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San Bruno Park ESD |  BP  5131.7  Students

Weapons And Dangerous Instruments   

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The Governing Board desires students and staff to be free from the fear and danger presented by firearms and other weapons. The Board therefore prohibits any person other than authorized law enforcement or security personnel from possessing weapons, imitation firearms, or dangerous instruments of any kind in school buildings, on school grounds or buses, or at a school-related or school-sponsored activity away from school.

(cf. 3515.3 - District Police/Security Department)

Possession of Weapons

Under the power granted to the Board to maintain order and discipline in the schools and to protect the safety of students, staff and the public, any school employee is authorized to confiscate a weapon, dangerous instrument or imitation firearm from any person on school grounds.

(cf. 0450 - Comprehensive Safety Plan)

(cf. 4158/4258/4358 - Employee Security)

Students possessing or threatening others with a weapon, dangerous instrument or imitation firearm are subject to suspension and/or expulsion in accordance with law, Board policy and administrative regulations.

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Individuals with Disabilities))

Note: Pursuant to 20 USC 7151, any district receiving federal funds under the No Child Left Behind Act is mandated to have a policy requiring that any student who brings a firearm to school be referred to the criminal justice or juvenile delinquency system. This mandate reinforces Education Code 48902, which requires the principal or designee to notify law enforcement authorities of violations of Penal Code 245, 626.9 and 626.10. Education Code 48902 states that willful failure to make this report is punishable by a fine.

The principal or designee shall notify law enforcement authorities when any student possesses a weapon or commits any act of assault with a firearm or other weapon. (20 USC 7151; Education Code 48902; Penal Code 245, 626.9, 626.10)

Reporting of Injurious Objects

Note: Education Code 49335, as added by AB 800 (Ch. 265, Statutes of 2000), required that the California Department of Education develop a system, for use by districts, to shield the identity of and provide protection to students who report the presence of "injurious objects" on school grounds. Pursuant to Education Code 49330, an "injurious object" is capable of inflicting substantial bodily damage as defined in Penal Code 653k, 12001, 12020, 12220, 12401 and 12402. These weapons include, but are not limited to, firearms, knives, tear gas, metal knuckles and explosives.

The "system" developed by the CDE pursuant to AB 800 is a directive for districts to review their policies to ensure that district policy has been adopted, or will soon be adopted, which implements the student reporting protections intended by this legislation. The CDE emphasizes that all staff, students and parents/guardians should be informed of the requirement that students who report the presence of injurious objects on school campuses are to be protected and their identity shielded.

The Superintendent or designee shall develop strategies designed to facilitate student reporting of the presence of injurious objects on school grounds, such as tip hotlines, electronic transmissions, or other methods that preserve the student's anonymity. Incident reports and records shall not identify the student who reported the possession. The strategy shall also include means of informing staff, students and parents/guardians that students who report the presence of injurious objects on school campuses are to be protected and their identity shielded.

(cf. 5138 - Conflict Resolution/Peer Mediation)

Legal Reference:

EDUCATION CODE

35291 Governing board to prescribe rules for discipline of the schools

48900 Grounds for suspension/expulsion

48902 Notification of law enforcement authorities

48915 Required recommendation for expulsions

48916 Readmission

49330-49335 Injurious objects

PENAL CODE

245 Assault with deadly weapon

417.2 Imitation firearms

417.4 Imitation firearm; drawing or exhibiting

626.9 Gun-Free School Zone Act of 1995

626.10 Dirks, daggers, knives, razor or stun gun; bringing or possessing in school or on school grounds; exception

653k Soliciting a minor to commit certain felonies

12001 Control of deadly weapons

12020-12028.5 Unlawful carrying and possession of concealed weapons

12403.7 Weapons approved for self defense

12220 Unauthorized possession of a machinegun

12401 Tear gas

12402 Tear gas weapon

12403.7 Weapons approved for self defense

12403.8 Minors 16 or over; tear gas and tear gas weapons

UNITED STATES CODE, TITLE 20

6301-7941 No Child Left Behind Act; especially:

7151 Gun-Free Schools Act

Management Resources:

CDE COMMUNICATIONS

0401.01 Protecting Student Identification in Reporting Injurious Objects

WEB SITES

CDE, Safe Schools and Violence Prevention Office: http://www.cde.ca.gov/ spbranch/safety/safetyhome

CSBA: http://www.csba.org

Policy SAN BRUNO PARK SCHOOL DISTRICT

adopted: February 11, 2004 San Bruno, California