State DOE classified gel, water guns "Firearms"

https://www.hawaiinewsnow.com/2024/07/05/lawsuit-claims-doe-wrongfully-suspended-student-over-toy-gel-gun-incident-stevenson-middle-school/

The mother of a Stevenson Middle School student is suing the Department of Education, claiming school officials wrongly suspended her son and caused him emotional distress by not rectifying the mistake.

The lawsuit filed Monday stems from a Nerf toy called a gel-fire blaster, which shoots 7-8 millimeter water-based gel polymer balls that burst when they hit a target, similar to a paintball gun.

The DOE considers them “firearms” and bans them from campuses.

Heather McVay says her son’s eighth grade classmate gave him and other friends gel guns as wrapped holiday gifts last December.

She says although her son did not open or use the toy gun on campus, school officials suspended him and 8 other students for one year for having the toys on campus.

In a letter to parents in January, Stevenson’s principal said one of the students discharged a loaded gel gun on campus after school, striking another student.

McVay says her son was not involved and appealed to overturn his suspension.

“There was basically no process. They didn’t care how long it would take,” McVay said.

“The school officials acted hysterically, hysterically in the sense that they panicked,” said Eric Seitz, McVay’s attorney. “They know that existing law requires that there be some degree of due process, before a kid is kicked out of school. That never happened here.”

After multiple appeals to the DOE, administrators shortened McVay’s son’s suspension to 18 days, but he had fallen behind in his classes and his mental health had declined.

The lawsuit alleges negligent and intentional infliction of emotional distress.

“He really felt targeted after that. And it was kind of ruined the end of his eighth grade year, which is supposed to be you know, your top banana, enjoying time with your friends. And he was having this anxiety and just sick stomach everyday from that,” McVay said.

Despite state law requiring alternative forms of instruction for suspended students, McVay says her requests for academic support were rejected and led to retaliation.

“To say that my child had a firearm at school, that record has to be corrected. And I will not stand for him to carry that on in the future,” she said.

“Give him some help, reinstate him in some honorable manner. And they refused to do it, it’s not our problem they said,” Seitz said. “The so called educators admitted that there were mistakes made, but they’re not going to step forward to rectify those mistakes.”

DOE does not comment on pending litigation. A spokesperson cited state law that defines a gel gun as a “firearm” as it is designed to expel a projectile and confirmed firearms are prohibited on school campuses. Violations are subject to serious discipline.

Based on DOE interpretation all gel guns must be registered.

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