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District Policies

Viewing Policy: BP 5131.7 – Weapons and Dangerous Instruments



BP 5131.7

Students

Weapons And Dangerous Instruments

 

The San Benito County Office of Education (SBCOE) recognizes that students and staff have the right to a safe and secure campus free from physical and psychological harm and desires to protect them from the dangers presented by firearms and other weapons.

 

Possession of Weapons

 

The SBCOE prohibits any student from possessing weapons, imitation firearms, or other dangerous instruments, as defined in law and administrative regulation, in school buildings, on school grounds or buses, at school-related or school-sponsored activities away from school, or while going to or coming from school.

 

Under the power granted to the SBCOE to protect the safety of students, staff, and others on SBCOE property and to maintain order and discipline in the schools, any school employee is authorized to confiscate any prohibited weapon, imitation firearm, or dangerous instrument from any student on school grounds.

 

A student possessing or threatening others with any weapon, dangerous instrument, or imitation firearm shall be subject to suspension and/or expulsion in accordance with law, SBCOE policy, and administrative regulations.

 

The principal or designee shall notify law enforcement authorities when any student possesses a firearm, explosive, or other prohibited weapon or dangerous instrument without permission, sells or furnishes a firearm, or commits any act of assault with a firearm or other weapon.  (Education Code 48902; Penal Code 245, 626.9, 626.10; 20 USC 7151)

 

Possession of Pepper Spray

 

To prevent potential misuse that may harm students or staff, students are prohibited from carrying tear gas or tear gas weapons such as pepper spray on campus or at school activities.

 

Reporting of Dangerous Objects

 

The SBCOE encourages students to promptly report the presence of weapons, injurious objects, or other suspicious activity to school authorities.  The identity of a student who reports such activity shall remain confidential to the extent permitted by law.

 

The Superintendent or designee shall develop strategies designed to facilitate student reporting of the presence of injurious objects on school grounds, such as tip hotlines, electronic transmissions, or other methods that preserve the student’s anonymity.  Incident reports and records shall not identify the student who reported the possession.  The Superintendent or designee also shall inform staff, students, and parents/guardians that students who report the presence of injurious objects on school campuses are to be protected and their identity shielded.

 

 

Legal Reference:

EDUCATION CODE

35291  Governing board to prescribe rules for discipline of the schools

48900  Grounds for suspension/expulsion

48902  Notification of law enforcement authorities

48915  Required recommendation for expulsions

48916  Readmission

49330-49335  Injurious objects

PENAL CODE

245  Assault with deadly weapon

417.4  Imitation firearm; drawing or exhibiting

626.9  Gun-Free School Zone Act of 1995

626.10  Dirks, daggers, knives, razor or stun gun; bringing or possessing in school

653k  Switchblade knife

16100-17350  Definitions

22810-23025  Tear gas weapon (pepper spray)

25200-25225  Firearms, access to children

30310  Prohibition against ammunition on school grounds

UNITED STATES CODE, TITLE 20

6301-7941  No Child Left Behind Act, especially:

7151  Gun-Free Schools Act

 

Policy Adopted: 5-10-18