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ZEBULON - On February 22, 2024, a student at Pike County High School was arrested after a canine search of vehicles in the parking lot resulted in finding an item that is listed on the school’s contraband list.

The student walked through the arrest and bonding process with the Pike County Sheriff’s Office and Magistrate Court as well as the Tribunal Process with the Pike County School System.

Pike County Times has followed up on this case as a matter of record for the community because a great number of questions have been asked and the incident has been the talk of social media of late.

However, Pike County Times is not naming the student or pulling information from social media for this article. This article will simply be a presentation of the facts that are accessible to the press with a note that there have been issues obtaining information on this matter.

Obtaining Information on the Record

Pike County Times does not pull information from social media for articles because of a long-standing policy to obtain something on paper directly through open records or quote a person who is willing to put their name on information given.

This case has been especially complicated because it involves a student who is currently attending school in our school system. Federal and state law have been a part of the reasoning given for the lack of ability to produce open records.

Pike County Times requested the face sheet or accusation against the student and was advised by Assistant Superintendent Ross Iddings as follows: “This would violate the FERPA rights of the student involved in the ongoing case and cannot be provided.”

The Family Educational Rights and Privacy Act (FERPA) is a federal law that limits outside access to student records. More information can be found about this policy here: https://studentprivacy.ed.gov/faq/what-ferpa

A copy of the Pike County Code of Conduct was attached, however, and will be addressed later in the article.

Pike County Times requested and received a copy of the Waiver of Preliminary Hearing from February 22, 2024 which states that a negotiated plea has been made dismissing the felony possession of a weapon charge that is being bound over as a misdemeanor of reckless conduct.

Pike County Times has been advised that the change from a felony to a misdemeanor has greatly impacted what could be obtained through open records.

Pike County Times requested a copy of the booking sheet and was advised that this was restricted based on O.C.G.A. §35-3-37 based on the original felony charge being dismissed and bound over as a misdemeanor. This law can be read in its entirety here: law.justia.com/codes/georgia/2022/title-35/chapter-3/article-2/section-35-3-37/

Pike County Times requested a copy of any and all disciplinary actions involving guns over the past 5 years and the result of school decisions from a tribunal, etc. The response from Iddings was as follows:

“We have only had one such other case in the last five years. Here is the discipline log entry for that one: “11/13/2019 (REDACTED) Tribunal: The Tribunal Panel decision was that (REDACTED) be found guilty of violate School Board Policy JCDAE / Weapons (Possessing in his vehicle a 4.5 mm pellet/bb pistol and 2 knives) – Section 4 Offense: Possession of a Firearm, Dangerous Weapon, or Explosive Compound. Phase II - the panel decision was that (REDACTED) be expelled from the Pike County School System for a period of one calendar year.”

How Did The Current Arrest Come About?

Pike County Times asked for and received a copy of the contract for services including dogs sniffing for guns, drugs, etc. and a copy of the accreditation of the dog that made the current search.

The Pike County School System has an annual agreement with Interquest Detection Canines of Georgia for substance awareness and detection services with a current contract that runs from August 2023 through May of 2024.

Interquest has been contracted to provide “contraband inspection services utilizing non-aggressive detection canines” with 10 full day, unannounced visits of communal areas, lockers, gym areas, parking lots including automobiles, grounds, and any other areas as directed by Pike officials. Visits are $890 per day for the single dog with an additional $95 per day for travel charged on a monthly basis.

According to the Service Agreement for this Atlanta based company, Interquest Holding Company, Inc. is licensed and registered by the U.S. Department of Justice, Drug Enforcement Administration, Texas Department of Public Safety, the Texas Commission on Private Security, and other state regulatory agencies as required.

K-9 Hank and his Handler Marcus Griffin obtained their certification for K-9 Contraband Detection for marijuana, methamphetamine, heroin, alcoholic beverages, gunpowder, and medication on August 2, 2023.

K-9 Hank hit on the vehicle which had a weapon of some sort in it as well as dead birds of some type. Pike County Times cannot obtain the disciplinary action of the current student (similar to what is listed above for the previous student) at this time because that information is not being released due to FERPA so there is no further information to provide.

However, the Waiver of Preliminary Hearing states that a weapon was found which leads to state law and school policy on weapons.

What Is State Law?

A search of State Law says the following about Public School Disciplinary Tribunals in GA Code § 20-2-751.1 (2022) regarding Expulsion and Disciplinary Policy for Students Bringing Weapons to School:

"a. Each local board of education shall establish a policy, pursuant to this subpart, regarding a student’s possession of a firearm, dangerous weapon, or hazardous object at school. With respect to a student who is determined to have possessed a firearm or dangerous weapon at school, such policy shall require expulsion from school for a period of not less than one calendar year; provided, however, that a hearing officer, tribunal, panel, administrator, superintendent, or local board of education shall have the authority to modify such expulsion requirement on a case-by-case basis.

b. A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student determined to have brought a firearm, dangerous weapon, or hazardous object to school in an alternative educational setting.

c. Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act."

This law can be read in its entirety here: law.justia.com/codes/georgia/2022/title-20/chapter-2/article-16/part-2/subpart-2/section-20-2-751-1/

What Is Current School Policy?

The 2024 Code of Conduct allows searches as the school as follows:

“School officials may search a student and their personal possessions if there is reasonable suspicion the student is in possession of an item that is illegal or against school rules. Student vehicles, student bags, student electronic devices, school lockers, desks, and other school property are subject to inspection and search by school authorities at any time without prior notice to students or parents. Students are required to cooperate if asked to open book bags, lockers, or vehicles brought on campus. Metal detectors and drug or weapon-sniffing dogs may be utilized at school or at any school function, including activities that occur outside normal school hours or off the school campus at the discretion of an administrator.”

Suspension or expulsion is defined as follows:

“All In-School Suspension, Out-of-School Suspension, or Expulsion shall also include suspension from all regular school activities, extracurricular school activities, athletic participation, and other school events. While students are suspended pending a disciplinary tribunal hearing, they will be allowed to make-up schoolwork during the suspension time.”

Long-Term Suspension and Expulsion are defined as follows:

“The maximum punishment for an offense may include long-term suspension or expulsion, including permanent expulsion; however, long-term suspension and expulsion will be determined only by a hearing officer or a disciplinary tribunal as outlined in the Pike County Board of Education Policies. Long term-suspension occurs when a student is prohibited by the District from attending school for more than ten consecutive days. Expulsion occurs when a student is prohibited from attending school for the remainder of the year, end of the grading period, into the next year, or permanently. Parents or students may elect not to contest the alleged violation of the Code of Conduct or the appropriate discipline. In such cases, an agreement may be negotiated which would include the parents or students waiving their right to a hearing before a disciplinary tribunal or hearing officer. Such an agreement and waiver must also be approved by the disciplinary tribunal or hearing officer in accordance with local board policy. The District reserves the right to withhold a waiver offer.” There are categories of offenses that are listed as prohibited behaviors in the Code of Conduct.

Hazardous Objects are defined in Section 1 Article 10 as:

“Possession of any hazardous objects on school grounds, school busses, school bus stops, or school events without intent to use; OR if the student displays, uses, or otherwise exhibits intent to use said object in a non-dangerous manner.”

Section 4 Article 1 includes a firearm and says:

“Possession of a Firearm, Dangerous Weapon, or Explosive Compound: Possessing, using, selling, buying, giving away, bartering, or exchanging any firearm, dangerous weapon, explosive compound, or an object that can reasonably be considered and/or used as a weapon. Note that pursuant to O.C.G.A. § 20-2-751.1, a violation of this rule has a mandatory minimum one-year of expulsion but may result in permanent expulsion, at the discretion of the disciplinary hearing tribunal panel."

It further defines "weapon" as follows:

"Weapon" means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind; any dirk, bowie knife, switchblade knife, ballistic knife, or any other knife having a blade of two or more inches; straight-edge razor, razor blade, spring stick; knuckles, whether made from metal, thermoplastic, wood, or other similar material; blackjack, any bat, club, or other bludgeon-type weapon; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart or any weapon of like kind; and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.”

At the end of this section on page 30, Disciplinary Actions for Section 4 Offenses are defined as:

“Engaging in or attempting to commit any Section 4 offense will result in the student being assigned Out-of-School Suspension with the matter being assigned to a Disciplinary Hearing Tribunal Panel. A student charged with violating a Section 4 offense may not execute a waiver of the Disciplinary Hearing.

“If the Disciplinary Hearing Tribunal Panel finds that the student has committed any Section 4 offense, the student will receive a minimum one-year of expulsion but may receive the punishment of permanent expulsion”.

The following two paragraphs are directly under that paragraph as follows:

“Only the Pike County Board of Education has the authority to allow a student who is under a permanent expulsion from any school system to enroll in Pike County Schools.

A student who receives a punishment of permanent expulsion from the Disciplinary Hearing Tribunal Panel for violating a Section 4 Offense during a school year may not enroll into PCAP unless the student, pursuant to an appeal to the Pike County Board of Education, receives permission from the Board to re-enroll into the Pike County School District. The Board may grant the re-enrolled student the opportunity to enroll into PCAP.”

Closing

The Disciplinary Tribunal Panel is defined as:

“An impartial panel appointed by the Pike County Board of Education to conduct disciplinary hearings for the purpose of determining what, if any, disciplinary action shall be taken for certain violations of the Student Code of Conduct.”

The Tribunal heard witnesses and reviewed evidence that was presented regarding the rules and regulations of the Pike County Board of Education with regard to whether or not disciplinary action including in-school suspension, short-term suspension, long-term suspension, expulsion, or permanent expulsion should be taken against the student. The decision was made by the Tribunal Panel to uphold school policy. The student and family of the student appealed this decision.

There was a Called Board of Education Meeting on Friday, March 8, 2024, at 11:00 a.m. in the conference room at the Pike County Schools Central Office (16 Jackson Street, Zebulon) to consider the appeal of the Tribunal’s decision.

After approximately 1 ½ hours of discussion in an executive decision, the Board of Education came back into regular session to announce their decision to uphold the decision of the Tribunal Panel to uphold school policy, which in the past, has led to expulsion.