CODE
F21
(Mandatory)[1]
POLICY: FIREARMS
Policy
It is the policy of the
_________________ School District to comply with the federal Gun Free Schools
Act of 1994[2]
and state law[3]
requiring school districts to provide for the possible expulsion of students who
bring firearms to or possess firearms at school. It is further the intent of the school 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.[4]
Definitions
For the purposes of this policy, the terms
“firearm” “school” and “expelled” shall be defined in administrative procedures
developed by the superintendent. The
definitions shall be consistent with definitions required by state and federal
law.[5]
Sanctions
Any student who brings a firearm to school, or
who possesses a firearm at school, shall be brought by the superintendent to
the school board for an expulsion hearing.
A student found by
the school board after a hearing to have brought a firearm[6]
to school shall be expelled for at least one calendar
year. However, the school board may modify the expulsion on a case by case
basis when it finds circumstances such as, but not limited to:
At the discretion of
the school 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.[8]
Policy Implementation
An expulsion hearing conducted under this
policy shall afford due process as required by law and as developed by the
superintendent or his or her designee.
The superintendent shall refer to appropriate
law enforcement agency any student who brings a firearm to a school under the
control and supervision of the school district.
The superintendent may also report any incident subject to this policy
to the Department of Social and Rehabilitative Services.[9]
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 firearms involved.[10]
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Date Warned: |
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Date Adopted: |
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Legal Reference(s): |
16 V.S.A. §1166 (State
law pursuant to Federal law) |
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13 V.S.A. §§4004, 4016
(Criminal offenses) |
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20 U.S.C. §7151(Gun Free
Schools Act) |
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18 U.S.C. §921 (Gun Free
School Zones Act of 1990) |
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20 U.S.C. §§1400 et
seq.(IDEA) |
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29 U.S.C. §794 (Section
504, Rehabilitation Act of 1973) |
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Vt. State Board of
Education Manual of Rules & Practices, §§4311, 4312 |
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Cross Reference: |
Interrogations or
Searches of Students (F5) |
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Search and Seizure (F3) |
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Student Conduct and
Discipline (F1) |
[1] This policy is required by 16 V.S.A. §1166(b).
[2] The Gun Free Schools Act (GFSA) was enacted under
Congress’ spending power to prevent students from bringing weapons to
school. The GFSA is different than the
Gun-Free School Zones Act of 1990, which the U.S. Supreme Court struck down in
1995, holding that it exceeded Congress’ power under the Commerce Clause of the
U.S. Constitution. The Gun-Free School
Zones Act was amended in 1996 to restrict its application to possession of
firearms that have moved in or that otherwise affected interstate or foreign
commerce and are at a place that the individual knows, or has reasonable cause
to believe, is a school zone. 18 U.S.C. § 922(q)(2)(A). The Gun Free Schools Act of 1994 was amended
and incorporated into the No Child Left Behind Act at
20 U.S.C. § 7151 et seq.
[3] 16 V.S.A. §1166
[4] The U.S. Department of Education’s “Guidance
Concerning State and Local Responsibilities Under the
Gun Free Schools Act (GFSA)” states that “compliance with the GFSA may be
achieved consistent with the requirements that apply to students with
disabilities, so long as discipline of those students is determined on a
case-by-case basis…”
[5] See definitions in the administrative procedures section accompanying this policy. Note that the GFSA exempts from its coverage firearms that are “…lawfully stored inside a locked vehicle on school property, or if it is for activities approved and authorized by the local education agency and the local education agency adopts appropriate safeguards to ensure student safety.” 20 U.S.C. §7151(g).
[6] See footnotes 1 and 4.
[7] 16 V.S.A. § 1166(b)(2)
stipulates that “.the school board may modify the expulsion on a case by case
basis…” and includes the “…such as but not limited to…” examples listed here.
[8] 20 U.S.C. §7151(b)(2).
[9] 16 V.S.A. § 1166(b)(1); 20
U.S.C. § 7151(h)(1). The Gun Free
Schools Act stipulates that “no (federal) funds shall be made available to any
local education agency unless such agency has a policy requiring referral to
the criminal justice or juvenile delinquency system of any student who brings a
firearm or weapon to a school served by such agency.”
[10] This requirement is imposed by 16 V.S.A. § 1166(c).