Zero Tolerance for Weapons Large and Small
Weapons are a tricky and sticky issue right now. There are
actually federal laws about what schools must do with students
who are found bringing weapons to school. On a somewhat positive
note there are also some requirements about reporting on weapons
violations. Michigan state law does not require districts to
keep statistics on expulsion or suspension rates. Michigan law
(mandated by Federal law) does require reporting of all weapons
law expulsions.
A Warning!
Basically, you don't want to be caught on school premises
with anything that can even be remotely thought of as a weapon.
This includes hunting knives, toy guns, penknives, nail files,
water pistols, etc. Items that once seemed like goofy kid toys
are now seen as dangerous weapons. And schools are expelling
young kids in huge numbers for bringing them to school.
We have seen schools expel students for such violent 'weapons'
as paper clips and water balloons. Be aware of this trend and
make sure your children know this too. Kids expelled under mandatory
expulsion laws for bringing weapons to school have a very hard
time getting alternative schooling placements and often are
not readmitted after the year is up.
More Information on Expulsions
With expulsions in particular, schools have the tendency to
fall back on Michigan's highly punitive weapons legislation
as format to follow for other offenses. The law, as it is currently
written, leaves some room for schools to decide on an individual
basis whether or not to expel a student. They are:
-
The object was not possessed for use
as a weapon, or for delivery to another for use as a weapon
- The student did not know s/he had the weapon with him or
her
- The student did not know or have reason to believe the object
was a dangerous weapon
- The weapon was carried at the suggestion or request of school
or police authorities
- This means that there are several exceptions to expulsion,
but schools often believe or say they must expel, and they
do. Never assume there is nothing you can do if your child
has been recommended for expulsion.
Weapons Violation Strategies
If your child is certified as in need of Special Education
services, the school cannot simply expel (see QuickGuide
to Special Education Protections From Discipline).
If you suspect your child might be in need of Special Education
services see:
You can request a copy of your school's expulsion procedure (see
Sample Freedom of
Information or FOIA Request). It is probably also located
in the Student Handbook, which you can request if you do not have
a copy.
