15.1-19-10. Possession of a weapon - Policy - Expulsion from school

15.1-19-10. Possession of a weapon - Policy - Expulsion from school

1. The board of each school district shall adopt a policy governing the possession of

weapons and firearms on school property or at a school function and provide for the

punishment of any student found to be in violation of the policy.

2. The policy must:

a. Prohibit the possession of a dangerous weapon or a firearm by a student on

school property and at school functions and provide for the punishment of any

student found to be in violation.

b. Require a student who possesses a firearm in violation of this section to be

expelled for at least one year.

c. Authorize the school district superintendent or the school principal, if the school

district does not have a superintendent, to modify an expulsion for firearms

possession under this section on a case-by-case basis in accordance with criteria

established by the board. Before expelling a student, a school board or its

designated hearing officer, within ten days of the student's suspension, shall

provide the student with a hearing at which time the school board or its

designated hearing officer shall take testimony and consider evidence, including

the existence of mitigating circumstances. If a designated hearing officer orders

that a student be expelled, the student may seek a review of the decision by the

school board, based on the record of the expulsion hearing.

d. Include a referral mechanism to the criminal justice or juvenile delinquency

system for a student who possesses a firearm in violation of this subsection.

3. If a school district expels a student under this section, the district may authorize the

provision of educational services to the student in an alternative setting.

4. Actions under this section may not conflict with state special education laws or with the

Individuals With Disabilities Education Act [Pub. L. 91-230; 84 Stat. 121; 20 U.S.C.

1400 et seq.].

5. This section does not apply to any student participating in a school-sponsored

shooting sport, provided the student informs the school principal of the student's

participation and the student complies with all requirements set by the principal

regarding the safe handling and storage of the firearm.

6. For purposes of this section:

a. "Dangerous weapon" has the meaning provided in 18 U.S.C. 930(g)(2).

b. "Firearm" has the meaning provided in Public Law No. 90-351 [82 Stat. 197;

18 U.S.C. 921].

c. "School property" includes all land within the perimeter of the school site and all

school buildings, structures, facilities, and school vehicles, whether owned or

leased by a school district, and the site of any school-sponsored event or activity.