Rhode Island School Discipline Laws & Regulations: Firearms and Other Weapons Violations

Rhode Island School Discipline Laws & Regulations: Firearms and Other Weapons Violations

Category: Discipline Addressing Specific Code of Conduct Violations
Subcategory: Firearms and Other Weapons Violations
State: Rhode Island

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Rhode Island

LAWS

11-47-60.2. Possession of weapons on school grounds–Notification.

(a) If a student is found to be carrying a weapon, as defined in § 11-47-42, a firearm or replica of a firearm, or commits an aggravated assault on school grounds as defined in § 11-47-60, the principal or designee shall immediately notify the student's parents and the local police and turn the weapon over, if any, to the local enforcement agency.

(b) Any person who has reasonable cause to know that any person is in violation of this statute shall notify the principal or designee. The principal or designee shall immediately notify the student's parents and the local police. Any person acting in good faith who makes a report under this section shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of making the report.

(c) School superintendents shall receive notice from the clerk of the family court regarding the disposition of all cases involving juveniles from their school districts adjudged pursuant to this statute. This information shall remain confidential and be shared with school officials who deal directly with the student.

16-21-18. Students prohibited from bringing or possessing firearms on school premises.

The school penalty for bringing or possessing a weapon as defined in 18 U.S.C. § 921, a firearm or realistic replica of a firearm within school premises, premises being used for school purposes or activities, into a vehicle used for school transportation, or onto a roadway or path along which school children or teachers are walking to school shall be suspension from school for one year. This penalty will also be incurred when a student is not on school premises but when he or she aims a firearm or realistic replica of a firearm at school premises, school vehicles, or students, staff, or visitors attending school or in transit to or from school. This term of suspension may be shortened by the superintendent of schools on a case-by-case basis and under guidelines to be developed by the school committee with broad parent, teacher, and community involvement.

16-21-21.1. Penalties for drug, alcohol or weapons offenses.

The discipline of any public school student for violating a school policy relating to the possession or use of alcohol, drugs or weapons not described in § 16-21-18 of this chapter, shall be imposed on a case-by-case basis pursuant to guidelines developed and promulgated by the school committee for that district. The guidelines and any discipline imposed shall take into account the nature and circumstances of the violation and the applicability of any federal laws governing students with disabilities.

REGULATIONS

200-RICR-20-30-2 Section 2.2. Definitions.

A. For the purposes of these Rules and Regulations, the following terms shall have the following meaning:

28. "Zero tolerance" means (as defined by state policy) the purpose is to provide a school environment that is conducive to learning. The underlying belief of this policy is that all children have the right to be educated in a safe and nurturing environment. Therefore, each school system shall adopt a policy of zero tolerance for weapons, violence and illegal drugs in schools. Any student found to be in possession of a weapon, or involved in an aggravated assault as defined herein, will immediately be suspended in accordance with applicable due process provisions. During this suspension, the school district will take the necessary steps in determining any additional action to be taken, which may include long-term suspension. Zero tolerance policies cannot supersede other Federal and State Regulations, such as the Individuals with Disabilities Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and Rhode Island Regulations Governing The Education Of Children With Disabilities (Part 1 of this Subchapter).

216-RICR-20-10-4 Section 4.41. Weapons and firearms.

A. All schools are required to have policies prohibiting possession of firearms and other weapons and imposing penalties for such possession in conformity with R.I. Gen. Laws § 16-21-18 and the " Gun Free Schools Act ", 20 U.S.C. § 8921 et seq.

1. All school districts must ensure the discipline policies regarding incidents of students in possession of weapons are imposed on a case-by-case basis.