5131.7 – Student – Student Activities – Weapons and Dangerous Instruments

Policy – x
Regulation –
Exhibit –

Adopted – 11/6/1997
Revised – 3/6/2003
The Governing Board desires students and staff to be free from the fear and danger presented by firearms and other weapons. The Board therefore prohibits students from possessing weapons, imitation firearms, or dangerous instruments of any kind in school buildings, on school grounds or buses, or at a school-related or school-sponsored activity away from school. (EC 48900)

Under the power granted to the Board to maintain order and discipline in the schools and to protect the safety of students, staff and the public, any school employee is authorized to confiscate a weapon, dangerous instrument or imitation firearm from any person on school grounds.

Students possessing or threatening others with a weapon, dangerous instrument or imitation firearm are subject to expulsion in accordance with law, Board policy and administrative regulations. (EC 48915)

The principal or designee shall notify law enforcement authorities when any student possesses a weapon or commits any act of assault with a firearm or other weapon. (20 U.S.C. 8922, Education Code 48902, Penal Code 245, 626.9, 626.10)

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
417.2 Imitation firearms
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 or on school grounds; exception
653k Soliciting a minor to commit certain felonies
12001 Control of deadly weapons
12020-12028.5 Unlawful carrying and possession of concealed weapons
12403.7 Weapons approved for self defense
12220 Unauthorized possession of a machinegun
12401 Tear gas
12402 Tear gas weapon
12403.7 Weapons approved for self defense
12403.8 Minors 16 or over; tear gas and tear gas weapons
UNITED STATES CODE, TITLE 20
6301-8962 Improving America’s Schools Act, especially:
8921-8922 Gun-Free Schools Act of 1994

Management Resources:
CDE COMMUNICATIONS
0401.01 Protecting Student Identification in Reporting Injurious Objects
WEB SITES
CDE, Safe Schools and Violence Prevention Office: http://www.cde.ca.gov/ spbranch/safety/safetyhome
CSBA: http://www.csba.org
CSBA Date – 2/96

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