Last week, a Loudoun County, VA elementary school administrator threatened to treat unmasked students who show up to class as trespassers. Under Virginia code, trespassing may be considered a Class 1 misdemeanor with authorized punishments including confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
On Friday, February 4, 2022, Loudoun County Public School Superintendent Scott Ziegler sent out the following email:
-------- Original message --------
From: Loudoun County Public Schools <BlackboardMN@LCPS.org>
Date: 2/4/22 4:49 PM (GMT-05:00)
To: Loudoun County Public Schools Recipients <recipients@loudoun.parentlink.net>
Subject: Media Rumors Concerning LCPS
Loudoun County Public Schools (LCPS) would like to address a rumor that has been circulating in our community and in the media. The rumor, which is inaccurate, involves claims that LCPS has taken legal action against students who choose not to follow COVID mitigation measures in our school buildings. LCPS does not have the authority to arrest or charge any suspended students or their parents for trespassing. Furthermore, LCPS has not requested that local law enforcement charge any student with trespassing in connection with recent suspensions.
Students who decline to follow COVID-mitigation protocols, such as wearing required face coverings after repeated warnings and redirection, may be suspended for “Willful or continued disobedience of school rules and regulations or school personnel” or “Defiance of the authority of any teacher, principal, or other person having authority in the school.” School discipline is outlined in School Board Policy 8210, Introduction to Student Discipline.
Any student who is suspended from school and returns to school property, without administrative permission, may be issued a trespass notice. This is standard practice and a warning that appears on all suspension notices. Again, students suspended for defiance of COVID mitigation protocols will not be charged with trespassing.
I want to emphasize that, despite some unverified reports in the media, no students have been arrested for trespassing. Media accounts stating that LCPS is arresting students are not accurate and create fear and potential harm for our students. We want to assure the community that our primary goal is to keep students in school, learning, and safe.
Scott A. Ziegler, Ed.D. Superintendent
While Mr. Ziegler claims that no students have been arrested or charged for trespassing to date, it is hard to discount that possibility when one considers the email Mr. John Clark sent all LCPS principals on February 1, 2022.
Mr. Clark’s email explains the precise process and timeline for obtaining and serving a trespass summons/warrant. If LCPS has no intention of issuing a trespass warrant to a student, why instruct principals on how to do so?
