Number:

218.1

Section:

Pupils

Title:

Prohibition of Weapons

Date Adopted:

January 28, 1997

Date Reviewed:

April 28, 2004

Purpose
The Board recognizes the importance of a safe school environment to the educational process. Pursuant to PA Act 26 of 1995, the District must adhere to certain disciplinary and reporting requirements in the event a student is in possession of a weapon. Possession of weapons by students will not be tolerated; a swift and meaningful response will result when a student is found in possession of a weapon.

Definitions
A weapon shall include but not be limited to, any knife, cutting instrument, cutting tool, nunchaku stick, brass or metal knuckles, firearm, shotgun, rifle, look a like gun, chemical agent such as mace, explosive device, and any other tool, instrument or implement capable of inflicting serious bodily injury. A weapon possessed and used in conjunction with a lawful school activity or course shall be permitted with prior written authorization from the Superintendent or designee.

A weapon does not include any device which is authorized by the school for a legitimate educational purpose, such as tools, scissors, compasses, pencils, however, using any such object in an aggressive, threatening and/or intimidating manner shall be considered in possession of a weapon.

1. A firearm means the following:
2. Any weapon, including a starter gun, which will or is designed to or may readily, be converted to expel a projectile by the action of an explosive.
3. The frame or receiver of any such weapon.
4. Any firearm muffler or firearm silencer.
5. Any destructive device.

The term does not include an antique firearm.

A destructive device means any explosive, incendiary, poison gas, bomb grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one quarter ounce, mine, or any device similar to any of the devices described above.

A student is in possession of a weapon for purposes of this policy when the weapon is found on the person of the student, in the student's locker, or otherwise under his of her control while the student is on school property, on property being used by the school or at any school function or activity, or at any school event held away from the school, or while the student is on his or her way to or from school.

Guidelines
Students are prohibited from possessing a weapon (1) in any Upper Moreland School District building; (2) on any grounds of the Upper Moreland School District; (3) in any conveyance (including private) providing transportation to or from the Upper Moreland School District; (4) at any school function, activity or event whether or not held on Upper Moreland School District grounds, or (5) while the student is on his or her way to or from school.

Any student found in possession of or transporting a weapon during any of the above listed times, activities or events, regardless of intent, will immediately be reported to the local police, scheduled for an informal hearing, cited for a ten (10) day out of school suspension and presented to the Board for a formal expulsion hearing in accordance with the Pennsylvania School Code and due process requirements. Any discipline involving a special education student will be subject to provisions of the Federal Individuals With Disabilities Education Act and accompanying Commonwealth law and regulations.

Any professional staff member, school employee, and/or student who knows or ascertains that a student is in possession of a weapon in contravention of this policy shall immediately inform the building principal who will conduct a complete investigation. A student who has knowledge that a weapon is in or on school property shall be subject to disciplinary proceedings if the student does not timely report this information to school personnel. Upon confiscation of a weapon, the building principal must immediately notify and/or summon (1) the local police, (2) the Superintendent, and (3) the parents of any and all students involved in the incident.

Upon reasonable suspicion that a student possesses a weapon, the building principal will request the student to voluntarily empty his or her pockets, remove any coat, book bag, or purse to be searched by a school official in the presence of another adult witness. Students are advised that the Rules and Regulations of the State Board of Education provide that reasonable force may be used by teachers and school authorities to obtain possession of weapons or other dangerous objects, although District personnel shall avoid the use of force whenever possible.

If a student refuses to permit a search, the building principal will immediately summon the local police and request assistance. Parents or guardians will be notified as soon as possible.

The building principal will cooperate with the Superintendent to develop a public statement regarding the incident and will determine the effective method of informing school personnel of the incident. The Superintendent will inform Board members of the incident as soon as (1) measures have been taken to eliminate any immediate danger associated with the incident, (2) all steps pursuant to this policy have been complied with, and (3) it is reasonable and practicable to do so.

The building principal will coordinate the informal hearing procedure, conduct an investigation, secure written statements and anecdotal records substantiating the charges, and provide information and notification requirements for a formal hearing for expulsion proceedings in accordance with the Pennsylvania School Code with the Superintendent.

In the event a student is found to have a firearm, destructive device or weapon on school property, said student shall be expelled from the District for a period of not less than one (1) year. Such penalty shall be given in conformance with formal due process proceedings required by law. The Superintendent may upon recommendation and approval of the Board issue a lesser punishment on a case by case basis.