|Firearms and Weapons|
Purpose.The School Board of Palm Beach County (School Board) believes that the presence of weapons and firearms on school property poses a serious threat to the safety and well being of students and staff. Thus, the School Board desires to maintain a positive, safe and secure learning and working environment in the Palm Beach County School District (School District), consistent with Florida laws.
Applicability of Policy. This policy is applicable to all District students, employees, independent contractors and visitors.
Definitions: For the purposes of this policy, the following terms shall have the following meanings.
"Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.
"Independent Contractor" means any person or company other than a School District employee, who provides goods and/or services to the School District and enters into a contracted agreement with the School District.
"Trespasser" means any person who:
Does not have legitimate business on the campus or any other authorization, license or invitation to enter or remain upon school property; or
Is a student currently under suspension or expulsion; or
Any person who enters or remains upon the campus or other facility of a school after the principal of such school, or his or her designee, has directed such person to leave such campus or facility or not to enter upon the campus or facility.
"Electric weapon or device" means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.
"Weapon" means any dirk, knife, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, razor blade, box cutter, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.
"School" means the grounds or any facility of any preschool, elementary school, middle school, junior high school, secondary school, or career center of the School District.
"District vehicles" mean School Board owned, rented or leased vehicles that are used in the performance of work duties for the District.
Exceptions for Firearm Possession. The prohibition against possession of a firearm as provided herein shall not apply to:
A firearms program, class or function, as JROTC, which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried.
A career center having a firearms training range.
Law enforcement officers, as defined by state or federal laws.
Any District employee/contractor or vendor who is required as part of his/her regular job responsibilities with the School District to carry a firearm as approved by the Superintendent or his/her Designee.
Policy Statements. Except as stated in Section 4 above, no person shall possess and/or use of any firearm, electric weapon or device, destructive device, or other weapon as defined above at a school-sponsored event, on the property of any school, on a school bus, at any school bus stop, or on any District vehicle, or at any meeting of the School Board.
Prohibition in School Parking. For the purposes of student and school campus parking, the Board waives the exception in Sec. 790.115(2)(a)(3), Fla. Stat. Thus, no person shall possess a firearm in any vehicle, locked or unlocked, parked on any school property, at any school facility, or at any school sponsored events.
Consequences of Violations.
Students. Any student found to be in violation of this policy shall be disciplined in accordance with the Student Code of Conduct, as provided for in Board Policies 5.18, 5.1812 and 5.1813. Students who violate these policies may be suspended or expelled, and may be immediately referred to legal authorities.
Students with Disabilities. If the student alleged to be violating this policy is a student with disabilities, the discipline of the student is governed by federal laws, state, State Board of Education Rules and Board Policies 5.189 or 5.1891.
Employees. Any District employee found to be in violation of this policy, or being in possession of a firearm or weapon in the work place unrelated to the individual’s job duties, shall be subject to discipline, up to and including termination, in accordance with Board policies and/or the pertinent collective bargaining agreement, and may be immediately referred to legal authorities.
Consequences for Employees and Independent Contractors. All Contract Agreements with Independent Contractors shall provide that if any employee of an Independent Contractor or Sub-Contractor is found to have brought a firearm on School property, said employee will be terminated from the School District project by the Independent Contractor or the Sub-Contractor. If the Sub-Contractor fails to terminate said employee, the Sub-Contractor's Agreement with the Independent Contractor for the School District project shall be terminated. If the Independent Contractor fails to terminate said employee or fails to terminate the Agreement with the Sub-Contractor who fails to terminate said employee, the Independent Contractor's Agreement with the School District shall be terminated.
|STATUTORY AUTHORITY:||Fla. Stat. §§; 1001.41; 1001.42; 790.115(3)|
|LAWS IMPLEMENTED:||Fla. Stat. §§ 790.001; 790.33; 790. 251; 790.25, 790.115|
|HISTORY:||(previously as 3.26) 01/18/95; 5/6/99; 10/19/2011-ER; 11/22/2011|