7000 - Students
7360 WEAPONS IN SCHOOL AND THE GUN-FREE SCHOOLS ACT
SUBJECT: WEAPONS IN SCHOOL AND THE GUN-FREE SCHOOLS ACT
No student may bring in or possess any "firearm" or "weapon" on school property, on a school bus, other school-related transportation or District vehicle, in school buildings, or at school sponsored activities or in settings under the control or supervision of the District regardless of location. Any student who has been found guilty of bringing in or possessing a firearm or weapon in violation of this policy will be disciplined in a manner consistent with State and Federal law and the District's Code of Conduct. Such discipline may include a mandatory suspension for a period of not less than one (1) calendar year for a student who is determined to have violated the Federal Gun-Free Schools Act and its implementing provisions in the New York State Education Law, provided that the Superintendent may modify the suspension requirement on a case-by-case basis.
Factors that may be considered include but are not limited to:
- The age of the student;
- The student’s grade in school;
- The student’s prior disciplinary record;
- The Superintendent’s belief that other forms of discipline may be more effective;
- Input from parents, teachers, and/or others; and
- Other extenuating circumstances.
Students who have brought a "weapon" or "firearm" to school will be referred by the Superintendent to either a presentment agency (the agency or authority responsible for presenting a juvenile delinquency proceeding) or to appropriate law enforcement officials. Such referrals will be made as follows: a student who is under the age of sixteen (16) and who is not a fourteen (14) or fifteen (15) year-old who qualifies for juvenile offender status under the Criminal Procedure Law will be referred to a presentment agency for juvenile delinquency proceedings; a student who is sixteen (16) years old or older, or who is fourteen (14) or fifteen (15) and qualifies for juvenile offender status, will be referred to the appropriate law enforcement authorities.
For the purposes of this policy, the term "weapon" will be as defined in 18 USC 930(g)(2).
For the purposes of this policy, the term "firearm" will be as defined in 18 USC 921(a).
Students with disabilities continue to be entitled to all rights enumerated in the Individuals with Disabilities Act and Education Law Article 89. This policy shall not be deemed to authorize suspension of students with disabilities in violation of those authorities.
This policy does not diminish the authority of the Board of Education to offer courses in instruction in the safe use of firearms pursuant to Education Law Section 809-a.
- Gun-Free Schools Act as reauthorized by the No Child Left Behind Act of 2001
- 18 USC Sections 921(a) and 930
- Criminal Procedure Law Section 1.20(42)
- Education Law Sections 809-a and 3214
Refer also to Policies:
- #3411 - Unlawful Possession of a Weapon Upon School Grounds
- #7313 - Suspension of Students
- District Code of Conduct