Student Possession of Dangerous Weapons, Policy No. 295

Printable PDF Board Policy 295

In order to provide a safe environment for the students and staff of the technology center, the board of education adopts this policy prohibiting the possession and/or use of dangerous weapons, replicas or facsimiles of dangerous weapons and items or instrumentalities which are used to threaten harm or are used to harm any person.

Dangerous weapons, including but not limited to firearms, are a threat to the safety of the students and staff of the technology center. In addition, possession of dangerous weapons, or replicas or facsimiles of dangerous weapons, disrupts the educational process and interferes with the normal operation of the technology center.

For the foregoing reasons and except as specifically provided below, possession by any student of a dangerous weapon, as that term is defined in this policy, or a replica or facsimile of a dangerous weapon, while on technology center property, at a technology center-sponsored activity, or on a technology center bus or vehicle, is prohibited. Further, use of any item or instrumentality by a student to threaten harm to any person or which is used to harm any person, while on technology center property, at a technology center sponsored activity, or on a technology center bus or vehicle, is prohibited.

For purposes of this policy, "possession of a dangerous weapon" includes, BUT IS NOT LIMITED TO, any person having a dangerous weapon: (1) on his or her person; (2) in his or her locker; (3) in his or her vehicle; (4) held by another person for his or her benefit; or (5) at any place on technology center property, a technology center bus or vehicle, or at a technology center activity.

A dangerous weapon includes, BUT IS NOT LIMITED TO, a pistol, revolver, rifle, shotgun, air gun or spring gun, B-B gun, stun gun, hand grenades, fireworks, slingshot, bludgeon, blackjack, brass knuckles or artificial knuckles of any kind, nun-chucks, dagger, bowie knife, dirk knife, butterfly knife, any knife, regardless of the length or sharpness of the blade, any knife the blade of which can be opened by a flick of a button or pressure on the handle, any pocketknife, regardless of the length or sharpness of the blade, any pen knife, "credit card" knife, razor, dart, ice pick, explosive smoke bomb, incendiary device, sword cane, hand chains, firearm shells or bullets, garrottes, choking devices, mace, pepper spray, and any item whose principal purpose is for use as a weapon, whether offensive or defensive, and any replica or facsimiles of any of the foregoing items, or any item or instrumentality which is used to threaten harm or is used to harm any person or any chemical, material or substance which can cause an irritation to or reacts with human tissue, or any chemical, material or substance used, given, applied to or administered to another person without that person’s consent. THE FOREGOING LIST OF "DANGEROUS WEAPONS" IS DESCRIPTIVE AND BY WAY OF EXAMPLE ONLY AND IS NOT TO BE CONSIDERED AN EXCLUSIVE OR LIMITING LIST OF DANGEROUS WEAPONS. IT WILL NOT BE A DEFENSE TO ANY DISCIPLINARY ACTION UNDER THIS POLICY THAT THE STUDENT POSSESSING THE DANGEROUS WEAPON DID NOT KNOW THAT IT IS A DANGEROUS WEAPON, BUT SUCH CLAIM OF A LACK OF KNOWLEDGE MAY BE CONSIDERED IN MITIGATION OF ANY DISCIPLINARY PENALTY.

Any student in possession of a dangerous weapon, or replica or facsimile of a dangerous weapon, in violation of this policy or who uses any item or instrumentality to threaten harm to any person or is used to harm any person may be placed under emergency suspension from technology center, pending an investigation of the incident by the appropriate technology center or legal authorities. Students who violate this policy may be suspended from technology center, barred from technology center property and all technology center activities for any period of time up to the maximum period authorized by law. Additionally, appropriate technology center staff members may seek to file criminal charges against the student.

If a teacher or other technology center employee has a reasonable suspicion to believe that a student is in possession of a dangerous weapon, or a replica or facsimile of a dangerous weapon, the teacher or employee shall immediately investigate the matter and shall confiscate any such weapon found if this can be accomplished without placing any students or staff in jeopardy, and shall immediately notify the superintendent or the superintendent's designee. If the teacher or employee does not believe that the weapon can be confiscated safely, the teacher or employee shall immediately notify the superintendent or the superintendent's designee of the situation.

If the superintendent or his/her designee learns that a student is believed to be in possession of a dangerous weapon or replica or facsimile thereof, the superintendent or designee shall observe the following procedure:

1.      Immediately investigate the matter and contact the police or campus security, if appropriate.

2.      If not already confiscated by an employee of the technology center and if it can be accomplished without risk of injury, the superintendent or designee should take possession of the dangerous weapon or replica or facsimile.

3.      Notify the superintendent or designee.

4.      Notify the student's parents.

5.      Cooperate fully with the police.

6.      Transfer confiscated weapon to the police department, if feasible.

A student who has been suspended from a K-12 school or another technology center because of the possession of a dangerous weapon, or replica or facsimile of a dangerous weapon, shall not be accepted as a transfer student into the technology center.

An exception to this policy may be granted for students participating in an authorized curricular or extracurricular activity or team involving the use or demonstration of a dangerous weapon, or replica or facsimile of a dangerous weapon. For this exception, prior written approval by the superintendent is required. Students who participate in JROTC may also be granted an exception to bring an inoperable weapon onto campus for the limited purpose of participating in a school program. The director must approve this exception in advance, the weapon must remain inoperable at all times while on campus, and the weapon must not be used in a manner which is inconsistent with the permission granted.

A student's inadvertent or unintentional possession of a dangerous weapon or replica or facsimile thereof on technology center property, a technology center bus or vehicle, or at a technology center activity is no defense or excuse to compliance to this policy, but may be considered in determining the length or severity of any punishment for violation of this policy.

Notwithstanding any of the foregoing provisions, rights of due process for all students and rights of disabled students must be observed in accordance with applicable law and technology center board policies.

Adult Students and Handguns on School Campus

HB 1652 amended OKLA. STAT. tit. 21 § 1277 by designating the limited areas in which concealed handguns can be located on a technology center campus. Adult students may not carry a gun into any technology center school facility (including offices, common areas, or structures of whatever type or kind). Likewise, it is unlawful for any adult student to carry a handgun onto the campus of a K-12 school whether or not the adult student is engaged in an activity related to the technology center in which the student is enrolled. Students found in possession or control of a handgun in violation of school policies and applicable state or federal laws will suffer the most severe disciplinary consequences available, including removal from school, and referral of unlawful handgun possession or storage to authorities for criminal prosecution. The only area adult students, who have a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, may have a handgun on a technology center campus is in the parking lot of the school campus, provided the handgun is carried or stored as required by law.