JICI Weapons in School

File:  JICI   passed Accountability 10-28-13

Weapons in School

The Board of Education determines that student possession, use and/or threatened use of a weapon is detrimental to the welfare and safety of the students and school personnel within the district.

Dangerous weapons

Using, possessing or threatening to use a dangerous weapon on district property, when being transported in vehicles dispatched by the district or one of its schools, during a school-sponsored or district-sponsored activity or event, and off school property when the conduct has a reasonable connection to school or any district curricular or non-curricular event without the authorization of the school or the school district is prohibited. An exception to this policy may be made for students participating in an authorized extracurricular activity or team involving the use of firearms.

As used in this policy, "dangerous weapon" means:

a.  A firearm.

b.  Any pellet, BB gun or other device, whether operational or not, designed to propel projectiles by spring action or compressed air.

c.  A fixed blade knife with a blade that exceeds three inches in length.

d.  A spring-loaded knife or a pocket knife with a blade exceeding three and one-half inches in length.

e.  Any object, device, instrument, material, or substance, whether animate or inanimate, that is used or intended to be used to inflict death or serious bodily injury including, but not limited to, a slingshot, bludgeon, nunchucks, brass knuckles or artificial knuckles of any kind.

Students who use, possess or threaten to use a dangerous weapon in violation of this policy may be subject to disciplinary action in accordance with Board policy concerning student suspensions, expulsions and other disciplinary interventions.

In accordance with federal law, expulsion shall be mandatory for no less than one full calendar year for a student who is determined to have brought a firearm to or possessed a firearm at school in violation of this policy. The superintendent may modify the length of this federal requirement for expulsion on a case-by-case basis. Such modification shall be in writing.

 

Firearm facsimiles

Carrying, using, actively displaying or threatening with the use of a firearm facsimile that could reasonably be mistaken for an actual firearm on district property, when being transported in vehicles dispatched by the district or one of its schools, during a school-sponsored or district-sponsored activity or event, and off school property when such conduct has a reasonable connection to school or any district curricular or non-curricular event without the authorization of the school or school district is prohibited. Students who violate this policy provision may be subject to disciplinary action, including but not limited to suspension and/or expulsion, in accordance with Board policy concerning student suspensions, expulsions and other disciplinary interventions.

A student may seek prior authorization from the building principal to carry, bring, use or possess a firearm facsimile that could reasonably be mistaken for an actual firearm on school property for purposes of a school-related or non-school related activity. A student's failure to obtain such prior authorization is a violation of this policy provision and may result in disciplinary action, including but not limited to suspension and/or expulsion, in accordance with Board policy concerning student suspensions, expulsions and other disciplinary interventions. The principal's decision to deny or permit a student to carry, bring, use or possess a firearm facsimile that could reasonably be mistaken for an actual firearm on school property shall be final.

School administrators shall consider violations of this policy provision on a case-by-case basis to determine whether suspension, expulsion or any other disciplinary action is appropriate based upon the individual facts and circumstances involved.

 

Recordkeeping

The district shall maintain records which describe the circumstances involving expulsions of students who bring weapons to school including the name of the school, the number of students expelled and the types of weapons involved as required by law.

Referral to law enforcement

In accordance with applicable law, school personnel shall refer any student who brings a firearm or weapon to school without authorization of the school or the school district to law enforcement.

(Adoption date)

LEGAL REFS.:  18 U.S.C. §921 (a)(3) (federal definition of "firearm")

20 U.S.C. §7151 (Gun-Free Schools Act)

20 U.S.C. §7151 (h) (requiring schools to have policies requiring referral to law enforcement)

C.R.S. 22-32-109.1 (2)(a)(I)(G) (policy required as part of safe schools plan)

C.R.S. 22-33-102 (4) (definition of dangerous weapon)

C.R.S. 22-33-106 (1) (grounds for suspension, expulsion, denial of admission)

C.R.S. 22-33-106 (1)(f) (must adopt policy regarding firearm facsimiles)

CROSS REFS.:  JK*-2, Discipline of Students with Disabilities

JKD/JKE, Suspension/Expulsion of Students

KFA, Public Conduct on District Property

NOTE:  As a condition of receiving federal funds, the Gun-Free Schools Act requires the school district to expel for one calendar year students who bring firearms to or possess firearms at school. The district is required to include a description of the circumstances surrounding these expulsions, the name of the school concerned, the number of students expelled and the types of weapons. See exhibit JICI-E for the definition of "firearm" under the Gun-Free Schools Act.

 

A case-by-case exception to the one-year expulsion requirement must be in writing and may include students with disabilities in order to meet requirements of federal law concerning students with disabilities. It is important to note that federal law requires that educational services must continue for students with disabilities who are properly expelled, although such services may be provided in another setting.

 

 

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