§ 1166 - Possession of a firearm at school
§ 1166. Possession of a firearm at school
(a) In this section, the terms "to school" and "firearm" shall have the same meaning that the terms have in the 18 U.S.C. § 921. However, the school board may expand the definitions provided they remain consistent with federal law.
(b) Each school board shall adopt and implement policies regarding a student who brings a firearm to or possesses a firearm at school which at a minimum shall include:
(1) A provision that any student who brings a firearm to or possesses a firearm at school shall be referred to a law enforcement agency. In addition to any other action the law enforcement agency may take, it may report the incident to the department of social and rehabilitation services.
(2) A provision that the superintendent or principal, with the approval of the school board following opportunity for a hearing, shall expel from the school for not less than one calendar year any student who brings a firearm to or possesses a firearm at school. However, the school board may modify the expulsion on a case by case basis. Modifications may be granted in circumstances such as but not limited to:
(A) The pupil is unaware that he or she has brought a firearm to or possessed a firearm at school.
(B) The pupil did not intend to use the firearm to threaten or endanger others.
(C) The pupil is disabled and the misconduct is related to the disability.
(D) The pupil does not present an ongoing threat to others and a lengthy expulsion would not serve the best interests of the pupil.
(c) Annually at a time and on a form determined by the commissioner, each superintendent shall provide the commissioner with a description of the circumstances surrounding expulsions imposed under this section, the number of students expelled and the type of firearm involved. (Added 1995, No. 35, § 5; amended 2003, No. 36, § 9.)