It is the intent of the School Board to promote a safe and supportive learning environment in schools, to protect students and staff from conduct that poses a serious threat to school safety, and to encourage schools to use alternatives to expulsion or referral to law enforcement when possible. The Legislature finds that zero tolerance policies are not intended to be rigorously applied to petty acts of misconduct and misdemeanors, including, but not limited to, minor fights or disturbances.
Zero tolerance policies must require students found to have committed one of the following offenses to be expelled, with or without continuing education services, from the student’s regular school for a period of not less than one (1) full year, and to be referred to the criminal justice or juvenile justice system.
Bringing a firearm or weapon, as defined in chapter 790 to school, to any school function, or onto any school-sponsored transportation or possessing a firearm at school.
Making a threat or false report, ad defined by 790.12 and 790.163, respectively, involving school or school personnel’s property, school transportation, or a school-sponsored activity.
(F.S. 1006.07, F.S. 1006.13)
A student shall not possess, handle or transport firearms.
Students are not to be in possession of any type of firearm on any District School Board of Pasco County school or campus, at any school function or on any school sponsored transportation. A Junior ROTC or color guard, pre-approved activity, exemption may apply.
Chapter 790.25(5), Florida Statutes, makes it lawful for a person eighteen (18) years of age or older to possess a firearm or other weapon for self-defense within the interior of a private vehicle if the weapon is securely encased. It is the policy of the District School Board of Pasco County, that F.S. 790.25(5), SHALL NOT apply to any student bringing any concealed firearm or weapon onto school property. All students are subject to the policies and penalties stated in this Student Code of Conduct. For the purposes of this policy, the word student shall mean, but not be limited to, any preschool, elementary, middle, high, secondary, vocational or post-secondary student of a school maintained and operated by the District School Board of Pasco County.
Violation of this rule will result in automatic out-of-school suspension and possible expulsion. Criminal prosecution is also likely in these instances.
Any student who is determined to have brought a firearm as defined in 18 U.S.C.s.921 (United States Code) to any District School Board of Pasco County school or campus, at any school function, or on any school sponsored transportation, will be recommended for expulsion, with or without continuing educational services from the student’s regular school for a period of not less than (one) 1 full year and referred for criminal prosecution.
The Superintendent, his designee, and/or the School Board may consider extenuating circumstances in determining the length and type of expulsion.
A student shall not possess, handle or transport weapons.
Students are not to be in possession of any type of weapon on any District School Board of Pasco County school or campus, at any school function or on any school sponsored transportation. The state’s zero tolerance policy defines a weapon as any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon. (This does not include a common pocketknife, plastic knife or blunt-bladed table knife.) Violation of this rule will result in disciplinary action, which may include out-of-school suspension and possible expulsion. Criminal prosecution is also likely in these instances.
Making a Threat or False Report
It is unlawful for any person to threaten to throw, project, place or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person, and any person convicted there of commits a felony of the second degree.
It is unlawful to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive or weapon of mass destruction as defined in 790.166, or concerning the use of firearms in a violent manner against a person or persons. Any person convicted thereof commits a felony of the second degree.
(F.S. 790.162, F.S. 790.163)
Describe the two conditions (posessession and threats) that may trigger the state's Zero Tolerance Policy.
Discuss the minimum penalty attached to the state's Zero Tolerance Policy.