5131.7
AR
Administrative Regulation
Weapons And Dangerous Instruments
Weapons and dangerous instruments include, but are not limited to:
- Firearms: pistols, revolvers, shotguns, rifles, "zip guns," "stun guns," tasers, and any other device capable of propelling a projectile by the force of an explosion or other form of combustion
- Knives: any dirks, daggers or other weapons with a fixed, sharpened blade fitted primarily for stabbing, weapons with a blade fitted primarily for stabbing, weapons with a blade longer than 3-1/2 inches, folding knives with a blade that locks into place, and razors with an unguarded blade (Education Code 48915)
- Explosive and/or incendiary devices: pipe bombs, time bombs, cap guns, containers of inflammable fluids, and other hazardous devices
- Any instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, carbon dioxide pressure or spring action, or any spot marker gun (Penal Code 626.10)
- Any other dangerous device, instrument or weapon, especially those defined in Penal Code 12020, including a blackjack, slingshot, billy club, nunchaku, sandclub, sandbag, metal knuckles, or any metal plate with three or more radiating points with one or more sharp edges designed for use as a weapon
- Any imitation firearm, defined as a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm (Education Code 48900)
If an employee knows that a student possesses any of the above devices, he/she shall use his/her own judgment as to the dangerousness of the situation and, based upon this analysis, shall do one of the following:
- Confiscate the object and deliver it to the principal immediately
- Immediately notify the principal, who shall take appropriate action
- Immediately notify the local law enforcement agency and the principal
When informing the principal about the possession or seizure of a weapon or dangerous device, the employee shall report the name(s) of persons involved, witnesses, location, and the circumstances of any seizure.
The principal shall report any possession of a weapon or dangerous instrument, including imitation firearm, to the student's parents/guardians by telephone or in person, and shall follow this notification with a letter.
Legal & Management References
State
Ed. Code 35291 - Governing board to prescribe rules for discipline of the schools
Ed. Code 48902 - Mandatory notification of law enforcement authorities
Ed. Code 48915 - Required recommendation for expulsions
Ed. Code 48916 - Readmission
Ed. Code 48980 - Parent/Guardian notifications
Ed. Code 49330-49335 - Injurious objects
Ed. Code 49390-49395 - Homicide threats
Pen. Code 16100-17360 - Definitions
Pen. Code 22810-23025 - Tear gas weapon (pepper spray)
Pen. Code 245 - Assault with deadly weapon
Pen. Code 25200-25225 - Firearms; access to children
Pen. Code 30310 - Prohibition against ammunition on school grounds
Pen. Code 417.4 - Imitation firearm; drawing or exhibiting
Pen. Code 626.10 - Dirks, daggers, knives, razor or stun gun; bringing or possessing in school
Pen. Code 626.9 - Gun-Free School Zone Act of 1995
Federal
20 USC 6301-8961 - No Child Left Behind Act
20 USC 7961 - Gun-Free Schools Act
6 USC 665k - Federal Clearinghouse on School Safety Evidence-Based Practices
Management Resources
CSBA Publication - Safe Schools: Strategies for Governing Boards to Ensure Student Success, Third Edition, October 2011
U.S. Department of Education Publication - Guidance Concerning State and Local Responsibilities Under the Gun-Free Schools Act, 2018
Website - U.S. Department of Homeland Security, Fusion Centers
Website - California State Threat Assessment System
Website - CSBA District and County Office of Education Legal Services
Website - U.S. Department of Education, Safe Schools
Website - National Alliance for Safe Schools
Website - National School Safety Center
Website - U.S. Department of Education, Office of Safe and Drug Free Schools
Website - California Department of Education, Safe Schools
Website - CSBA
Cross References
0450 AR Comprehensive Safety Plan
1313 BP Civility
3515 AR Campus Security
3515.7 BP Firearms On School Grounds
3516.2 AR Bomb Threats
4158 AR Employee Security
4258 AR Employee Security
4358 AR Employee Security
5116.1 AR Intradistrict Open Enrollment
5125 AR Student Records
5131 BP Conduct
5131.41 AR Use Of Seclusion And Restraint
5136 AR Gangs
5137 BP Positive School Climate
5141.4 AR Child Abuse Prevention And Reporting
5144 AR Discipline
5144.1 AR Suspension And Expulsion/Due Process
5145.12 BP Search And Seizure
6184 AR Continuation Education