NO CHILD LEFT BEHIND ACT
As required under the No Child Left Behind Act, the term firearm includes, but is not limited to, any weapon designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or destructive device. The term destructive device means any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or device similar to any or the devices described herein.
MISSISSIPPI STATE LAW
Any student who possesses 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 school property as defined in Section 97-37-17, Mississippi Code of 1972, shall be subject to automatic expulsion by the superintendent or principal of the school in which the student is enrolled. 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.
I. FIREARMS PROHIBITED
No student is permitted to bring a firearm on school property.
The school district may use video camera equipment in classrooms for the purpose of monitoring school disciplinary problems.
This school board may authorize a reward of up to $500.00 to any person who provides information that leads to the confiscation by the school district or by a law enforcement agency of any illegal firearm on school property. The name of any person who provides such information leading to the confiscation of an illegal firearm shall remain confidential. The superintendent is charged with the responsibility of insuring that procedures are in place to maintain such confidentiality. ' 37-3-84
II. DEFINITIONS: SEE ABOVE, UNDER NO CHILD LEFT BEHIND ACT
III. DISCIPLINARY ACTION
"School property" includes any school building, bus, campus, grounds, recreational area, athletic field or other property owned, used or operated by the District.
The penalty for bringing a firearm on school property shall be expulsion from the school program and all of its activities for a minimum period of one calendar year.
Any student who is charged with bringing a firearm on school property shall be automatically suspended for ten days and recommended for expulsion for a minimum period of one calendar year by the principal. The suspension shall take effect immediately following the provision of initial due process and pending the conclusion of due process on the recommendation of expulsion, all in accordance with Policies JCAA and all others subsequently adopted by the board.
The superintendent who receives a recommendation for expulsion may determine, based upon the particular circumstances of a given case, that other disciplinary action or alternative placement is appropriate and may make such recommendation to the board.
A student who is expelled for bringing a firearm on school property must apply for readmission to the regular school program as provided by Policies JCAA. Readmission may be granted by the board upon a documented showing that the student has participated in successful rehabilitative efforts including but not limited to progress in an alternative school or similar program.
Violations of the firearm prohibition stated in this policy shall be reported in accordance with Policies JCBF and JCBF-P.
The Mississippi Public School Accountability Standard for this policy is standard 37.
LEGAL REF.: MS Code as cited and ' 37-3-83; ' 37-11-18; ' 97-37-17
P. L. 107-110 (No Child Left Behind Act of 2001)
Mississippi Public School Accountability Standards
CROSS REF.: Policies EBBA School Safety Plan
JCBE Unlawful or Violent Acts
JCD Alternative School Program
JCDAE (2) Possession of Weapons on School Property