HIBBING PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT 701

BOARD POLICY 501
SERIES: 500 Students
SUBJECT: 501 School Weapons
ADOPTED:  
REVISED:  


The following definitions shall be used to clarify this policy:

1. “Weapon” means any object, device, or instrument designed as a weapon or through its use is capable of threatening or producing bodily harm or which may be used to inflict self-injury including, but not limited to, any firearm, whether loaded or unloaded; air guns; pellet guns; BB guns; all knifes; blades; clubs; metal knuckles; numchucks; throwing stars; explosives; fireworks; mace and other propellants; stun gun; ammunition; poisons; chains; arrows; and objects that have been modified to serve as weapons.

“Weapon: also includes any object, device, or instrument have 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 that is a facsimile of a real weapon.

“Weapon” also includes articles designed for other purposes (i.e. belts, combs, pencils, files, scissors, etc.), and used to inflict bodily harm and/or intimidate and such use will be treated as the possession and use of a weapon.

2. “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 vehicles, school-contracted vehicles, the area of entrance or departure from school premises or events, all locations where school-related functions are conducted and anywhere students are under the jurisdiction of the school district.

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


Exceptions
1. 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 dangerous 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 over to an administrator, teacher, or head coach or immediately notifies an administrator, teacher or head coach of the weapon’s location.

2. It shall not be a violation of this policy if a nonstudent falls within one of the following categories:
a. licensed peace officers, military personnel, or students participating in military training, who are on duty performing official duties;
b. person authorized to carry a pistol under Minn. Stat., Section 624.714, while in a motor 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;
c. persons who keep or store in a motor vehicle pistols in accordance with Minn. Stat. Sections 624.714 o 624.715, or other firearms in accordance with Section 97B.045;
d. firearm safety or marksmanship courses or activities conducted on school property;
e. possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard;
f. 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.


Instructional Equipment/Tools
The school district takes a firm “Zero Tolerance” position on the possession, use, or distribution of weapons by students, and a similar position with regard to nonstudents.  This position is not meant to interfere with instruction or the use of appropriate equipment and tools by students or nonstudents.  When such equipment and tools, are properly possessed, used, and stored it shall not be considered in violation of the rule against the possession, use, or distribution of weapons.  However, when authorized instructional and work equipment and tools are used in a potentially dangerous or threatening manner, such possession and use will be treated as the possession and use of a weapon.

Consequences for Student Weapon Possession/Use/Distribution
The school district and the school takes a position of “Zero Tolerance” in regard to the possession, use, or distribution of weapons by students.  Consequently, the minimum consequence for students possessing, using, or distributing weapons shall include:
a. immediate out-of-school suspension;
b. confiscation of the weapon;
c. immediate notification of police;
d. parent or guardian notification; and
e. recommendation to the superintendent of dismissal for a period of time, not to exceed one year.

The superintendent may use discretion in determining whether, under the circumstances, course of action other than the minimum consequences specified above is warranted.  If so, other appropriate action may be taken, including consideration of a recommendation for lesser discipline.


Consequences for Nonstudent Weapon Possession/Use/Distribution
1. Employees
An employee who violates the terms of this policy is subject to disciplinary action, including nonrenewal, suspension, or discharge as deemed appropriate by the school board. This action shall be pursuant to and in accordance with applicable statutory authority, collective bargaining agreements, and school district policies.  Law enforcement may be notified, as appropriate.

2. Other Nonstudents
Any member of the public who violates this policy shall be informed of the policy and asked to leave the school location.  Depending on the circumstances, the person may be barred from future entry to school locations.  I n addition, if the person is a student in another school district, that school district may be contacted concerning the policy violation.  If appropriate, law enforcement will be notified of the policy violation and may be asked to provide an escort to remove the member of the public from the school location.




Legal References:
M.S. 121A.40-121A.56 (Pupil Fair Dismissal Act)
M.S. 121A.44 (Expulsion for possession of firearm)
M.S. 121A.05 (Referral to police)
M.S. 609.66 (Dangerous weapons)
M.S. 609.605 (Trespass)
M.S. 609.02, Subd. 6 (Definitions)
M.S. 97B.045 (Transportation of firearms)
M.S. 624.714 (Carrying of weapons without permit; penalties)
M.S. 624.715 (Exemptions; antiques and ornaments)
18 U.S.C. 921 (Definition of firearm)