SPAULDING HIGH SCHOOL UNION DISTRICT #41                  CODE:              JFCG

POLICY MANUAL                                                      

DRAFT:                                      6/15/95

                                                                                    3RD READING/ADOPTED:             10/3/95

                                                                                    3rd Reading/Adopted:        10/4/99

                                                                                    1st Reading:                                   3/6/00

                                                                                    2ND Reading:                                   4/3/00

                                                                                    3rd Reading/Adopted:                    5/8/00

WEAPONS

 

1.0       It is the intention of the board of the Board of School Commissioners to comply with the federal Safe and Gun-Free Schools Act of 1994, and Act 35 of the 1995 session of the Vermont General Assembly requiring school districts to provide for the possible expulsion of students who bring weapons to school.  It is further the intent of the board to maintain a student discipline system consistent with the requirements of the Federal Individuals Education Act, (PL 94-142 as reauthorized) Section 504 of the Rehabilitation Act, 13 VSA Ch. 85 Pare, 4004,  and the Vermont State Board of Education rules.

 

2.0            Definitions

For the purposes of this policy, the terms “weapon” and “to school”, “at school or at a school event” and “expelled” shall have the following meanings:

 

2.1       “Weapon” means a firearm as defined in Section 921 of Title 18 of the United States Code.   According to Section 921, the following are considered weapons:

 

2.1.1            any weapon which will or is designed to or readily can be converted to expel a

projectile by the action of an explosive

 

                        2.1.2            the frame or receiver of any weapons described above

 

                        2.1.3            any firearm muffler or silencer

 

                        2.1.4            any explosive, incendiary or poison gas

                                    2.1.4.1            bomb

                                    2.1.4.2            grenade

                                    2.1.4.3            rocket having a propellant charge of more than four ounces

2.1.4.4            missile having an explosive or incendiary charge of more than one-quarter ounce.

                                    2.1.4.5            mine, or

 

                                    2.1.4.6            similar devices

 

2.1.5            any weapon which will, or may be readily converted to expel, a projectile by the action of an explosive propellant, and which has any barrel with a bore of more than one-half inch in diameter.

 

                                                            Page 1 of 3

 

SPAULDING HIGH SCHOOL UNION DISTRICT #41                  CODE:              JFCG

POLICY MANUAL                  

________________________________________________________________________________

 

2.1.6            any combination of parts either designed or intended for use in converting any device into any destructive device described in the immediate preceding examples and from which a destructive device may be readily assembled

 

                        2.1.7            a dirk knife, bowie knife, or dagger

 

3.2            “Weapons” is additionally defined, by adoption of policy by the Union District #41 Board of School Commissioners, as the following:

           

            3.2.1                martial arts weapons

                        3.2.2                crossbow

                        3.2.3                brass knuckles

                        3.2.4                blackjack

                        3.2.5                sword

                        3.2.6                bayonet

                        3.2.7                throwing knife or star  

            3.2.8                switchblade

                        3.2.9                flip-knife

                        3.2.10              straight razor

                        3.2.11              butterfly knife

                        3.2.12              sheath knife

                        3.2.13              or the parts that my be readily assembled into these items

                        3.2.14              any object which a student uses or brandishes as a weapon

 

3.3       “To school” or “at school or a school event” means any setting which is under the control and supervision of the school district.  Such settings include school grounds, facilities, building, or property owned, leased, or rented for the purpose of hosting school events, campus parking lots or access road, athletic sites where school events are held and school vehicles used to transport students to and from school or school activities.

 

3.4            “Expelled” means the termination for at least a calendar year of educational services to a student.   At the discretion of the board and administration, an expelled student may be afforded limited educational services at a site other than the school during the period of expulsion under this policy.

 

4.0       Policy Statement

 

4.1       Any student who brings a weapon to school or a school event, or possesses a weapon at school or a school event shall be immediately suspended for ten (10) school days, and brought by the superintendent to the school board for an expulsion hearing.

 

4.2       It is a violation of this policy for any person to make, issue, or communicate by any means, a threat that a dangerous or deadly weapon has been, or will be placed or used on school grounds or property.

 

 

SPAULDING HIGH SCHOOL UNION DISTRICT #41                              CODE:              JFCG

POLICY MANUAL              

_________________________________________________________________________________

 

4.3       An expulsion hearing conducted under this policy shall afford due process as required by law.

 

4.4       A student found by the board after a hearing to have been in violation of this policy shall be expelled for at least one calendar year.  However, the board may modify the expulsion on a case by case basis when it finds mitigating circumstances.

 

4.5       In addition, any student who brings a weapon to school or to a school event or possesses a weapon at school or at a school event shall be referred to a law enforcement agency.

 

4.6       As required by state law, the superintendent shall annually provide the commissioner of education with descriptions of the circumstances surrounding expulsions imposed under this policy, the number of students expelled and the type of weapons involved.

 

 

 

Reference(s):                Gun Free Schools Act of 1994

Act No. 35 of the 1995 Session of the Vermont General Assembly

Individuals With Disabilities Education Act (PL 94-142)

Section 504 of the Rehabilitation Act of 1973

13 VSA Ch. 85 Paragraph 4004

Vermont State Board of Education Manual of Rules & Practices, Sections 4311, 4312

 

 

 

 

 

 

 

 

 

 

Disk #D