WEAPONS AND DANGEROUS INSTRUMENTS, DEVICES
AND MATERIALS
The Constitution of the
State of California and the Board of Education recognize that
students and staff have the right to a safe and secure school environment in
which to learn and work. To that end, it is the policy of the Board of
Education that no person shall possess, carry or transport any weapon or
dangerous instrument, device or material either on his/her person or in any
vehicle under his/her control while on the premises of any district building;
on grounds operated by the district; in any vehicle operated by the district;
or on any premises, public or private, where school-sponsored or
school-related activities are being held and one or more students or staff are
present. The sole exceptions to these prohibitions are: 1) duly sworn peace
officers whose certification and conditions of employment permit possession of
weapons on school campuses, and 2) those persons who have been granted prior
authorization, in writing, by the superintendent or designee to possess weapons
or dangerous instruments, devices or materials. In cases where written
permission to possess a weapon or dangerous instrument, device or material is
granted, the permit shall indicate the specific weapon(s) or dangerous
instrument(s), device(s) or material(s) authorized, the conditions for
possession, the purpose for issuing the permit, and the duration for which the
permit shall be valid. All permits for possession of weapons or dangerous
instruments, devices or materials shall be approved by the superintendent or
designee with the consent and knowledge of those primary site administrator(s)
whose responsibilities may be affected by the granting of the permit.
Prohibited weapons
and dangerous instruments, devices and materials shall include, but not be
limited to, the following:
- Firearms:
Pistols, revolvers, shotguns, rifles, "zip guns," or any other
instrument or device capable of propelling a projectile by explosive or
chemical means
- Gas/Air
Devices: Air pistols, air rifles, gas pistols, gas rifles, paint pistols,
paint rifles or any other instrument or device capable of propelling a
projectile by means of compressed air or gas
- Mechanical
Devices: Bows, crossbows, slingshots, blowguns or any other instrument or
device capable of propelling a projectile by mechanical means
- Cutting and
Puncturing Devices: Knives (regardless of size or type), dirks, daggers,
swords, machetes, straight razors, razor blades, skewers or any other
instrument or device that can be used for cutting or puncturing
- Explosives
and Incendiary Materials: Bombs, live munitions, commercial explosives,
blasting caps, firecrackers of all types (including
"sparklers"), "caps" (as used in cap guns and related
toys), flammable liquids, flammable gases or any other explosive or
incendiary device or material that is capable of causing injury or harm to
others, or that is capable of threatening the safety or structural
integrity of facilities used by students, staff or visitors
- Chemicals:
Tear gas, pepper spray, mace, poisons, hazardous or noxious gases, acids
or any other device or material which is capable of causing injury or harm
to others by chemical means (NOTE: Licenses for carrying mace or pepper
spray do not supersede this prohibition.)
- Martial Arts
Devices: Nunchakus, throwing stars or any other
instrument or device used in the practice of the martial arts
- Electronic
Devices: Stun guns, tasers or any other
instrument or device capable of causing injury or harm to others by
electronic means
- Other
Dangerous Instruments, Devices and Materials: Other instruments, devices
and materials which meet all of the following tests:
1)
The
instrument, device or material is capable of causing injury or harm to others
2)
The
instrument, device or material has no practical, school-related reason to be in
the person's possession either at the time when it is discovered, or in the
location where it is discovered, or both
3)
Prior
written permission to possess the instrument, device or material has not
been granted by the superintendent, principal or their designees
4)
It
reasonably appears to the superintendent, principal or their designees that the
presence of the instrument, device or material constitutes a threat to the
safety of students, staff or property
Students who are
found to be in violation of this policy shall be subject to disciplinary
action, including expulsion from the district on the first offense, in
accordance with administrative regulations and state law.
Students and
non-students who are found to be in violation of both this policy and State law
shall be subject to criminal prosecution on the first offense.
Possession, on
campuses or at school-sponsored or school-related events, of objects or devices
that simulate any weapon, instrument, device or material prohibited in this
policy shall be considered inherently disruptive to the peaceful conduct of
school business. Students who are found to be in possession of such "look
alike" objects or devices may be subject to disciplinary action, including
expulsion form the district, in accordance with administrative regulations and
State law.
Any person who comes
onto school grounds or who attends a school-sponsored or school-related
function may be subject to search of his/her person or possessions, including
vehicles, if there is a reasonable articulable
suspicion, based on reliable information, that the individual may be in
possession of a weapon or other dangerous instrument.
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Legal Reference:
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Penal Code
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Section 626.9
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Loaded
firearms on school grounds
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Cross Reference:
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Section
626.10
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Dirks,
daggers, knives, razors on school grounds
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Section 653k
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Switchblades
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Section
12020, et seq.
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Concealed
weapons, firearms
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Section
12303.2
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Explosives
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Section
12403.8
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Tear gas
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Section 12650
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Stun guns
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Education
Code
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Section 48915
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Expulsion
recommendations
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Policy adopted:
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5/23/83
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Policy revised:
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5/29/84
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Policy
revised:
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9/28/93
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