SUBJECT:  WEAPONS IN SCHOOL  (#7360)

            No student shall have in his/her possession upon school premises any weapon, including any rifle, shotgun, pistol, revolver, other firearm, knives, dangerous chemicals, explosives, or any object which could be used as a weapon.  A weapon is defined as any firearm, any explosive device, or any other instrument capable of inflicting bodily harm.  A firearm shall be defined as any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of such weapon, any firearm muffler or silencer.

            After a hearing pursuant to Education Law Section 3214, the Board shall require the automatic expulsion for not less than one year of any student who has been determined to have brought a weapon to school.  The Board shall authorize the Superintendent of Schools to modify this suspension, pursuant to his/her judgement, on a case-by-case basis.  The Board shall provide the suspended student with appropriate alternate instruction during the period of his/her suspension.

*Weapon is further defined in the District Code of Conduct (6/21/01).  "Weapon" means a firearm as defined in 18 USC 921 for purposes of the Gun-Free Schools Act.  It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death.

Students With Disabilities

            Pursuant to relevant case law, for students who are classified as disabled, a suspension for more than ten days constitutes a change in placement.  If a student with a disability violates this policy by bringing a weapon to school, the Board shall adhere to the hearing requirements of the Education Law and, pursuant to the Commissioner's Regulations, refer the student back to the Committee on Special Education (CSE) for a change in placement.