5089 - Weapons Prohibition Other Than Students

Policy 5089 weapons prohibition other that students title box

I. Policy.

It is the policy of the Directors of the Southwest Vermont Supervisory Union, Bennington School District, Inc., Mount Anthony Union School District, North Bennington Graded School District, Pownal School District, Shaftsbury School District, and Woodford School District board to comply with Title 13, Sections 4003 and 4004. Those sections prohibit the possession of dangerous or deadly weapons in a school bus, a school building or on school property by any person.

II. Conduct Prohibited.

Possession and/or use of any dangerous or deadly weapon or facsimile of any dangerous or deadly weapon in any school building on school grounds or property is strictly prohibited. It is a violation of this policy for any persons to possess or bring a weapon: to school, on school grounds, on school buses, and/or at school functions.

This policy is in effect before, during and after school, as well as at any school sponsored activity. This policy does not apply to a law enforcement officer while engaged in law enforcement duties or to weapons or facsimiles of weapons approved in advance by building principal for use in school functions or ceremonies.

III. Weapons Defined:

A. "Dangerous or deadly weapon" means:
  1. Any knife, dagger, switchblade or, a folding knife with a blade in excess of two and one-half inches. Any folding knife with a blade less than two and one half inches, including a pocket knife and pen knife, shall be considered a dangerous or deadly weapon if it is used, threatened to be used, or possessed in a threatening manner or with the intent to cause harm to any person.
  2. Any other weapon, 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.
  3. Articles designed for other purposes but which could easily be used to inflict serious bodily harm and used by a person in a threatening manner. Examples are files, compasses, scissors, etc. A person who uses any article capable of inflicting serious bodily harm in an aggressive, belligerent or threatening manner, shall be deemed to be in possession of a weapon.
  4. Weapons as defined in Section 921 of the Federal Gun-Free Schools Act including the following:

  5. (a) any weapon (including a starter pistol) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or by gas or air;
    (b) the frame or receiver of any weapon described above;
    (c) any firearm muffler or firearm silencer;
    (d) any destructive device, including explosives, incendiaries, or poison gas, including but not limited to:
    (i) bomb
    (ii) grenade
    (iii) rocket having a propellant charge of more than four ounces
    (iv) missile having an explosive or incendiary charge of more than one-quarter ounce;
    (v) mine; or
    (vi) similar device,
    unless such destructive device is under the supervision of a teacher and used as part of the curriculum.
    (e) Any other articles readily capable of causing death or serious bodily injury. Examples are firearms, a B-B gun, pellet gun, knuckles, switch blade/butterfly/ and other types of knives, chains, clubs, stars, etc.
    (f) any combination of parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples and from which a destructive device may be readily assembled.
    (g) a hoax device, defined as any device so designed, assembled, fabricated or manufactured as to convey the physical appearance of an explosive or incendiary bomb or the physical appearance of any of the devices enumerated in subdivisions (a)-(f) of division 4. of this section, which is lacking an explosive or incendiary charge.

B. "School grounds or property" means: facilities, buildings, fields, and grounds areas; vehicles owned, leased or used by the District to transport persons to and from school or school activities; parking lots (including vehicles in the parking lots); or any other setting which is under the permanent or temporary supervision and/or control of the School District.

Policy 5089 warning and adoption dates