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Update: Education Board Overturns California Teen’s Expulsion Over Guns In Truck

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January 25, 2010

Update: Education Board Overturns California Teen’s Expulsion Over Guns In Truck

By Dave Hurteau

We’ve been following the story of 17-year-old California student Gary Tudesko, who was expelled by the Willis Unified School District for having unloaded shotguns in his truck, despite the fact that the vehicle was not parked on school property. Now, Tudesko’s expulsion has been overturned.

Here’s the latest, from the Sacramento Bee:

In the end, the case . . . became a question of whether the authority of school officials to enforce the state's Education Code extended to the school fence – or a sidewalk's width beyond it.

On Friday, members of the Glenn County Board of Education drew the line at the gates of Willows High School.

They ruled that officials in the Willows Unified School District had exceeded their authority when they expelled Gary Tudesko – a 17-year-old with a history of disciplinary problems – for leaving two shotguns and ammunition in his truck parked a few feet from the school's tennis courts on a public street.

"The district governing board acted in excess of its jurisdiction to expel the Pupil," the board wrote in its decision.

 

Comments (21)

Top Rated
All Comments
from NolanOsborne wrote 2 years 2 weeks ago

I'm glad that got cleared up.

+2 Good Comment? | | Report
from Koldkut wrote 2 years 2 weeks ago

They set the precedence here to change the rules, I'm glad Gary's name got cleared up, but you know change is comming....

+3 Good Comment? | | Report
from ENO wrote 2 years 2 weeks ago

Miracles do happen.

+1 Good Comment? | | Report
from mutt wrote 2 years 2 weeks ago

unfortunately I doubt that this is the last we will hear of it

+2 Good Comment? | | Report
from Clay Cooper wrote 2 years 2 weeks ago

I'm glad common sense prevailed.

The fight isn't over yet, like kids getting kicked out for having a toy GI Joe doll gun the size of your thumb nail or a student carrying a spent/empty/fired military blank that was fired by the Honor Guard for his Father Military Funeral.

+1 Good Comment? | | Report
from Clay Cooper wrote 2 years 2 weeks ago

Remember the student who was kicked out of school for making a drawing of Florida! It looked to much like a hand gun? and NO IT DID NOT!

0 Good Comment? | | Report
from jeffo52284 wrote 2 years 2 weeks ago

Glad this decision was overturned. i bet the rules will change and so will the school boards boundaries but for now all is well. it says that this kid had a "history of disciplinary problems" I wonder what they were and how "bad" this kid really was, i think they threw that in to save face and try to justify the actions taken

+4 Good Comment? | | Report
from crm3006 wrote 2 years 2 weeks ago

At last. Common sense from "educated, politically correct
people."

0 Good Comment? | | Report
from seadog wrote 2 years 2 weeks ago

As Clay points out, zero tolerance has gone totally crazy. I'm glad this one worked out, but I think it was the threat from the NRA, not common sense that brought them to their senses.

+4 Good Comment? | | Report
from Sourdough Dave wrote 2 years 2 weeks ago

It is the law that our children must go to school and public funds (taxes) can only go to government run (public) schools. Where are the anti-trust laws to break up that monopoly? If every child must go to school and every child is entitled to an education then every child should be entitled to a voucher for tax dollars to be used to provide that education at the education facility of the parent's choosing. Where does the government get off mandating that our kids must forfeit their God given, constitutionally guaranteed rights and be subjected to the indoctrination of the government training centers? Justice prevailed this time, but I wouldn't count on it being the norm.

+1 Good Comment? | | Report
from jbird wrote 2 years 2 weeks ago

That's great news. I too believe 'zero-tolerance' has gone way too far. It's nice to see something turn out right for a change.

+1 Good Comment? | | Report
from jcarlin wrote 2 years 2 weeks ago

I can't get to the entire story on the "Bee" but the excerpts tone seems to imply that it's a shame that the school's opinion that they have control over a student's possessions regardless of location during school time has been wrongfully overturned. I think more emphasis could have been put on the fact that the kid was in lawful possession for a lawful purpose. He didn't have dad's nine millimeter in his glove compartment.

+2 Good Comment? | | Report
from tbogg10 wrote 2 years 2 weeks ago

glad he didnt get punished for that one. maybe its time to join the NRA

+1 Good Comment? | | Report
from JohnR wrote 2 years 2 weeks ago

I'm afraid its not over yet. The article stated that the School District Superintendent plans to meet with the Willow School Board and whine about their "poor" decision. He also mentioned he was going to contact the very liberal teacher's union to (I speculate) gather financial support for an appeal or legal action. If the teacher's union is affiliated with the ultra liberal NEA, it isn't over.
The principal and the School District Superintendent are basically saying that this is a conservative community and we don't like it!

+2 Good Comment? | | Report
from alabamaoutlaw wrote 2 years 2 weeks ago

I think the student should prempt any further action by filing a suit against the school,If not he will be eaten alive by the of teachers under the control of the principal.

+2 Good Comment? | | Report
from crm3006 wrote 2 years 2 weeks ago

seadog & Sourdough Dave-
Sadly, I have to agree with you both. +1s.

+1 Good Comment? | | Report
from Joel Panian wrote 2 years 2 weeks ago

I'm glad this kid won't get expelled. But I, like many others here, don't think that every one of these situations will go like this.

+1 Good Comment? | | Report
from blackdawgz wrote 2 years 2 weeks ago

Good for the Duck Hunter!

+1 Good Comment? | | Report
from alabamaoutlaw wrote 2 years 2 weeks ago

I've seen a lot of people fishing off them in the gulf around the barrier islands and lighthouse.Trolling for king and spanish.I think they are going to be alot more people fishing from them now that they have seen it.We have some riggs close enough to fish with them.But i wouldn't want to go to bluewater on one.

+1 Good Comment? | | Report
from Bella wrote 2 years 2 weeks ago

I object to zero tolerance policies with regard to everything except child molestation and drunk driving. The list of things we cannot tolerate is very short. Intolerance leads to fascism inevitably, because people are tempted always to exterminate that which they will not tolerate. Diversity is good! The zero tolerance policy that condemns a young person for a SPENT SHELL CASING or for having lawful possession of some controversial item is the same thing as the Condo Management objecting to lawn flamingos or some other "policy decision" arrived at solely based on the whim of some committee.
Most situations are unique and require individual consideration for correct action. But what might be the thing to do in one case may not suit the situation seen in another. People use zero-tolerance policies to avoid having to make decisions, and that is just lame.
I'm glad the kid got off...

+2 Good Comment? | | Report
from salmonquest wrote 2 years 2 weeks ago

I agree that it seemed correct to overturn this case and I don't like zero tolerance policies, I think they are a cop-out....but when did schools become the bad guys. It's easy to gripe about infringement of civil liberties but if anyone of you were a parent associated with that school and the kid did go out and get the guns and start unloading I'm guessing there would be a different tune. Keeping kids safe is the #1 priority in a school.

-1 Good Comment? | | Report
from salmonquest wrote 2 years 2 weeks ago

i meant unloading on other kids.

sourdough - vouchers are fine as long as the schools given the fudning have to abide by the laws associated with receiving it. Lot's of people want vouchers for their personal interest but few want to adhere to the strings that are atached

0 Good Comment? | | Report
from jward19 wrote 2 years 1 week ago

As big of a pro gun guy as I am, as many time as my friends and I had hunting weapons in our vehicles in high school, I think you really have to see why this was such a big deal. Yet, glad things got cleared up for the kid.

+1 Good Comment? | | Report

Post a Comment

from jeffo52284 wrote 2 years 2 weeks ago

Glad this decision was overturned. i bet the rules will change and so will the school boards boundaries but for now all is well. it says that this kid had a "history of disciplinary problems" I wonder what they were and how "bad" this kid really was, i think they threw that in to save face and try to justify the actions taken

+4 Good Comment? | | Report
from seadog wrote 2 years 2 weeks ago

As Clay points out, zero tolerance has gone totally crazy. I'm glad this one worked out, but I think it was the threat from the NRA, not common sense that brought them to their senses.

+4 Good Comment? | | Report
from Koldkut wrote 2 years 2 weeks ago

They set the precedence here to change the rules, I'm glad Gary's name got cleared up, but you know change is comming....

+3 Good Comment? | | Report
from NolanOsborne wrote 2 years 2 weeks ago

I'm glad that got cleared up.

+2 Good Comment? | | Report
from mutt wrote 2 years 2 weeks ago

unfortunately I doubt that this is the last we will hear of it

+2 Good Comment? | | Report
from jcarlin wrote 2 years 2 weeks ago

I can't get to the entire story on the "Bee" but the excerpts tone seems to imply that it's a shame that the school's opinion that they have control over a student's possessions regardless of location during school time has been wrongfully overturned. I think more emphasis could have been put on the fact that the kid was in lawful possession for a lawful purpose. He didn't have dad's nine millimeter in his glove compartment.

+2 Good Comment? | | Report
from JohnR wrote 2 years 2 weeks ago

I'm afraid its not over yet. The article stated that the School District Superintendent plans to meet with the Willow School Board and whine about their "poor" decision. He also mentioned he was going to contact the very liberal teacher's union to (I speculate) gather financial support for an appeal or legal action. If the teacher's union is affiliated with the ultra liberal NEA, it isn't over.
The principal and the School District Superintendent are basically saying that this is a conservative community and we don't like it!

+2 Good Comment? | | Report
from alabamaoutlaw wrote 2 years 2 weeks ago

I think the student should prempt any further action by filing a suit against the school,If not he will be eaten alive by the of teachers under the control of the principal.

+2 Good Comment? | | Report
from Bella wrote 2 years 2 weeks ago

I object to zero tolerance policies with regard to everything except child molestation and drunk driving. The list of things we cannot tolerate is very short. Intolerance leads to fascism inevitably, because people are tempted always to exterminate that which they will not tolerate. Diversity is good! The zero tolerance policy that condemns a young person for a SPENT SHELL CASING or for having lawful possession of some controversial item is the same thing as the Condo Management objecting to lawn flamingos or some other "policy decision" arrived at solely based on the whim of some committee.
Most situations are unique and require individual consideration for correct action. But what might be the thing to do in one case may not suit the situation seen in another. People use zero-tolerance policies to avoid having to make decisions, and that is just lame.
I'm glad the kid got off...

+2 Good Comment? | | Report
from ENO wrote 2 years 2 weeks ago

Miracles do happen.

+1 Good Comment? | | Report
from Clay Cooper wrote 2 years 2 weeks ago

I'm glad common sense prevailed.

The fight isn't over yet, like kids getting kicked out for having a toy GI Joe doll gun the size of your thumb nail or a student carrying a spent/empty/fired military blank that was fired by the Honor Guard for his Father Military Funeral.

+1 Good Comment? | | Report
from Sourdough Dave wrote 2 years 2 weeks ago

It is the law that our children must go to school and public funds (taxes) can only go to government run (public) schools. Where are the anti-trust laws to break up that monopoly? If every child must go to school and every child is entitled to an education then every child should be entitled to a voucher for tax dollars to be used to provide that education at the education facility of the parent's choosing. Where does the government get off mandating that our kids must forfeit their God given, constitutionally guaranteed rights and be subjected to the indoctrination of the government training centers? Justice prevailed this time, but I wouldn't count on it being the norm.

+1 Good Comment? | | Report
from jbird wrote 2 years 2 weeks ago

That's great news. I too believe 'zero-tolerance' has gone way too far. It's nice to see something turn out right for a change.

+1 Good Comment? | | Report
from tbogg10 wrote 2 years 2 weeks ago

glad he didnt get punished for that one. maybe its time to join the NRA

+1 Good Comment? | | Report
from crm3006 wrote 2 years 2 weeks ago

seadog & Sourdough Dave-
Sadly, I have to agree with you both. +1s.

+1 Good Comment? | | Report
from Joel Panian wrote 2 years 2 weeks ago

I'm glad this kid won't get expelled. But I, like many others here, don't think that every one of these situations will go like this.

+1 Good Comment? | | Report
from blackdawgz wrote 2 years 2 weeks ago

Good for the Duck Hunter!

+1 Good Comment? | | Report
from alabamaoutlaw wrote 2 years 2 weeks ago

I've seen a lot of people fishing off them in the gulf around the barrier islands and lighthouse.Trolling for king and spanish.I think they are going to be alot more people fishing from them now that they have seen it.We have some riggs close enough to fish with them.But i wouldn't want to go to bluewater on one.

+1 Good Comment? | | Report
from jward19 wrote 2 years 1 week ago

As big of a pro gun guy as I am, as many time as my friends and I had hunting weapons in our vehicles in high school, I think you really have to see why this was such a big deal. Yet, glad things got cleared up for the kid.

+1 Good Comment? | | Report
from Clay Cooper wrote 2 years 2 weeks ago

Remember the student who was kicked out of school for making a drawing of Florida! It looked to much like a hand gun? and NO IT DID NOT!

0 Good Comment? | | Report
from crm3006 wrote 2 years 2 weeks ago

At last. Common sense from "educated, politically correct
people."

0 Good Comment? | | Report
from salmonquest wrote 2 years 2 weeks ago

i meant unloading on other kids.

sourdough - vouchers are fine as long as the schools given the fudning have to abide by the laws associated with receiving it. Lot's of people want vouchers for their personal interest but few want to adhere to the strings that are atached

0 Good Comment? | | Report
from salmonquest wrote 2 years 2 weeks ago

I agree that it seemed correct to overturn this case and I don't like zero tolerance policies, I think they are a cop-out....but when did schools become the bad guys. It's easy to gripe about infringement of civil liberties but if anyone of you were a parent associated with that school and the kid did go out and get the guns and start unloading I'm guessing there would be a different tune. Keeping kids safe is the #1 priority in a school.

-1 Good Comment? | | Report

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