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JFCJ - Weapons in the Schools**

Code:  JFCJ
Readopted:  5/14/18
Adopted:  6/2/14
Orig. Code(s):  JFCJ

Students shall not bring, possess, conceal or use a weapon on or at district property, activities under the jurisdiction of the district or interscholastic activities administered by a voluntary organization.

For purposes of this policy, and as defined by state and federal law, weapons includes:

  1. “Dangerous weapon” - any weapon, device, instrument, material or substance, which under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury;
  2. “Deadly weapon” - any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury;
  3.  “Firearm” - 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, frame or receiver of any such weapon, any firearm silencer or any other destructive device.
  4.  “Destructive device” - any explosive, incendiary or poison gas component or any combination of parts either designed or intended for use in converting any device into any destructive device or from which a destructive device may be readily assembled.  A destructive device does not include any device which is designed primarily or redesigned primarily for use as a signaling, pyrotechnic, line-throwing, safety or similar device.

Weapons may also include, but not be limited to, knives, metal knuckles, straight razors, noxious, irritating or poisonous gases, poisons, drugs or other items fashioned with the intent to use, sell, harm, threaten or harass students, staff members, parents and patrons.

Prohibited weapons possessed on or about a person while on district property are subject to seizure or forfeiture.

In accordance with Oregon law, any employee who has reasonable cause to believe a student or other person has, within the previous 120 days, unlawfully been in possession of a firearm or destructive device as defined by this policy, shall immediately report such violation to an administrator, his/her designee or law enforcement.  Employees who report directly to law enforcement shall also immediately inform an administrator.

Administrators shall promptly notify the appropriate law enforcement agency of staff reports received and at any other time there is reasonable cause to believe violations have occurred or that a student has been expelled for bringing, possessing, concealing or using a dangerous or deadly weapon, firearm or destructive device.  Parents will be notified of all conduct by their student that violates this policy.

Employees shall promptly report all other conduct prohibited by this policy to an administrator.

Administrators shall promptly report to the security office.

Incidents of students possessing firearms will be reported to the student’s parents and a referral to the appropriate law enforcement agency shall be made.  Appropriate disciplinary and/or legal action will be taken against students who possess firearms and with students who assist possession in any way.  Students bringing firearms to school will be expelled for a period of not less than one year.  The superintendent may, on a case-by-case basis, modify this expulsion requirement.  The district may also request suspension of a student’s driving privileges or the right to apply for driving privileges with the Oregon Department of Transportation.

Weapons under the control of law enforcement personnel are permitted.  The superintendent may authorize other persons to possess weapons for courses, programs and activities approved by the district and conducted on district property including, but not limited to, hunter safety courses, weapons-related vocational courses or weapons-related sports.

In accordance with the federal Gun-Free School Zone Act, possession or discharge of a firearm in a school zone is prohibited.  A “school zone,” as defined by federal law, means in or on school grounds or within 1,000 feet of school grounds.

END OF POLICY

Legal Reference(s):
ORS 161.015
ORS 166.210 to -166.370
ORS 166.382
ORS 332.107
ORS 339.115
ORS 339.240
ORS 339.250
ORS 339.315
ORS 339.327
ORS 809.135
ORS 809.260

OAR 581-021-0050 to -0075
OAR 581-053-0010(5)
OAR 581-053-0230(9)(k)
OAR 581-053-0330(1)(r)
OAR 581-053-0430(17)
OAR 581-053-0531(16)
OAR 581-053-0630

Gun-Free School Zones Act of 1990, 18 U.S.C. §§ 921(a)(25)-(26), 922(q) (2012).
Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1419 (2012).
Youth Handgun Safety Act, 18 U.S.C. §§  922(x), 924(a)(6) (2012).
Safe and Drug-Free Schools and Communities Act, 20 U.S.C. §§ 7101, 7111-7121 (2012).

Cross Reference(s):

IHGA - Alternative Instructional Programs
JFCM - Threats of Violence