§ 1166.
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/vt/title-16/chapter-25/1166A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 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.)