BP 5131.7 Weapons and Dangerous Instruments

KPBSD Policy Manual

BP 5131.7

Students
WEAPONS AND DANGEROUS INSTRUMENTS

Students shall not possess or use weapons, dangerous instruments, or their replicas in school buildings, on school grounds or on District-provided transportation, or at any school-related or school-sponsored activity away from school, unless written permission has been previously obtained from the Superintendent specifically authorizing that possession or use.  Students who violate this policy are subject to disciplinary action in accordance with District policy and procedures.

          (cf 5144: Discipline Guide)

School employees may confiscate weapons or dangerous instruments on school grounds or at school-related or school-sponsored activities in order to maintain discipline and to protect the welfare and safety of students, staff and the public. 

The District shall, by regulation, define the terms "weapon," "dangerous instrument" and "firearm."

The Board shall expel any student who brings a firearm to school in violation of this policy for a period of not less than one (1) calendar year.  The Board may expel for the school year, or permanently, a student who possesses a deadly weapon other than a firearm. The District may consider requests for early reinstatement by students suspended or expelled for violations of this policy. The Superintendent shall develop procedures and conditions for early reinstatement.

The Superintendent may, on a case-by-case basis, recommend a modification of this period of expulsion.  Such modification recommendation shall involve consideration of all relevant factors, including those in aggravation and mitigation of the violation, and, for students with disabilities, whether violation of this policy is a manifestation of the student's disability.

The Superintendent shall be responsible for reporting all violations of this policy to the Board and shall make all required reports to state, local, and federal agencies.

(cf. 3515 – School Safety and Security)
(
cf. 4158/4358 - Employee Security)
(
cf. 5144.1 - Suspension and Expulsion/Due Process) 
(cf. 5144.2 - Suspension and Expulsion (Individuals with Exceptional Needs)

Legal Reference:

Gun-Free Schools Act of 1994 ( Pub.L . 89-10, Title VIII, s 8001, as added Pub.L . 103-227, Title X, s 1032(3), March 31, 1994, 108 Stat. 270.)

Individuals with Disabilities Education Act ( Pub.L . 94-142)

1973 Rehabilitation Act, Section 504

Elementary and Secondary Educational Act of 1965

Americans with Disabilities Act, 42 U.S.C. Sec. 12183(b )

ALASKA STATUTES

11.61.210 - Misconduct involving weapons in the fourth degree

11.81.900 - Definitions

14.03.160 - Suspension or expulsion of students for possessing weapons


KENAI PENINSULA BOROUGH SCHOOL DISTRICT

Revised: 09/12/2011