SPAULDING HIGH SCHOOL UNION DISTRICT                          CODE:  JFCGG

POLICY MANUAL

First Reading: 7/6/2010, 8/16/2010

2nd/Final Reading: 8/16/2010,  8/30/10

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POLICY: FIREARMS 

Policy
It is the policy of the Spaulding High School District to comply with the federal Gun Free Schools Act of 1994 and state law requiring school districts to provide for the possible expulsion of students who bring firearms to or possess firearms at school.  It is further the intent of the school board to maintain a student discipline system consistent with the requirements of the federal Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act and the Vermont State Board of Education rules.

Definitions

A “Firearm” is defined as any pistol, rifle, shotgun or automatic weapon or any “look alike” toy or replica of a firearm used in a threatening manner as though it were a real firearm.

At school is defined as on school grounds, within a school building, on a school sponsored trip or an activity away from school.

Expelled is defined as excluded from participating in any school activity and being enrolled as a student.

Sanctions
Any student who brings a firearm to school, or who possesses a firearm at school, shall be brought by the superintendent to the school board for an expulsion hearing.

A student found by the school board after a hearing to have brought a firearm to school shall be expelled for at least one calendar year. However, the school board may modify the expulsion on a case by case basis when it finds circumstances such as, but not limited to:

  1. The student was unaware that he or she had brought a firearm to school.
  2. The student did not intend to use the firearm to threaten or endanger others.
  3. The student is disabled and the misconduct is related to the disability.
  4. The student does not present an ongoing threat to others and a lengthy expulsion would not serve the best interests of the pupil.

At the discretion of the school 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.

Policy Implementation

An expulsion hearing conducted under this policy shall afford due process as required by law and consistent with the law.

The principal or designee shall refer to appropriate law enforcement agency any student who brings a firearm to a school under the control and supervision of the school district.  The principal or designee may also report any incident subject to this policy to the   Division of Children and Families Services.

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 firearms involved.

Regarding persons other than students, no person shall enter onto school grounds while in possession of a firearm as described above unless:

a.       The person has prior written approval from the principal to bring the firearm to school for a designated educational purpose.

b.      The person is a law enforcement officer in the performance of his/her duties.

Violations shall be reported to legal authorities.

Legal Reference(s):

16 V.S.A. §1166 (State law pursuant to Federal law)

 

13 V.S.A. §§4004, 4016 (Criminal offenses)

 

20 U.S.C. §7151(Gun Free Schools Act)

 

18 U.S.C. §921 (Gun Free School Zones Act of 1990)

 

20 U.S.C. §§1400 et seq.(IDEA)

 

29 U.S.C. §794 (Section 504, Rehabilitation Act of 1973)

 

Vt. State Board of Education Manual of Rules & Practices, §§4311, 4312