School Board Adopts Revised Weapons Policy

The Sumner County School Board voted unanimously to revise and update its policy for weapons/dangerous instruments on campus, including fine-tuning the communication process that occurs when such an item is found on a school campus.

Here's the policy with updates:

WEAPONS & DANGEROUS INSTRUMENTS

 

Students shall not possess, handle, transmit, use or attempt to use any dangerous weapon in school buildings or on school grounds at any time, or in school vehicles and/or buses or off the school grounds at a school-sponsored activity, function or event.¹

 

DEFINITIONS

 

Dangerous weapons for the purposes of this policy shall include, but are not limited to a firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. ²

 

"Expelled" for the purposes of this policy means removed from the pupil's regular school program at the location where the violation occurred or removed from school attendance altogether, as determined by Disciplinary Hearing Authority. Nothing in this section shall be construed to prohibit the assignment of such students to an alternative school.

 

POLICY

 

Any student found to have brought a weapon to school or is found in possession of a weapon on school property shall be immediately removed from the general student population at the principal’s discretion and referred to Disciplinary Hearing Authority for disposition as determined by the committee.

 

In order to ensure a safe and secure learning environment, the following offenses will not be tolerated:

 

FIREARMS (as defined in 18 U.S.C. § 921)

 

In accordance with state law, any student who brings or possess a firearm on school property shall be expelled for a period of not less than one (1) calendar year. The director of schools shall have the authority to modify this expulsion requirement on a case-by-case basis. ⁴

 

DRUGS

 

In accordance with state and federal law, any student who unlawfully possesses/distributes or is under the influence of any drug including any controlled substance, legend drug or prescription drug shall be expelled for a period of not less than one (1) calendar year. The director of schools shall have the authority to modify this expulsion requirement on a case-by-case basis. ⁵

 

ASSAULT

 

In accordance with state law, any student who commits aggravated assault, as defined in 39-13-102, upon any teacher, principal administrator, any other employee of the school or school resource officer shall be expelled for a period of not less than one (1) calendar year. The director of schools shall have the authority to modify this expulsion requirement on a case-by-case basis.⁵

 

VANDALISM OF SCHOOL PROPERTY OVER $500

 

Any student who commits vandalism of school property which results in the student being criminally charged with vandalism over $500 pursuant to T.C.A. § 39-14-408 shall be expelled for a period of not less than one (1) calendar year. The director of schools shall have the authority to modify this expulsion requirement on a case-by-case basis.⁵

 

OTHER OFFENSES

 

Any student who makes bomb threats, commits sexual misconduct that results in the student being criminally charged with sexual battery, sexual assault, indecent exposure, rape or aggravated sexual battery, shall be expelled for a period of not less than one (1) calendar year. The director of schools shall have the authority to modify this expulsion requirement on a case-by-case basis.⁵

 

THREATS

 

Any student who makes a threat of violence, whether written or verbal, which creates actual disruptive activity at the school that requires administrative intervention may be suspended and/or expelled as determined by the principal.  Students may be suspended and/or expelled for a time commensurate with age, maturity level, and intent as determined by the principal or other authorities. Depending on the circumstances, the principal may refer a student who make a threat of violence to the disciplinary hearing authority for disposition as determined by the committee.

 

ELECTRONIC THREATS

 

In accordance with state law, any student who transmits by an electronic device any communication containing a credible threat to cause bodily injury or death to another student or school employee and the transmission of such threat creates actual disruptive activity at the school that requires administrative intervention shall be expelled for a period of not less than one (1) calendar year. The director of schools shall have the authority to modify this expulsion requirement on a case-by-case basis.⁶

 

FACSIMILE WEAPONS

 

Toy weapons or facsimiles will not be permitted on school grounds.  Students who possess toy weapons or facsimiles of weapons including water guns may be suspended as determined by the principal.  Students may be suspended for a time commensurate with age, maturity level, and intent as determined by the principal. Depending on the circumstances, the principal may refer a student possessing a toy weapon or facsimile to the disciplinary hearing authority for disposition as determined by the committee.

 

The use of weapons and dangerous instruments in school plays, school bands, or any other school activity is prohibited unless sanctioned in advance and in writing by the Director of Schools.

 

NOTIFICATION

 

When it is determined that a student has violated this policy, the principal of the school shall notify the student’s parent or guardian and the criminal justice or juvenile delinquency system as required by law.⁷

 

It is the duty of a school principal who has reasonable suspicion to believe, either as a result of a search or otherwise, that any student is committing or has committed any violation of this policy to report such reasonable suspicion to the appropriate law enforcement officer. School personnel have the duty to report any reasonable suspicion that a student is committing or has committed a violation of this policy to the principal, or, if the principal is not available, to the principal's designee. If neither the principal nor the designee is available, school personnel may report violations of this policy to the appropriate authorities.

COMMUNICATION

 

Communication to the school board, parents, appropriate school staff, and the larger school community about specific incidents under this policy will be handled in on a case-by-case basis in consultation with the Director's Office determined by the following factors:

1.  Was the threat specific to an individual, group of individuals, or the larger school community

2.  Was the threat credible based on the assessment of law enforcement officials

3.  Is the threat potentially a criminal act that could impact the system’s ability to release information to parents and the general public

4.  The age, maturity, and intent of the student involved to commit an act inflicting death or serious bodily injury. ²

 

EMPLOYEES

 An employee found to possess a weapon on school property shall be disciplined up to and including dismissal.  Criminal charges may be filed.  Any other person in violation of this policy will be removed and appropriate criminal charges filed.  This includes anyone with a legal permit from Sumner County or the State of Tennessee to carry a gun. Constitutional and/or statutory exceptions to the provisions of this policy shall be recognized. 

 

_____________________ _______________________

Legal References: Cross References:

1. TCA 39-17-1309 Discipline Procedures 6.313

2. TCA 39-11-106(a)(5)(A)(B) Suspension/Expulsion/Remand 6.316

3. 18 U.S.C. 921

4. 20 U.S.C. § 8921; TCA 49-6-4216(b);TCA 49-6-3401(g)

5. TCA 49-6-3401(g);TCA 49-6-4216(b

6. TCA 49-6-4216(a)(2)(C)

7. TCA 49-6-4209; TCA 39-17-1312

 

 

 

 

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