LAUREL SPRINGS SCHOOL DISTRICT
Weapons and Dangerous Instruments Policy #5131.7
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The board of education prohibits the possession and/or use of weapons, or other instruments which can be used as weapons on school property, at any school function, or while en route to or from school or any school function.
The principal shall make the final determination that a particular object is a dangerous instrument in any case where there is a question of its possession or use posing a threat to students, staff or property.
A student found or observed on school property or at a school event in possession of a weapon or dangerous instrument shall be reported to the principal/designee immediately. The principal shall immediately inform the chief school administrator/designee who shall in turn immediately inform appropriate law enforcement officials. The chief school administrator/designee shall provide the law enforcement officials with all known information concerning the matter, including the identity of the pupil involved.
Disciplinary action shall be taken against students who possess, transmit or use weapons or dangerous instruments. As in all disciplinary cases, due process will be provided.
A violence and vandalism report shall be filed whenever a student is found to be in possession of a weapon or dangerous instrument.
Any student convicted or adjudicated delinquent for possession of a firearm or who is found to be in possession of a firearm on school property will be immediately removed from the regular education program and provided with an alternative program, pending a hearing before the Board of Education.
In addition, a student who commits assault upon members of the school community with a weapon other than a firearm shall be immediately removed from the school’s regular education program and provided with an alternative program pending a hearing before the Board of Education.
Remotely Activated Paging Devices (beepers)
The possession of remotely activated paging devices (beepers) by any student under the age of 18 is forbidden, unless prescribed by a physician. Any student over the age of 18 who wishes to bring a remotely activated paging device onto any property used for school purposes must petition the board of education in writing to show a reasonable basis for the possession of such a device.
Implementation
The board directs the chief school administrator to develop regulations to implement this policy.
First Reading: February 2008
Adopted:
Legal Reference: N.J.S.A. 2C:33-18 Remotely activated paging device; sale, lease or give to person under 18; exceptions; authorization by physician or surgeon or operator of legal commercial enterprise; violations; seizure and forfeiture
N.J.S.A. 2C:33-19 Bringing or possessing remotely activated paging device by student on property used for school purposes without express written permission of school board; disorderly persons offense.
N.J.S.A. 2C:39-5 Unlawful possession of weapons
N.J.S.A. 2C:39-6 Exemptions
N.J.S.A. 18A:6-1 Corporal punishment of pupils
N.J.S.A.18A:36-19.2 Student locker or other storage facility; inspections;
Notice to students
N.J.S.A. 18A:37-1 Submission of pupils to authority
N.J.S.A. 18A:37-2 Causes for suspension or expulsion of pupils
N.J.A.C. 6:29-10.1 Safe and drug free schools
Administrative Procedures for Removal of Pupils for Weapons Offenses
(Policy #5131.7)
Definitions
Removal: The exclusion of a pupil from the regular education program in the school to which the pupil was assigned for the purpose of being offered a thorough and efficient, free public education and assignment of the pupil to an alternative education school/program for at least one calendar year, following a proper hearing conducted by the district board of education.
Expulsion: A permanent exclusion from school which denies a pupil the right to a free, thorough and efficient public education provided by the school district in which the pupil resides, based on specific conditions and following due process procedures, including a hearing conducted by the district board of education.
Suspension: A temporary exclusion from school, following due process procedures.
PROCEDURES
Removal of Pupils from Regular Education
Any pupil who is convicted or found to be delinquent for the following offenses shall be immediately removed from the school’s regular education program for a period of not less than one calendar year and placed in an alternative education school or program pending a hearing before the district board of education to remove the pupil:
1. Possessing a firearm on any school property, on a school bus, or at a school sponsored function; or
2. Committing a crime while possessing a firearm.
(Reference: N.J.S.A. 2C:1f and 18 U.S.C. 921)
Any pupil who assaults a pupil, teacher, administrator, board member, or other school district employee with a weapon other than a firearm on school property, on a school bus, or at a school sponsored function must be immediately removed from the school’s regular education program and placed in an alternative education school or program, pending a hearing before the district board of education.
(Reference: N.J.S.A. 2C:12-1a(1) and N.J.S.A. 2C:39-1(r)
The principal is responsible for the removal of any pupil for a weapons offense and must immediately report the removal to the chief school administrator. The principal must also notify the appropriate law enforcement agency of the possible violation of the code of criminal justice.
Procedures (pg. 2)
If placement in an approved alternative education school or program is not available, the pupil must be provided home instruction or instruction in other suitable facilities or programs until the alternative education placement is available.
In addition to placement in an approved alternative school or home instruction, the district board of education may consider other appropriate alternative education programs, such as individualized program plans developed in accordance with the graduation requirement standards set forth in N.J.A.C. 6:8-7.1(d)ii.
Any pupil removed for a weapons offense is entitled to a hearing before the board of education to determine if the pupil is guilty of committing the offense.
1. The hearing shall take place no longer than 90 calendar days following the day the pupil is removed from the regular education program. The hearing is not subject of the provisions of the Open Public Meetings Act, P.L. 1975, c231 (C.10:4-6 et seq.).
2. The decision of the board must be made within five (5) days after the close of the hearing. Any appeal of the board’s decision must be made to the Commissioner of Education within 90 calendar days of the board’s decision.
3. If it is found that the pupil is not guilty of these offenses, the pupil must be immediately returned to the regular education program.
4. The chief school administrator may modify the decision to remove a pupil on a case-by-case basis.
Return of Pupils to Regular Education
The chief school administrator determines whether the pupil is prepared to return to the regular education program or whether the pupil remains in the alternative education program or other educational placement. The chief school administrator’s decision must be made in accordance with district procedures established pursuant to N.J.A.C. 6:26 et seq., Intervention and Referral Services for General Education Pupils, in consultation with the principal or director of the alternative education school/program or other educational placement, and in accordance with the conditions resulting from the district board of education hearing on the pupil’s offense. If the pupil is educationally disabled, the pupil’s placement is determined by the child study team and the pupil’s parent(s) in accordance with N.J.A.C. 6:28 et seq., Special Education.
If should be noted that none of the above procedures prohibit the district board of education from expelling a pupil. Additionally, pupils may seek written authorization from the chief school administrator to possess, handle, or use firearms, or other weapons as part of their participation
Procedures (pg.3)
in school sponsored functions, military classes, or for recreational activities such as hunting clubs or rifle clubs. The chief school administrator must not provide such authorization to any pupil who has been convicted or found delinquent for possession of a firearm or for a crime involving the use of a firearm.
Alternative Settings
The following alternatives are among those that should be considered if a pupil is removed from the regular education program and a placement in an approved alternative education program is not available, or if the chief school administrator determines that it is in the best interest of the pupil and the school to modify the conditions for the removal and placement of the pupil:
1. Home Instruction - Home instruction should be provided in accordance with the provisions of N.J.A.C. 6:28-4.5. If instruction cannot reasonably be provided at the pupil’s place of confinement, a suitable alternative location such as a municipal, county or state government facility, or a community-based facility should be considered.
2. Program Completion Option - An Individualized Program Plan (IPP) may be developed for the pupil in accordance with the graduation requirement standards set forth in N.J.A.C. 6:8-7.1(d)ii. The IPP provides the pupil, parent, and teacher with an educational plan to facilitate implementation of alternative educational activities for pupils not placed in an approved alternative school program. The IPP may be used in conjunction with home instruction, or as the basis for organizing the provision of other tutorial and supervised learning experiences.
3. Distance Learning - It is expected that the technology that will make distance learning an option for delivering individual and small group instruction will become increasingly available during the next two years. Bergen, Burlington, Hudson, and Morris counties already have a fiber optic infrastructure in use for interactive instruction. Video/audio bridges providing local access to school-based or home sites are used to deliver instruction in combination with computers equipped with fax/modems and other communication devices.
4. Home Schooling - Parents of pupils removed from the regular educational program have the right to educate a child at home. They must demonstrate to the local school district that the instruction provided is academically equivalent to that provided in public school for a child of similar grade and attainment (State v. Massa, 94 N.J. super. 382, (1967). If parents elect to educate a child at home, they must annually submit a written curriculum as evidence to the local board of education, and they are responsible for development, implementation, and assessment of their child. The local school district has the responsibility to review the proposed curriculum and accept it or show that the curriculum is not academically equivalent to that provided in the public schools. If a child who has been schooled at home is subsequently enrolled in the local public school, the school evaluates the child and determines appropriate placement and the acceptability of credits.
Special Education
The Individuals with Disabilities Education Act (IDEA), was enacted to ensure that a free, appropriate public education is made available to pupils with disabilities. The rights of pupils with disabilities to a free appropriate public education are compatible with the goal of school safety.
Pupils with disabilities, who exhibit dangerous or violent behavior, may be removed immediately from the school setting. The principal may take swift action and may suspend the pupil for up to ten school days without involvement of the child study team.
When the school believes that a pupil with disabilities should be removed from school for more than ten school days the following steps are taken:
1. The child study team must conduct a re-evaluation to determine whether the pupil’s misconduct was primarily caused by his or her disability;
2. If the misconduct is determined not to be primarily caused by the pupil’s disability, the pupil may be removed, expelled, or suspended from school for more than ten school days, following applicable due process procedures. However, the district may not cease educational services;
3. If the misconduct is determined to be primarily caused by the pupil’s disability, the pupil may not be expelled or suspended from school for more than ten days. However, the school district may change the pupil’s placement if it believes that maintaining the pupil in the current educational placement is inappropriate.
If the district believes that the pupil with disabilities is a danger to self or others, or the pupil’s presence in school will substantially disrupt the educational process, the district may seek emergency relief through the Office of Administrative Law to remove the pupil beyond ten days.
According to provisions of the Jefford amendment to the IDEA made by the IASA, schools are permitted to make immediate interim changes of placement for pupils with disabilities who bring firearms to school. The principal may immediately suspend the pupil for up to ten school days. Subsequently, the pupil may be placed in an interim alternative educational placement for 45 calendar days. The individuals who participate in the development of the IEP are responsible for determining the interim alternative educational setting. During the 45 day interim alternative placement, the child study team will conduct a re-evaluation to determine whether the pupil’s misconduct was primarily caused by the pupil’s disability and review the pupil’s placement.
If it is determined that the pupil’s behavior was not primarily caused by the disability, then the pupil may be removed for one year to the interim alternative placement. If it is determined that the behavior was primarily caused by the disability, the pupil may not be automatically removed for the one year; however, the district may propose a change in the pupil’s placement. In either case, if the pupil’s parents request a due process hearing, the pupil must remain in the interim placement until the completion of all proceedings, unless the parents and the school district can agree on another placement.
A resource document from the U.S. Department of Education with questions and answers regarding the disciplining of pupils with disabilities has been mailed to districts to provide additional guidance on this topic.
Other State Statutes
Two other existing statutes provide direction regarding behaviors by pupils which are disruptive, violent, or may lead to violence.
1. Assaults on Board of Education Members or Employees - Any pupil who commits an assault not involving a firearm, or other weapon upon a teacher, administrator, board member or other employee of a district board of education must be immediately suspended from school consistent with procedural due process, pending suspension or expulsion proceedings before the district board of education. The proceedings must take place no later than 90 calendar days following the day on which the pupil is suspended. (Reference: N.J.S.A. 18A:37-21)
2. Remotely Activated Paging Devices - Without the expressed written permission of the school board, the chief school administrator, or the school principal, pupils are prohibited to bring or possess any remotely activated paging device on any property used for school purposes, at any time and regardless of whether school is in session or other persons are present. (Reference: N.J.S.A. 2C:33-19)
Memoranda of Understanding between Education and Law Enforcement Authorities
N.J.A.C. 6:29-10.3(a) requires that district boards of education adopt policies and procedures which include an agreement or memorandum of understanding with appropriate law enforcement authorities consistent with the policies established through the State Memorandum of Agreement authorized by the Attorney General’s Executive Directive 1988-1. The regulations also require that the chief school administrator and local law enforcement officials annually review the effectiveness of the implementation of the agreement and discuss the need for revising it. Appropriate modifications of the memorandum of agreement should be considered by chief school administrators and local law enforcement officials in order to effectively implement the provisions of the federal and state laws summarized above.