8470.1 – Administrative Procedures for Implementation of 8470


This procedure shall cover any objects or items which could be used to injure another person or whose clear intent is to resemble an item which could cause injury and which has no school-related reason for being in a school or on school grounds.  Such items will be considered “weapons” for the purpose of this policy.

 It is not considered a defense to a charge of bringing a weapon to school or possessing, handling, transmitting, or using a weapon in school, on school grounds, or at school activities that the student did not intend to hurt anyone or was unaware of this policy.

 I. Firearms

Any student who knowingly and voluntarily possesses, handles or transmits a firearm in school, on school grounds, or at a school function will be excluded from the school for a period of not less than one calendar year; that is, subject to the case by case exception allowing the superintendent to modify the one year expulsion requirement on a case by case basis.

Any firearm confiscated by school administrative or teaching personnel shall be delivered to law enforcement authorities (§28-1204.04(2)).

For the purpose of this action firearms shall mean:

1)     Any weapon which will, is designed to, or may readily be converted  to expel a projectile by the action of an explosion;

2)     The frame or receiver of any such weapon;

3)     A firearm muffler or silencer;

4)     Starter pistol;

5)     B-B gun, pellet or air gun;

6)     Any destructive device:

a)     any explosive, incendiary or poison gas bomb, grenade, rocket with a propellant charge of more than four ounces, missile with an incendiary charge of more than four ounces, mine or similar device;

b)     any combination of parts designed or intended for use in converting any device into any destructive device or from which a destructive device may be readily assembled.

II. Weapons

Any student who knowingly and voluntarily possesses, handles, or transmits a weapon (other than Section I above) shall be excluded from school for a period of not less than one whole semester. If any portion of a semester remains the exclusion will include that portion plus one complete semester.

Law enforcement authorities will be contacted when weapons in this category are confiscated.

Other than Section I above, dangerous weapons shall include:

  1. knives–any dagger, dirk, or stiletto with a blade of over three and one half inches;
  2. knuckles–any instrument that consists of finger rings or guards made of hard substances that is designed, made, or adapted for the purpose of inflicting serious bodily injury by striking a person with a fist enclosed in the knuckles;
  3. lead pipes;
  4. chuck-sticks;
  5. throwing stars;
  6. darts, or;
  7. blackjacks. 

III. Potentially Dangerous and Look Alike Weapons

Any student who knowingly and voluntarily possesses, handles or transmits any potentially dangerous weapons not addressed in Sections I and II above, or a look alike weapon, shall be subject to a short-term exclusion of five days or less during which time a review panel will be convened to review the incident and determine possible continuance of exclusion. The review panel will consist of 1) the administrator of the school of attendance; 2) an administrator from another district facility; and 3) a district-wide administrator. The panel shall review the facts of the case including the article in question, circumstances of discovery, use of the article, and intent. Upon completion of the review the panel may choose to continue the exclusion for a period of up to the remainder of the semester, unless ten or less days remain in the semester, in which case the exclusion will include the following semester.

Law enforcement authorities may be contacted upon confiscation of potentially dangerous articles.

Items in this category may include but not be limited to:

1)     Knives with blades of less than three and one half inches;

2)     Chains;

3)     Fireworks;

4)     Chemicals;

5)     Unauthorized tools;

6)     Any articles that can be realistically mistaken for weapons;

7)     Other items not covered in Section I or II above.

IV. Confiscation

Administrators or other delegated school officials shall confiscate any article previously described in Sections I, II, or III. Articles identified in Section I and II will be submitted to the appropriate law enforcement  agency. Articles identified in Section III may be turned over to law enforcement officials as appropriate. 

V. Additional Considerations

1)   Exceptions to unlawful possession of firearms:

a)     Armed Forces and Law Enforcement Officers (§28-1204.04 (1)(a) );

b)     Adult Supervision–firearms which may lawfully be possessed by the person receiving instruction under the immediate supervision of an adult instructor (§28-1204.04(1)(b) );

c)     “Gun Rack Rule”–firearms contained within the private vehicle operated by a non-student adult which are not loaded and

i)       are encased or;

ii)      are in a locked firearms rack that is on a motor vehicle (§28-1204.04(1)(c)).

 

2) Students with Disabilities may be subject to the same disciplinary procedures if it is determined that the act was not related to the disability. The Individuals with Disabilities Education Act (IDEA) requires that educational services must continue, however services may be provided in another setting.

If the act is related to the disability the student may be subject to short term suspension but may not be expelled. The district may seek a court order to remove the student or the placement may be changed.

3) The Superintendent as chief administering officer of the district may modify exclusion requirements on a case-by-case basis.

All students or parents will receive a copy of this procedure upon registration or enrollment in this district. This procedure will be published in all student handbooks and notices regarding this procedure will be posted.

  

Revised: 8.9.2012