5131.7 BP - Weapons and Dangerous Instruments

Students                                                                                                                   Board Policy No.  5131.7 
Policy approved:  March 5, 2015


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.

(cf. 5116.1 – Intradistrict Open Enrollment)

(cf. 5131 – Conduct)

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 or buses, or at a school-related or school-sponsored activities away from school, or while going to or coming from school.

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 he/she 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 Board policy and administrative regulations. 

(cf. 5144 – Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Individuals with Disabilities))

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.  (20 USC 7151; Education Code 48902; Penal Code 245, 626.9, 626.10)

 

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.  

(cf. 5125 – Student Records)

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.

 

Legal Reference:

EDUCATION CODE

35291 Governing board to prescribe rules for discipline of the schools

48900 Grounds for suspension/expulsion

48902 Notification of law enforcement authorities

48915 Required recommendation for expulsions

48916 Readmission

49330-49335 Injurious objects

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

653k Switchblade knife

16100-17350 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 20

6301-7941  No Child Left Behind Act, especially:

7151  Gun-Free Schools Act

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