Spearfish School District 40-2
DANGEROUS WEAPONS IN THE SCHOOL
STAFF AND STUDENTS
Federal Gun-Free Schools Act (GFSA) requires that each state receiving federal funds have in effect a state law requiring local education agencies to expel from school for not less than one (1) year a student who is determined to have brought a weapon to school, and have in effect a state law allowing the local education agency’s chief administrating officer to modify the expulsion requirement on a case-by-case basis. (SDCL 13-32-4, 13-32-4.2, 13-32-7, 21-1-2).
Board policy forbids the bringing of dangerous and/or illegal weapons on school property or to school-related activities. Dangerous weapons shall be taken from pupils and shall be reported to the pupil's parents. Confiscation of weapons will also be reported to the police. Appropriate disciplinary and legal action shall be pursued by the building principal.
A "dangerous weapon" /or "deadly weapon" is defined as any firearm (pellet gun, air gun ((including BB gun)), look-alike facsimile or homemade guns), knife (including pocket knives), device, instrument, material, or substance, whether animate or inanimate, which is calculated and designed to inflict death or serious bodily harm or in the manner by which it is used is likely to inflict death or serious bodily harm.
Any person who carries, has possession of, stores, keeps, leaves, places or puts into the possession of another person, any dangerous weapon, on or in school premises, vehicle or building used or leased for school functions, whether or not any person is endangered by such actions, shall be in violation of this policy. This would exempt law enforcement officers, employees or students who utilize an instrument, i.e. knife, scissors, staple, etc., for educational use or for maintenance purposes. This section does not apply to authorized weapons in use at school related events
Violation of this policy will, except as modified herein, result in the mandatory disciplinary sanction of expulsion from school for a period of not less than one year of any student who is determined to have violated this policy. The expulsion requirement may be modified by the superintendent on a case-by-case basis.
Expulsion means removal from the regular school district at the location where the violation occurred. All expulsion recommendations will be taken to the school board for action.
Disciplinary Sanctions and Implementation Procedures
1. The building administration will notify the parent/s or guardian/s of the violation and the
administrative disciplinary action taken.
2. The building administration will notify the law enforcement agency.
3. The administration will follow Board Policy 5210 Suspension and Expulsion to notify the parent/s or guardian/s of the violation, the student’s due process rights, the one-year expulsion requirement and case-by-case exception procedure set forth in the policy.
1. Staff who violate this policy shall be subject to personal discipline procedures, up to and including dismissal.
Approved May 8, 1995
Revised December 14, 1998
Revised April 26, 1999
Revised December 11, 2000
Revised December 11, 2006
Revised April 14, 2008