It is recognized that the possession of knives, pistols or other firearms or other weapons on school premises/property or at school functions by persons other than duly authorized law enforcement officials creates an unreasonable and unwarranted risk of injury or death to district employees, students, visitors, and guests. Because of such dangers, the School Board hereby prohibits the possession of knives, pistols, or other firearms or other weapons in any form by any person other than duly authorized law enforcement officials on school premises/property or at school functions, regardless of whether any such person possesses a valid permit to carry such knives, pistols, or other firearms or other weapons.
Any student who actually or constructively possesses any real or look-alike weapon, whether openly or concealed, including, but not limited to any gun, rifle, air pistol, BB gun, revolver, shotgun, starter gun, any other firearm (loaded or unloaded, operable or inoperable), knife, dagger, star knife, bowie knife, razor blade, sling shot, brass knuckles, numchucks, spiked gloves, spiked armband, spiked boots, fireworks, any explosive device, tear gas, or any other weapon or dangerous instrument which imposes a danger to the safety of students, faculty and visitors on educational property of the Ocean Springs School District shall have the following disciplinary action imposed:
The principal shall suspend the student out of school for a period of up to ten (10) days and shall recommend the student for expulsion.
The student shall be immediately suspended from school pending expulsion by the school board for a period of not less than nine weeks and not more than thirty-six (36) weeks from the date of the violation of this policy with the school board retaining the prerogative to modify expulsions on a case by case basis after consideration of the totality of the circumstances; however, in cases involving a violation of this policy, the board may choose not to assign a student to the alternative school.
Any student in any school who possesses any controlled substance in violation of the Uniform Controlled Substances Law, a knife, handgun, other firearm or any other instrument considered to be dangerous and capable of causing bodily harm or who commits a violent act on educational property as defined in Section 97-37-17, Mississippi Code of 1972, shall be subject to automatic expulsion for a calendar year by the superintendent or principal of the school in which the student is enrolled; provided, however, that the superintendent of the school shall be authorized to modify the period of time for such expulsion on a case by case basis. Such expulsion shall take effect immediately subject to the constitutional rights of due process, which shall include the student's right to appeal to the local school board. (MS Code Section 37-11-18)
Any disciplinary action administered in accordance herewith shall be subject to the requirements of Part B of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act.
For purposes of this policy, educational property shall include school buildings, school campus, school grounds, playgrounds, recreational areas, athletic fields, gymnasiums, restrooms, school buses, all property used and operated by the Ocean Springs School District for educational and instrumental purposes, as well as property used and operated by the Ocean Springs School District for school sponsored events such as graduation, awards, banquets, etc.
This policy shall also apply to the following:
1. Off site school sponsored events.
2. Any school sponsored activity.
3. Travel to and from school.
4. Attendance at and travel by students to participate in athletic programs, extracurricular activities, clubs, ceremonies, contests, field trips, competitions, etc.
5. Violations of this policy while on the campus of another institution while student may be present for purposes of participating in athletic programs, extracurricular activities, clubs, ceremonies, contests, field trips, competitions, etc.
For purposes of this policy, firearm is defined as follows: A. Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; B. The frame or receiver of any such weapon; C. Any firearm muffler or firearm silencer; or D. Any destructive device.
For the purpose of this policy, destructive device is defined as follows: A. Any explosive, incendiary, or poison gas (i.e., bomb, grenade, rocket having a propellant charge of more than four (4) ounces, missile having an explosive or incendiary charge of more than one-quarter (1/4) ounce, mine or device similar to any of the devices described in the preceding clauses); B. Any type of weapon by whatever name known which will, or which may be readily assembled.
The Board recognizes the fact that students are allowed to drive automobiles to school and the Board considers this to be a privilege. Students shall be notified that each student shall be responsible for the contents of the vehicle driven to school. Students shall be further advised of the responsibility to inspect their vehicles each day prior to entering the campus. The student handbook shall be supplemented so as to include notice in accordance herewith.
All pupils shall be held accountable for any knives, pistols or other firearms or other weapons which may be located in any vehicle, book bag, locker or any other personal property of the pupil and for which the pupil is aware of or should have been aware of. The extent of the pupil’s awareness of the presence of any knives, pistols or other firearms or other weapons shall be determined by school administration and shall be determined by considering all circumstances.
In cases in which the school administration determines that the student should have been aware of the presence of knives, pistols or other firearms or other weapons by conducting a reasonable inspection thereof, the pupil shall be suspended for up to ten (10) days and shall further forfeit campus parking privileges for the remainder of the school year.
A student shall be disciplined in accordance herewith for any weapon which is in the student’s vehicle and which should be been discovered upon inspection of the vehicle.
The Superintendent or his designee shall notify, in writing, the parent and/or guardian of any student determined to be in possession of a weapon in violation of this policy of any expulsion. Written notice shall also be provided to the local law enforcement agency and the Youth Court in accordance with law.
Any principal, teacher or other school employee who has knowledge of a violation of this policy shall notify the Superintendent or the Superintendent’s designee of said violation and it shall be
the duty of the Superintendent or his/her designee to immediately report the same to the local law enforcement agency.
LEGAL REF.: MS CODE Section 97-37-17 (1995)
ADOPTED: 08/08/2006
REVISED: 02/09/2010