Harrisonburg attorney points out a loophole in RCPS alcohol policy

HARRISONBURG, Va. (WHSV) – A Harrisonburg attorney is raising the alarm about a loophole in Rockingham County Public Schools’ new alcohol and drug policy. Louis Nagy claims the Rockingham County School Board is not following its own rules under a policy adopted several months ago.

In August, the Rockingham County School Board changed its policies regarding alcohol and drugs in schools. Although alcohol is included in the policy title, it is not mentioned again anywhere else in the policy. Instead, the rules only provide detailed guidance on drug-related violations.

“Any lawyer who looks at this will see that there are serious problems here. I did this partly to warn them that they need to fix this policy,” Nagy said. “So now the question is: Are they going to fix it, when are they going to fix it and how are they going to fix it? Because it needs to be fixed.”

If a student violates the alcohol and drug policy, he or she could face penalties including in-school or out-of-school suspension, being placed on the school’s poor standing list, and losing eligibility to compete on a sports team. However, these penalties are only prescribed for drug violations.

“Anyone with an ounce of common sense can read this policy and see that alcohol is not covered. But what they are doing is ignoring the policies they wrote themselves and continuing to punish Rockingham County Public Schools students based on a policy that does not cover and notify them of what would happen if they were caught on school property consuming alcohol ” said Nagy.

RCPS defines alcohol as a restricted substance in another policy. However, this term is not used in the new drug and alcohol policy.

“As far as I know, it doesn’t appear anywhere else in any of their policies. “If you read the restricted substances policy, the penalty they can impose for an alcohol violation is basically to recommend that the student go to some therapy or counseling and that’s it,” Nagy said.

It is illegal for all K-12 students to consume or possess alcohol, but Nagy said that does not mean school officials can enforce penalties that are not clearly outlined in its policies.

“As a citizen, I don’t know how I will violate this provision if it is not clearly stated. What happened in this case was that they came up with a policy that I’m sure was supposed to cover alcohol, but it doesn’t,” Nagy said. “They don’t follow the rules they set themselves. “Let me say it again: I didn’t draft the rules, I didn’t create them – they did – and now they are not following the rules they have established for all students in Rockingham County and their parents.”

Nagy said he contacted the school board and its attorney about the policy loophole, but his concerns were ignored. He is asking families of students who have been disciplined for violating alcohol laws to contact him.

WHSV reached out to Rockingham County Public Schools regarding Nagy’s concerns. Superintendent Larry Shifflett sent the following statement in response:

“Pursuant to Virginia law, Virginia Board of Education policy, and RCPS policy, K-12 elementary and middle school students are prohibited from possessing or consuming alcohol. This is not new and should not be controversial. “Attempts to create confusion over this matter come from individuals and families concerned about the consequences of their actions.”