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Policy JICIA
The South Portland Board of Education believes that students and staff are entitled to learn and work in a school environment free of violence, threats and disruptive behavior. Students are expected to conduct themselves with respect for others and in accordance with Board policies, school rules, reasonable unwritten behavior expectations, and applicable state and federal laws.
School staff is expected to immediately report incidents of prohibited conduct by students to the building administrator for investigation and appropriate action.
Prohibited Conduct
Students are prohibited from engaging in the following conduct on school property, while in attendance at school or at any school-sponsored activity, or at any time or place that such conduct directly interferes with the operations, discipline or general welfare of the school or school activity:
Possession and or use of articles commonly used or designed to inflict bodily harm and or to threaten, intimidate, coerce or harass another person. Examples of such articles include but are not limited to firearms, BB guns, pellet guns, and any other gun, ammunition, explosives, cross-bows, brass knuckles.
Use of any object, although not necessarily designed to be a weapon, to inflict bodily harm and or to threaten, intimidate, coerce or harass another person. Examples of such articles include but are not limited to bats, belts, picks, pencils, compasses, objects capable of ignition (e.g., matches, lighters), files, tools of any sort and replicas (including toys);
Violent or threatening behavior, including but not limited to fighting, assault and or battery, gang activities, taking hostages, threats to commit violence against persons or property (e.g., verbal or written death threats, threats of bodily harm, bomb threats);
Verbal or written statements (including those made on or through a computer which threaten, intimidate, or harass others, which tend to incite violence and or disrupt the school program;
Willful and malicious damage to school or personal property;
Stealing or attempting to steal school or personal property;
Lewd, indecent or obscene acts or expressions of any kind;
Violations of the South Portland Drug, Alcohol and Tobacco policies;
Violations of state or federal laws; and
Any other conduct that may be harmful to persons or property
Exceptions to Prohibition Against Possession and Use of Weapons on School Property
The prohibition on the possession and the discharge of a firearm does not apply to Law Enforcement officials.
Disciplinary Action
Students
Principals may suspend and/or recommend the expulsion of students who violate this policy based upon the facts of each case and in accordance with applicable state and federal laws. Conduct which violates this policy is deliberately disobedient and deliberately disorderly within the meaning of 20-A MRSA § 1001 (9) and will be grounds for expulsion under other provisions of 20-A MRSA § 1001 (9 and 9-A). This law specifically prohibits the use and possession of weapons, infractions of violence, and possession, furnishing and trafficking of scheduled drugs. Students who are found to have brought a firearm to school as defined in 18 United States Code, Section 921 shall be expelled for a period of not less than one year, except that the school board may authorize the superintendent to modify the requirement for expulsion of a student on a case-by-case basis. A decision to change the placement of a student with a disability must be made in accordance with the federal Individuals with Disabilities Act.
Nothing in this subsection prevents a school board from offering instructional activities related to firearms or from allowing a firearm to be brought to school for instructional purposes sanctioned by the district.
All firearm violations shall be referred to law enforcement authorities as required by law. Other violations of this policy shall be referred to law enforcement authorities at the discretion of the Superintendent.
Staff
School staff members who violate this policy shall, at the Superintendent’s discretion, be disciplined in accordance with any applicable collective bargaining agreement or School Department procedure.
Volunteers
Volunteers who violate this policy shall, at the Superintendent and building Administrator’s discretion, have their volunteer authorization revoked or restricted, depending on the circumstances of the particular case.
Visitors
Visitors who violate this policy shall be required to leave school property and Law Enforcement may be notified of violations.
Notification Team/Confidentiality
Maine law authorizes law enforcement officers and criminal justice agencies to share with a superintendent or principal information pertaining to a juvenile when the information is credible and indicates an imminent danger to the safety of students or school personnel on school grounds or at a school function. Maine law requires the District Attorney to notify the superintendent when a juvenile is charged with use or threatened use of force or is adjudicated as having committed one or more juvenile crimes that involve the use or threatened use of force.
Within ten days, or immediately if necessary for school safety, the Superintendent shall convene a notification team. The notification team must include the administrator/designee of the school building where the student attends, at least one classroom teacher to whom the student is assigned, a guidance counselor, and the student’s parent/guardian. The notification team shall determine on this basis of need which school employees are entitled to receive information concerning allegations or adjudications of use or threatened use of force. Information received by the Superintendent/designee and disclosed to the notification team and/or disclosed to school employees is confidential and may not become part of the student’s educational record.
The Superintendent shall ensure that confidentiality training is provided to all school employees who have access to this information.
Psychological Evaluation and Risk Assessment
The Board of Education authorizes the superintendent to request an immediate psychological evaluation of a student who violates this policy when, in his/her opinion, such an evaluation will assist in assessing the risk the student poses to school safety if the student were to remain in school.
The Superintendent is also authorized to request psychological evaluations of students who have been identified as posing a substantial risk of violent behavior.
The school psychologist at the school department’s expense shall perform all such evaluations.
If the parents/guardians and/ or student refuse to permit a requested psychological evaluation the superintendent and the Board may draw any reasonable inferences from the student’s behavior concerning the risk the student poses to school safety for purposes of determining appropriate action.
Student/Staff Training and Procedures
The Superintendent is authorized to institute training programs for staff and students designed to support the goal of providing a safe, orderly and respectful school environment. The Superintendent is also authorized to implement any administrative procedures necessary to carry out this policy.
Legal References: 20 USCA § 8921 (Gun-Free Schools Act of 1994)
20A MRSA §§ 1001 (9); 1001 (9-A); 6552
17A MRSA §§ 2 (9); 2 (12-A)
Cross References: ACAA Harassment and Sexual Harassment of Students
ADA Tobacco Use and Possession
EBCA Comprehensive Emergency Management Plan
JICH Drug and Alcohol Use by Students
JIC Student Code of Conduct
JICK Bullying
JIH Questioning and Search of Students
JK Student Discipline
JKD Suspension of Students
JKE Expulsion of Students
JKF Suspension/Expulsion of Students with Disabilities
JICJ – Student Use of Electronic Devices
INJDB -Student Computer and Internet Use Rules
Adopted: February 13, 1995
Revised: April, 1999
Revised: July 8, 2002
Revised: February 9, 2004
Revised: December 14, 2015
Revised: August 28, 2017
Board Reviewed: September 11, 2017
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