Policies and Regulations

School Board of the City of Virginia Beach
Regulation 5-36.2

STUDENTS

False Fire Alarms/Bomb Threats/911 Calls/Threats Against a Person/Hoaxes-Imitation Infectious Biological, Toxic, or Radioactive Substances

A. False Fire Alarms/Bomb Threats/911 Calls

Activating a fire alarm without cause, making a false 911 emergency call, making a bomb threat, including false threats, against division personnel or School Board property, or encouraging, inciting, enticing, or soliciting any person to commit such a threat is unlawful and forbidden. Students guilty of this offense will be disciplined in accordance with the Code of Student Conduct and the Discipline Guidelines and shall be reported to Police.

B. Threats Against a Person

Written Threat: Communicating a written threat (including by electronic means), causing a reasonable apprehension of death or bodily harm, against any person or persons who are on the way to or from school, on school property, at any school-sponsored extra-curricular or related activity, on a school bus, or while at a school bus stop is prohibited. A student shall be in violation of this rule regardless of whether the person who is the object of the threat receives the threat, so long as a reasonable person would foresee that the statement would be interpreted, by those to whom the maker communicates the statement, as a serious expression of intent to harm or assault or it materially disrupts the learning environment, involves substantial disorder, or invasion of rights of others.
Oral Threat: Making an oral threat to do bodily harm to any employee or student of any school while on a school bus, or on the way to or from school, on school property, or at school-sponsored extra-curricular or related activity is prohibited. A student shall be in violation of this rule regardless of whether the person who is the object of the threat receives the threat, so long as a reasonable person would foresee that the statement would be interpreted, by those to whom the maker communicates the statement, as a serious expression of intent to harm or assault or it materially disrupts the learning environment, involves substantial disorder, or invasion of rights of other.

C. Hoaxes – Imitation Infectious Biological, Toxic, or Radioactive Substance

Students are forbidden from: threatening injury to the person or property of another by the use of an imitation infectious biological, toxic, or radioactive substance; use of an imitation infectious biological, toxic or radioactive substance in such a manner as to place any person in reasonable apprehension of death or bodily harm, or with the intent to disrupt or interfere with the operations of any school, school bus or school-sponsored extra-curricular event or activity; to possess, manufacture, sell, give or distribute an imitation infectious biological, toxic or radioactive substance with the intent to place a person in reasonable apprehension of death or bodily harm; or to knowingly release or place, or cause or procure to be released or placed in, on or around any school, school bus, school event or school activity any imitation infectious biological, toxic, or radioactive substance with the intent to place any person in reasonable apprehension of death or bodily harm. Students violating this rule shall be disciplined in accordance with the Code of Student Conduct and the Discipline Guidelines and reported to Police.

Definitions

“Imitation infectious biological substance” means a substance, in any form whatsoever, which is not an infectious biological substance and which:

by overall appearance, including color, shape, size, marking, packing or by representations made, would cause a reasonable likelihood that such substance in any form whatsoever would be mistaken for an infectious biological substance; or
by express or implied representation purports to act like an infectious biological substance.

“Infectious biological substance” means any bacteria, virus, fungi, protozoa, or rickettsiae capable of causing death or serious injury.

by overall appearance, including color, shape, size, marking, packaging or by representations made, would cause a reasonable likelihood that such substance in any form whatsoever would be mistaken for a toxic substance; or
by expressed or implied representation purports to act like a toxic substance.

“Toxic substance” means any substance, including any raw materials, intermediate products, catalysts, final products, or by-products of any manufacturing operation conducted in a commercial establishment, that has the capacity, through its physical, chemical or biological properties, to pose a substantial risk of death or impairment either immediately or over time, to the normal functions of humans, aquatic organisms, or any other animal.
“Imitation radioactive substance” means a substance, in any form whatsoever, which is not a radioactive substance and which:

by overall appearance, including color, shape, size, marking, packaging or by representations made, would cause a reasonable likelihood that such substance in any form whatsoever would be mistaken for a radioactive substance.
by expressed or implied representation purports to act like a radioactive substance.

“Radioactive substance” means any substance that emits ionizing radiation spontaneously.

D. Procedure

When a principal or his/her designee or assistant principal determines under the foregoing definitions that a student makes a threat to injure another person, to bomb the school or creates a hoax through the use of imitation infectious biological, toxic or radioactive substances, the following procedure should be followed by the principal/designee or assistant principal:

Notify the parent or guardian of the student making the threat and inform the parent/legal guardian or adult student what procedures will be followed.
The school guidance counselor, in coordination and consultation with the school principal, will review the student’s file and interview the student to determine the origin and circumstances of the present situation and the seriousness of the student’s intent and plan to carry out the threat. Prior consent must be obtained from the parent/legal guardian of a minor student before a consultation occurs.
If circumstances warrant, the student may be placed on out-of-school suspension pending the outcome of the investigation, during which a recommendation for long-term suspension may or may not be made, contingent upon the outcome of the investigation. (A lesser sanction for students K thru 5 may be imposed if the principal deems appropriate in accordance with the Disciplinary Guidelines.) Although the student may be placed on suspension, an appointment for an interview should be set at a time convenient and appropriate to parties involved.
If deemed necessary by the principal or guidance counselor, consultation with the Office of Student Leadership and/or the school psychologist may be recommended. If a follow-up interview by the school psychologist is deemed necessary, consent of the parent/legal guardian of a minor student is required.

If consent cannot be obtained, the school psychologist may not complete the follow-up interview. Discipline action, as appropriate, will be taken based upon available information.

The purpose of the investigation is to determine the origin and circumstances of the present situation and the seriousness of the student’s intent and plan to carry out the threat.
If it is determined there is a potential for violence, notify the school resource officer/police to include the threat and name, address, and phone numbers of the student and potential victims.
If it is determined through investigation that the student has made a serious threat and it is reasonable to believe that the student has the intent and the ability to carry out that threat immediately or imminently and that threat is directed at specific individuals, then reasonable attempts should be made to contact those individuals or the parents/legal guardians of those individuals if they are under 18 or both and inform them that they are potential victims.
Have school social worker make a home visit if deemed necessary.
If the investigation determines that the student does not represent a threat to self or others, allow the student to return to school following the completion of the assigned suspension, as warranted.
If the investigation determines that the student represents an unacceptable threat to self or others, refer to the Office of Student Leadership, with recommendation for long-term suspension or expulsion.
For students with disabilities, the procedures set forth in Regulation 5-21.3 shall be followed.

Legal Reference:

Code of Va., § 18.2-60. Threats against a person.

Code of Va., § 18.2-83. Threats to bomb or damage buildings or means of transportation; false information as to danger to such buildings, etc.; punishment; venue.

Code of Va., § 18.2-84. Causing, inciting, etc., commission of act proscribed by § 18.2‑83.

Code of Va., § 22.1-280.1. Reports of certain acts to school authorities.

Code of Va., § 54-1-2400.1. Mental health service providers; duty to protect third parties; immunity.

City of Virginia Beach Ordinance #2674 adopted November 6, 2001 adding City Code Section 23.8.2 prohibiting certain uses of imitation infectious biological, toxic, or radioactive substances.

Tinker v. Desmoines Indep. Comm. Sch. Dist., 393 US 503 (1969).

No Child Left Behind Act of 2001.

Discipline Guidelines/Code of Student Conduct.

School Board Policy 6-75 - Psychological Tests

Approved by Superintendent: July 16, 1991
Adopted by School Board: August 2, 2000
Amended by School Board: March 5, 2002
Amended by School Board: October 7, 2003
Amended by School Board: April 4, 2006