NORTHFIELD BOARD OF EDUCATION FILE CODE: 5131.7
Northfield, New Jersey X Monitored
X Mandated
Policy X Other Reasons
WEAPONS AND DANGEROUS INSTRUMENTS
The Northfield Board of Education prohibits the possession and/or use of firearms, other weapons, or instruments that can be used as weapons on school property, on a school bus, at any school function, or while enroute to or from school or any school function.
For the purpose of this policy “weapon” includes but is not limited to those items enumerated in N.J.S.A. 2C:39-1r. The principal shall make the final determination that a particular object is a dangerous instrument in any case where there is a question of its possession or use posing a threat to students, staff or property.
Any student who is convicted or adjudicated delinquent for possession of a firearm or a crime while armed with a firearm or found knowingly in possession of a firearm on any school property, on a school bus, or at a school-based function shall be immediately removed from the school’s regular education program pending a hearing before the board to remove the student from the regular education program for a period of not less than one calendar year.
The principal shall be responsible for the removal of such a student and shall immediately report the removal to the Superintendent of Schools. The Superintendent of Schools may modify a student’s removal on a case-by-case basis. The principal shall also notify the appropriate law enforcement agency of a possible violation of the New Jersey Code of Criminal Justice.
A student found or observed on school property or at a school event in possession of a weapon or dangerous instrument other than a firearm shall be reported to the principal/designee immediately. The principal shall immediately inform the Superintendent of Schools/designee and appropriate law enforcement officials with all known information concerning the matter, including the identity of the student involved.
Assault by a student with a weapon on a teacher, administrator, board member or other employee of the board is strictly prohibited and shall result in the student’s immediate removal from the general education program for a period not exceeding one calendar year. Subject to a hearing before the board, the student shall be placed in an alternative education program.
The Superintendent of Schools shall determine at the end of the year whether the student is prepared to return to the regular education program in accordance with procedures established by the Commissioner of Education.
Disciplinary action shall be taken against students who possess, handle, transmit or use firearms, other weapons, or dangerous instruments. Classified students shall be disciplined in accordance with their IEP and in compliance with law and administrative code. As in all disciplinary cases, due process will be provided (see policies 5114 Suspension and Expulsion and 5131 Conduct/Discipline).
A violence and vandalism report shall be filed whenever a student is found to be in possession of a firearm, other weapon, or dangerous instrument.
Remotely Activated Paging Devices (Beepers)
No student shall bring or possess a remotely activated paging device on any property used for school purposes without the written permission of the Superintendent of Schools. Permission shall not be granted unless and until the student has established a reasonable basis for possessing the device.
Implementation
The board directs the Superintendent of Schools to develop regulations to implement this policy.
Adopted: August 3, 1998
NJSBA Review/Update: November 2009; December 2010
Readopted: October 24, 2011
Key Words
Weapons, Dangerous Instruments, Violence, Paging Devices, Beepers, Firearms
Legal References: N.J.S.A. 2A:4A-60 et al. Disclosure of juvenile information; penalties for disclosure
N.J.S.A. 2C:12-1 Definition of assault
N.J.S.A. 2C:33-19 Paging devices, possession by students
N.J.S.A. 2C:39-1 Definitions
N.J.S.A. 2C:39-5 Unlawful possession of weapons
N.J.S.A. 2C:39-6 Exemptions
N.J.S.A. 18A:6-1 Corporal punishment of students
N.J.S.A. 18A:36-19.2 Student locker or other storage facility; inspections;
notice to students
N.J.S.A. 18A:37-1 Submission of students to authority
N.J.S.A. 18A:37-2 Causes for suspension or expulsion of students
N.J.S.A. 18A:37-2.1
through –2.5 Assaults by student upon teacher, administrator, board
member or employee of board of education;
suspension; expulsion proceedings …
N.J.S.A. 18A:37-7 Zero Tolerance for Guns Act
through –12
N.J.A.C. 6A:14-2.8 Discipline/suspension/expulsion
N.J.A.C. 6A:16-1.1et seq. Programs to Support Student Development
See particularly:
N.J.A.C. 6A:16-1.3, -1.4,
-5.2, -5.4, -5.5, -5.6, -6.1,
-6.2, -6.3(b), -6.4
P.L. 103-382, Improving America’s Schools Act of 1994
Section 1702, Prohibits possession or discharge of a firearm in a school zone, Pub. L. 101-647
Attorney General’s Executive Directive No. 1988-1, Memorandum of Agreement
State in re T.L.O., 94 N.J. 331 (1983), reversed on other grounds, New Jersey v. T.L.O., 569 U.S. 325 (1985).
See also Commissioners’ Decisions indexed under “Students – Punishment of” in Index to N.J. School Law Decisions
No Child Left Behind Act of 2001, Pub. L. 107-110, 20 U.S.C.A. 6301 et seq.
The New Jersey School Search Policy Manual, New Jersey Attorney General (1998)
A Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials
Possible
Cross References: *5114 Suspension and expulsion
*5131 Conduct/discipline
*5131.5 Vandalism/violence
*5131.6 Drugs, alcohol, tobacco (substance abuse)
*5145.11 Questioning and apprehension
*5145.12 Search and seizure
*6172 Alternative educational programs
*Indicates policy is included in the Critical Policy Reference Manual.