Policy - JICIA
POLICY: JICIA
EFFECTIVE DATE: 6/1/16
CANCELS SHEET DATED: 12/3/03
REVIEWED BY POLICY COMMITTEE: 4/13/16
WEAPONS, VIOLENCE, AND SCHOOL SAFETY
The RSU #74 Board believes that students and staff are entitled to learn and work in a school environment free of violence, threats, and disruptive behavior. Students are expected to conduct themselves with respect for others and in accordance with RSU #74 Board policies, school rules, reasonable unwritten behavior expectations, and applicable state and federal laws.
School staff are required to immediately report incidents of prohibited conduct by students to the building administrator for investigation and appropriate action.
PROHIBITED CONDUCT
Students are prohibited from engaging in the following conduct on school property, while in attendance at school or at any school-sponsored activity, or at any time or place that such conduct directly interferes with the operations, discipline or general welfare of the school:
A.) Possession and/or use of articles commonly used or designed to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person. Examples of such articles include but are not limited to firearms, BB guns, pellet guns, any other kind of gun, ammunition, explosives, cross-bows, brass knuckles, switchblades, knives, chains, clubs, Kung Fu stars, and nunchucks;
B.) Use of any object, although not necessarily designed to be a weapon, to inflict bodily harm and/or to threaten intimidate, coerce or harass another person. Examples of such articles include but are not limited to bats, belts, picks, pencils, compasses, objects capable of ignition (e.g., matches, lighters), files, tools of any sort, and replicas of weapons (including toys);
C.) Violent or threatening behavior, including but not limited to fighting, assault and/or battery, taking hostages, threats to commit violence against persons or property (e.g., verbal or written death threats, threats of bodily harm, bomb threats);
D.) Verbal or written statements (including those made on or through a computer) which threaten, intimidate or harass others, which tend to incite violence and/or disrupt the school program;
E.) Willful and malicious damage to school or personal property;
F.) Stealing or attempting to steal school or personal property;
G.) Lewd, indecent or obscene acts or expressions of any kind;
H.) Violations of RSU #74’s drug, alcohol, and tobacco policies;
I.) Violations of state or federal law; and
J.) Any other conduct that may be harmful to persons or property.
EXCEPTIONS TO PROHIBITIONS ON POSSESSION AND DISCHARGE OF FIREARMS
ON SCHOOL PROPERTY
The prohibition on the possession and discharge of firearms on school property does not apply to law enforcement officials acting in the performance of their duties.
DISCIPLINARY ACTION
Principals may suspend and/or recommend expulsion of students who violate this policy based upon the facts of each case and in accordance with applicable state and federal laws. Conduct which violates this policy is deliberately disobedient and deliberately disorderly within the meaning of 20-A MRSA §1001(9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school. Such conduct may also be grounds for expulsion under other provisions of 20-A MRSA §1001(9 and 9-A) that specifically prohibit the use and possession of weapons, infractions of violence, and possession, furnishing, and trafficking of scheduled drugs.
Students who are found to have brought a firearm to school (as defined by federal law), shall be expelled for a period of not less than one (1) year, unless this requirement is modified by the Superintendent on a case-by-case basis.
All firearms violations shall be referred to law enforcement authorities as required by law. Other violations of this policy shall be referred to law enforcement authorities at the discretion of the Superintendent.
Students with disabilities shall be disciplined in accordance with applicable federal and state laws/regulations and Board Policy JKF.
The RSU #74 Board authorizes the Superintendent to request an immediate psychological evaluation of a student who violates this policy when, in his/her opinion, such an evaluation will assist in assessing the risk the student poses to school safety if the student were to remain in school.
The Superintendent is also authorized to request psychological evaluations of students who have been identified as posing a substantial risk of violent behavior.
All such evaluations shall be performed at the expense of RSU #74.
If the parents/guardians and/or student refuse to permit a requested psychological evaluation, the Superintendent and the RSU #74 Board may draw any reasonable inferences from the student’s behavior concerning the risk the student poses to school safety for purposes of determining appropriate action.
Legal Reference: 20 USCA §8921 (Gun-Free Schools Act of 1994)
5 MRSA §4681 et seq.
17-A MRSA §§2(9); 2(12-A)
20-A MRSA §§1001(9); 1001(9-A); 6552
Cross Reference: ACAA - Harassment and Sexual Harassment of Students
ADC - Tobacco Use and Possession
EBCA - Crisis Response Plan
JICH - Drug and Alcohol Use by Students
JK - Student Discipline
JKD - Suspension of Students
JKE - Expulsion of Students
JKF - Suspension/Expulsion of Students with Disabilities
JIH - Questioning and Search of Students