CODE: 305

FIREARMS It is the policy of the member districts of the Chittenden East Supervisory Union #12 to comply with the federal Gun Free Schools Act of 1994 and state law requiring school districts to provide for the possible expulsion of students who bring firearms to or possess firearms at school. It is further the intent of the school board to maintain a student discipline system consistent with the requirements of the federal Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act and the Vermont State Board of Education rules. Definitions For the purposes of this policy, the terms “firearm” “school” and “expelled” shall be defined in administrative procedures developed by the superintendent. The definitions shall be consistent with definitions required by state and federal law. Sanctions Any student who brings a firearm to school, or who possesses a firearm at school, shall be brought by the superintendent to the school board for an expulsion hearing. A student found by the school board after a hearing to have brought a firearm to school shall be expelled for at least one calendar year. However, the school board may modify the expulsion on a case by case basis when it finds circumstances such as, but not limited to: 1. The student was unaware that he or she had brought a firearm to school. 2. The student did not intend to use the firearm to threaten or endanger others. 3. The student is disabled and the misconduct is related to the disability. 4. The student does not present an ongoing threat to others and a lengthy expulsion would not serve the best interests of the pupil. At the discretion of the school board and administration, an expelled student may be afforded limited educational services at a site other than the school during the period of expulsion under this policy. Policy Implementation An expulsion hearing conducted under this policy shall afford due process as required by law and as developed by the superintendent or his or her designee. The superintendent shall refer to appropriate law enforcement agency any student who brings a firearm to a school under the control and supervision of the school district. The superintendent may also report any incident subject to this policy to the Department of Children & Families. The superintendent shall annually provide the Commissioner of Education with descriptions of the circumstances surrounding expulsions imposed under this policy, the number of students expelled and the type of firearms involved.

Approved: 11/19/12

305 Firearms 11-19-12.pdf

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