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Searching 2017-2018 Session

The Vermont Statutes Online

Title 16 : Education

Chapter 025 : ATTENDANCE AND DISCIPLINE

Subchapter 004 : EFFECTIVE DISCIPLINE MEASURES

(Cite as: 16 V.S.A. § 1166)
  • § 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.)