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JICI - Safe School Zone

Introduction:

It is the policy of the Kearsarge Regional School District that all school buildings, premises, bus stops and routes and associated areas shall be safe environments for students, free of danger posed by the presence of weapons or conduct which threatens harm by means of weapons or objects used as weapons.  It is the policy of the Kearsarge School District that the provisions of RSA 193-D:2, the so-called Safe School Zone Act, be carried out in all respects.  Should any portion of this policy conflict with state law or regulations issued pursuant thereto, it is the intention of the Kearsarge Regional School District that its policy be read in such a manner that it conforms to such law or regulation. This policy replaces the “Weapons Free Environment” and “Dangerous Weapons and Objects in the Schools” policies previously adopted by the District.
 
Weapons/Gross Misconduct:

Weapons (such as but not limited to firearms, explosives, incendiaries, martial arts weapons (as defined by RSA 159:24), knives (as defined by RSA’s 159:3, 159:16, and 159:24), electronic defense weapons (as defined by RSA 159:20), clubs, billies, metallic knuckles or containers containing chemicals such as pepper gas or mace) or other objects used as weapons are not permitted on school property, on school buses or at school sponsored activities.  “Weapons” shall mean any object whose use at the time or whose primary purpose is to cause or, by intimidation, threaten to cause bodily harm or injury to any person.  Student violations of this policy will result in both school disciplinary action and notification of the local police.  Suspension or expulsion could result. 

In addition, any student who is determined to have brought a firearm (as defined by 18 US 921) to school without prior written approval will be expelled for not less than one year (365 days).  This expulsion may be modified by the School Board upon review of the specific case in accordance with other applicable law and district policy. 

Weapons under control of law enforcement personnel are permitted. All students will receive written notice of this policy once each year. 

  1. Definitions:
     
    1. “Expulsion” means the permanent denial of a pupil’s attendance at school for any of the reasons listed in RSA 193:13, II and III.
    2. “Firearm or other dangerous weapon” means any firearm or weapon as defined in Section 921 of Title 18 of the US Code, and any weapon prohibited by RSA 159, including but not limited to dangerous weapons listed in RSA 159:16, and any object when used as a weapon.
    3. “Gross Misconduct” means an act which:
      1. Results in violence to another person or property;
      2. Poses a direct threat to the safety of others in a safe school zone; or
      3. Is identified in RSA 193-D:1, I.
    4. “Neglect”, in the context of RSA 193:13, I and II, means the failure of a pupil to pay attention to an announced, posted or printed school rule.
    5. “Pupil” means a child through age 21 in attendance at a school during the school day.
    6. “Refusal”, in the context of RSA 193:13, I and II, means the willful defiance of a pupil to comply with an announced, posted, or printed school rule.
    7. “Safe School Zone” means “safe school zone” as defined in RSA 193-D:1, II
    8. “School day” means:
       
      1. For a pupil who takes the school bus, the time period beginning
        when a pupil boards the bus in the morning to the time when a pupil disembarks from the bus in the afternoon; and
      2. For a pupil who walks to school or arrives by private car, the time period beginning when the pupil arrives on the school grounds to the time when the pupil leaves the school grounds.
         
    9. “School employee” means any school administrator, teacher, or other employee of any public or private school, school district, school department, or school administrative unit.
    10. “School property” means all real property, physical plant and equipment used for school purposes, including but not limited to school playgrounds and buses, whether public or private, and including any premises temporarily used for or by the school district.
    11. “School purposes” means school-sponsored programs, including but not limited to educational or extracurricular activities.
    12. “Superintendent” means the school superintendent or chief administering officer, or a representative designated in writing as authorized under RSA 193:13, I.
    13. “Suspension” means the temporary denial of a student’s attendance at school for a specific period of time for gross misconduct or for neglect or refusal to conform to announced, posted, or printed school rules.
    14. “Unlawful possession” in RSA 193-D:1, I (e) shall include, but not be limited to:
      1. Having control over a weapon or an object used as a weapon during any part of a school day;
      2. Transporting the object to school;
      3. Storing the object anywhere on the school premises, whether in the student’s locker or any other student’s locker, or any other place on the premises; or
      4. Doing any other act which causes or contributes to causing the object to be on school premises, or which causes or contributes to causing an object to be used as a weapon as defined by the School Board.

II.    Expulsion for Violent Acts or Weapon Violations:

  1. Any pupil who engages in or commits any of the following acts shall be subject to expulsion as described in Section III below:
     
    1. Homicide under RSA 630;
    2. Any first or second degree assault under RSA 631;
    3. Any simple assault under RSA 631:2-a.
    4. Any felonious or aggravated felonious sexual assault under RSA 632-A;
    5. Criminal mischief under RSA 634:2;
    6. Unlawful possession or sale of a firearm or other dangerous weapon under RSA 159;
    7. Arson under RSA 634:1;
    8. Burglary under RSA 635;
    9. Robbery under RSA 636;
    10. Theft under RSA 637;
    11. Illegal sale or possession of a controlled drug under RSA 318-B;
    12. Gross misconduct or neglect or refusal to conform to the reasonable rules of the school under RSA 193:13, II;
    13.  Possession of a pellet or BB gun or rifle under RSA 193:13, III.
       
  2. Any pupil who brings or possesses a firearm as defined in Section 921 of Title 18 of the United States Code in a safe school zone as defined in RSA 193-D:1 without written authorization from the Superintendent or designee shall be expelled from school by the School Board for a period of not less than twelve (12) months (RSA 193:13, III).  Any expulsion shall be subject to review by the Superintendent in accordance with district policy if requested by a parent or guardian and further, any parent or guardian shall have the right to appeal any such expulsion by the Board to the State Board of Education (RSA 193:13, II)
     
  3. If a student is subject to expulsion and a firearm is involved, the responsibility shall be upon the Superintendent to contact local law enforcement officials whenever there is any doubt concerning:
     
    1. Whether a firearm is legally licensed under RSA 159; or
    2. Whether the firearm is lawfully possessed, as opposed to unlawfully possessed, under the legal definitions of RSA 159.

III.    Disciplinary Procedures:

  1. The following levels of discipline are available to school officials in enforcing this policy:
     
    1. Short-term suspension by a principal which lasts from one (1) to ten (10) school days.
    2. Long-term suspension by the Superintendent which lasts longer than ten (10) days.
    3. Expulsion by the School Board for a period determined in writing by the Board under RSA 193:13, II.  Expulsion by the School Board may be appealed to the State Board.
    4. Expulsion by the School Board for a period of not less than twelve (12) months under RSA 193:13, III.  Expulsion by the School Board may be appealed to the State Board.
       
  2. The following due process procedures shall be followed:
     
    1. In a short-term suspension:
       
      1. The Principal shall inform the pupil of the purpose of the meeting
      2. Oral or written notice of the charges and an explanation of the evidence against the pupil;
      3. An opportunity for the pupil to present his/her side of the story;
      4. A written statement to the pupil and at least one of the pupil’s parents or guardian explaining any disciplinary action taken against the student, prior to the suspension beginning
         
    2. In a long-term suspension of a pupil:
       
      1. Written communication to the pupil and at least one of the pupil’s parents or guardian, delivered in person or by mail to the pupil’s last known address, of the charges and an explanation of the evidence against the pupil;
      2. The Superintendent’s written or oral recommendation for student action to correct the discipline problem;
      3. A hearing in accordance with III, B, (3) g. (pages 4 to 5);
      4. A written decision which includes the legal and factual basis for the conclusion that the pupil should be suspended; and
      5. The decision may be appealed to the local School Board under RSA 193:13, I.
         
    3. In an expulsion by the local School Board, due process shall include the following minimal requirements:
       
      1. A formal hearing shall be held before any expulsion;
      2. Such hearing may be held either before or after the short-term suspension has expired and pending the expulsion hearing;
      3. If the hearing is held after the expiration of a short-term suspension, the pupil shall be entitled to return to school after the short-term suspension has expired, pending the expulsion hearing;
      4. The School Board shall provide written notice to the pupil and at least one of the pupil’s parents or guardian, delivered in person or by mail to the pupil’s last known address, of the date, time, and place for a hearing before the local board;
      5. The written notice required by d. above shall include:
         
        1. A written statement of the charges and the nature of the evidence against the pupil; and
        2. The specific statutory reference prohibiting that act as listed in RSA 193-D:1, I; and
        3. A Superintendent’s written recommendation for school board action and a description of the process used by the Superintendent to reach his/ her recommendation;
           
      6. This notice shall be delivered to the pupil and at least one of the pupil’s parents or guardian at least five (5) days prior to the hearing;
      7. The following hearing procedures shall apply:
         
        1. The pupil, together with a parent or guardian may waive the right to a hearing and admit to the charges made by the Superintendent;
        2. If the pupil is eighteen (18) years of age or older, the concurrence of a parent or guardian shall be unnecessary unless the pupil is subject to a guardianship which would prevent the pupil from waiving the right to a hearing;
        3. Formal rules of evidence shall not be applicable, however, school officials shall present evidence in support of th charge(s) and the accused pupil or his/her parent/guardian shall have an opportunity to present any defense or reply;
        4. The hearing shall be either public or private and the choice shall be that of the pupil or his parent or guardian; and
        5. During the hearing, the pupil, parent, guardian, or counsel representing the pupil shall have the right to examine any and all witnesses.
           
      8. The decision of the School Board shall be based on a dispassionate and fair consideration of substantial evidence that the accused pupil committed the act for which such expulsion is to be imposed and that such acts are, in fact, a proper reason for expulsion.
      9. The decision shall state whether the student is expelled and the length of the expulsion.  If the decision is to expel the pupil, the decision shall include the legal and factual basis for the decision;
      10. The decision shall contain a procedure for how the pupil, parent, or guardian, if available, may request a review of the Board’s action prior to the start of each school year, including procedures for how the Board will make timely response to the request which shall be no later than thirty (30) days from the receipt of the request.  The procedure shall also provide for a transition plan, if applicable, detailing actions the student will be required to take as a condition for re-entry into the school at a date later than the start of the school year.
         
  3. All appeals to the State Board allowed under RSA 193:13, II or III shall be filed within twenty (20) calendar days of receipt of the written decision of the local School Board and shall be in accordance with RSA 541-A and Ed 200.
     
  4. In all cases, appropriate adjustments shall be made to account for the age and grade level of the pupil being disciplined.

IV.    Notification of Students:

In accordance with RSA 193:13, the following notification procedures will be followed:

  1. The student handbooks of all Kearsarge Regional School District schools shall contain a summary of RSA 193:13 and a summary of this policy. Copies of the statutes and this policy shall be available in the principal’s office. Notice of the policy and the location of copies shall be displayed in a prominent place on each school’s notice board.
  2. Copies of the statutes and school policy will be given to all teachers and other school employees.
  3. Copies of the statutes and school policy will be given to any student being disciplined pursuant to its terms.

V.    Waivers, Appeals, and Review:

In accordance with RSA 193:13, the following waiver, appeal, and review procedures shall be followed:

  1. In the case of short or long term suspension, the appeal rights, if any, shall be as contained in RSA 193:13, I.
  2. In the case of expulsion pursuant to RSA 193:13, II and this policy, written application may be made to the Board through the Superintendent’s office no later than one month prior to the start of each school year.  The application shall contain a statement in the pupil’s own words explaining why he/she should be considered for readmission.  The application shall be accompanied by at least one recommendation from a member of the community, such as a counselor, minister, or employer who has observed the pupil’s behavior during the period of expulsion.  The application shall also be accompanied by the Superintendent’s and building administrator’s recommendation to the Board, which may include conditions for phased readmission.
  3. The Superintendent may, upon written application of an expelled pupiland on a case-by-case basis, recommend to the Board modification of the expulsion requirements of paragraphs III, (A), (3), and (4) above.  Prior to consenting to such a modification, the pupil shall be required to submit to the Superintendent sufficient evidence in the form of letters, work history, or other documents or testimony demonstrating that it is in the school’s best interests and the pupil’s best interests to allow a modification.  In making such a decision, due regard will be given to other pupils and staff whose safety and well being shall be of paramount importance.

VI.    Reporting Procedures:

  1. In accordance with RSA 193-A:4; each written report by a supervisor to the principal relating to an act of theft, destruction, or violence in a safe school zone shall be on standardized form #Ed 317.
  2. The report by a supervisor to a principal of form #Ed. 317 shall contain all the statutory information required by RSA 193-A:4.
  3. Form #Ed. 317 shall be completed and filed with the commissioner of education on or before June of each year.
  4. Form #Ed. 317 shall contain the following information:
    1. School name;
    2. School address;
    3. School telephone number;
    4. Name of school principal;
    5. Date of incident involving an act of theft, destruction, or violence, or the possession of a firearm;
    6. Time of incident in (5) above;
    7. Location of incident in (5) above;
    8. Alleged offense;
    9. Description of incident;
    10. Name of suspect;
    11. Grade in school of suspect;
    12. Address of suspect;
    13. Gender suspect;
    14. Name of victim;
    15. Grade in school of victim;
    16. Address of victim;
    17. Gender of victim;
    18. Name of employee reporting incident;
    19. Date report was completed by employee;
    20. Date report was filed with local law enforcement authority by school principal.

VII.    Student with an Educational Disability:

  1. Any suspension or expulsion of a student with an educational disability as defined in Ed. 1102.31 shall be in accordance with Ed. 1119.11.
  2. If, under the provision of Ed. 1119.11(c), the special education placement team determines that the behavior leading to the suspension or expulsion is not a direct result of the student’s educational disability, Sections Ed. 317.01 through Ed. 317.05 shall apply, unless otherwise required by federal law.
  3. In the case of a student with an educational disability who is determined to have brought a firearm or other dangerous weapon in to a safe school zone as defined in 18 USC 921 (a) (3), the federal requirement of section 615(k)    (9) of Public Law 105-17 shall apply, and the student may be placed in an interim alternative educational setting for the time periods determined by that Public Law.

Notification of Local Police Department(s):

A “Memorandum of Understanding” between the Kearsarge Regional School District and the Police Departments of the seven towns in the Kearsarge Regional School District will exist which requires the school(s) to notify the police whenever a serious offense has been committed.  Students and parents should expect police personnel to be involved in investigating such incidents.

Simple Assault – Parental Notification:

Assault is any unprivileged physical contact of another.  Simple assault is a misdemeanor unless serious physical injury results.  Distinguishing when an assault becomes a felony is important for school personnel because any felony assault shall be reported to the Police Department by state law. 

Whenever an incident of simple assault occurs, no report shall be made to the local law enforcement agency.  Instead, the building principal shall notify the parents by telephone and confirm by a letter to the parents of all children directly involved.  The letter from the building principal shall describe the incident and the seriousness and harm done or potential harm and the school district’s response to the incident. 



1st Reading:  August 12, 1997 
2nd Reading:  September 2, 1997
Approved:  September 16, 1997
Revised: N/A
Last Review: September 16, 1997