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Tamalpais Union HSD |  BP  5131.7  Students

Weapons And Dangerous Instruments   

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The Governing Board desires students at school to be free from the fear and danger presented by firearms and other weapons. The Board therefore prohibits students from possessing weapons, replicas of weapons, or dangerous instruments of any kind in school buildings, on school grounds or buses, or at any school-related or school-sponsored activity away from school.

Any school employee may confiscate any weapon, dangerous instrument or replica from any person on school grounds 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.

(cf. 3514 - Safety)

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

Students possessing, exhibiting or threatening others with a weapon are subject to suspension and expulsion in accordance with law.

Students also may be suspended if they threaten others or disrupt school activities by exhibiting a replica of a weapon.

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

The Board recognizes that students 16 or older may become certified to carry tear gas or tear gas weapons such as pepper spray for the purpose of self-defense. Such students shall be subject to suspension and/or expulsion, however, if they cause injury by improperly using such items at school or school activities for any purpose other than self-defense.

Zero Tolerance

State law requires the Superintendent or designee to immediately suspend and recommend for expulsion any student who brings a firearm to school and requires the Board to expel or refer the student to an alternative education program, whenever the principal or Superintendent and the Board confirm that the student was in knowing possession of a firearm and possession of the firearm was verified by a school employee. Unless the particular circumstances of a case indicate that expulsion is inappropriate, the district shall take similar action when students knowingly bring any other weapons to school or participate in any fighting that inflicts serious bodily injury on another person. In addition to a suspension and possible expulsion, these students shall be reported to law enforcement authorities for prosecution of Penal Code violations.

Legal Reference:

EDUCATION CODE

35291 Governing board to prescribe rules for the government and discipline of the schools

48900 Grounds for suspension/expulsion

48902 Notification of law enforcement authorities

48915 Required recommendation for expulsions

49330 Injurious object

49331 Removal from possession of pupil by designated employee

49332 Notification of parent or guardian; retention of object by school personnel; release

49333 Return of object

49334 Injurious objects: notification to law enforcement

PENAL CODE

245 Assault with deadly weapon

417.4 Imitation firearm; drawing or exhibiting

626.9 Firearms; bringing or possessing in school or on school grounds; exceptions

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

12020-12028.5 Unlawful carrying and possession of concealed weapons

12403.7 Weapons approved for self defense

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

12555 Imitation firearms

Regulation TAMALPAIS UNION HIGH SCHOOL DISTRICT

approved: February 9, 1993 Larkspur, California

Revised: May 24, 1994