Updated: Apr 9, 2020
NEPN/NSBA Code: JICIA
WEAPONS, VIOLENCE AND SCHOOL SAFETY
The Board of Directors believes that students and staff are entitled to learn and work in a school environment free of violence, threats and 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 are required to immediately report incidents of prohibited conduct by students to the building administrator for investigation and appropriate action.
Students are prohibited from engaging in the following conduct on school property, while in attendance at school or at any school-sponsored activity, or at any time or place that such conduct directly interferes with the operations, discipline or general welfare of the school:
A. 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 numchucks;
B. 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 articles include but are not limited to bats, belts, picks, pencils, compasses, objects capable of ignition (e.g., matches, lighters), files, tools of any sort and replicas of weapons (including toys);
C. Possession and/or use of any object which, although not necessarily designed to be a weapon, has the potential to cause bodily injury or damage to property. Examples of such materials include but are not limited to: firecrackers, hazardous chemicals, etc.;
D. Violent or threatening 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);
E. Verbal or written statements (including those made on or through a computer) which threaten, intimidate, or harass others, which tend to incite violence and/or disrupt the school program;
F. Willful and malicious damage to school or personal property;
G. Stealing or attempting to steal school or personal property;
H. Lewd, indecent or obscene acts or expressions of any kind;
I. Violations of the school unit’s drug/alcohol and tobacco policies;
J. Violations of state or federal laws; and
K. Any other conduct that may be harmful to persons or property.
Principals may suspend and/or recommend expulsion of students who violate this policy based upon the facts of each case and in accordance with applicable state and federal laws. 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 if found necessary for the peace and usefulness of the school. Such conduct may also be grounds for expulsion under other provisions of 20-A MRSA § 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.
Students who are found to have brought a firearm to school (as 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.
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.
Students with disabilities shall be disciplined in accordance with applicable federal and state laws/regulations and Board Policy JKF.
Theft of school property will result in the payment of restitution for the value of the property.
Psychological Evaluation Risk/Assessment
The Board authorizes the Superintendent to request a psychological evaluation of a student who engages in conduct prohibited by this policy when, in his/her opinion, such an evaluation will assist in assessing the risk the student poses to school safety if the student were to remain in school. The Superintendent is also authorized to request psychological evaluations of students who have been identified as posing a substantial risk of violent behavior. All such evaluations shall be performed at the school unit's expense.
If the parent/guardian and/or student refuse to permit a requested psychological evaluation, 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: 20-USC Sect. 7151
20-A MRSA §§ 1001(9); 1001(9-A); 6552
17-A MRSA §§ 2(9); 2(12-A)
5 - MRSA § 4681
Cross References: ACAA – Harassment and Sexual Harassment of Students
ADC - Tobacco Use and Possession
EBCA - Crisis Response Plan
JICH - Drug and Alcohol Use by Students
JK - Student Discipline
JKD - Suspension of Students
JKE - Expulsion of Students
JKF - Suspension/Expulsion of Students with Disabilities
JIH – Questioning and Searches of Students
KLG - Relations with Law Enforcement Authorities
Adopted: May 24, 2001
Revised: August 22, 2001
Revised: September 22, 2005
Revised: March 11, 2010