Absent extenuating circumstances, as determined on a case-by-case basis by the Superintendent of Schools, and consistent with the Individuals With Disabilities Education Act, approved October 30, 1990 (104 Stat. 1141; 20 U.S.C. 1400 et seq.), any student who brings a weapon into a District of Columbia Public School shall be expelled for not less than one year.
District of Columbia School Discipline Laws & Regulations: Firearms and Other Weapons Violations
District of Columbia School Discipline Laws & Regulations: Firearms and Other Weapons Violations
Category: Discipline Addressing Specific Code of Conduct Violations
Subcategory: Firearms and Other Weapons Violations
State: District of Columbia
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LAWS
§ 38-231. Expulsion of students who bring weapons into public schools.
§ 38-232. Reference to criminal justice or juvenile delinquency system.
Pursuant to the Gun-Free Schools Act of 1994, approved October 20, 1994 (108 Stat. 3908; 20 U.S.C. 8921 et seq.) [repealed, see now 20 U.S.C. § 7151] the Superintendent of Schools shall refer to the criminal justice or juvenile delinquency system, simultaneous with expulsion, any student who is expelled for bringing a weapon into a District of Columbia Public School.
§ 38-234. Definitions.
(a) For the purposes of this subchapter, the term "weapon" means a firearm and includes:
(1) Any weapon, including a starter gun, which will or is designed to or may be readily converted to expel a projectile by the action of an explosive:
(2) The frame or receiver of any weapon described in this subsection;
(3) Any firearm muffler or firearm silencer; or
(4) Any destructive device; the term "destructive device" means:
(A) Any explosive, incendiary, or poison gas;
(B) Bomb;
(C) Grenade;
(D) Rocket having a propellant charge of more than 4 ounces;
(E) Missile having an explosive or incendiary charge of more than a 1/4 ounce;
(F) Mine; or
(G) Any similar device.
(5) Any type of weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than 1/2 an inch in diameter; and
(6) Any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraphs (e) and (f) of this paragraph [paragraphs (4) and (5) of this subsection] and from which a destructive device may be readily assembled.
(b) The term "weapon" shall not include:
(1) An antique firearm;
(2) Any device which is neither designed nor redesigned for use as a weapon; or
(3) Any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device.
REGULATIONS
5-B2502. Grounds for disciplinary action.
2502.3 Tier III behaviors are those behaviors not specifically enumerated in any other tier in this chapter that cause significant disruption to the academic environment or cause harm to self or others. In addition to lesser consequences, Tier III behaviors may result in either on-site or off-site Suspension.
(a) The following behaviors shall be considered Tier III behaviors:
(22) Possession of tools or instruments which school administrators deem could be used as weapons. [...]
2502.4 Tier IV behaviors are those behaviors not specifically enumerated in any other tier in this chapter that cause disruption to the school operation, destroy school property, or cause significant harm to self or others. Tier IV behaviors result in off-site Suspension.
(a) The following behaviors shall be considered Tier IV behaviors:
(13) Possession of a weapon or replica or imitation of a weapon (including water guns), other than weapons subject to the requirements of the Gun-Free Schools Act. [...]
2502.5 Tier V behaviors are those behaviors not specifically enumerated in any other tier in this chapter that are illegal, cause significant disruption to the school operation, or cause substantial harm to self or others. Tier V behaviors result in off-site Suspension or Expulsion.
(a) The following behaviors shall be considered Tier V behaviors:
(13) Use, threatened use, or transfer of any weapon;
(14) Use, Possession, or bringing to school a loaded or unloaded firearm, as defined in 18 U.S.C. § 921 (2000), including but not limited to pistols, blank pistols, starter pistols, revolvers, rifles, and shotguns.
(15) Any behavior that violates the Gun-Free Schools Act;
(17) Assault with a weapon;
(c) Weapons include, but are not limited to:
(1) Weapons enumerated in D.C. Official Code § 22-4514 (2001);
(2) Firearms as enumerated in 18 U.S.C. § 921 (2000);
(3) Knives (e.g. bowie, dirk, lock-blade, hunting, pen, pocket, switchblade, utility, boxcutter, etc.);
(4) Martial arts devices (e.g. Chinese stars, 'nunchucks', etc.);
(5) Air gun, bb gun, paintball gun;
(6) Other weapons or instruments designed to be or commonly used as weapons (e.g., chains, clubs, knuckles, night stick, pipes, studded bracelets);
(7) Mace, pepper spray, tear gas;
(8) Explosives;
(9) Slingshot;
(10) Bullets;
(11) Chemical weapon; and
(12) Razorblade or razor.
5-B2505. Procedures for suspensions and expulsions.
2505.2 Expulsions for violations of the Gun-Free School Act may be modified only by the Chancellor. […]
2505.10 No more than five (5) school days after receiving the principal's findings, a person designated by the Chancellor shall either concur with or modify the recommended action. If a principal recommends Expulsion for bringing a weapon as defined in 18 U.S.C. § 921 into DCPS in violation of the Gun-Free Schools Act, only the Chancellor may modify the Expulsion recommendation.
5-E2402. Code of student responsibilities and conduct.
2402.6 A student shall refrain from fighting, creating disturbances, denying others the use of school facilities or buildings, using or carrying any weapon on school grounds, intentionally injuring another person, or acting in a manner that would expose others to risk or danger of harm or injury.
5-E2404. Search procedures.
2404.2 Reasonable suspicion shall be premised upon any one or more of the following circumstances:
(e) Observation of furtive or evasive behavior to suggest either concealment of a weapon, contraband, or stolen property or perpetration of an offense violative of school regulations or laws. [...]
2404.9 Magnetometers and other metal-detecting devices may be utilized by school officials at entrances to schools when deemed appropriate by the Superintendent of Schools to be necessary to deter weapons being brought onto school grounds; provided, that such devices are regularly checked and calibrated. [...]
2404.11 Students shall assume full responsibility for the contents of lockers and shall lock all lockers, or locks, after use. No student shall place, keep or store, or allow to be placed kept or stored, in his or her locker, desk, or other D.C. Public School property, any firearm, knife, explosive, or other dangerous object, the use or possession of which is prohibited by the rules of the Board of Education.