Supt., board could reduce suspension in shooting

Local school policy isn't the only driving force behind a possible one-year suspension for two boys involved in a fatal shooting accident at Kelly High School.

The Missouri Safe School Act regulates school policy on suspensions. The law, in laying out a one-year suspension for certain violations, also could make it difficult for the boys to enroll at another district in Missouri. But the law also provides a loophole that ultimately puts the decision in the hands of the school superintendent and the local school board.

The law introduces many complications in the wake of the June parking-lot shooting, which fatally wounded Kaden Robert, 15, following a game of pickup basketball at the school.

The Scott County R-IV Board of Education soon will decide the boys' fate, but a meeting has not yet been set.

Missouri law dictates that district policies must include at least a one-year suspension for any student who brings a weapon to school. Kelly's district policy is written accordingly. However, the law also states that the superintendent may make a recommendation to the school board about the length of any proposed suspension.

Policy expert for the Missouri School Board Association Kelli Hopkins said Thursday it's possible the school board might disregard any recommendation.

"For any suspension over 180 days, it usually takes the board," she said. "They can accept the recommendation, ignore it or make it longer or shorter as they see fit."

Missouri Law governs what school districts' policies must address. Among the offenses outlined in state statutes are assault on school property, possession of weapons and unlawful use of weapons. It will be up to the school board to decide whether the students' actions constitute a violation of the law and district policy and whether the boys' actions warrant suspension.

One of the boys provided transportation with his grandfather's truck, which contained two of the grandfather's firearms, according to police. After the group finished its basketball game, Robert and his friends returned to the truck, intending to go to Robert's house.

Police say one of the boys in the truck was passing a handgun to Robert when it discharged. Robert died June 24 at Saint Francis Medical Center in Cape Girardeau.

In addition to prohibiting students' possession of any gun, loaded or unloaded, on school property, the Safe Schools Act also defines crimes, two of which could possibly apply in this case.

Assault is defined, in part, as "(1) knowingly caus[ing] physical injury to another person; or (2) with criminal negligence, caus[ing] physical injury to another person by means of a deadly weapon; or (3) recklessly engag[ing] in conduct which creates a grave risk of death or serious physical injury to another person."

Unlawful use of weapons is defined, in part, as, "A person who knowingly carries a loaded or unloaded firearm or any other lethal weapon into a school."

Since the police's investigation is ongoing, the Scott County Sheriff's office has declined to comment on specifics of the case, but no criminal charges have been filed in connection with it. The sheriff has stated the incident was unintentional, but it is unclear whether the gun was brought to the school intentionally, since the truck was borrowed.

School officials, citing student confidentiality and a situation that still has not been resolved, are not discussing details of the case. Attempts to reach Kelly Schools Supt. Farah Jones regarding suspension precedents was unsuccessful on Friday.

Missouri law also states that students who are suspended for a violation of a Safe Schools Act offense may not come within 1,000 feet of any public school property unless given prior permission by school district officials. If the school board decides to suspend the boys for a Safe Schools Act violation, it could be difficult for them to enroll elsewhere.

Missouri Department of Elementary and Secondary Education communications coordinator Sarah Potter explained via email that schools are usually wary where the Safe Schools Act is involved.

"Generally, if a suspended student tried to register at another school, the new district would ask the previous district if the student has any Safe Schools Act violations," Potter wrote. "If the new district's policy matches the old district's policy, then the new district will also impose that suspension. It's highly unlikely that a new district would take the students."

Other schools may accept a student with a Safe Schools Act violation, but it's done on a case-by-case basis and is not the norm.

"There is a constitutional right to education, but it is not an absolute right. You enjoy that right until you get it taken away," Hopkins said.

She said districts often try to provide education by other avenues, such as alternative schools, online classes or home-schooling, though Kelly's school district does not have an alternative school.

tgraef@semissourian.com