Adopted: = &nb= sp; = &nb= sp; MSBA/MASA Model Po= licy 501

Orig. 19= 95

Revised: = &nb= sp; = &nb= sp; = = Rev. 2005

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501      SCHOOL WEAP= ONS POLICY

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[Note: School dist= ricts are required by statute to have a policy addressing these issues. ATTENTION: This policy incorp= orates certain provisions of the Minnesota Citizens’ Personal Protection Act= of 2003. That law was recently s= truck down by the Minnesota Court of Appeals.&nb= sp; However, in the 2005 session, the Minnesota legislature reenacted th= is law effective retroactively and without interruption from April 28, 2003. The reenacted law is now in effect= .]=

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I.        &= nbsp; PURPOSE=

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The purpose of this policy is to assure a safe school environment for students, staff and the public.

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II.        GENERAL STATEMENT OF POLICY

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No student or nonstudent, including adults and visitors, shall possess, use or distribute= a weapon when in a school location except as provided in this policy. The school district will act to en= force this policy and to discipline or take appropriate action against any studen= t, teacher, administrator, school employee, volunteer, or member of the public= who violates this policy.

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III.       DEFIN= ITIONS=

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A.        “Weapon”

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1.         = A “weapon” means any object, device or instrument designed as a weapon or through its use is capable of threatening or producing bodily har= m or which may be used to inflict self-injury including, but not limited to, any firearm, whether loaded or unloaded; airguns; pellet guns; BB guns; all kni= ves; blades; clubs; metal knuckles; numchucks; throwing stars; explosives; fireworks; mace and other propellants; stunguns; ammunition; poisons; chain= s; arrows; and objects that have been modified to serve as a weapon.

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2.         = No person shall possess, use or distribute any object, device or instrument ha= ving the appearance of a weapon and such objects, devices or instruments shall be treated as weapons including, but not limited to, weapons listed above which are broken or non-functional, look-alike guns; toy guns; and any object tha= t is a facsimile of a real weapon.

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3.         = No person shall use articles designed for other purposes (i.e., lasers or laser pointers, belts, combs, pencils, files, scissors, etc.), to inflict bodily = harm and/or intimidate and such use will be treated as the possession and use of= a weapon.

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B.         = “School Location” includes any school building or grounds, whether leased, rented, owned or controlled by the school, locations of school activities or trips, bus stops, school buses or school vehicles, school-contracted vehicl= es, the area of entrance or departure from school premises or events, all locat= ions where school-related functions are conducted, and anywhere students are und= er the jurisdiction of the school district.

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C.        “Possession” means having a weapon on one’s person or in an area subject to one’s control in a school location.

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IV.       EXCEP= TIONS=

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A.        A student who finds a weapon on the way to school or in a school location, or= a student who discovers that he or she accidentally has a weapon in his or her possession, and takes the weapon immediately to the principal’s office shall not be considered to possess a weapon. If it would be impractical or dang= erous to take the weapon to the principal’s office, a student shall not be considered to possess a weapon if he or she immediately turns the weapon ov= er to an administrator, teacher or head coach or immediately notifies an administrator, teacher or head coach of the weapon’s location.

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B.         = It shall not be a violation of this policy if a nonstudent (or student where specified) falls within one of the following categories:<= /p>
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1.         = active licensed peace officers;

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2.         = military personnel, or students or nonstudents participating in military training, w= ho are on duty performing official duties;

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3.         = persons authorized to carry a pistol under Minn. Stat. § 624.714 while in a mo= tor vehicle or outside of a motor vehicle for the purpose of directly placing a firearm in, or retrieving it from, the trunk or rear area of the vehicle;

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4.         = persons who keep or store in a motor vehicle pistols in accordance with Minn. Stat.= §§ 624.714 or 624.715 or other firearms in accordance with § 97B.045;

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a.         = Section 624.714 specifies procedures and standards for obtaining pistol permits and penalties for the failure to do so. Section 624.715 defines an exception to the pistol permit requiremen= ts for “antique firearms which are carried or possessed as curiosities or for their historical significance or value.”

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b.         = Section 97B.045 generally provides that a firearm may not be transported in a motor vehicle unless it is (1) unloaded and in a gun case without any portion of = the firearm exposed; (2) unloaded and in the closed trunk; or (3) a handgun car= ried in compliance with §§ 624.714 and 624.715.

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5.         = firearm safety or marksmanship courses or activities for students or nonstudents conducted on school property;

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6.         = possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color gu= ard;

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7.         = a gun or knife show held on school property;

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8.         = possession of dangerous weapons, BB guns, or replica firearms with written permission = of the principal or other person having general control and supervision of the school or the director of a child care center; or

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9.         = persons who are on unimproved property owned or leased by a child care center, scho= ol or school district unless the person knows that a student is currently pres= ent on the land for a school-related activity.

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[Note: Nothing pre= vents a school district from being more stringent in its weapons policy with resp= ect to students and school district employees than the criminal law, except that the school district may not prohibit the lawful carry or possession of fire= arms in a parking facility or parking area.&nbs= p; Although some school districts may choose to incorporate all of the exceptions to the criminal law, other school districts may choose either no= t to incorporate some or all of the exceptions or to further limit them. For example, a school district may choose to require written permission from the superintendent, not just a principal, for someone to possess a dangerous weapon in a school location.<= span style=3D'mso-spacerun:yes'> This would impose a more stringent requirement than exception (7) to Section 609.66, Subdivision 1d. However, a school district may not regulate firearms, ammunition, or their respective components, when possess= ed or carried by nonstudents or nonemployees, in a manner that is inconsistent with Section 609.66, Subdivision 1d.]

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C.        Policy Application to Instructional Equipment/Tools

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While the school district takes a firm “Zero Tolerance” position on the possessi= on, use or distribution of weapons by students, and a similar position with reg= ard to nonstudents, such a position is not meant to interfere with instruction = or the use of appropriate equipment and tools by students or nonstudents. Such equipment and tools, when pro= perly possessed, used and stored, shall not be considered in violation of the rule against the possession, use or distribution of weapons. However, when authorized instructi= onal and work equipment and tools are used in a potentially dangerous or threate= ning manner, such possession and use will be treated as the possession and use o= f a weapon.

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D.        Firearms in School Parking Lots and Parking Facilities

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A school district may not prohibit the lawful carry or possession of firearms in a school parking lot or parking facility. For purposes of this policy, the “lawful” carry or possession of a firearm in a school parking l= ot or parking facility is specifically limited to nonstudent permit-holders authorized under Minn. Stat. § 624.714 to carry a pistol in the interi= or of a vehicle or outside the motor vehicle for the purpose of directly placi= ng a firearm in, or retrieving it from, the trunk or rear area of the vehicle. Any possession or carry of a firea= rm beyond the immediate vicinity of a permit-holder’s vehicle shall constitute a violation of this policy.

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V.        CONSEQUENCES FOR STUDENT WEAPON POSSESSION/USE/DISTRIBUTION=

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A.        The school district takes a position of “Zero Tolerance” in regard = to the possession, use or distribution of weapons by students. Consequently, the minimum conseque= nce for students possessing, using or distributing weapons shall include:<= /o:p>

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1.         = immediate out-of-school suspension;

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2.         = confiscation of the weapon;

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3.         = immediate notification of police;

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4.         = parent or guardian notification; and

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5.         = recommendation to the superintendent of dismissal for a period of time not to exceed one y= ear.

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B.         = Pursuant to Minnesota law, a student who brings a firearm, as defined by federal law= , to school will be expelled for at least one year. The school board may modify this requirement on a case-by-case basis.

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C.        Administrative Discretion

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While the school district takes a “Zero Tolerance” position on the possession, u= se or distribution of weapons by students, the superintendent may use discreti= on in determining whether, under the circumstances, a course of action other t= han the minimum consequences specified above is warranted. If so, other appropriate action ma= y be taken, including consideration of a recommendation for lesser discipline.

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VI.       CONSE= QUENCES FOR WEAPON POSSESSION/USE/DISTRIBUTION BY NONSTUDENTS=

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A.        Employees

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1.         = An employee who violates the terms of this policy is subject to disciplinary action, including nonrenewal, suspension, or discharge as deemed appropriat= e by the school board.

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2.         = Sanctions against employees, including nonrenewal, suspension, or discharge shall be pursuant to and in accordance with applicable statutory authority, collecti= ve bargaining agreements, and school district policies.

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3.         = When an employee violates the weapons policy, law enforcement may be notified, as appropriate.

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[Note: An employer may establish policies= that restrict the carry or possession of firearms by its employees while acting = in the course and scope of employment. Employment-related sanctions may be invoked for a violation. Thus, for example, reasonable limitations may be imposed on the method of storing firearms by permit-hold= ing employees while at work or performing employment-related duties. Reasonable limitations may include requiring firearms to have trigger locks and to be stored in a locked conta= iner or locked compartment of the vehicle.]

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B.         = Other Nonstudents

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1.         = Any member of the public who violates this policy shall be informed of the poli= cy and asked to leave the school location.&nb= sp; Depending on the circumstances, the person may be barred from future entry to school locations. In addition, if the person is a student in another school district, that school district may be contacted concerning the policy violation.

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2.         = If appropriate, law enforcement will be notified of the policy violation by the member of the public and may be asked to provide an escort to remove the me= mber of the public from the school location.

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Legal References:<= /span>      Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)

Minn. Stat. § 121A.44 (Expulsion for Possession of Firearm)

Minn. Stat. § 121A.05 (Referral to Police)

Minn. Stat. § 609.66 (Dangerous Weapons)

Minn. Stat. § 609.605 (Trespass)

Minn. Stat. § 609.02, Subd. 6 (Definition of Dangerous Weapon)

Minn. Stat. § 97B.045 (Transportation of Firearms)

Minn. Stat. § 624.714 (Carrying of Weapons without Permit; Penalties)
Minn. Stat. § 624.715 (Exemptions; Antiques and Ornaments)

18 U.S.C. § 9= 21 (Definition of Firearm)

In re C.R.M. 611 N.W.2d 802 (M= inn. 2000)

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Cross References:<= /span>       MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)

MSBA/MASA Model Po= licy 506 (Student Discipline)

MSBA/MASA Model Po= licy 525 (Violence Prevention)