5144.3 Dangerous Weapons Policy
|Adoption Date: 08/9/1994 Revised: 02/17/2000; 12/06/2012
|Series 5000 - Students
Dangerous Weapons Policy
Policy # 5144.3
For general purposes of this policy, a weapon is defined pursuant to the provisions of Section 265.01 of the New York State Penal Law and includes, but is not limited to: any firearm (including water guns, imitations and look-alikes), BB gun, pellet gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, electronic dart gun, dagger, dirk, knife, sword, billy blackjack, bludgeon, metal knuckles, razor, stiletto, brass knuckles, sling shot, , box cutter, Kung Fu star, electronic stun gun, laser pointing device, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death, or any other dangerous weapon or deadly instrument or object which is not necessary for school purposes (e.g., bow and arrows for an archery class; rifle for a riflery class) and which could be used as a weapon (e.g., explosive, dangerous chemicals, ice pick, pellet gun, etc.)
Gun-Free Schools Act of 1994
Any student who is in possession of a weapon (defined as a firearm) on school premises or at a school event, whether on or off school premises, as defined in the Gun-Free Schools Act of 1994,1 shall be subject to suspension from school, after a hearing has been held pursuant to Section 3214 of the New York State Education Law, for a period of not less than one year, subject only to the right of the Superintendent of Schools to modify such penalty for a student if the Superintendent believes that the one-year or longer suspension penalty is excessive. The Superintendent shall make such decision on a case-by-case basis, based upon criteria, including but not limited to:
A student with a disability who is in possession of a weapon on school premises or at school activities may be suspended for up to five (5) school days, during which time the Committee on Special Education shall convene to determine whether the student’s possession of the weapon is related to the student’s disability. If determined to be unrelated to the student’s disability, the student may be placed in an interim alternative educational setting for not more than forty-five (45) school days. Such an interim placement shall be deemed to be the student’s “stay put” placement during the pendency of any due process proceedings contesting the interim placement for the duration of the interim placement. If determined to be related to the student’s disability, the student may be suspended from school for not more than ten (10) consecutive school days.
The Superintendent shall refer a pupil under the age of sixteen (16) who has been determined to have brought a weapon to school to a presentment agency for a juvenile delinquency proceeding consistent with Article 3 of the Family Court Act. The Superintendent shall refer any pupil sixteen (16) years of age or older who has been determined to have brought a weapon to school to the appropriate law enforcement officials.
1 *Any firearm, 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; the frame or receiver of such firearm; any firearm muffler or silencer; or any destructive device.
§265.01 Penal Law;
Goals 2000, Education America Act P.L. 103-227 (Gun-Free Schools Act of 1994)
18 U.S.C. §921
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