Code Number: 502.9
The possession of firearms, dangerous weapons, weapons, look-a-like weapons, or the like by students on District property, in District facilities, or at school-sponsored activities is prohibited. Other conduct, items, or devices may be defined by Administrative Regulation or the Student Code of Conduct to be prohibited under this policy.
The presence of firearms, dangerous weapons, weapons, and look-alikes in District facilities causes
material and substantial disruption to the school environment and presents a threat to the health and safety of students, employees, and visitors on District premises, on property within the jurisdiction of the District, or at any school-sponsored activities.
- Any student who brings a firearm or dangerous weapon, as defined below, to school, onto District property, or to a school-sponsored activity shall be suspended immediately, recommended for expulsion from school for one year and referred to a Level IV Hearing.
- Any student who brings to school ammunition, mace or similar items, or a look-a-like weapon or a weapon such as a BB gun, air pistol, or the like which is not a “firearm” or “dangerous weapon,” shall be subject to discipline at the discretion of the administrator in accordance with the K-12 Student Code of Conduct.
- The principal shall immediately notify parents of any action taken and, if a dangerous weapon or firearm is involved shall promptly refer the matter to the appropriate law enforcement or juvenile authorities.
- The Superintendent or the Superintendent’s designee may consider modification of an expulsion penalty on a case-by-case basis. Any such modification shall be documented in writing. If the Superintendent affirms an expulsion or long-term suspension recommendation, the matter will be heard by Board of Directors at a Level V hearing for a final determination.
- This policy will be administered in a manner consistent with the Individuals with Disabilities Education Act when disciplining a special education student (see AR 502.9).
Definitions: The term “firearm ” is defined in Section 921 of Title 18 of the United States Code, and generally means (a) 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; (b) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer; or (d) any destructive device. The term “firearm” also includes but is not limited to, shotguns, short-barreled shotguns, rifles, and short-barreled rifles.
The term “dangerous weapon” as defined by Iowa Code Section 702.7 is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death upon a human being when used in the manner for which it was designed. Additionally, any instrument or device of any sort whatsoever which is actually used in such a manner as to show an intention to inflict death or serious injury upon another, and which, when so used, is capable of inflicting death upon a human being, is a dangerous weapon. Dangerous weapons include, but are not limited to, any offensive weapon, pistol, revolver, or other firearms, dagger, razor, stiletto, switchblade knife, knife having a blade exceeding five inches in length, or any portable device or weapon directing an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person.
A “dangerous weapon” for purposes of students receiving special education services in accordance with the Individuals with Disabilities Education Act, is defined under Section 930 (g)(2) of Title 18 of the United States Code as 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 two and one-half inches in length.
The term “look-a-like” weapon includes any item which resembles or appears to be a weapon, including, but not limited to, squirt guns, water rifles or pistols, toy guns, and toy grenades, as defined in the District’s K-12 Student Code of Conduct.
- First Adoption:
- 1995-09-12
- Revision Adoption:
- April 10, 2001/ November 23, 2004/ January 11, 2010/ May 10, 2010/ January 26, 2015/ March 13, 2017
- Legal Reference:
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20 U.S.C. § 7961
18 U.S.C. 921 (a)(3)
18 U.S.C. 930 (g)(2)
34 CFR 300.530
McClain v. Lafayette County Bd. of Education, 673 F.2d 106 (5th Cir. 1982).
Magyar By and Through Magyar v. Tucson Unified School District, 958 F. Supp. 1423 (D. Ariz. 1997)
Iowa Code Chapter 279.8; 280.17A, 280.17B, 280.21B, 702.7, 724
Iowa Administrative Code 281-12.3(6), 281-41.530