Boulder Valley School District
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JDC-R

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JDC-R

File: JDC-R (pdf)
Adopted: April 12, 2010
Effective: June 9, 2020


CONDUCT RELATED TO WEAPONS

I.     Definitions 

  1. "Dangerous weapon" means:

    a.   A firearm.
    b.   Any pellet, BB gun or other device, whether operational or not, designed
          to propel projectiles by spring action or compressed air.
    c.   A fixed blade knife with a blade that exceeds three inches in length.
    d.   A spring-loaded knife or a pocket knife with a blade exceeding three and
          one-half inches in length.
    e.   Any object, device, instrument, material, or substance, whether animate
          or inanimate, that is used or intended to be used to inflict death or         
          serious bodily injury including, but not limited to, a slingshot, bludgeon,
          nunchucks, brass knuckles or artificial knuckles of any kind.
    f.    A knife of any length, in accordance with the Board of Education’s local
          authority
     
  2. “Firearm” means:

a.   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;
b.   the frame or receiver of any weapon described above;
c.   any firearm muffler or firearm silencer; or
d.   any destructive device.

             3.  "Destructive device" means:
                 a.   Any explosive, incendiary, or poison gas:
                         i.  bomb;
                        ii.  grenade
                       iii.  rocket having a propellant charge of more than four ounces;
                       iv.  missile having an explosive or incendiary charge of more than one-
                             quarter ounce;
                        v.  mine; or
                       vi.  device similar to the devices described in paragraphs i-v of this sub-
                             paragraph 
                 b.   any type of weapon which will, or which may be readily converted to,
                       expel a projectile by the action of an explosive or other propellant, and
                       which has any barrel with a bore of more than one-half inch in diameter;
                       and
                 c.   any combination or parts either designed or intended for use in
                       converting any device into any destructive device described in sub-
                       paragraphs a and b and from which a destructive device may be readily
                       assembled.

II.    Firearm facsimiles

Carrying, using, actively displaying or threatening with the use of a firearm facsimile that could reasonably be mistaken for an actual firearm on District property, when being transported in vehicles dispatched by the District or one of its schools, during a school-sponsored or District-sponsored activity or event, and off school property when such conduct has a reasonable connection to school or any District curricular or non-curricular event without the authorization of the school or School District is prohibited. Students who violate this policy provision may be subject to disciplinary action, including but not limited to suspension and/or expulsion, in accordance with Board policy concerning student suspensions, expulsions and other disciplinary interventions.

A student may seek prior authorization from the building principal to carry, bring, use or possess a firearm facsimile that could reasonably be mistaken for an actual firearm on school property for purposes of a school-related or non-school related activity. A student's failure to obtain such prior authorization is a violation of this policy provision and may result in disciplinary action, including but not limited to suspension and/or expulsion, in accordance with Board policy concerning student suspensions, expulsions and other disciplinary interventions. The principal's decision to deny or permit a student to carry, bring, use or possess a firearm facsimile that could reasonably be mistaken for an actual firearm on school property shall be final.

III.   Mandatory Expulsion

In accordance with federal law, expulsion shall be mandatory for no less than one full calendar year for a student who is determined to have brought a firearm to or possessed a firearm at school in violation of this policy. The Superintendent may modify the length of this federal requirement for expulsion on a case-by-case basis. Such modification shall be in writing.

IV.   Referral to Law Enforcement

In accordance with applicable law, school personnel shall refer any student who brings a firearm or weapon to school without authorization of the school or the school district to law enforcement. The school shall notify the student’s parent/guardian, as appropriate and as soon as possible which may be after the referral has been made.

LEGAL REFS:

18 U.S.C. § 921 (a)(3) (federal definition of "firearm") 20 U.S.C. § 7151 (Gun-Free Schools Act)
20 U.S.C. § 7151 (h) (requiring schools to have policies requiring referral to law enforcement)
C.R.S. § 22-32-109.1(2)(a)(I)(G) (policy required as part of safe schools plan)
C.R.S. § 22-33-102 (4) (definition of dangerous weapon)

CROSS REFS:

JB, Equal Educational Opportunities
All JD and JR policies, Student Conduct and Discipline Code