JICI – Weapons in School

The Board of Education determines that possession and/or use of a weapon by students is detrimental to the welfare and safety of the students and school personnel within the District. Possession is defined as having physical possession of a weapon, dangerous weapon and/or firearm facsimile, or the weapon, dangerous weapon and/or firearm facsimile being under the control of a student whether it be in a car, locker, backpack, or other location, under the control of or belonging to the student while on District property.
Students who carry, bring, use, or possess a weapon, dangerous weapon and/or firearm facsimile, in violation of this Policy JICI, may be subject to disciplinary action in accordance with Board policy concerning student suspensions, expulsions and other disciplinary interventions. District administrators shall consider violations of this policy provision on a case-by-case basis to determine whether suspension, expulsion or any other disciplinary action is appropriate based upon the individual facts and circumstances involved. I. Definition of a Weapon As used in this policy, "weapon" means any object which is generally used for nonviolent or non-dangerous purposes, but which can be considered a weapon under this policy as a result of its use, its potential use or its intended or threatened use. For example, a baseball bat is ordinarily not considered a weapon; however, when used or threatened to be used to strike the head of another person in a fight, it will be considered a weapon under this policy. Examples of objects which may, under given circumstances, be weapons include, but are not limited to, flare guns, rocks, bottles and cans, chains, shoes, especially military style boots, bats, ropes, mace or similar noxious chemical substances used in a threatening or improper manner. II. Dangerous Weapons Carrying, bringing, using or possessing a dangerous weapon on District property, when being transported in vehicles dispatched by the District during a school-sponsored or District-sponsored activity or event without the authorization of the District, and off District property when the conduct has a reasonable connection to any District curricular or non-curricular event is prohibited. An exception to this policy may be made for students participating in an authorized extracurricular activity or team involving the use of firearms. As used in this policy, the following are presumptively "dangerous weapons":
  1. A firearm, whether loaded or unloaded, as defined in C.R.S. § 18-1-901(3)(h).
  2. Any pellet, BB gun or other device, whether operational or not, designed to propel projectiles by spring action or compressed air, or a flare gun, which discharges flares, blanks, and/or smoke.
  3. A fixed blade knife with a blade that measures longer than three inches in length or a spring-loaded knife or a pocket knife with a blade longer than three and one-half inches.
  4. Any other object, device, instrument, material, or substance, whether animate or inanimate, used or intended to be used to inflict death or serious bodily injury including, but not limited to slingshot, nunchucks, spring gun, throwing star, bludgeon, brass knuckles or artificial knuckles of any kind.
In accordance with federal law, expulsion shall be mandatory for no less than one full calendar year for a student who is determined to have brought a firearm to or possessed a firearm on District property in violation of this policy. The Superintendent may modify the length of this federal requirement on a case-by-case basis. Any such modification shall be in writing. III. Firearm Facsimiles Additionally, the carrying, using, actively displaying or threatening with the use of a firearm facsimile that could reasonably be mistaken for an actual firearm on District property, when being transported in vehicles dispatched by the District during a school-sponsored or District-sponsored activity or event without the authorization of the District, and off District property when such conduct has a reasonable connection to any District curricular or non-curricular event is prohibited. Students who violate this policy provision may be subject to disciplinary action including but not limited to suspension and/or expulsion. A student may seek prior authorization from the building principal to carry, bring, use or possess a firearm facsimile that could reasonably be mistaken for an actual firearm on school property for purposes of a school-related or non-school related activity. A student's failure to obtain such prior authorization is a violation of this policy provision and may result in disciplinary action, including but not limited to suspension and/or expulsion. The principal's decision to deny or permit a student to carry, bring, use or possess a firearm facsimile that could reasonably be mistaken for an actual firearm on school property shall be final. IV. Discretionary Suspension or Expulsion for Knives The Board of Education determines that extra precautions are important and necessary to provide for student safety, particularly given the mandates of the Claire Davis School Safety Act. Therefore, the carrying, bringing, using or possessing of any knife, regardless of the length of the blade, on District property, when being transported in vehicles dispatched by the District during a school-sponsored or District-sponsored activity or event, and off District property when the conduct has a reasonable connection to any District curricular or non-curricular event without express authorization is considered to be behavior detrimental to the safety and welfare of the student, other students and school personnel and is therefore prohibited. Students who violate this policy shall be referred for appropriate disciplinary proceedings. V. Recordkeeping The District shall maintain records which describe the circumstances involving expulsions of students who bring weapons to school including the name of the school, the number of students expelled and the types of weapons involved as required by law. VI. Referral to Law Enforcement In accordance with applicable law, District personnel shall refer any student who brings a firearm or weapon to a school-sponsored or District-sponsored activity, or on District property, without authorization of the District, to law enforcement. Originally Adopted: December 8, 2003 Last Revised: August 13, 2012 Current Revision: April 10, 2023
Cross References: JKD,Suspension/Expulsion of Students
JKD-2 – Discipline of Students with Disabilities
KFA – Public Conduct on School Property
Legal References: 18 U.S.C. § 921 (a)(3) (federal definition of"firearm")
20 U.S.C. § 7151(Gun Free Schools Act)
20 U.S.C. § 7151(h)(requiring schools to have policies requiring referral to law enforcement)
C.R.S. § 18-1-901(3)(h)(state law definition of "firearm")
C.R.S. § 22-32-109.1 (2)(a)(I)(G) (policy required as part of safe schools plan)
C.R.S. 22-33-102(4) (definition of dangerous weapon)
C.R.S. § 22-33-106(1) (grounds for suspension, expulsion and denial of admission)
C.R.S. 22-33-106(1)(f) (must adopt policy regarding firearm facsimiles)
C.R.S. § 24-10-106.3 (Claire Davis School Safety Act)
People v. Saleh, 45 P.3d 1272 (Colo. 2002)
Adoption Date: December 08, 2003 Last Revised: April 10, 2023
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