5.321 Possession of Weapons and Other Prohibited Articles

I. Definitions:

a. School property shall be defined as property owned, leased, operated or managed by the School Board, including, but not limited to, Schools, structures, conveyances, vehicles, buses, fields, sports complexes, board rooms, trails, playgrounds, parking lots, vacant lots, construction sites, fenced land, posted land, easements, and other property generally used for educational or School Board purposes.

b. Possession is defined to include on the student’s person, and in the student’s locker, other student storage space, or in the student’s vehicle when parked on school property.

c. Firearm shall mean any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. Weapon means any dirk, knife, metallic knuckles, razor, chain (when used as a weapon), slungshot, billie, tear gas gun, chemical weapon or device, other deadly weapon, or other prohibited item defined in Florida Statute 790.001.

II. No student while on school property or in attendance at a school sponsored function shall possess any firearm, weapon, or other prohibited item defined in Florida Statute 790.001.

III. Consistent with Florida Statute 1006.07, any student who brings a firearm or weapon, to school, to any school function, or onto any school-sponsored transportation, or who possesses a firearm at school, will be expelled, with or without continuing educational services, from the student’s regular school for a period of not less than 1 full year and will be referred to mental health services identified by the school district pursuant to Florida Statute 1012.584(4) and the criminal justice or juvenile justice system. The School Board may assign the student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. The Superintendent may consider the 1-year expulsion requirement on a case-by- case basis and request that the School Board modify the requirement by assigning the student to a disciplinary program or second chance school if the request for modification is in writing and it is determined to be in the best interest of the student and the school system.

IV. Violation of this policy shall be considered a “serious breach of student conduct” and shall be grounds for immediate suspension and/or expulsion. In absence of mitigating circumstances, possession of a prohibited article as defined in section I of this policy shall result in expulsion from the school for a period of not less than one year. Mitigating circumstances shall be defined as: circumstances that do not constitute a justification or excuse of the offense in question, but which, in fairness and mercy, may be considered as extenuating or reducing the degree of moral culpability. Such circumstances may be reason for a milder punishment.

V. Any weapon(s) or other prohibited article(s) found on school property or in possession of a student shall be confiscated by the principal or authorized law enforcement personnel. If the confiscated material is illegal, it shall be turned over to appropriate law enforcement personnel.

VI. Students and staff involved in a training program through a vocational program or ROTC, which teaches proper use and handling of weapons, are exempt from this rule, provided possession is for training purposes only.

Statuary Authority

Law(s) Implemented

History

Notes

1001.41(2), F.S.

1006.07(6), F.S.

Adopted: 08/21/01

Revision Date(s): 05/07/19, 02/20/24

Formerly: 7.310

Refer To: District Disciplinary Procedures Manual