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Search Board Policy

AR 5131.7 Weapons and Dangerous Instruments

KPBSD Policy Manual

AR 5131.7

Students
WEAPONS AND DANGEROUS INSTRUMENTS

The Superintendent shall permit the possession of weapons, dangerous or deadly instruments, or their replicas at school or at school-related or school-sponsored activities only at the request of an administrator on E 1330(c) Application for Possession of a Firearm or Deadly or Defensive Weapon on School Grounds and with the assurance that such possession serves a positive, appropriate purpose.  Before granting permission, the Superintendent shall verify that proper precautions have been taken to ensure that no accidents will occur and that the weapon or dangerous or deadly instrument will not be misused while under school supervision.

Law enforcement officials are exempt from the firearm provisions of the search and seizure policy.

Weapons Reports

A school employee confiscating any weapon or dangerous or deadly instrument shall deliver it to the building Principal or other appropriate authority immediately. 

If an employee confiscates a weapon or dangerous or deadly instrument or knows or suspects that a student possesses such a weapon or instrument which has not been confiscated, the employee shall report the matter to the Principal immediately, and the Principal shall take appropriate action.  As directed in the District's EAP.

When informing the Principal about the possession or confiscation of a weapon or dangerous or deadly instrument, the employee shall report the name(s) of persons involved, the names of any witnesses, and the location and circumstances of the matter. 

The Principal shall report any possession of a weapon or dangerous or deadly instrument to a student's parents by telephone or in person, if practicable, and shall follow this notification with written notification to the parents, and shall report all violations of this policy to the Superintendent. 

Disciplinary Action

The Principal shall take appropriate disciplinary action in accordance with existing Board policies and regulations and shall report all such actions to the Superintendent.

(cf. AR 5144 Discipline Guide)

When the weapon involved is a firearm, as defined in Section 921 of Title 18 of the United States Code, or a deadly weapon as prohibited in AS 14.03.160, the Principal shall immediately refer the matter to the Superintendent for appropriate action.  In cases of firearms, the Superintendent shall recommend the student's expulsion from school for a period of not less than one (1) calendar year, unless a different period of expulsion is justified after consideration of the matter on a case-by-case basis.  A different period of suspension or expulsion may be justified after consideration of the matter on a case-by-case basis. The Superintendent shall consider any special circumstances involved in the violation, including those in aggravation or mitigation. The Superintendent shall also be responsible for referring to law enforcement authorities any student who violates this policy.

If the student involved has an individual education plan (IEP), an IEP team meeting will be called to determine whether there is a connection between the behavior and the disability and to determine appropriate discipline or placement of the student, in accordance with applicable law.

A student who has been suspended or expelled for violating this policy may seek early reinstatement by submitting a written request to the Superintendent. The request must identify all the reasons why the student feels that early reinstatement is appropriate. In evaluating the request, the Superintendent should consider the severity of the weapons violation, the student’s discipline record, the amount of the suspension of expulsion the student has served at the time of the request, and any other relevant criteria. As a requirement of early readmission, a student must sign a written contract with the District which identifies conditions of early reinstatement. The contract shall clearly state that any violation of school rules by the student will result in immediate reinstatement of the remaining suspension or expulsion period for the prior weapon violation. A decision of the Superintendent to grant or deny a request for early readmission shall be final and the student will be notified of the decision within 10 school days.

The Superintendent shall provide the Board with a written report of all violations of this policy, including the circumstances of the violation, the type of weapon involved, and the disciplinary or other action taken in response to the violation of policy.

In addition to the Superintendent's report to the School Board of violations of the Board's policies on weapons and dangerous instruments, the Superintendent shall provide a report to the Alaska Department of Education with a description of the circumstances surrounding expulsions imposed under Board policy relating to violations of the Board's policy on weapons and dangerous instruments.  This report shall include, at a minimum, the following information: 

1.     the name of the school concerned,

2.     the number of students expelled from such school, and

3.     the types of weapons or dangerous instruments concerned.

Definitions

The term "Firearm" shall have the meaning as defined in section 921 of Title 18, United States Code.  

The terms "Deadly Weapons,” “Weapon,” and Dangerous Instruments" are defined as anything designed for and capable of causing death or serious physical injury, including to the extent that they are not already included in the above definition, any pistol, revolver, rifle, shotgun, air gun, spring gun or zip gun, any bomb or explosive, including fireworks, any poison, any dangerous or deadly gas, any slingshot, bludgeon, nightstick, straight razor or throwing star, brass knuckles or artificial knuckles of any kind, any knife, axe, or club.

The term “parent,” shall include legal guardians, foster parents, or other individual(s) who have a similar legal responsibility for the child.

( cf. 3515 – School Safety and Security )
( cf. 4158 /4258/4358 - Employee Security )
( cf. 5144.1 - Suspension and Expulsion/Due Process )


KENAI PENINSULA BOROUGH SCHOOL DISTRICT
Revised: 06/02/2014

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