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BP 5131.7

Weapons and Dangerous Instruments

Section:
5000 - Students
Status:
Active
Adopted:
2017-11-14
Revised:
2023-08-17

BP 5131.7 — Weapons and Dangerous Instruments

Section: 5000 - Students
Status: Active

Adopted: 2017-11-14

Revised: 2023-08-17

Policy text

WEAPONS​ ​AND​ ​DANGEROUS​ ​INSTRUMENTS

The​ ​Governing​ ​Board​ ​recognizes​ ​that​ ​students​ ​and​ ​staff​ ​have​ ​the​ ​right​ ​to​ ​a​ ​safe​ ​and​ ​secure campus​ ​free​ ​from​ ​physical​ ​and​ ​psychological​ ​harm​ ​and​ ​desires​ ​to​ ​protect​ ​them​ ​from​ ​the​ ​dangers presented​ ​by​ ​firearms​ ​and​ ​other​ ​weapons.

Possession​ ​of​ ​Weapons

The​ ​Board​ ​prohibits​ ​any​ ​student​ ​from​ ​possessing​ ​weapons,​ ​imitation​ ​firearms,​ ​or​ ​other dangerous​ ​instruments,​ ​as​ ​defined​ ​in​ ​law​ ​and​ ​administrative​ ​regulation,​ ​in​ ​school​ ​buildings,​ ​on school​ ​grounds​, when using district provided transportation,​ ​at​ ​school-related​ ​or​ ​school-sponsored​ ​activities​ ​away​ ​from​ ​school,​ ​or while​ ​going​ ​to​ ​or​ ​coming​ ​from​ ​school.

If a student is in possession of a prohibited weapon, imitation firearm, or dangerous instrument that creates a threat or perceived threat of a homicidal act, any employee or other school official who is alerted to or observes such threat shall immediately report the threat to law enforcement.

Under​ ​the​ ​power​ ​granted​ ​to​ ​the​ ​Board​ ​to​ ​protect​ ​the​ ​safety​ ​of​ ​students,​ ​staff,​ ​and​ ​others​ ​on district​ ​property​ ​and​ ​to​ ​maintain​ ​order​ ​and​ ​discipline​ ​in​ ​the​ ​schools,​ ​any​ ​school​ ​employee​ ​is authorized​ ​to​ ​confiscate​ ​any​ ​prohibited​ ​weapon,​ ​imitation​ ​firearm,​ ​or​ ​dangerous​ ​instrument​ ​from any​ ​student​ ​on​ ​school​ ​grounds.

Unless​​ a student ​has​ ​obtained​ ​prior​ ​written​ ​permission​ ​as​ ​specified​ ​below,​ ​a​ ​student​ ​possessing​ ​or threatening​ ​others​ ​with​ ​any​ ​weapon,​ ​dangerous​ ​instrument,​ ​or​ ​imitation​ ​firearm​ ​shall​ ​be​ ​subject to​ ​suspension​ ​and/or​ ​expulsion​ ​in​ ​accordance​ ​with​ ​law,​ ​Board​ ​policy,​ ​and​ ​administrative regulations.

The​ ​principal​ ​or​ ​designee​ ​shall​ ​notify​ ​law​ ​enforcement​ ​authorities​ ​when​ ​any​ ​student​ ​possesses​ ​a firearm,​ ​explosive,​ ​or​ ​other​ ​prohibited​ ​weapon​ ​or​ ​dangerous​ ​instrument​ ​without​ ​permission,​ ​sells or​ ​furnishes​ ​a​ ​firearm,​ ​or​ ​commits​ ​any​ ​act​ ​of​ ​assault​ ​with​ ​a​ ​firearm​ ​or​ ​other​ ​weapon.

Advance Permission for Possession of a Weapon for Educational Purposes

The parent/guardian of a student who desires to possess a firearm, imitation firearm, or other prohibited weapon on school grounds for an educational purpose shall, at least five school days in advance of the planned possession, submit a written request to the principal which explains the planned use of the weapon and the duration. The student shall also submit a written explanation from the staff person responsible for the school-sponsored activity or class.

The principal may grant permission for such possession when they determine that it is necessary for a school-sponsored activity or class or as part of the educational program. Factors that shall be considered include, but are not limited to, the planned use of the weapon, the duration and location of the planned use, whether an audience is expected, and any perceived adverse effects to the safety and well-being of students or staff. If the principal grants such permission, they shall provide the student and staff person with a written explanation regarding any limitations and the permissible duration of the student’s possession.

When the principal or designee grants permission, they shall take all necessary precautions to ensure the safety of all persons on school grounds, including, but not limited to, inspecting a firearm to verify that no live ammunition is present. Any weapon allowed shall be stored in a locked vehicle or in an appropriate, locked container before and after its authorized use.

Any student granted permission to possess a weapon may be suspended and/or expelled if the student possesses or uses the weapon inappropriately.

Possession of Pepper Spray

To prevent potential misuse that may harm students or staff, students are prohibited from carrying tear gas or tear gas weapons such as pepper spray on campus or at school activities.

Reporting of Dangerous Objects

The Board encourages students to promptly report the presence of weapons, injurious objects, or other suspicious activity to school authorities. The identity of a student who reports such activity shall remain confidential to the extent permitted by law.

The Superintendent or designee shall develop strategies designed to facilitate student reporting of the presence of injurious objects on school grounds, such as tip hotlines, electronic transmissions, or other methods that preserve the student’s anonymity. Incident reports and records shall not identify the student who reported the possession. The Superintendent or designee also shall inform staff, students, and parents/guardians that students who report the presence of injurious objects on school campuses are to be protected and their identity shielded.

Prior Revised Dates

December 16, 2021

EDUCATION CODE

35291 Governing board to prescribe rules for discipline of the schools

48902 Notification of law enforcement authorities

48915 Required recommendation for expulsions

48916 Readmission

48980 Parent/Guardian notifications

49330-49335 Injurious objects

49390-49395 Homicide threats

PENAL CODE

245 Assault with deadly weapon

417.4 Imitation firearm; drawing or exhibiting

626.9 Gun-Free School Zone Act of 1995

626.10 Dirks, daggers, knives, razor or stun gun; bringing or possessing in school

16100-17360 Definitions

22810-23025 Tear gas weapon (pepper spray)

25200-25225 Firearms, access to children

30310 Prohibition against ammunition on school grounds

UNITED STATES CODE, TITLE 6

665k Federal Clearinghouse on School Safety Evidence-Based Practices

UNITED STATES CODE, TITLE 20

6301-8961 No Child Left Behind Act

7961 Gun-Free Schools Act