of te Dyal administration, now what is the score; ethically challenged, math challenged and now subverting the discipline matrix. Way to go Dyal!
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Who was WCTV asking questions of? I'll be curious to see if they end up running anything about it; I haven't seen anything so far.
I don't know what Dyal's position on this issue may have been, but I do know that the board--not the superintendent--makes the decisions about expulsions. They're the ones responsible for not adhering to the discipline matrix.
I absolutely agree with your sentiment that things may well have turned out differently if the kid had been from the wrong side of the tracks. My hunch is that he'd have been expelled in a heartbeat. But maybe I'm just overla cynical.
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The board acts on the recommendations of the superintendent! If they could think for themselves, things would have been a lot different a long time ago.
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But the superintendent didn't have to bring this item to the board in the first place. The board doesn't make the agendas for their own meetings; the superintendent does. They can't vote on something unless he brings it to them.
So if he didn't want the student expelled, why bring it to the board at all? It could be that he supported it, but they didn't.
Of course, we'll never know, since expulsion hearings aren't subject to sunshine laws.
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My point exactly! If Dyal doesn't put it on the agenda, then the board doesn't act on it. Here's a thought, how about a board member putting something on the agenda?
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It has always been my understanding that this just isn't how things are done (not only in Taylor County, but all Florida school districts). I assumed it was due to the way Florida laws separated the duties of the board from those of the superintendent.
But in researching the issue to respond to your post, I found this:
http://myfloridalegal.com/ago.nsf/printview/EC6FAD8273F9D06A85256B490057A9DF
It's a legal opinion rendered by former Florida Attorney General Bob Butterworth in 2002. In it, he states that Florida law "does not dictate that the superintendent has sole control over the school board agenda."
I'm not an attorney, but it sounds like the board may, indeed, have the authority to put items on the agenda.
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having the authority and exercising that authority is two different things!
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The day to day operation of the school district starts and stops at Dyal's desk, the buck stops at Dyal's desk. The cover-ups, corruption, misleading budget numbers, lies and fiduciary shell games all flow from Dyal's desk. Dyal has the responsibility for all of this mess....he is the school superintendant and it is his job to get the job done.
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And Dyal should take appropriate action against kids who bring guns to school, administrative staff who are arrested (and not bail them out....hmm a manual check?) and trusted with school finances, and other school district employees who conduct their personal life like an all night crack/meth binge drunken domestic violence episode of cops. I say the chamber should contact the shows Cops and/or the First 48 or CBS for a new revised Green Acres reality show to increase business in the county. Heck the chamber could start out with the Pam Feagle case/fiasco. No that would be must see teevee for all of the folks in our community.
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Follow policy and no questions can be asked. Be fair. That makes for a good leader. The School Board needs to clear this accusation up. Who wants to send their children to school where they don't feel protected?
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Good point, the school district has personnel policies and procedures, procurement policies and procedures, general accepted accounting procedures, audits, a discipline matrix for students, Florida law, Florida School Laws, IT policies and many other tools to operate the school district. It is amazing how Dyal and company and school board members spend most of their time looking for ways to subvert these "tools" for self dealing, self profiting, cronyism and just plain corruption. Dyal and company and school board members act / think like they are the ones who have invented corruption, silly fools, it has all been done by folks before and you fools are not smarter than most folks! Well maybe smarting than a lot of the voters that put these fools in office! LOL!!!
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You have to wonder if the kid who shot the BB Gun at the school bus will get the same "pass" as the Dyal crony's son who brought a deer rifle to school in plain view of everyone. Why wasn't Dyal covering for this youngster? When Dyal selectively enforces the dicipline rules for the "good Kids" of the potentates and charlatans, how can he enforce the discipline rules on other kids who violate the rules. I am not saying that the kid who shot the BB gun should be excused, I just wonder if DYal will go all out to expidite a discipline hearing and cover for this student. The "good kid" who brought the deer rifle to school endangered every student, school employee and visitor to the TCHS on that day. Any mental defective could have gotten that gun and killed as many people as bullets available. Heck, the "good kid" could have been on a drug binge and done it himself. When yoou have a parent(s) who alcoholic, the kid may be abusing substances as well. A shame for all concerned. The BB gun toting kid may be suffering from bad parenting, the "good kid" and his parents know better!
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I agree, it is no small miracle that, with as many guns in our community and despite the lack of parental oversight, and bad parenting we have not had some type of shooting that has plagued Colorado schools, Virginia schools and places of employment across the great country. I am not anti-gun, but also think that with most folks in our community owning guns, it may keep down some crimes as home invasion and such. Who knows, I just hope and pray that a better job will be done by our school system to punish stupid kids who bring guns to school and shoot others, even with a BB gun, so we never have such problems as other cities and towns. To me it is ultimately the parents who are failing when these kids behave badly, on all socioeconomic levels, the so called "good-kids'" ought to be ashamed of themselves, the other kids, like the one with the BB gun this week, almost never have a chance with the hand they have been delt in life at such a young age. Shame on all of us; indiviuals, churches, DJJ, DCF, guardian ad litem and others not acting to intervine on this child, help now or get him a bed ready at the jail/prison down the road. This happens too much in our community! We used to do a better job!!!!
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You look at the news the past week and month and see the crazy folk who walk in and shoot people, and you look at this situation of a kid bringing a rifle, a high powered rifle to the school. A firearm that could have created a Colorado type school shooting, I just have one question; what the hell is Dyal thinking? Has he lost his mind? If all the talk is true, he is the most inappropriate, lack of judgement, ethically challenged school administrator this region has ever seen. What passes for appropriate leadership in the community is criminal!
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The county is full of potential criminals in positions of leadership. Someone start getting them out. Pick one. School administration, city government, county government, chamber, sheriff's dept, EMS and just about any board.
Back up the talk.
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The reason those in leadership don't make good judgments is because they have no fear of God and love for their fellowman. They are truly enjoying the way they live with no regard for others.
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