A Salt Lake County couple has filed a lawsuit in federal court challenging the constitutionality of a newly amended state law that requires a one-year expulsion of secondary students who bring weapons to school.
The 2000 Legislature passed the measure, which requires that secondary students who bring firearms, explosives or flammable materials onto school property be expelled from school for no less than one year. The lawsuit purports that HB245 violates federal law, which gives discretion to superintendents, and it could jeopardize some $38 million in federal education funds.The lawsuit brings into focus the unyielding nature of HB245. Federal law gives school superintendents discretion to deal with students who bring weapons to school. This bill takes away that latitude, which is contrary to local control of schools.
The aims of this lawsuit are on point. But there is arguably an easier way to address this issue -- repeal the legislation during the 2001 Legislature.
While Rep. Bill Wright, the bill's sponsor, is correct in that there have been problems with local enforcement of the federal Gun Free Schools Act, tying school administrators' hands to an inflexible statute has the potential to create even more problems.
First, school administrators and, in some instances, elected school board members need the autonomy to tailor appropriate discipline, depending upon the severity of the offense and individual circumstances. That was the intent of the 1994 federal Gun Free Schools Act.
Secret Service interviews of 40 boys involved in school shootings nationwide suggest that many of them were persistently bullied over long periods of time, which supports the notion of giving school administrators flexibility. If bullying drives a child to bring a gun to school, kicking out the gun-toter does not address the conditions that prompted the student to arm himself. The victim of the bullying is further victimized by being thrown out of school. Meanwhile, the bullies move on to another target.
Beyond that, it is shortsighted to turn such offenders out the schoolhouse doors. A child who is so disturbed he or she brings a weapon to school will likely act out in other ways. Most Utahns would rather have such children in a structured educational setting than unsupervised in the community.
Public education is a societal responsibility. Society benefits if children are educated, can become good citizens and self sufficient. It is precisely why children are compelled to go to school. When children violate school rule and state law, society has an interest in knowing those children continue to receive an education and are rehabilitated.
It is regrettable that reservations expressed over this bill by members of the school community during the legislative session fell on deaf ears. It is also regrettable that Gov. Mike Leavitt did not veto this legislation.
Beyond the constitutional concerns, this legislation undermines elected school boards and administrators who would be in a far better position to address weapons violations. Whether its repealed by lawmakers or overturned by this lawsuit, this legislation should be scrapped before it does more harm than good.