VA- 6-YEAR-OLD is in custody after shooting teacher

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In English common law, 7 was considered the absolute minimum age of criminal responsibility and it required a positive legal affirmation i.e. prosecutors were required to prove that a minor had formed intent. I was under the impression that this was the guideline used throughout the United States but I was shocked to learn that over half of the states including my own and Virginia do not have an explicit legal minimum age of criminal accountability

I’m not sure what to think. I do believe a child that age should not be held culpable, to the degree that an older person would be.
Still, I can’t help thinking of Rhoda, in the movie “The Bad Seed”. Hopefully he’s not that far gone!
I hope this child gets the help he needs. He’s too young to give up on. IMO
 
Thank you for the info, but specifically what new law would 'handcuff' an administration from protecting the entire student body and staff from a IMO, 'violent and behaviorally challenged' (My terminology- not labeling ) student? I guess I don't get just how far we have come from normalcy that this would be a legal quagmire.
Restorative justice? Many schools are putting policies like this in place where instead of suspending or expelling kids violent children, they instead remain in the classroom and teachers and other staff are supposed to try and determine the root cause of the behaviors and "create a plan and repair relationships" . I believe this school had some form if this novel policy (per the following article).

Additionally, there's some interesting information regarding this district, specifically:

Quote:

At a school board meeting in 2017 district officials discussed efforts to reduce school suspensions while implementing restorative practices. Tracy Pope, then the school system’s restorative practices specialist, said at the time that such practices did not do away with anything already in place, but was rather “another way to look at how we do discipline.”

Well before the Jan. 6 shooting of a first-grade teacher, not all educators were happy with the handling of student discipline. According to a spring 2022 survey of teachers and staff, only 60% of respondents said administrators were addressing negative student behaviors.

End Quote

Link:

 
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It appears this teacher reported multiple violent incidents with this child, and nothing was done. The death threat was bad enough, but the fact that he barricaded a teacher and children in a classroom should have scared the hell out of every administrator there. Ugh.
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They tried this no-punishment method in our county. In a short time, our schools have gone from top in the state to awful! Daily violence, rolling fights (planned fights occurring throughout the day to disrupt), and regular threats are now the norm.

After the most recent bout of violence, people were calling out the ineffective School Board and new Superintendent. Hopefully, some of the successful practices will be restored, before we see more violence.
 
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I don't have a problem with restorative justice for kids stealing or arguing back or fighting on the schoolyard in a 'normal' kid type of situation. If they are bullying kids and the kids want to go to the mock trial and have a discussion and try and work things out, great plan.

But when kids are obviously out of control and actually assaulting others and threatening others with violence, then I think it should be more of a serious discipline situation. JMO
 
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They tried this no-punishment method in our county. In a short time, our schools have gone from top in the state to awful! Daily violence, rolling fights (planned fights occurring throughout the day to disrupt), and regular threats are now the norm.

After the most recent bout of violence, people were calling out the ineffective School Board and new Superintendent. Hopefully, some of the successful practices will be restored, before we see more violence.
Good luck. If you can handle it at the district level, that's great...but if these policy requirements become either state or federal law, then there's no choice.

The restorative justice specialist and spokesperson for the school where this happened doesn't sound like she is ready to give up. From that AP Link:

Michelle Price, a spokesperson for the Newport News schools, said in an email that the district’s code of conduct “fosters the school division’s mission to ensure all students graduate ‘citizen-ready.’

“It provides guidance for students, families, and staff, and details the many options available to NNPS staff to address student conduct,” she said.
 
I don't have a problem with restorative justice for kids stealing or arguing back or fighting on the schoolyard in a 'normal' kid type of situation. If they are bullying kids and the kids want to go to the mock trial and have a discussion and try and work things out, great plan.

But when kids are obviously out of control and actually assaulting others and threatening others with violence, then I think it should be more of a serious discipline situation. JMO
I suggest most, if not all teachers can handle the average schoolyard stuff. I think.

So much if this goes way beyond that, though. This child's behaviors did, imho. And he's not alone. This is becoming more common in classrooms everywhere. IDEA, which was originally intended for inclusion of children with physical, medical and intellectual disabilities expanded somewhere along the way to include children with severe psychological issues and emotional disturbances. Couple that with restorative justice and Imho, you have an extremely dangerous and volatile situation for teachers and students. Imho

In defense of the parents who have severely troubled children, placement can be difficult to find, it's short term...and then it's back to square 2 if not 1 upon discharge.

Heaven help this teacher, the parents and this child ...but especially every child in this classroom who witnessed multiple violent events regarding this student culminating into seeing their first grade teacher shot.
 
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I don't think the behavior is new. Mental illnesses and emotional disturbances have been present in society since the begining of time. What I think is new is violent children are being (by district policy and sometimes by state law)kept in the classroom even after willful defiance, disruptive behavior, death threats and multiple violent episodes to the detriment of the teachers, staff and other children. Imho
 
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Yeah, it isnt new. Just more sensationalized in news, random internet sites and a ton of suspect anecdotal stories
 
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Good luck. If you can handle it at the district level, that's great...but if these policy requirements become either state or federal law, then there's no choice.

The restorative justice specialist and spokesperson for the school where this happened doesn't sound like she is ready to give up. From that AP Link:

Michelle Price, a spokesperson for the Newport News schools, said in an email that the district’s code of conduct “fosters the school division’s mission to ensure all students graduate ‘citizen-ready.’

“It provides guidance for students, families, and staff, and details the many options available to NNPS staff to address student conduct,” she said.
The problem according ,to my niece and her co-workers, is that for 'restorative justice' to work correctly there needs to be cooperation from the student and their family. But what happens when there is none?

If the troubled child has a good support network then the RJ system can work well because there are corresponding efforts in the home and the student makes an effort as well.

But if there is no effort taken by family and student, then the RJ process is useless. And once the courts already take away suspension and other consequences from the administrators then their hands are tied. And if the student and family don't follow through with counselling and therapy and treatment, then nothing changes.
 
Thank you for the info, but specifically what new law would 'handcuff' an administration from protecting the entire student body and staff from a IMO, 'violent and behaviorally challenged' (My terminology- not labeling ) student? I guess I don't get just how far we have come from normalcy that this would be a legal quagmire.
The law states that students prek-3 can only be suspended for 1-3 days if the student causes physical harm or poses a credible threat. That means that students cannot be suspended for behavior, even when continuing & highly disruptive.

If a child has an IEP/504 it becomes even more difficult (at any level) to suspend. If a child with a diagnosed disability attacked another student, there is a manifestation meeting to determine if the act is linked to the diagnosed disability.

Schools are pushing MTSS, PBIS, and restorative justice. What is happening, in my opinion, is that many students are being placed at risk.

Linked above: Code of Virginia Code - Article 3. Discipline
 
The law states that students prek-3 can only be suspended for 1-3 days if the student causes physical harm or poses a credible threat. That means that students cannot be suspended for behavior, even when continuing & highly disruptive.

If a child has an IEP/504 it becomes even more difficult (at any level) to suspend. If a child with a diagnosed disability attacked another student, there is a manifestation meeting to determine if the act is linked to the diagnosed disability.

Schools are pushing MTSS, PBIS, and restorative justice. What is happening, in my opinion, is that many students are being placed at risk.

Linked above: Code of Virginia Code - Article 3. Discipline
I've read VA Code, requires SBs to take control of writing P & Ps. In my district the principles and administration develops and SB signs off. Most of MY SB members have little knowledge of the polices and always refer to the Superintendent.

Recently, just last week, a fight broke out at the HS basketball game. The game was televised by the TV station. A city BB student punched the opposing team member dead in the face. The other team backs away, as the city players pound them. The city school parents jump into the mayhem.

Outcome, no one was suspected, no one was arrested. COP said, well it's just school rivalry, and chuckles, when interviewed. The City School principle, stated no students would be allowed at future games. Only the athletes and parents. I, as others, are scratching our heads. The athletes and parents, disrupted and involved in the alternation, NOT the students in the stand.

What are we teaching children and yes, the parents?

My grandchild had to change schools last year due to the administration. Three children were cut on the backs of their necks, ALL required stitches and an ER visit. The teachers sent the injured to the office, they were interviewed by a SRO, who told them it wasn't bad and to keep ice on the wounds. NO parent was called or notified.

The SB had NO understanding of the PP they had signed off on and referred us to the Superintendent, who deferred to the principle who refused to protect our students. They told us to transfer to another district. We drive 25 mins each way, now. My 7 yo grandson still doesn't understand why he had to give up the school and teacher he loved. He feels HE is being punished.

All my opinion and praying for reform in our schools.
 
Apparently the SB did not come to resolution, in last night meeting. Another closed session is scheduled for tonight to discuss the same agenda.




Agenda Item Details
Meeting

Jan 25, 2023 - SPECIAL MEETING - 6:00 p.m.

Category

CLOSED SESSION

Subject

Closed Session

Type

Action




I move, pursuant to Virginia Code Section 2.2-3711A, subsection (1), that the School Board convene a closed meeting for the purpose of (1)discussing a separation agreement and severance with the Superintendent and (2) the appointment of an Interim Superintendent.
 
I just don’t follow how blaming his disability and a parent not being with him explains how he was able to get his hands on a gun and take it to school?

Aren’t parents required to keep guns locked away and out of the reach of children? The fact that the child has a disability is irrelevant IMO.
For the child themselves the fact they have a disability is very relevant. You don't treat them or expect them to act like a typical 6 year old. The flip side of that though is as a parent you absolutely need to make sure you have appropriate measures in place to accommodate the fact you don't have a typical child. Mine is 6 and disabled, he's essentially a 6 year old sized toddler so everything is planned with the cognitive function of a 2 year old with the size and strength of a 6 year old.
 


Updates:

  • Lawyer says Abby is home and is getting better every day
  • She says school administration were told three times by staff members that the boy had a gun on him at the school that day
  • Abby went to school administrator that the 6-year-old threatened to beat up another student that same day
  • Around 12:30 p.m., another teacher told administration that she searched the boys backpack and told them she thought the boy put the gun in his pocket
  • A fourth teacher asked if he could search the 6-year-old’s backpack and he was denied
  • Administrators told that teacher “well he has little pockets”
  • Another teacher told administrators that a boy was crying because the 6-year-old showed the gun to the boy and said that he would shoot him if he told anyone
  • The lawyer sent a note this morning that she will be filing a lawsuit on Abby’s behalf
  • The bullet Abby was hit with is still in her body, according to her lawyer
 
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