HomeMy WebLinkAbout3335 Prohibition of WeaponsSTUDENTS
PROHIBITION OF FIREARMS AND WEAPONS
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Bonneville Joint School District No. 93 is committed to providing a safe environment for
students and staff. Students, on school property or attending a school sponsored
activity regardless of location, shall not use, possess, or threaten to use firearms,
dangerous weapons, weapons, explosives, or other dangerous objects or substances
that could jeopardize the health and safety of others or could be used to disrupt the
educational process.
Guidelines
Prohibitions
1. Students on school property or attending any school sponsored activity regardless
of location are prohibited from possessing, using, and /or threatening to use:
a. Firearms, explosives, dangerous weapons, weapons, or facsimiles (look alike)
thereof;
b. Dangerous objects or substances that are manufactured, used, or intended for
use as a weapon, or facsimiles thereof, without prior permission of school
officials; or
c. Any normally non - dangerous object or substance with the intent or result of
causing harm to another individual.
2. Students shall not knowingly assist another to possess or use a firearm, dangerous
weapon, weapon, explosive, or dangerous object on school property or at a school
sponsored activity regardless of location.
Right to Search
Employees of Bonneville Joint School District No. 93 shall have the right to search the
belongings, lockers, and any student or minor reasonably believed to be in possession
of a weapon, dangerous object or substance, or firearm (see Idaho Code § 18 -3302D
(3), Searches and Seizure policy #3370, and Searches and Seizure Procedures
#3370).
Disciplinary Actions
Any student found to be in violation of this policy will be subject to disciplinary action,
including, but not limited to, expulsion, suspension, or other appropriate penalties.
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STUDENTS
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Expulsion of Students
Pursuant to the Gun -Free Schools Act, any student who is found to have carried a
dangerous weapon or firearm on school property shall be expelled for a period of
not less than one (1) year (twelve (12) calendar months) (see policy #3360 Student
Expulsion — Denial of Enrollment).
2. The Board may modify the expulsion order pursuant to the Gun -Free Schools Act on
a case -by -case basis, taking into account the individual circumstances and the
severity of the incident.
3. The Board may expel a student as circumstances warrant regardless of whether the
item at issue falls within the definition of weapon under the Gun -Free Schools Act.
Referral to Law Enforcement
1. All students expelled for bringing a firearm, weapon, or dangerous weapon to
school shall be referred to the criminal justice or juvenile system.
2. The Board, at its discretion, may refer any student who violates this policy to law
enforcement.
Denial of Enrollment
Bonneville Joint School District No. 93 will not admit any student who has been
expelled from another school district for violation of federal law, as set forth in the
Gun -Free Schools Act and Idaho law, regarding the prohibition of weapons until
said expulsion period has expired.
2. Timing shall be based on written confirmation from the district that initially expelled
the student.
3. If the student wishes to challenge denial of enrollment, he /she is entitled to a due
process hearing (see policy #3360 Student Expulsion — Denial of Enrollment).
DEFINITIONS:
Dangerous Object: anything that, although not specifically designed to hurt someone,
is used to cause injury or to put someone in fear.
Dangerous Weapon: 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
Bonneville Joint School District No. 93
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2'/2 inches in length as defined in 18 United States Code (U.S.C.) Section 930.
Explosive: any substance or device that can potentially generate a release of
mechanical or chemical energy.
Firearm: any weapon (including a starter gun) that will be or is designed to or may
readily be converted to expel a projectile by the action of an explosive; the frame or
receiver of any such weapon; any firearm muffler or firearm silencer; any destructive
device, including any explosive, incendiary or poisonous gas bombs, grenades, rocket,
missile, mine, or similar devices as defined in 18 U.S.C. Section 921.
Look Alike Weapons: objects which closely resemble a weapon, dangerous weapon,
or explosive and could put persons in fear for their safety. Examples include toy guns,
smoke bombs, etc.
Possess: actual possession (the individual knowingly exercises direct physical control
over an object) or constructive possession (the individual is not in actual possession
but knowingly has the power and intent at a given time to exercise dominion or control
over an object, either directly or through another person(s)). A student will be
determined to possess a weapon, dangerous weapon or firearm when the item is found
to be in any of the following locations:
1. On a student's person;
2. In the student's personal property, including, but not limited to:
a. the students clothing,
b. backpack,
c. purse, or
d. any other item the student transports or carries and /or causes to be transported
or carried to school;
3. A vehicle parked in the school parking lot that the student drives and /or is
transported in;
4. In the student's locker; or
5. In any other school - related location.
School Property: includes but is not limited to: buildings, facilities, and grounds on the
school campus, school buses, school bus stops, school parking areas, and any facility
being used for a school function.
Weapon: is defined in Section 921 of Title 18, U.S.C. and Section 18- 3302D, Idaho Code
and includes but is not limited to: a knife with a blade of any length; firearms; dirk knife,
Bonneville Joint School District No. 93
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bowie knife, dagger, or straight razor; metal knuckles; any combustible or flammable
liquid; lead pipes, chains, chick sticks, throwing stars, darts, air rifles, BB guns, paint
ball guns, pellet guns, or air soft guns; or any other dangerous weapon that is used to
threaten, strike terror, or cause bodily harm or death even though it is normally
considered to not present a danger to others.
Pursuant to the Gun -Free Schools Act the following are excluded from the definition of
weapons:
Antique firearms and rifles which the owner intends to use solely for sporting,
recreational, or cultural purposes;
2. Firearms that are lawfully stored inside a locked vehicle on school property; and
3. Weapons which are used in activities, approved and authorized by the
superintendent /designee, when appropriate safeguards are adopted to ensure
student safety.
Adopted 09 -13 -1995 Reviewed Revised 04 -14 -1999
09 -08 -2005
06 -10 -2009
Cross Reference: Abuse of School Property #4360, #3325, and #5327
Student Conduct #3285
Conduct on School Property #3286, 4300, and 5243
Disruption of School Operations #3287 and #4325
Bullying, Hazing, Harassment, Intimidation, Menacing #3295, #4370, and
#5252
Bullying, Hazing, Harassment, Intimidation, Menacing Procedures #3295P,
#4370P, and #5252P
Gangs and Gang Activity #3310
Assault and Battery #3315
Corrective Actions and Punishment #3340
Student Detention #3350
Student Suspension #3355
Student Expulsion — Denial of Attendance #3360
Searches and Seizure #3370
Searches and Seizure Procedures #3370P
Employee or Public Use of Weapons #4345 and #5247
Legal Reference: I.C. § 18 -3302D Possession weapons or firearms on school property
I.C. § 33 -1224 Powers and duties of teachers
20 U.S.C. Chapter 70, Sec. 8921, et seq. Gun Free Schools Act
Bonneville Joint School District No. 93
Prohibition of Weapons