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JICIA - WEAPONS, VIOLENCE AND SCHOOL SAFETY - RULES FOR STUDENTS, STAFF AND VISITORS

  • Section J: Students

JICIA - Weapons, Violence and School Safety - Rules for Students, Staff and Visitors

The Board believes that students and staff are entitled to learn and work in a school environment free of violence, threats and other disruptive behavior. Students are expected to conduct themselves with respect for others and in accordance with Board policies, school rules, reasonable unwritten behavior expectations, and applicable state and federal laws.

School staff and volunteers are required to immediately report incidents of prohibited conduct to the building administrator for investigation and appropriate action. Students who are subjected to or observe prohibited conduct are strongly encouraged to report it to a staff member or administrator.

  1. Prohibited Conduct 

Students , staff and all other persons  are prohibited from engaging in the following conduct on school property, while in attendance at school or at any other school-sponsored activity, or at any time or place that such conduct directly interferes with the operations, discipline or general welfare of the school:

  1. Possession and/or use of articles commonly used or designed to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person. Examples of  such articles include, but are not limited to, firearms, BB guns, pellet guns, any other kind of gun, ammunition, explosives, cross-bows, brass knuckles, switchblades, knives, chains, clubs, Kung Fu stars and nunchucks;

  2. Discharge of a firearm within 500 feet of school property;

  3. Use of any object, although not necessarily designed to be a weapon, to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person. Examples of such objects include, but are not limited to, bats, belts, picks, pencils, compasses, articles capable of ignition (e.g., matches, lighters), files, tools of any sort and replicas of weapons (including toys);

  4. Violent, threatening or menacing behavior, including, but not limited to, fighting, assault and/or battery, taking hostages, threats to commit violence against persons or property (e.g., verbal or written death threats, threats of bodily harm, bomb threats), stalking, or blocking access to school property or facilities;

  5. Verbal or written statements (including those made on or through a computer or other electronic device) which (i) threaten, intimidate, or harass others, (ii) tend to incite violence and/or disrupt school programs, or (iii) constitute blackmail, extortion, or demands for money or property.

  6. Intentional damage to school or personal property;

  7. Stealing or attempting to steal school or personal property;

  8. Lewd, indecent or obscene acts or expressions of any kind;

  9. Violations of the school unit’s drug/alcohol and tobacco policies;

  10. Violations of state or federal laws; and

  11. Any other conduct that may reasonably be regarded as harmful to persons or property.

  1. Exception to Prohibition Against Possession and Use of Weapons on School Property 

    1. The prohibition on the possession and discharge of a firearm does not apply to law enforcement officials.

  2. Disciplinary Consequences for Violations by Students

A. Discretionary Consequences.  Students who violate this policy shall be subject to restorative intervention and/or disciplinary action by their school's principal, provided any such consequences are (i) based upon the facts of the case, and (ii) comply with applicable state and/or federal law.

B. Permissible Expulsion.  

(i) Conduct which violates this policy is” deliberately disobedient and deliberately disorderly” within the meaning of 20-A MRSA § 1001(9) and will be grounds for expulsion, as permitted by law, if found necessary for the peace and usefulness of the school. 

(ii) Such conduct may also be grounds for expulsion under other provisions of 20-A MRS § 1001 (9 and 9-A) that specifically prohibit the use and possession of weapons, infractions of violence, and possession, furnishing and trafficking of scheduled drugs.

(iii) Students who are found to have “brought a firearm” or to have “possessed a firearm” at a school (as both terms are defined by federal law), shall be expelled for a period of not less than one year, unless this requirement is modified by the Superintendent on a case-by-case basis in writing.

C. Referment to Law Enforcement Authorities. All firearms violations shall be referred to law enforcement authorities as required by law. Other violations of this policy shall be referred to law enforcement authorities at the discretion of the Superintendent.

D. Consequences for Students with Disabilities. Students with disabilities shall be disciplined in accordance with applicable federal and state laws/regulations and Board Policy JKF.
 

  1. Consequences for Violations by Staff and Visitors

Staff and visitors who violate this policy shall be subject to (i.) legal consequences outlined in applicable state and federal laws or (ii.) if the violation is not subject to state or federal law, consequences established on a case by case basis by the Superintendent or Assistant Superintendent. The administration shall report any such violations of state or federal law to appropriate authorities. 
 

  1. Psychological Evaluation/Risk Assessment

The Superintendent is authorized to request a psychological evaluation of a student who violates this policy when, in their opinion, such an evaluation will assist in assessing the risk the student poses to school safety if the student were to remain in school or return to school after a suspension or expulsion.

All such evaluations shall be performed at the school unit’s expense. If the parents/guardians and/or student refuse to permit a requested psychological evaluation/risk assessment, the Superintendent and the Board may draw any reasonable inferences from the student’s behavior concerning the risk the student poses to school safety for purposes of determining appropriate action. 

Legal References:

5 MRSA § 4681 et seq.
15 MRSA §§ 3301-A; 3308(7)(E); 3009
17-A MRSA §§ 2(9); 2(12-A)
20 USCA § 7151 (Gun-Free Schools Act)
20-A MRSA §§ 1001(9); 1001(9-A); 1055(11); 6552 

Cross References:
ACAA - Harassment and Sexual Harassment of Students
ADC - Tobacco/Electronic Smoking Device Use and Possession
EBCA - Comprehensive Emergency Management Plan
GBEB - Ethical and Responsible Behavior
GBGB - Workplace Bullying
JICH - Substance Use Policy
JIC - Student Code of Conduct
JKD - Suspension of Students
JKE - Expulsion of Students
JKAA - Use of Physical Restraint
JIH - Searches of School Storage Facilities, Students, and Students’ Belongings
KLG - Relations with Law Enforcement Authorities

 Amended: 06/21/16
Amended: 2/5/24

  • Section J