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WEAPONS ON SCHOOL PREMISES

The Appleton Area School District (AASD) is committed to providing safe learning environments for all students, staff, parents, and volunteers.

No person, including someone with a CCW (Carrying a Concealed Weapon) license, shall use or possess a firearm, whether loaded or unloaded, any destructive device, or other dangerous weapon as defined under section 948.605 (Gun-Free School Zones Law) and 948.6 of the state statutes, in school buildings and other buildings owned, occupied or controlled by the school district, on school premises, in school-provided transportation, or at any school-sponsored or school-supervised activity, except as otherwise specifically authorized in this policy.

A weapon is defined as any object that by its design, use or intended use could cause bodily harm or property damage or intimidate other persons. Weapons include but are not limited to firearms (whether loaded or unloaded and whether operational or not), look-alike weapons (e.g. Airsoft guns), knives, sprays, martial arts equipment, razors, leather tools, metal knuckles, etc.

Other objects not designed as weapons but used in a manner that cause intimidation or bodily harm to a person, as well as property damage, are considered weapons under this policy. Such items include but are not limited to: chains, pencils, belts, sprays, and laser pens.

In addition to firearms restrictions under the Gun-Free School Zones Law, if a school district owns, occupies or has under its control any building that is not on the grounds of a school (e.g., district Leadership Center, Facilities & Operations building, Valley New School, etc.), the district can restrict a person (including those individuals licensed to carry concealed handguns) from entering or remaining in that building while carrying a firearm, if the required notice is given as required by the Criminal Trespass Law. Thus, notices will be posted at such sites notifying persons of the restriction.

The following are exceptions to the policy prohibition:

• A weapon in the possession of and under the control of law enforcement or military personnel acting in their official capacity.
• Any qualified current law enforcement officer who is off duty or any qualified former law enforcement officer may possess a properly licensed firearm provided that the individual meets all applicable conditions specified in the state and federal gun-free school zone laws.
  • Although permitted, the Board generally discourages the intentional presence of such firearms, and strongly encourages such individuals to notify the District Administrator, building principal, or other activity supervisor of their possession of any such firearm in order to avoid misunderstandings should the presence of the weapon be identified by another person.
• The firearm is not loaded and is encased or in a locked firearms rack that is on a motor vehicle.
• A person who is a CCW licensee or an out-of-state CCW licensee may possess a firearm within 1,000 feet of the grounds of a school, but not in or on school grounds.
• A weapon used or handled by an individual in a legal manner for purposes of demonstration or educational presentations. This approval must be in writing and granted prior to the weapon being brought to the school. The weapon shall be maintained in the possession of the principal except during the actual demonstration or presentation.

On a case-by-case basis, the Board may give advanced approval allowing an exception to this policy for a specific event or activity, provided that the request for such an exception is also consistent with the discretionary exceptions authorized under state law.

Possible consequences for a student violating this policy:

• Suspension from school
• Referral to law enforcement officials or juvenile justice system
• Recommendation for expulsion

Possible consequences for an employee violating this policy:

• Subject to disciplinary action up to and including termination of employment
• Referral to law enforcement officials for prosecution under applicable state laws and/or local ordinances

Any other person violating this policy shall be referred to law enforcement officials for prosecution under applicable state laws and/or local ordinances.

Law enforcement officials shall be contacted to help deal with a weapons situation, which presents an immediate threat to safety. If the situation does not allow an opportunity to contact law enforcement officials immediately, school staff shall attempt to diffuse and control the situation in the safest manner possible, until law enforcement officials can be summoned.

Appropriate information and training shall be provided to staff in dealing with weapons situations in accordance with the District’s Crisis and Response and Emergency Management System.

This policy shall be published annually in student and staff handbooks and through other means appropriate to notify the public as required by law or determined by the administration.

Gun-Free Schools Act

Expulsion is mandatory for a period of not less than a year for possession of a firearm as defined in Section 921 of Title 18 of the United States Code. Wisconsin State Statute 120.13 (1) (g) permits the mandatory expulsion to be modified on a case-by-case basis.

Criminal Trespass Law

The law was amended to include provisions related to carrying firearms. Under the amended law, a person may be subject to a penalty if he/she, while carrying a firearm, enters or remains in certain buildings. Among those buildings is any part of a building that is owned, occupied, or controlled by a local government unit (e.g., school district), if the local governmental unit has notified the person not to enter or remain in the building while carrying a firearm.

Student Nondiscrimination
The Appleton Area School District does not discriminate against students on the basis of sex, race, color, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, gender identity, gender expression, or physical, cognitive, emotional or learning disability in its education programs or activities.

 

Cross References:
Student Conduct 443
Student Nondiscrimination 411.2
AASD’s Crisis Response and Emergency Management System Guide

Legal References:
Wisconsin State Statutes 118.07, 118.31, 120.13(1), Sections 175.60, 941.23, 943.13, 948.60, 948.605, and 948.61

Federal Laws: 
Gun-Free Schools Act
Criminal Trespass Law
18 U.S.C Sec. 921(a) [federal definition of “firearm”]
Individuals with Disabilities Education Act [IDEA]

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Adoption Date: June 12, 1995

Amended Dates: June 28, 1999, October 14, 2002, December 12, 2011, October 27, 2014, and February 27, 2017