Firearms and Weapons

It is the policy of the Windham Northeast Supervisory Union and its member school districts to comply with the federal Gun Free Schools Act of 1994 and the equivalent Vermont statute 16 V.S.A. § 1166 or other state law requiring school districts to provide for the possible expulsion of students who bring firearms to or possess firearms at school. It is also the intent of the Windham Northeast Supervisory Union and its member school districts to comply with Vermont Statute 13 V.S.A. § 4004, prohibiting the possession of all dangerous or deadly weapons, replicas or facsimiles of any dangerous or deadly weapon, at school or on school grounds. It is further the intent of the Windham Northeast Supervisory Union and its member school districts to maintain a student discipline system consistent with the requirements of the federal Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act and the Vermont State Board of Education rules. Prohibited Conduct Possession and/or use of any dangerous or deadly weapon or facsimile of any dangerous or deadly weapon at school or on school grounds (including athletic fields, parking lots and leased facilities) or at school functions and events is prohibited and will not be tolerated under any circumstances. It is also a violation of this policy for any person to make, issue, or communicate by any means, a threat that a dangerous or deadly weapon has been, or will be placed or used on school grounds or property. 

This policy is in effect before, during and after school, as well as at any school sponsored activity for 24 hours a day and 7 days a week regardless of school breaks. This policy does not apply to a law enforcement officer while engaged in law enforcement duties or to weapons or facsimiles of weapons used in school functions or ceremonies as approved by the Board or the Superintendent. Additionally, the Superintendent upon notice to the School Board may specifically authorize the possession or use of a weapon for instructional, educational or other specific occasions and purposes. 

Definitions For the purposes of this policy, the terms "weapon", "firearm", "school" and "expelled" shall have the following meanings: Weapon as defined in 13 V.S.A. §4016 means any firearm, knife, fighting instrument or other weapon-like device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury. Examples of such weapons include knives, clubs, brass knuckles or nunchucks. Weapon also includes any reasonable facsimile, reproduction or replica of the above. It includes school grounds, buildings, parking lots, facilities, school-sponsored events whether held on or off of school grounds and vehicles used to transport students to and from school or school activities including school buses and personal vehicles. 

Expelled or Long Term Suspended shall mean the termination of educational services to a student for greater than a 10 day period. At the discretion of the Board, an expelled student may be afforded limited educational services at a site other than the school during the period of expulsion under this policy.

Sanctions for Firearm Violations: Any student who brings a firearm or destructive device to school or possesses a firearm or destructive device at school, as defined in 18 U.S.C. 921 shall be brought by the Superintendent to the School Board for a long term suspension or expulsion hearing. Following the opportunity for a hearing before the Board, a student found by the Board to have brought a firearm to school shall be long term suspended and expelled from the Windham Northeast Supervisory Union and its member school districts’ schools and events for at least one calendar year. However, the Board may modify the expulsion on a case-by-case basis when it finds circumstances such as, but not limited to:

• The student was unaware he or she had brought a firearm to school  

• The student did not intend to use the firearm to threaten or endanger others 

• The student is disabled and the misconduct is related to the disability 

• The student does not present an ongoing threat to others and a lengthy expulsion would not serve the best interests of the pupil. 

At the discretion of the school board and administration, an expelled student may be afforded limited educational services at a site other than the school during the period of expulsion under this policy. An expulsion hearing conducted under this policy shall afford due process as required by Law and Vermont State Board of Education Rules. In addition, any student who brings a firearm to school shall be referred to a law enforcement agency and a report may be made to the Vermont Department of Children and Families as necessary.