WEAPONS IN SCHOOL
Carrying, bringing, using or possessing any firearm, dangerous device, or dangerous or deadly weapon in any school building, on school grounds, in any school vehicle or at any school-sponsored activity without the authorization of the school or the school division is prohibited, and grounds for disciplinary action. The disciplinary sanction for bringing a firearm to school or to a school sponsored activity is expulsion for at least one year in accordance with Policy JGD/JGE. Violation of this policy shall require that proceedings for the discipline of the student involved be initiated immediately by the principal.
Such weapons include, but are not limited to:
any pistol, shotgun, stun weapon, revolver, or other firearm listed in section 22.1-277.07(E), of the Code of Virginia, designed or intended to propel a projectile of any kind, including a rifle,
unloaded firearms in closed containers,
any air rifle or BB gun,
toy guns and look-alike guns,
any dirk, bowie knife, switchblade knife, ballistic knife, machete, knife or razor,
brass or metal knuckles, blackjacks,
any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain,
any disc, of whatever configuration, having at least two points or pointed blades, and which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart,
destructive devices as defined in section 22.1-277.07(E), of the Code of Virginia, or other dangerous articles.
II. Students with Disabilities
A. Students with disabilities are subject to the provisions of Section I of this policy and may be disciplined to the same extent as a nondisabled student provided the manifestation review committee determines that the violation was not a manifestation of the student’s disability. The provisions of Policy JGDA will be followed in addition to the regular disciplinary procedures.
B. Additional authority to remove a student with a disability from school for a weapons violation.
1. In addition to the authority granted in subsection A above, a student with a disability may also be removed without parent consent and assigned to an interim alternative education program by school personnel for not more than forty-five (45) school days when the student carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a state or local educational agency. This option is available regardless of whether a manifestation exists. The removal should not be in excess of any removal imposed on a student without a disability for the same offense.
2. For purposes of this forty-five (45) school day removal, the weapon must meet the following definition:
“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 2 ½ inches in length.”
Adopted: 04/27/06; 08/23/04; 06/26/08
Legal Refs: 18 U.S.C. § 930(g) (2).
20 U.S.C. § 1415(k) (1) (G) (i).
Code of Virginia, §§18.2-308, 18.2-308.1, 18.2-308.7, 22.1-277.07, 277.07:1. Wood v. Henry County Public Schools, 255 Va. 85, 495 S.E.2d 255 (1998).
8 VAC 20-80-68.
Cross Refs: JGD/JGE Student Suspension/Expulsion
JFC Student Conduct
JGDA Disciplining Students with Disabilities
JGDB Discipline of Students with Disabilities for Infliction of Serious Bodily Injury
© 5/08 VSBA