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2512 George Mason Drive • P.O. Box 6038 Virginia Beach, Virginia 23456-0038   757.263.1000 • 757.263.1240 TDD

Policies and Regulations

School Board of the City of Virginia Beach
Regulation 5-36.4

STUDENTS

Weapons/Explosives/Fireworks

  1. Students are prohibited from possessing, handling, using, or distributing any weapon on School Board property (including any school bus), on the way to or from school or while at any school sponsored or related activities.

  2. Students are also prohibited from possessing, distributing, discharging, or participating in the discharge of any fireworks or similar item capable of producing a combustible or explosive reaction by fire, friction, concussion, percussion or detonation, including, but not limited to, firecrackers.

  3. Any student in grades 6-12 who is found to be in violation of Subsection A or B shall automatically be recommended for long-term suspension or expulsion and shall be reported to the police. Any student in grade K-5 who is found to be in violation of subsection A or B may receive a range of discipline in accordance with the Discipline Guidelines and based upon the circumstances of each case. Except that a student who possesses a firearm or pneumatic weapon on school property, at a school sponsored or related activity or while on the way to or from school shall be recommended for expulsion and shall be expelled absent the imposition of a lesser penalty by a hearing officer, the School Board or a disciplinary committee thereof. Additionally, any weapon, or any fireworks or similar item, involved in such violation shall be confiscated from the student and turned over to the police.

  4. For purposes of this regulation, the term "weapon" shall be defined as any instrument that (1) is used; (2) is capable of being used; (3) is designed to be used; or (4) appears to be capable of being used or designed to be used, in offensive or defensive combat, and shall include, but not be limited to, the following: (1) any firearm or pneumatic weapon; (2) any knife; (3) any object which is either designed or actually used to inflict bodily injury, or to place a person in fear of bodily injury; (4) any object which could reasonably be considered to be a weapon; (5) any object which, by its design or use, looks like a weapon (hereinafter referred to as a "look-alike weapon"); and (6) any object listed and/or defined in the Code of Virginia, §§ 18.2-308, 18.2-308.1 and 22.1-277.01, or in 18 U.S.C. § 921.

  5. Each principal shall be responsible for determining whether an object constitutes a "weapon" as defined in Subsection D, including items (3) - (6) in Subsection D.

  6. In determining whether an object which is not normally designed or intended for use as a weapon (e.g., a toy gun) could reasonably be considered to be a weapon or constitutes a "look-alike weapon", a principal should consider the following:

    1. Whether it is reasonable that a person would mistake the object for a weapon;

    2. Whether the object was used for the purpose of threatening, intimidating, harassing, or harming another person; and/or

    3. Whether it was the intent of the student who possessed, handled, used or distributed the object to cause another person, or other persons, to believe that the object was, in fact, a weapon.

  7. If a principal determines that an object constitutes a "weapon" as defined in Subsection D, he or she shall follow the requirements of Subsection C.

  8. If a principal determines that an object does not constitute a "weapon" as defined in Subsection D, the principal may nevertheless take such disciplinary action as he or she deems appropriate in accordance with the Code of Student Conduct.

Editor's Note

 For children with disabilities see School Board Regulation 5-21.3.

Legal Reference:

Code of Va., § 18.2-308., as amended, Personal protection; carrying concealed weapons; when lawful to carry.

Code of Va., § 18.2-308.1., as amended, Possession of firearm, stun weapon, or other weapon on school property prohibited.

Code of Va., § 18.2-85., as amended, Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penalties.

18 U.S.C. §§ 921, 930 (g) (2), as amended.

Individuals with Disabilities in Education Improvement Act - as amended.

Approved by Superintendent: July 16, 1991
Revised by Superintendent: September 21, 1993 (Effective August 14, 1993)
Revised by Superintendent: October 17, 1995
Revised by Superintendent: May 14, 1997
Approved by School Board: September 16, 1997
Amended by School Board: May 19, 1998
Amended by School Board: August 4, 1998
Amended by School Board: December 1, 1998
Amended by School Board: April 4, 2006