ORANGE UNIFIED SCHOOL DISTRICT Office of Child Welfare and Attendance 1401 N. Handy St. - Orange, CA 92867 (714) 628-4060 – (714) 628-4061 (Fax) ARMED AND DANGEROUS Student Weapon Information A DOCUMENT FOR THE PARENTS OF CHILDREN IN THE ORANGE UNIFIED SCHOOL DISTRICT According to “Child Health USA 2002”, “Injuries are the leading cause of death for children over age 1. In 2000, unintentional injuries caused the deaths of 4,658 children between the ages of 1 and 14 and 6,573 adolescents between 15 and 19. The leading cause of injury death in all age groups is motor vehicle crashes, which account for 19 percent of deaths of children and 38 percent of deaths of adolescents. Among young children, the second and third leading causes of injury deaths are drowning and fires and burns; for 5- to 14-year-olds, firearms and drowning are the major causes of injury deaths after motor vehicles. Among adolescents, intentional injury deaths—homicide and suicide—represent the second and third leading causes of injury death, accounting for 27 percent of deaths among 15- to 19-year-olds. In addition to these deaths are the long-term effects on children who survive their injuries, many of which result in lifelong disabilities and special health care needs.” The following document describes student weapons and related information as identified by the Office of Child Welfare and attendance: Types of Student Weapon Possession When a student is found to be in possession of a weapon or a dangerous object on campus, to or from school or school activity, the district attempts to identify a category of weapon possession. According to the situation there may be more than one category. The basic categories are as follows: (1) Passive possession – discovers weapon and takes the object directly to staff/parent/etc. (unless weapon is a firearm or other major weapon, student should not face discipline consequences; (2) Passive possession – discovers weapon, does not turn in the object and keeps the weapon in his/her possession; (3) Active – knowingly has a weapon on his/her person; (4) Active/pre-meditated – knowingly in a predetermined manner to bring a weapon to school/activity; (5) Holding – takes possession of a weapon object so that another student will not be caught with the item; (6) Displaying – is in possession of a weapon and show the item to other students; (7) Threatening – student is in conflict and uses a weapon/dangerous object as part of a threat to another student; (8) Brandishing – the student pulls out and displays a weapon in a threatening manner; and (9) Assault/battery with a weapon – the student uses the weapon on another individual. Types of Student Weapons Firearms: Large Handguns Small handguns Rifles Shotguns Law Enforcement Taser Gun BB Gun Pen Guns Electric Taser Gun Typical ammunition Shotgun ammunition Paint Pellet Gun Soft Pellet Guns Gun Free Zone Act of 1990: The area on and around a school zone shall be free of guns. School districts shall expel any student who is in possession of a gun in the gun free school zone area. Law enforcement must respond appropriately. Any one who violates this gun free zone is facing serious charges with prison time. There are to be no student exceptions or the district faces loss of federal funding. IF YOU HAVE A GUN IN THE HOUSE, LOCK THE GUNS UP AND USE TRIGGER LOCKS! Cigarette Gun Lighters Knives Swiss Army Locking blade Leatherman’s Tool Switchblade Razor Blade Ornamental Butterfly Large Knife Pen Knife In addition to the firearms and knives there are several other items that have been deemed as weapons or dangerous objects. They are as follows: The Anarchist Cookbook, Poor man James Bond and the Jolly Roger Cookbook includes formulas for destructive devices, including pipe bombs, hydrochloric acid plastic bombs and other explosive devices. The bomb squad will not replicate the formulas as they are too dangerous! Kung Fu Stars Felt Pens Heavy metal clothing Pens – Laser Nun chucks Scissors Brass knuckle weapons Pepper Spray Screwdrivers Bicycle chain Police Contact School officials are required by law to make a police contact regarding all student violations involving weapons or drugs. Although school districts have specific rules and regulations that apply to special education students for discipline issues, law enforcement apply the enforcement for penal code violations equally for regular and special education students. Search and Seizure School officials have two requirements in order to conduct a legal search. First, there must be reasonable suspicion directed to an individual, group of students or general area. The source must be reasonable. Secondly, the violation must be either an education code or a penal code. Police officers must have probable cause. There can be no random searches and there can not be any body cavity searches. Parents may search their children’s rooms and belongings at any time! Finding of Facts EC 48915 (b) states: A decision to expel shall be based on a finding of one or both of the following: (1) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct. (2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others. Grounds for Suspension/Expulsion EC 48900(b) Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object, unless, in the case of possession of any object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal. EC 48900(m) possessed an imitation firearm. As used in this section, "imitation firearm" means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. EC 48900.7. (a) In addition to the reasons specified in Sections 48900, 48900.2, 48900.3, and 48900.4, a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has made terroristic threats against school officials or school property, or both. (b) For the purposes of this section, "terroristic threat" shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety Reasons for Expulsion and Procedures - Mandated Expulsion Recommendations EC 48915(A2) Possession of any knife or other dangerous object of no reasonable use to the pupil. EC 48915 (C2) Brandishing a knife at another person. EC 48915(C5) Possession of an explosive. (g) As used in this section, "knife" means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 31/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade. (h) As used in this section, the term "explosive" means "destructive device" as described in Section 921 of Title 18 of the United States Code. Final Comments Years ago, it was shocking if someone shot a spit wad across the room with a pin in it. Today, the media is full of violence for our children to see on a daily basis. There are hundreds of video games where children shoot and kill and then reset the button to start over. This is not real life. The consequences of a violent act are devastating. What we pay attention to is what we tend to get more of! We need to focus on safe schools with no weapons. Talk to your children daily. Hug your children…. read their vibes, if you suspect marijuana - smell their clothes and ask hundreds of questions! We spend time supervising children constantly when they are young and something happens when they go into middle school and high school. Supervision should remain constant K-12. The time for the greatest supervision for weapons, drugs and possible conflict is from the 7th to 10th grade. If you discover a weapon, drugs or threats in your son/daughter’s belongings contact CWA. We will work with you. If the district discovers the weapon, drugs or threats, your son/daughter could be facing a violation that could result in expulsion. If you are not sure, call your school immediately or call the Office of Child Welfare and Attendance at (714) 628-4060. If you have questions about drugs visit our district’s DATE website at: http://www.orangeusd.k12.ca.us/date/ This message is for staff and parents. Any weapon on campus is one too many. We must work together to keep our schools safe and weapon free. I trust this information was well received. Frank Boehler Director Office of Child Welfare and Attendance
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