COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 56

March 5, 2004

INFORMATIONAL

TO:	Division Superintendents
FROM:	Jo Lynne DeMary Superintendent of Public Instruction
SUBJECT:	Attorney Generals Opinion

In October 2003, Virginia Attorney General Jerry Kilgore issued an opinion (OP. No. 03-083) dealing with the authority of school boards to discipline a student who possesses an unloaded firearm in a locked vehicle trunk on school property or at school-sponsored events.

In a letter addressed to State Senator Kevin G. Miller of Harrisonburg, Attorney General Kilgore clarifies the authority of a school board to adopt a disciplinary policy governing a students possession of firearms on school property or at school-sponsored activities.

The opinion, in its entirety, may be accessed through the Department of Educations Web site: www.pen.k12.va.us/VDOE/PC/policy.shtml. Upon accessing the Office of Policy and Communications home page, go to the section entitled, Opinions of the Attorney General of Virginia Pertaining to K-12 Education.

Questions of a legal nature should be directed to your school board attorney when revising or updating the school divisions Student Code of Conduct. Other questions may be directed to Arlene Cundiff, safe and drug-free schools coordinator by phone at 804.225.2871 or by e-mail: acundiff@mail.vak12ed.edu.

JLD/ADC/klr