HD61 - Acts of Violence and Crime By Students on School Property

  • Published: 1991
  • Author: Joint Subcommittee
  • Enabling Authority: House Joint Resolution 132 (Regular Session, 1990)

Executive Summary:
The Joint Subcommittee Studying Acts of Violence and Crime by Students on School Property, established pursuant to House Joint Resolution No. 312 (1989) and continued pursuant to House Joint Resolution No. 132 (1990), was requested to determine the nature and extent of acts of violence and crime by students on school property, assess the impact on learning and school climate, and identify ways in which such acts may be prevented or appropriately handled.

The problem of violent youth and the resulting phenomenon of school violence and crime are pressing national problems. The media is replete with reports of violent crimes and other criminal activity in which youth are involved, including such acts which occur in the public schools. Although a growing number of youth are implicated in reported criminal offenses, determining the prevalence of these acts in the public schools is very difficult due to confidentiality of juveniles' criminal records and hesitancy of public school officials to disclose the existence, nature, and magnitude of the problem. Since 1981, Virginia law has required local school divisions to report annually certain crimes committed by students against school personnel to the Department of Education; however, few reports have been submitted. As a result, until the Joint Subcommittee's survey of the local school divisions and teachers, documentation of the existence and prevalence of violence and crime in the Commonwealth's public schools was nonexistent.

The members determined that numerous factors, and often, emotional and complicated issues, are involved in devising appropriate and equitable solutions to school violence and crime. School officials have the difficult task and responsibility of maintaining a safe and orderly learning environment while protecting the rights of students who allegedly have committed or are engaged in violations of school board policies or the law. On occasion, these responsibilities may conflict. School officials must also exercise care in responding to student misconduct of all kinds, particularly adhering to legal requirements when disciplining handicapped students, and when applying suspension and expulsion as disciplinary measures.

The magnitude of crime and violence in Virginia's public schools is not proportionate to that of some other states; nevertheless, all areas of the Commonwealth experience the problem to some degree, and urban school divisions reported the greatest incidence. According to the survey, assaults of students by students, violations of the drug control laws, trespassing, truancy, and vandalism and property damage are significant problems for some public schools. In addition, respondents expressed grave concern and frustration concerning the leniency of the juvenile justice system in dealing with juvenile offenders and the lack of (i) student respect for authority, (ii) parental control and guidance of children, (iii) parental and community support of schools, and (iv) willingness of school administrators and local school boards to respond to such problems promptly, firmly, and consistently and to support school personnel who report such incidents.

The members recommend that the Code of Virginia be amended to clarify and strengthen the crime reporting requirements of local school divisions, clarify and extend the definition of school property to include school buses and school-sponsored activities, and require the periodic review and updating of local school board policies. The Joint Subcommittee supports the recommendations of the Department of Education's Task Force on Emergencies Related to Weapons and Violence on School Property and Medical Emergencies, particularly that local school boards be required to develop and implement standards and a protocol for responding to school emergencies and crises.