1 School Security Officer Program Module II. 2 School Security Officer Program Module II: Key Legal Issues Presented by the Virginia Department of Criminal

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School Security Officer School Security Officer ProgramProgram

Module IIModule II

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Module II:Key Legal Issues

Presented by the Virginia

Department of Criminal Justice

Services

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Module IIModule II 11stst Amendment - Freedoms Amendment - Freedoms 44thth Amendment - Search & Seizure Amendment - Search & Seizure 55thth Amendment – Due Process (criminal) & Amendment – Due Process (criminal) &

Securing Securing InformationInformation 88thth Amendment - Corporal Punishment Amendment - Corporal Punishment 1414thth Amendment – Due Process (civil) Amendment – Due Process (civil) FERPA - School RecordsFERPA - School Records Reporting School OffensesReporting School Offenses Selected Virginia Code of InterestSelected Virginia Code of Interest


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Know Your Student Code of Know Your Student Code of Conduct!Conduct!

NOTE: All legal subject matter NOTE: All legal subject matter covered in this module is superceded covered in this module is superceded by the specific directives found by the specific directives found within your Student Code of within your Student Code of Conduct. It is essential that each Conduct. It is essential that each SSO has a clear understanding of SSO has a clear understanding of this important document.this important document.

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The 1st AmendmentThe 1st AmendmentFreedomsFreedoms

Congress shall make no Congress shall make no law respecting an law respecting an establishment of religion, establishment of religion, or prohibiting the free or prohibiting the free exercise thereof; or exercise thereof; or abridging the freedom of abridging the freedom of speech, or of the press; or speech, or of the press; or the right of the people the right of the people peaceably to assemble, and peaceably to assemble, and to petition the government to petition the government for a redress of grievances.for a redress of grievances.

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Practical TipsPractical Tips Know your school’s policies on Know your school’s policies on

student speech restrictions and student speech restrictions and refer to your school division’s refer to your school division’s Student Code of ConductStudent Code of Conduct

Most policies forbid and punish Most policies forbid and punish speech that is lewd, obscene, or speech that is lewd, obscene, or offensive.offensive.

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The 1st AmendmentThe 1st AmendmentFreedomsFreedomsPractical TipsPractical Tips

Schools may restrict student speech Schools may restrict student speech or expression – providing they can or expression – providing they can forecast a substantial disruption to forecast a substantial disruption to the educational program.the educational program.

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Practical TipsPractical Tips Schools may forbid the wearing of Schools may forbid the wearing of

clothing that displays text or clothing that displays text or pictures that are lewd, offensive, pictures that are lewd, offensive, obscene, disruptive or which obscene, disruptive or which violates the established district and violates the established district and school dress codes.school dress codes.

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Practical TipsPractical Tips

Schools may not ban armbands or Schools may not ban armbands or buttons which are worn to express buttons which are worn to express a political statement, unless school a political statement, unless school officials can reasonably forecast officials can reasonably forecast substantive physical disruption of substantive physical disruption of educational activities, as a result of educational activities, as a result of these items being worn. these items being worn.

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Practical TipsPractical Tips School authorities may forbid speech School authorities may forbid speech

that threatens or intimidates any that threatens or intimidates any persons or groups because of their persons or groups because of their religious beliefs, sexual preference, religious beliefs, sexual preference, race, or race, or ethnicethnic background. background.


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The 1st AmendmentThe 1st AmendmentFreedomsFreedomsPractical TipsPractical Tips

Know your school’s policies on school-Know your school’s policies on school-sponsored publications, and what is sponsored publications, and what is prohibited from being written or prohibited from being written or distributed in your school.distributed in your school.

Material that is obscene, libelous, or Material that is obscene, libelous, or disruptive to the school may be disruptive to the school may be prohibited. Your principal and school prohibited. Your principal and school attorney should be consulted for attorney should be consulted for direction in the matter.direction in the matter.

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Electronic Messages/Text Electronic Messages/Text Practical TipsPractical Tips

The SSO should be aware of the Code of The SSO should be aware of the Code of Virginia sections that govern the illegal Virginia sections that govern the illegal transmission of threatening electronic transmission of threatening electronic messages.messages.

The SSO should be aware of sites utilized The SSO should be aware of sites utilized

by their students to post material that by their students to post material that may impact the safety, order and may impact the safety, order and discipline of the school environment.discipline of the school environment.


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Practical TipsPractical Tips Schools may not regulate the Schools may not regulate the

content of publications written, content of publications written, printed, and distributed by printed, and distributed by students off school grounds.students off school grounds.

Caution: Students involved in such Caution: Students involved in such publications remain subject to the publications remain subject to the constraints of civil libel and slander constraints of civil libel and slander laws.laws.

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Practical TipsPractical Tips Know the student dress code for Know the student dress code for

your school.your school. Remember, any dress code must be Remember, any dress code must be

uniformly applied to all students.uniformly applied to all students.

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Practical TipsPractical Tips Know the anti-gang policy.Know the anti-gang policy. Generally, these policies prohibit Generally, these policies prohibit

students from wearing, possessing, students from wearing, possessing, distributing, displaying, or selling distributing, displaying, or selling any clothing, jewelry, emblem, any clothing, jewelry, emblem, badge, sign or symbol that is badge, sign or symbol that is evidence of affiliation or evidence of affiliation or membership in a gang.membership in a gang.

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The 4th AmendmentThe 4th AmendmentSearch & SeizureSearch & Seizure

The right of the people to be The right of the people to be secure in their persons, secure in their persons, houses, papers, and effects, houses, papers, and effects, against unreasonable against unreasonable searches and seizures. This searches and seizures. This right shall not be violated, right shall not be violated, and no warrants shall be and no warrants shall be issued, but upon probable issued, but upon probable cause, supported by oath or cause, supported by oath or affirmation, and particularly affirmation, and particularly describing the place to be describing the place to be searched, and the persons or searched, and the persons or things to be seized.things to be seized.

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Probable Cause Probable Cause (Law Enforcement (Law Enforcement

Standard)Standard) Probable Cause: A search based on Probable Cause: A search based on

probable cause means that there is a probable cause means that there is a reason to believe that a crime has reason to believe that a crime has been committed and that evidence of been committed and that evidence of the crime will be found (by the police the crime will be found (by the police officer) in the place to be searched. officer) in the place to be searched. (Commonwealth v. Snyder, 413 MA (Commonwealth v. Snyder, 413 MA 521, 527N.4 597N.E. 2nd 1363 521, 527N.4 597N.E. 2nd 1363 (1992)(1992)

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Reasonable SuspicionReasonable Suspicion (School Official (School Official

Standard)Standard) Reasonable suspicion: a more relaxed Reasonable suspicion: a more relaxed

standard of search authority for school standard of search authority for school officials conducting school searches for officials conducting school searches for school violations, not crimes. school violations, not crimes.

New Jersey v. T.L.O. 469 U.S. (1985)New Jersey v. T.L.O. 469 U.S. (1985) This case created the standard of This case created the standard of

reasonable suspicion for all school reasonable suspicion for all school searches conducted by school officials. searches conducted by school officials.

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School officials do not have to show School officials do not have to show probable cause to conduct school probable cause to conduct school searches or seize student property.searches or seize student property.

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Practical TipsPractical Tips The search of a student must be The search of a student must be

“reasonable” considering the facts“reasonable” considering the facts

Initiated on a ‘reasonable belief’ that Initiated on a ‘reasonable belief’ that a violation of law or school a violation of law or school policy/rule will be foundpolicy/rule will be found

Conducted in a way that is not Conducted in a way that is not overly intrusive considering the age overly intrusive considering the age and sex of the involved studentand sex of the involved student

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Practical TipsPractical TipsIf you act in conjunction with, or If you act in conjunction with, or under the direction of law under the direction of law enforcement officers, higher enforcement officers, higher requirements for a formal search requirements for a formal search and seizure apply.* and seizure apply.*

*Probable cause and a search *Probable cause and a search warrant will be required.warrant will be required.

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Practical TipsPractical TipsKnow the lawKnow the law and your school’s policiesand your school’s policies

concerning:concerning: person searchesperson searches personal property searches (pocketbook, personal property searches (pocketbook,

book bag, automobile searches, etc.)book bag, automobile searches, etc.) school property searches e.g. locker, desk school property searches e.g. locker, desk

searchessearches tech/computer searchestech/computer searches random searchesrandom searches surveillancesurveillance

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Prior to initiating a student search, Prior to initiating a student search, school officials should inform the student school officials should inform the student of the reason for the search.of the reason for the search.



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School Officials should NEVER School Officials should NEVER initiate or participate in a student initiate or participate in a student strip-search. strip-search.

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Practical TipsPractical Tips School officials may search a student School officials may search a student

locker or desk since these items are locker or desk since these items are school property. school property.

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Practical TipsPractical Tips If a search is conducted solely to find If a search is conducted solely to find

evidence of a criminal act to be used evidence of a criminal act to be used in a criminal trial, you should seek in a criminal trial, you should seek assistance* from law enforcement assistance* from law enforcement officials.officials.

*Involvement of law enforcement *Involvement of law enforcement officials will require higher standards officials will require higher standards of probable cause.of probable cause.

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The authority to conduct a search The authority to conduct a search extends to school bus property as extends to school bus property as well as at school sponsored events.well as at school sponsored events.



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School computers and similar School computers and similar educational technology, including educational technology, including school Internet use records, may be school Internet use records, may be searched by school officials based on searched by school officials based on reasonable suspicion. reasonable suspicion.

Its educational purpose and usage Its educational purpose and usage limitations should be defined in school limitations should be defined in school policy and the student code of conduct.policy and the student code of conduct.



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Never conduct a search alone. Always have a witness Never conduct a search alone. Always have a witness present.present.

Have reasonable suspicion for all individualized Have reasonable suspicion for all individualized searches.searches.

All unattended or abandoned property is subject to All unattended or abandoned property is subject to search.search.

All searches will be evaluated based on overall All searches will be evaluated based on overall reasonableness of action.reasonableness of action.

Prioritize officer safety at all times.Prioritize officer safety at all times. Know when it is appropriate to involve law enforcement.Know when it is appropriate to involve law enforcement. Visible signage should notify students, staff, and visitors Visible signage should notify students, staff, and visitors

that they and their property are subject to search while that they and their property are subject to search while on school property/attending school sponsored events.on school property/attending school sponsored events.

KNOW YOUR DIVISION SEARCH POLICY and KNOW YOUR DIVISION SEARCH POLICY and STUDENT CODE OF CONDUCT.STUDENT CODE OF CONDUCT.



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Not all personnel working in a Not all personnel working in a school may initiate the search of a school may initiate the search of a student.student.

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Practical TipsPractical TipsYour school Your school may install and usemay install and use metal detectors to ensure safety.metal detectors to ensure safety.

Asking students, staff, and visitors to Asking students, staff, and visitors to empty their pockets or remove metal empty their pockets or remove metal objects from their person when objects from their person when entering a school, gym, and sports entering a school, gym, and sports field or at another school event is a field or at another school event is a legal and appropriate search.legal and appropriate search.

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Practical TipsPractical TipsThe use of security cameras, motion The use of security cameras, motion detectors, or other types of security detectors, or other types of security sensors in school common areas or sensors in school common areas or classrooms to protect students, staff, classrooms to protect students, staff, and property is legal.and property is legal.

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Practical TipsPractical Tips The use of random drug testing The use of random drug testing

requires factual justification, requires factual justification, comprehensive planning, comprehensive planning, precautions, and policy precautions, and policy development. Such random testing development. Such random testing policy must be designed as a policy must be designed as a deterrent to student drug use as deterrent to student drug use as opposed to a mechanism to seek out opposed to a mechanism to seek out and punish/apprehend users.and punish/apprehend users.

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Practical TipsPractical TipsSchool officials may School officials may notnot require all require all students to submit to medical exams students to submit to medical exams designed to detect the use of a wide designed to detect the use of a wide range of controlled substances.range of controlled substances.

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The 5th AmendmentThe 5th AmendmentDue Process & Securing Due Process & Securing

Information From StudentsInformation From StudentsNo person…shall be No person…shall be compelled in any criminal compelled in any criminal case to be a witness case to be a witness against himself, nor be against himself, nor be deprived of life, liberty, deprived of life, liberty, or property, without due or property, without due process of law... process of law...

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Information From StudentsInformation From StudentsPractical TipsPractical Tips

Students may be compelled to give Students may be compelled to give information to school officials information to school officials concerning violations of law or school concerning violations of law or school policy.policy.

Students may be disciplined for Students may be disciplined for refusing to give truthful responses refusing to give truthful responses regarding their knowledge of school regarding their knowledge of school policy or law violations.policy or law violations.

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When a student is a suspect in a serious When a student is a suspect in a serious breach of the criminal code, breach of the criminal code, law law enforcement officialsenforcement officials should be notified should be notified immediately and the investigation should immediately and the investigation should be turned over to them.be turned over to them.

SSOs should honor any reasonable request SSOs should honor any reasonable request for assistance. SSOs should only be for assistance. SSOs should only be involved to the extent necessary for involved to the extent necessary for administrative purposes. Know the limits of administrative purposes. Know the limits of your authority.your authority.

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Questioning of a student by school Questioning of a student by school officials may be conducted without officials may be conducted without the presence of, or notification of, the presence of, or notification of, the student’s parents.the student’s parents.

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The 8th AmendmentThe 8th AmendmentCorporal PunishmentCorporal Punishment

Excessive bail shall not be Excessive bail shall not be required, nor excessive fines required, nor excessive fines imposed, nor cruel and imposed, nor cruel and unusual punishments inflicted.unusual punishments inflicted.

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Practical TipsPractical TipsSchool officials shall not subject a School officials shall not subject a student to student to corporal punishmentcorporal punishment..

Corporal punishment is defined as Corporal punishment is defined as the infliction of, or causing the the infliction of, or causing the infliction of, physical pain on a infliction of, physical pain on a student as a means of punishment. student as a means of punishment.

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Practical TipsPractical TipsCorporal Punishment does not Corporal Punishment does not include the use of incidental, minor, include the use of incidental, minor, or reasonable and necessary or reasonable and necessary physical contact to maintain order physical contact to maintain order and control.and control.

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Practical TipsPractical TipsExamples:Examples: Stopping a school disturbanceStopping a school disturbance Removing a student from a disturbance Removing a student from a disturbance

that threatens injury or damage to propertythat threatens injury or damage to property Preventing a student from hurting Preventing a student from hurting

him/herselfhim/herself Self-defense of school employeeSelf-defense of school employee To obtain possessions of weapons, etc.To obtain possessions of weapons, etc.

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Corporal Punishment does not Corporal Punishment does not include reasonable force involved in include reasonable force involved in the participation in interscholastic the participation in interscholastic sports, practices or competition, or sports, practices or competition, or through participation in physical through participation in physical education or extracurricular education or extracurricular activities.activities.

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For SSOs and other school For SSOs and other school officials, officials, reasonable and reasonable and necessarynecessary physical contact should physical contact should be understood to allow only the be understood to allow only the minimal force required to meet minimal force required to meet the objectives in reducing a threat the objectives in reducing a threat or resolving a security problem.or resolving a security problem.

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The 14th AmendmentThe 14th AmendmentDue ProcessDue Process

(civil)(civil)

……Nor shall any State deprive Nor shall any State deprive any person of life, liberty, or any person of life, liberty, or property, without due process property, without due process of law; nor deny to any of law; nor deny to any person within its jurisdiction person within its jurisdiction the equal protection of the the equal protection of the laws.laws.

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The 14th AmendmentThe 14th AmendmentDue Process (civil)Due Process (civil)


Due ProcessDue Process for students consists for students consists of 3 elements:of 3 elements:

Prior NoticePrior Notice Right to KnowRight to Know Right to Present EvidenceRight to Present Evidence

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The 14th AmendmentThe 14th AmendmentDue Process (civil) Due Process (civil)


Due Process Due Process does not requiredoes not require that school officials allow an that school officials allow an unsafe condition to continue.unsafe condition to continue.e.g. intoxicated studente.g. intoxicated student

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School division policies may School division policies may direct that certain actions by direct that certain actions by students will result in students will result in immediate suspension or immediate suspension or expulsion, so long as due expulsion, so long as due process will be available to the process will be available to the students after the fact.students after the fact.

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Short-Term SuspensionShort-Term Suspension::

A pupil A pupil may be suspendedmay be suspended for for not more than not more than 10 days10 days by either by either the school principal, an assistant the school principal, an assistant principal, or in their absence, a principal, or in their absence, a teacher.teacher.

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The 14th AmendmentThe 14th AmendmentDue ProcessDue ProcessPractical TipsPractical Tips

Long-Term Suspension:Long-Term Suspension:

A pupil may be suspended for A pupil may be suspended for more than 10 days after more than 10 days after providing written notice to the providing written notice to the pupil and his parent of the pupil and his parent of the proposed action and the proposed action and the reasons for the action.reasons for the action.

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Expulsion:Expulsion:Pupils maybe be expelled from Pupils maybe be expelled from school after written notice to the school after written notice to the pupil and his parent of the proposed pupil and his parent of the proposed action and the reasons for the action and the reasons for the action.action.The The School BoardSchool Board, acting upon the , acting upon the recommendation of the recommendation of the superintendent, is the only political superintendent, is the only political entity empowered to expel a student.entity empowered to expel a student.

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School Boards in VA shall expel from School Boards in VA shall expel from school any student who has brought school any student who has brought a firearm onto school property or to a firearm onto school property or to a school-sponsored activity.a school-sponsored activity.

However, a school administrator However, a school administrator may determine that special may determine that special circumstances exist based on the circumstances exist based on the facts of a particular situation and a facts of a particular situation and a reduced or different penalty will reduced or different penalty will result.result.

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Practical TipsPractical TipsWeapons Prohibited on School Weapons Prohibited on School PropertyProperty Stun weapons or tasersStun weapons or tasers Pistols, revolvers, or like weaponsPistols, revolvers, or like weapons Dirks, bowie knives, switchblades, Dirks, bowie knives, switchblades, ballistic ballistic knives, razors, slingshots, knives, razors, slingshots, brass knuckles, brass knuckles, blackjacksblackjacks Discs having at least two pointed Discs having at least two pointed blades and used blades and used as a throwing staras a throwing star Nunchuksunchuks

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Weapons Prohibited on School Weapons Prohibited on School PropertyProperty Explosives, incendiary, poison gas, Explosives, incendiary, poison gas, bomb, bomb, grenade, rocket, missile, etc.grenade, rocket, missile, etc. Weapons, including starter guns, Weapons, including starter guns, which will which will expel a projectile by the expel a projectile by the action of explosivesaction of explosives Firearm mufflers or silencersFirearm mufflers or silencers

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Practical TipsPractical TipsSchool Boards shall expel from School Boards shall expel from school any student who has brought school any student who has brought a controlled substance, placebo, or a controlled substance, placebo, or marijuana onto school property or marijuana onto school property or to a school sponsored activity.to a school sponsored activity.

However, a school administrator However, a school administrator may determine that special may determine that special circumstances exist based on the circumstances exist based on the facts of a particular situation and a facts of a particular situation and a reduced or different penalty will reduced or different penalty will result.result.

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FERPAFERPASchool RecordsSchool Records

Family Educational Rights and Privacy Act

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The federal Family Educational The federal Family Educational Rights and Privacy Act (FERPA) Rights and Privacy Act (FERPA) was passed in 1974.was passed in 1974.

It guarantees parental access to It guarantees parental access to the educational records of their the educational records of their children and limits the access to children and limits the access to records by unauthorized records by unauthorized personnel.personnel.

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Practical TipsPractical TipsFERPA FERPA establishesestablishes a student’s a student’s right to privacy in his or her right to privacy in his or her educational records.educational records.

These student records are defined These student records are defined as all files, documents, and other as all files, documents, and other materials that contain information materials that contain information directly related to a student and directly related to a student and are maintained at the school.are maintained at the school.

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Practical TipsPractical TipsSchools in VA Schools in VA are requiredare required to to formulate policies and procedures formulate policies and procedures to allow parents to inspect, review, to allow parents to inspect, review, and amend their children’s and amend their children’s educational records.educational records.

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Practical TipsPractical TipsFERPA FERPA does allowdoes allow information information relating to a student’s past relating to a student’s past record of discipline or family record of discipline or family problems to be passed along to problems to be passed along to other school officials who have other school officials who have a a legitimate educational legitimate educational interestinterest..

Example: Principal, Counselor Example: Principal, Counselor

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FERPA specifies that parental FERPA specifies that parental consent be obtained before minor consent be obtained before minor students participate in evaluations, students participate in evaluations, analysis and federal education analysis and federal education department funded surveys.department funded surveys.



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Under FERPA, no student is Under FERPA, no student is required to submit to any required to submit to any psychiatric examination, psychiatric examination, testing, or treatment for which testing, or treatment for which the primary purpose is to reveal the primary purpose is to reveal personal information.personal information.

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Practical TipsPractical TipsThis includes:This includes: Political AffiliationsPolitical Affiliations Mental or psychological problems Mental or psychological problems

embarrassing to the student or embarrassing to the student or his/her familyhis/her family

Sexual behavior or attitudesSexual behavior or attitudes Illegal, anti-social, self-incriminating Illegal, anti-social, self-incriminating

or demeaning behavioror demeaning behavior

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This includes:This includes: Critical comments about close Critical comments about close

family membersfamily members Legally recognized privileges Legally recognized privileges

such as those with lawyers, such as those with lawyers, ministers, or physiciansministers, or physicians

Income sourcesIncome sources



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Practical TipsPractical TipsInformation under FERPA is Information under FERPA is categorized as either categorized as either Directory Directory InformationInformation or or Non-Directory Non-Directory Information.Information.

Directory Information may be shared Directory Information may be shared without permission.without permission.

Non-Directory Information may only be Non-Directory Information may only be shared with permissionshared with permission

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Practical TipsPractical TipsDirectory Information:Directory Information: Name, address, email address, Name, address, email address,

telephone number, date and place telephone number, date and place of birthof birth

Major field of studyMajor field of study Participation in officially recognized Participation in officially recognized

activities activities Weight and height when member of Weight and height when member of

athletic teamsathletic teams

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Practical TipsPractical TipsDirectory Information:Directory Information: Dates of attendanceDates of attendance Degrees and awards receivedDegrees and awards received Most recent school, educational Most recent school, educational

agency, or institution attendedagency, or institution attended Photographs, class schedule Photographs, class schedule

and attendance recordand attendance record Grade levelGrade level

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Practical TipsPractical TipsNon-Directory Information:Non-Directory Information: Complete transcripts/report Complete transcripts/report

cardscards Family background or Family background or

socioeconomic informationsocioeconomic information Psychological examinationsPsychological examinations Other information in which the Other information in which the

student is personally identifiablestudent is personally identifiable

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Reporting School Reporting School OffensesOffenses

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Reporting School OffensesReporting School Offenses

IMPORTANT:IMPORTANT:

The Virginia Code The Virginia Code requiresrequires that the that the following offenses be reported to the following offenses be reported to the principal/superintendent, and principal/superintendent, and similarly…the superintendent/designee similarly…the superintendent/designee must reportmust report these offenses to law- these offenses to law-enforcement authorities:enforcement authorities:(The following applies while on a school (The following applies while on a school bus, on school property, or at a school-bus, on school property, or at a school-

sponsored activity.)sponsored activity.)

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The assault and battery that results The assault and battery that results in bodily injury, sexual assault, in bodily injury, sexual assault, death, …;death, …;

Any conduct involving alcohol, Any conduct involving alcohol, marijuana, controlled substances, marijuana, controlled substances, placebos, or anabolic steroids. This placebos, or anabolic steroids. This includes the theft of student includes the theft of student prescription medications;prescription medications;

Any threats against school personnel;Any threats against school personnel;

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The illegal carrying of a firearm;The illegal carrying of a firearm; Any illegal conduct involving Any illegal conduct involving

explosive materials or devices, explosive materials or devices, hoax devices, or chemical bombs;hoax devices, or chemical bombs;

Any threats or false threats to Any threats or false threats to bomb made against school bomb made against school personnel or involving school personnel or involving school property or school buses.property or school buses.

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the arrest of any student for an the arrest of any student for an incident occurring on a school bus, incident occurring on a school bus, school property, or school-sponsored school property, or school-sponsored event.event.

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IMPORTANT:IMPORTANT:

The Virginia Code The Virginia Code requiresrequires that the that the following offense be reported to the following offense be reported to the principal, and that the principal principal, and that the principal may may reportreport this offense to law- this offense to law-enforcement authorities:enforcement authorities:

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the assault and battery, the assault and battery, without without bodily injurybodily injury, of any person on a , of any person on a school bus, on school property, or school bus, on school property, or at a school-sponsored activity.at a school-sponsored activity.

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Regardless of disciplinary action, the Regardless of disciplinary action, the principal or his designee shall also principal or his designee shall also notify the parent of any student involved notify the parent of any student involved in a required reportable incident.in a required reportable incident.

Such notice shall relate to only the Such notice shall relate to only the relevant student’s involvement and shall relevant student’s involvement and shall not include information concerning not include information concerning other students.other students.

Reporting School Reporting School OffensesOffenses

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Selected Virginia Code of Interest:Selected Virginia Code of Interest:Victims’ Rights GuidelinesVictims’ Rights GuidelinesThe 1995 Virginia “Crime Victim & The 1995 Virginia “Crime Victim & Witness Rights Act” recognizes the Witness Rights Act” recognizes the following individuals as crime following individuals as crime victims:victims:

"a person who suffers personal, physical, mental,

emotional, or pecuniary loss as a direct result of a crime

and includes the spouse, parent, child, or

sibling of the victim.”

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Selected Virginia Code of Interest:Selected Virginia Code of Interest:

Bullying LegislationBullying Legislation Virginia Code Section 22.1-208.01 provides that “Each school board shall establish, within its existing programs, a character education program in its schools. The purpose of the character education program shall be to instill in students civic virtues and personal character traits so as to improve the learning environment, promote student achievement, reduce disciplinary problems, and develop civic-minded students of high character.”

Virginia Code (Section 22.1-279.6) provides that “Each school Virginia Code (Section 22.1-279.6) provides that “Each school board shall include, in its code of conduct, prohibitions against board shall include, in its code of conduct, prohibitions against bullying, hazing, and profane or obscene language or conduct.”bullying, hazing, and profane or obscene language or conduct.”

Virginia Code (Section 8.01-220.1:2) provides that “No school Virginia Code (Section 8.01-220.1:2) provides that “No school employee or school volunteer shall be liable for any civil damages employee or school volunteer shall be liable for any civil damages arising from the prompt good faith reporting of alleged acts of arising from the prompt good faith reporting of alleged acts of bullying or crimes against others to the appropriate school official.”bullying or crimes against others to the appropriate school official.”

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Selected Virginia Code of Interest:Selected Virginia Code of Interest: Hunting Guns LegislationHunting Guns LegislationSpecial 2003 VA Law Special 2003 VA Law AllowingAllowing Hunting Guns Hunting Guns locked in locked in vehicles on school propertyvehicles on school property

Virginia Code (Section 18.2-308.1) provides the Virginia Code (Section 18.2-308.1) provides the following weapon’s possession exemption as it following weapon’s possession exemption as it pertains to hunting guns –pertains to hunting guns –

“ “an unloaded shotgun or rifle in a firearms rack in or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle;”upon a motor vehicle;”

A 2004 Attorney General’s opinion gave schools the A 2004 Attorney General’s opinion gave schools the authority to implement a zero-tolerance policy authority to implement a zero-tolerance policy firearms rule – even though this state law allows firearms rule – even though this state law allows unloaded guns on school property. This policy must be unloaded guns on school property. This policy must be clearly posted and communicated.clearly posted and communicated.

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Selected Virginia Code of Interest:Selected Virginia Code of Interest:Wireless Wireless

Telecommunications by Telecommunications by School Bus DriversSchool Bus Drivers

Virginia Code (Section 46.2-919.1) provides:Virginia Code (Section 46.2-919.1) provides:

“ “No person shall use any wireless No person shall use any wireless telecommunications device, whether handheld or telecommunications device, whether handheld or otherwise, while driving a school bus, except in otherwise, while driving a school bus, except in case of an emergency, or when the vehicle is case of an emergency, or when the vehicle is lawfully parked and for the purposes of lawfully parked and for the purposes of dispatching. Nothing in this section shall be dispatching. Nothing in this section shall be construed to prohibit the use of two-way radio construed to prohibit the use of two-way radio devices authorized by the owner of the school bus.”devices authorized by the owner of the school bus.”

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Documents

1 School Security Officer Program Module II. 2 School Security Officer Program Module II: Key Legal Issues Presented by the Virginia Department of Criminal