Vermont Statutes Title 16 Sec. 1166
Terms Used In Vermont Statutes Title 16 Sec. 1166
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- School board: means the board of school directors elected to manage the schools of a school district, the prudential committee of an incorporated school district, the supervisory union board of directors, and the supervisors of unorganized towns and gores. See
- Secretary: means the Secretary of Education. See
- Superintendent: means the chief executive officer of a supervisory union and each school board within it. See
§ 1166. Possession of a firearm at school
(a) In this section, the terms “to school” and “firearm” shall have the same meaning that the terms have in 18 U.S.C. § 921. The school board may expand the definitions, however, provided they remain consistent with federal law.
(b) Each school board shall adopt and implement policies regarding a student who brings a firearm to or possesses a firearm at school, which at a minimum shall include:
(1) A provision that any student who brings a firearm to or possesses a firearm at school shall be referred to a law enforcement agency. In addition to any other action the law enforcement agency may take, it may report the incident to the Department for Children and Families.
(2) A provision that the superintendent or principal, with the approval of the school board following opportunity for a hearing, shall expel from the school for not less than one calendar year any student who brings a firearm to or possesses a firearm at school; provided, however, the school board may modify the expulsion on a case-by-case basis. Modifications may be granted in circumstances such as:
(A) The student is unaware that he or she has brought a firearm to or possessed a firearm at school.
(B) The student did not intend to use the firearm to threaten or endanger others.
(C) The student has a disability and the misconduct is related to the student’s disability.
(D) The student does not present an ongoing threat to others and a lengthy expulsion would not serve the best interests of the student.
(c) Annually at a time and on a form determined by the Secretary, each superintendent shall provide the Secretary with a description of the circumstances surrounding expulsions imposed under this section, the number of students expelled, and the type of firearm involved. (Added 1995, No. 35, § 5; amended 2003, No. 36, § 9; 2011, No. 58, § 11, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 126, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 77.)