Puerto Rico School Discipline Laws & Regulations: Firearms and Other Weapons Violations

(60) Establish, in accordance with §§ 4001 et seq. of Title 18, the Drug-Free and Weapon-Free School Program, for the purpose of promoting a peaceful and safe environment within the schools and school zones of the Public Education System.

(1) To receive an education directed to the full development of their personality, intellectual capacities, as well as strengthening human beings and their fundamental freedoms.

(2) Special education programs shall promote the optimum development of the personality, as well as the physical, mental, and cognitive abilities of special needs students by providing them with an education and the tools for their integration into society.

(3) Parents shall have the right and the obligation to be informed of their children's academic performance as well as the responsibility to ensure their children's compulsory school attendance.

(4) Students shall have the right to know the evaluation process criteria to which they shall be subjected when their school work is graded and evaluated; and to be notified of their academic progress.

(5) Students shall have the right to a bilingual education that teaches them to communicate fluently in English and Spanish, at the very least, which are the two official languages of Puerto Rico.

The parents of students who are unemancipated minors or, in default thereof, their guardian or custodian, may inform the Department of Education of their desire to provide the student with instruction in English. To such effects, they may request admission to any of the specialized schools for said purpose subject to seat availability and following the rules and regulations of the Department.

(6) Freedom of Expression.- Every student shall have the right to express his opinions as well as to orderly and respectfully disagree with the opinions of his teachers and other school personnel. School authorities shall identify and provide spaces or areas to be used by students to place notifications or comments regarding any school issue, subject to the rules established in the Department of Education's General Student Regulations in effect. Under no circumstances shall the order established in the classrooms and on school grounds be altered.

(a) No public school, on its own or through employees or third parties, shall punish, retaliate, or impose disciplinary or discriminatory measures against any student who chooses to participate in military, paramilitary, or quasi-military activities or courses approved by the state or federal government or educational entities.

(7) Freedom of Religion.- The education provided in the schools of the State shall be free and nonsectarian.

(8) Equal Protection of the Laws.- Every student shall have the right to equal protection of the laws.

(9) Student education records and conduct in school: privacy, access, and disclosure.- Education records and other related documents as well as the performance, conduct, attendance, health, interaction with other members of the school community, personal appearance, personal care, and the attention of parents or guardians, or any other fact or circumstance involving the student within the school grounds shall be confidential. The records and related documents shall be kept in the custody of the School Principal.

No official of the Department of Education shall be authorized to disclose, by any means, the information that has been determined to be confidential by virtue of this chapter, unless the father or mother with parental rights or the legal guardian has issued an express and written consent. The student, father, mother with parental rights, or custodians and guardians shall have the right to request a copy of the education record. Access to these records shall be subject to the pertinent laws on the protection of confidential documents; persons not listed in this subsection shall be denied access to the student's education records, unless there is a court order to such effect.

The prohibition to disclose confidential information does not include information shared by officials of the Department of Education, the Department of the Family, and the Department of Justice, or any other government entity in the course and performance of their duties, or any information requested by a court order. Moreover, the disclosure of information to acknowledge the academic achievements of the student is hereby exempt from this limitation.

(10) Right to a free and safe education.-

(a) Education shall be free and accessible in the primary and secondary school levels to every public school student between the ages of five (5) and twenty-one (21).

(b) Students shall have the right to enjoy a safe school environment; free from the illegal use and trafficking of drugs and weapons; and free from any type of attack to their physical, mental, or emotional integrity.

(c) Students shall have the right to an education free from discrimination, abuse, and neglect.

(d) The right to receive equal opportunities to enroll in the public education system shall be recognized and guaranteed to any student who lives in Puerto Rico, regardless of race, color, sex, age, religion, birth, origin or ethnic background or nationality, political ideology, physical or mental disability, whether present or future, socioeconomic status, sexual orientation and gender identity, and immigration status. Public schools may not deny or reject students from enrolling in school on account of immigration status or failure to provide proof of lawful presence in Puerto Rico. No student or his family members shall be inquired about the immigration status of a student, his parents, or custodians.

(11) Curriculum.- Public schools shall implement a curriculum that fully develops the intellectual, imaginative, and emotional capabilities of students. Public schools shall also develop student's abilities pertaining to the sound coexistence of human beings as indispensable members of society. Said curriculum shall promote student's analytical skills and thought, disregarding the tradition of memorizing and reciting unnecessary information. Moreover, schools shall promote the development of values and dignity in human beings.

(12) Special education and reasonable accommodation.- Every student who has a physical or mental disability or has special needs shall have the right to receive services as are necessary according to their condition, and to be guaranteed reasonable accommodation consistent with their needs, as established in §§ 1351 et seq. of this title, known as the "Integral Educational Services for Persons with Disabilities Act", and the agreement of the class action Rosa Vélez v. Departmento de Educación, KPE1980-1738. If a student has a disability or a medical condition said student shall have the right to have private information remain confidential, pursuant to federal and state laws in respect thereof.

(13) Disciplinary actions.- The student shall have the right of due process in any disciplinary procedure. Disciplinary actions shall be carried out in accordance with the provisions of the Department of Education's General Student Regulations in effect. As part of the due process of law, students shall be granted the following rights:

(a) To be notified of the infraction and the sanction to be imposed. The foregoing shall be notified to the parents, guardian, or custodian of the student, and in the case of students of legal age, they shall be directly notified.

(b) To be given the opportunity to be heard before any sanction is imposed.

(c) To be judged by an impartial and competent person.

(d) To have knowledge of the student regulations, which shall be a public and accessible document to all students.

(14) Every student shall have the right to receive an education of excellence.

(15) Every student shall have the right to be considered an active learner and capable of social interaction within his social environment.

(16) Every student shall have the right to be heard and to have his opinions fully respected; he shall also have the obligation to hear and respect the opinion of others.

b. When an offense has led to possession, carrying, distribution, or sale of arms, or of any controlled substance or chemical or device that could cause grave bodily harm and the authorized official has reasonable grounds to believe that the student in question committed it. By reasonable grounds, it will be understood that officials may intervene based on information that would lead a reasonable and prudent person to believe that the student in question has committed the offense. The student’s innocence or guilt will be determined independently later.

i) Alteration to Peace–any student who voluntarily conducts any of the following acts:

(3) Carry, remove, or display any weapon, firearm, or object intended to attack that could cause harm to others or school property. It will be aggravated if done violently, angry or threatening.

(4) Use or threaten with a knife, fire, or object intended to attack or defend that could cause harm to others or school property in a fight. Student is deemed an aggressor if it is done in violent behavior, angry or threatening manner

(5) [...] If found to have committed this offense the student is liable for suspension of a period not exceeding six (6) to ten (10) school days. Given extenuating circumstances, the sanction could be reduced to a suspension for a period of one (1) to five (5) days. If aggravating circumstances, the sanction may be increased to suspension for a period of eleven (11) to fifteen (15) school days.

I) Possessing introducing, transporting, selling, exchanging, giving away or distributing weapons, fire, materials, equipment or articles intended to attack, for defense, or cause damage–a student guilty of this violations is one who possesses, enters, transports, sells, trades, gives away or distributes weapons, fire, materials, equipment or articles intended to attack or for defense, which includes, but not limited to guns, "pellet" guns, paintball guns, brass knuckles, exaggerated chains or necklaces on school grounds, a hundred meters around the school, school activities, at any branch of the Department of Education or the means of transportation provided by the Department of Education.