File:  JFCD

WEAPONS IN SCHOOL

I.  Generally

 

            Carrying, bringing, using or possessing any firearm, dangerous device, or dangerous or deadly weapon in any school building, on school grounds, in any school vehicle or at any school-sponsored activity without the authorization of the school or the school division is prohibited, and grounds for disciplinary action.  A student who has possessed a firearm, destructive device, firearm muffler, firearm silencer or pneumatic gun on school property or at a school-sponsored activity may be expelled for at least one year in accordance with Policy JGD/JGE Student Suspension/Expulsion. The School Board may determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. The School Board may promulgate guidelines for determining what constitutes special circumstances. In addition, the School Board may, by regulation, authorize the superintendent or the superintendent’s designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate.ˡ Violation of this policy shall require that proceedings for the discipline of the student involved be initiated immediately by the principal.

 

            Such Weapons include, but are not limited to:

 

·         any pistol, shotgun, stun weapon, revolver, or other firearm listed in section      22.1-277.07(E), of the Code of Virginia, designed or intended to propel a projectile of any kind, including a rifle;

·         unloaded firearms in closed containers;

·         any air rifle or BB gun

·         toy guns and look-alike guns;

·          any dirk, bowie knife, switchblade knife, ballistic knife, machete knife or

       razor;

·         Slingshots;

·         spring sticks;

·         Brass or metal knuckles, blackjacks;

·         any flailing instrument consisting of 2 or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain;

·         any disc of whatever configuration, having at least two points or pointed       blades, and which is designed to be thrown or propelled and which may     be known as a throwing star or oriental dart;

·         explosives; and;

·         destructive devices as defined in section 22.1-277.07( E), of the        Code of Virginia, or other dangerous articles.

 

II.  Students with Disabilities

 

A.  Students with disabilities are subject to the provisions of section I. of this policy and may be disciplined to the same extent as a non-disabled student provided the manifestation review committee determines that the violation was not a manifestation of the student’s disability. The provisions of Policy JGDA will be followed in addition to the regular disciplinary procedures.

 

B.   Additional authority to remove a student with a disability from school for a weapons violation.

 

1.      In addition to the authority granted in subsection A above, a student with a disability may also be removed without parent consent and assigned to an interim alternative education program by school personnel for not more than forty-five (45) school days when the student carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a state or local education agency. This option is available regardless of whether a manifestation exists.  The removal should not be in excess of any removal imposed on a student without a disability for the same offense.

 

2.   For purposes of this forty-five (45) school day removal, the weapon must meet the following definition:

 

      “a weapon, device, instrument, material or substance, animate or inanimate, that              is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length.”

 

 

Adopted:

 

April 21, 2003; Revised August 18, 2003, June 21, 2004, August 21, 2006, July 2, 2007, August 18, 2008, August 8, 2011, October 27, 2014

 

Legal Refs.:     18 U.S.C. § 930(g)(2).

                        20 U.S.C. § 1415(k)(1)(G)(i).

 

                        Code of Virginia, §§18.2-308, 18.2-308.1, 18.2-308.7, 22.1-277.07,

                        277.07:1

 

                        Wood v. Henry County Public Schools, 255 Va. 85, 495 S.E.2d 255 (1998).

 

8 VAC 20-81-10.

 

            Cross Refs.:     JGD/JGE          Student Suspension/Expulsion

                                    JFC                  Student Conduct

                                    JGDA              Disciplining Students with Disabilities

                                    JGDB               Discipline of Students with Disabilities for Infliction of                                                                      Serious Bodily Injury