WEAPONS F21
It is the intent of the
board to comply with the federal Gun Free Schools Act of 1994, and 16
V.S.A.§1166 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 with Disabilities Education Act, Section 504 of the
Rehabilitation Act and the Vermont State Board of Education rules.
Definitions
A. "Weapon” means:
1.
a
firearm as defined in Section 921 of Title 18 of the United States Code;
2.
an
antique firearm;
3.
the
frame or receiver of any firearm described
above;
4.
a
firearm muffler or firearm silencer;
5.
an
explosive, including, but not limited to:
a.
a
bomb;
b.
an
incendiary or poisonous gas;
c.
a
grenade;
d.
a
rocket or missile not part of any school instructed program;
e.
a
mine;
f.
explosive
fireworks; or
g.
any
similar device.
B. “School” means any setting
that is under the control and supervision of the school district, including
school grounds, school facilities, school-sponsored events whether held on or
off school grounds, and vehicles used to transport students to and from school
or school activities.
C. “Expulsion” means the
termination of educational services to a student for at least one calendar
year. 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.
Any student who brings a weapon to school shall be brought by the
superintendent to the school board for an expulsion hearing.
A student found by the board after a hearing to have brought a weapon
to school 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 circumstances
such as, but not limited to:
a. the student was unaware that he or she had brought a weapon to
school;
b. the student did not intend to use the weapon to threaten or endanger
others;
c. the student is disabled and the misconduct is related to the
disability;
d. the
student does not present an ongoing threat to others and a lengthy expulsion
would not serve the best interests of the student.
An expulsion hearing conducted under this policy shall afford due
process as required by law.
In addition, a student who brings a weapon to school shall be referred to a law enforcement agency by the principal.
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.
Adopted: December
7, 1995
Warned: October
6, 2001
Revised: October
17, 2001
Legal Reference(s): Gun
Free Schools Act of 1994, 20 U.S.C. §8921; 18 U.S.C. §921
16
V.S.A. §1166, 13 V.S.A. §4004
Individuals
with Disabilities Education Act (PL 94-142)
Section
504 of the Rehabilitation Act of 1973
Vermont
State Board of Education Manual of Rules & Practices, §4311, 4312