JICIA - WEAPONS, VIOLENCE, AND SCHOOL SAFETY
NEPN/NSBA Code:JICIA
WEAPONS, VIOLENCE, AND SCHOOL SAFETY
The School Committee believes that students and staff are entitled to learn and work in a school environment free of violence, threats, and disruptive behavior. Students are expected to conduct themselves with respect for others and in accordance with School Committee policies, school rules, reasonable unwritten behavior expectations, and applicable state and federal laws.
School staff are required to immediately report incidents of prohibited conduct by students to the building administrator/designee for investigation and appropriate action.
I. PROHIBITED CONDUCT
Students, staff, and all other persons are prohibited from engaging in the following conduct on school property, while in attendance at school or at any school-sponsored activity, or at any time or place that such conduct directly interferes with the operations, discipline, or general welfare of the school:
Possession and/or use of articles commonly used or designed to inflict bodily harm and/or to threaten, intimidate, coerce, or harass another person. Examples of such articles include but are not limited to firearms, BB guns, pellet guns, any other kind of gun, ammunition, explosives, cross-bows, brass knuckles, switchblades, knives, chains, clubs, Kung Fu stars, and nunchucks;
Discharge of a firearm within 500 feet of school property;
Use of any object, although not necessarily designed to be a weapon, to inflict bodily harm and/or to threaten, intimidate, coerce, or harass another person. Examples of such articles include but are not limited to bats, belts, picks, pencils, compasses, objects capable of ignition (e.g., matches, lighters), files, tools of any sort, and replicas of weapons (including toys);
Violent or threatening behavior, including but not limited to fighting, assault and/or battery, taking hostages, threats to commit violence against persons or property (e.g., verbal or written death threats, threats of bodily harm, bomb threats), stalking, or blocking access to school property or facilities;
Verbal or written statements (including those made using computers or other electronic communication devices or technologies) which threaten, intimidate, or harass others, which tend to incite violence and/or disrupt the school program; blackmail, extortion, or demands for money or property;
Willful and malicious damage to school or personal property;
Stealing or attempting to steal school or personal property;
Lewd, indecent or obscene acts or expressions of any kind;
Violations of the school unit’s drug/alcohol and tobacco policies;
Violations of state or federal laws; and
Any other conduct that may be harmful to persons or property.
II. EXCEPTIONS TO PROHIBITIONS ON POSSESSION AND DISCHARGE OF FIREARMS ON SCHOOL PROPERTY
The prohibition on the possession and discharge of firearms on school property does not apply to law enforcement officials.
III. RESPONSE TO POLICY VIOLATIONS/DISCIPLINARY ACTION
Building Administrators may engage students in restorative intervention and/or discipline students who violate this policy, based upon the facts of each case and in accordance with applicable state and federal laws. Conduct which violates this policy is deliberately disobedient and deliberately disorderly within the meaning of 20-A MRSA §1001(9) and will be grounds for expulsion, as permitted by law, if found necessary for the peace and usefulness of the school. Such conduct may also be grounds for expulsion under other provisions of 20-A MRSA §1001(9 and 9- A) that specifically prohibit the use and possession of weapons, infractions of violence, and possession, furnishing and trafficking of scheduled drugs.
Students who are found to have brought a firearm (as defined by federal law) to school or to have possessed a firearm at a school, shall be expelled for a period of not less than one year unless this requirement is modified by the Superintendent on a case-by-case basis in writing.
All firearms violations shall be referred to law enforcement authorities as required by law. Other violations of this policy shall be referred to law enforcement authorities at the discretion of the Superintendent.
Students with disabilities shall be disciplined in accordance with applicable federal and state laws/regulations and School Committee Policy JKF.
IV. USE OF FIREARMS AND OTHER WEAPONS IN INSTRUCTIONAL ACTIVITIES
Nothing in this policy shall prevent the school system from offering instructional activities related to firearms or other objects that are generally considered weapons (e.g. bows and arrows) or from allowing a firearm or other object generally considered a weapon to be brought to school for instructional activities (e.g., archery, hunter safety) approved by the school system so long as appropriate safeguards have been adopted to ensure student and staff safety. No weapons may be used in instructional activities or brought to school for instructional activities unless the Superintendent/designee has given specific permission in advance.
V. PSYCHOLOGICAL EVALUATION/RISK ASSESSMENT
The School Committee authorizes the Superintendent to request an immediate psychological evaluation of a student who engages in conduct prohibited by this policy when, in their opinion, such an evaluation will assist in assessing the risk the student poses to school safety if the student were to remain in school.
The Superintendent is also authorized to request psychological evaluations of students who have been identified as posing a substantial risk of violent behavior.
All such evaluations shall be performed at the school unit’s expense.
If the parent/guardian and/or student refuses to permit a requested psychological evaluation, the Superintendent and the School Committee may draw any reasonable inferences from the student’s behavior concerning the risk the student poses to school safety for purposes of determining appropriate action.
Legal References: 5 MRSA §4681 et seq.
15 MRSA §§3301-A; 3308(7)(3); 3009
17-A MRSA §§2(9); 2(12-A)
20 USCA §7151 (Gun-Free Schools Act 1990)
20 USC §7961 (Gun-Free Schools Act)
20-A MRSA §§1001(9); 1001(9-A); 1055(11); 6552
Cross References: ACAA – Harassment and Sexual Harassment of Students
ADC – Use and Possession of Tobacco and Electronic Smoking Devices
EBCA – Comprehensive Health and Safety and Emergncy Management Plan
JICH – Drug and Alcohol Use by Students
JK – Student Discipline
JKD – Suspension of Students
JKE – Expulsion of Students
JKF – Suspension/Expulsion of Students with Disabilities
JIH – Questioning and Searches of Students
KLG – Relations with Law Enforcement Authorities
Adopted: June 7, 2000
Revised: March 24, 2003
Revised: January 26, 2004
Revised: September 26, 2011
Reviewed: September 24, 2012
Revised: June 5, 2023