Student Weapons and Dangerous Items Violations: JICI

1.0 Application and Scope

Carrying, bringing, using or possessing a dangerous weapon or dangerous item as defined in this policy is prohibited. This restriction is applicable on district property, when being transported in vehicles dispatched by the district or one of its schools, during a school- sponsored or district-sponsored activity or event. The restriction may also be applicable off school property when the conduct has a reasonable connection to school. Potential exceptions are identified in the policy.

2.0 Definitions

• 2.1 Dangerous Weapon - Firearm
  • 2.1.1 Any weapon, including a starter gun, which will or is designed to or may be readily converted to expel a projectile by the action of an explosive, including the frame or receiver of such weapon and/or a firearm muffler or silencer.
• 2.2. Dangerous Weapons - Other
  • 2.2.1 Firearm Facsimile. Any device which could reasonably be mistaken for an actual firearm, including but not limited to any pellet, BB gun or other device, whether operational or not, designed to propel projectiles by spring action or compressed air.
  • 2.2.2 A knife with a blade that measures longer than three inches in length.
  • 2.2.3 Any object, device, instrument, material, or substance, whether animate or inanimate, used or intended to be used to inflict death or serious bodily injury including, but not limited to slingshot, bludgeon, brass knuckles or artificial knuckles of any kind.
  • 2.2.4 Any explosive, incendiary, or poison gas, including but not limited to a bomb, grenade, a rocket having a propellant charge of more than four (4) ounces, a missile having an explosive or incendiary charge of more than one-quarter ounce, a mine or similar device.
• 2.3 Dangerous Items
  • 2.3.1 Any knife, regardless of blade length, or instruments with sharpened blades or edges that might easily be used as a weapon, or any other substance or object, regardless of the intended purpose, used in a manner that may render the item dangerous to the user or others. Exceptions include scissors or other instruments necessary for and/or provided for use in class or school activities under staff supervision.
  • 2.3.2 Bullets (used or unused), fireworks, smoke or stink bombs or any pyrotechnic device that may disrupt the educational environment or endanger others.
  • 2.3.3 Projectiles, including darts, "BB's" or pellets (metal or plastic) or similar objects.
  • 2.3.4 Substances or items, regardless of their intended purposes), used in a manner that renders them dangerous or may render them dangerous to the user or others.

3.0 Offenses with Mandatory Consequences

• 3.1, Extended Suspension and Expulsion Referral. The principal or administrative designee must suspend for 10 days and refer for expulsion a student who brings or possesses a firearm at school or in locations described in this policy without prior authorization.
  • 3.1.1 An expulsion of one (1) year is mandatory for any student who brings a firearm to school. Exceptions may be considered by the superintendent on a case-by-case basis as permitted by law.
  • 3.1.2 Unless expulsion is otherwise required by federal law, a student may, but is not required to be expelled if as soon as possible upon discovering that he or she is in possession of a firearm, the student notifies school officials and ensures safe transfer of the firearm to officials.
• 3.2 Suspension. The principal or administrative designee must suspend for a minimum of five (5) days, extendable to 10 days depending on the circumstances, and may refer for expulsion a student who brings or possesses a dangerous weapon, other than a firearm, at school or in locations described in this policy without authorization.

4.0 Offenses with Discretionary Consequences

• 4.1 The principal or administrative designee may suspend for up to five (5) days, extendable to 10 days depending on the circumstances, and may refer for expulsion a student who brings or possesses a dangerous item as described in this policy.

5.0 Considerations

• 5.1 A student may seek prior authorization from the building principal to carry, bring, use or possess a firearm facsimile that could reasonably be mistaken for an actual firearm on school property for purposes of a school-related or non-school related activity. A student's failure to obtain such prior authorization is a violation of this policy provision and may result in disciplinary action, including but not limited to suspension and/or expulsion.
• 5.2 Additional factors which may be considered in determining consequences or interventions for violations of this policy are identified in Policy JKD - Due Process.

6.0 Referral to Law Enforcement School personnel shall refer any student who brings a fircarm or dangerous weapon to school without authorization of the school or the school district to law enforcement.

NOTE: As a condition of receiving federal funds the school district is required to expel for one calendar year students who bring firearms to school. The district is required to include a description of the circumstances surrounding these expulsions, the name of the school concerned, the number of students expelled and the types of weapons. A case-by-case exception to the one-year expulsion requirement must be in writing and may include students with disabilities in order to meet requirements of federal law concerning students with disabilities. It is important to note that federal law requires that educational services must continue for students with disabilities who are properly expelled, although such services may be provided in another setting.

Adopted July 13, 1976
Revised June 12, 1990
Revised  March 12, 1996
Revised June 24, 1997
Revised June 24, 2003
Revised June 2009
Revised  March 2010
Revised May 2010
Revised February 11, 2014
Revised July 19,2016

Legal Refs: 18 U.S.C. §921 (a)(3)
20 u.s.c. §7151
C.R.S. 22-32-109.1 (2)(a)(VII)
C.R.S. 22-33-106 (1)(d), (t)

Cross Refs: JK- Code of Conduct
JKD -Due Process
KFA, Public Conduct on School Property