CHAPTER 61

95-H 6063 am

Approved Jun. 19, 1995.

AN ACT RELATING TO A GUN FREE SCHOOL

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is hereby amended by adding thereto the following section:

{ADD 16-21-18. Students prohibited from bringing or possessing firearms on school premises. -- ADD} {ADD The school penalty for bringing or possessing a weapon as defined in section 921 of title 18, United States code, a firearm or realistic replica of a firearm within school premises, premises being used for school purposes or activities, into a vehicle used for school transportation, or onto a roadway or path along which school children or teachers are walking to school shall be suspension from school for one year. This penalty will also be incurred when a student is not on school premises but when he or she aims a firearm or realistic replica of a firearm at school premises, school vehicles, or students, staff or visitors attending school or in transit to or from school. This term of suspension may be shortened by the superintendent of schools on a case by case basis and under guidelines to be developed by the school committee with broad parent, teacher, and community involvement. ADD}

{ADD 16-21-19. Special rules for students with disabilities bringing firearms to school. -- ADD} {ADD Students with disabilities as defined by the Individuals With Disabilities Act (20 U.S.C.A. 1415) shall be subject to the provisions of general law 16-21-18 to the extent permitted by the Individual With Disabilities Education Act (20 U.S.C.A. 1415).Students with disabilities as defined by section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, shall be subject to the provisions of general law 16-21-18 to the extent permitted by section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. ADD}

{ADD 16-21-20. Alternative placement and prevention activities. -- ADD} {ADD The department of elementary and secondary education in conjunction with the attorney general's task force to prevent violence in schools shall develop requirements for the alternative placement of students suspended under the provision of 16-21-18. Such placements shall be cooperative efforts between the local school district (which shall be responsible for instruction of students) and other appropriate state and local agencies. Further, the department of elementary and secondary education in conjunction with the attorney general's task force shall establish policies in support of locally developed prevention and education activities that include broad parent, teacher, and community involvement. ADD}

{ADD 16-21-21. Student discipline code. -- ADD} {ADD Each school committee shall make, maintain, and enforce a student discipline code. The purpose of the code is to foster a positive environment which promotes learning. The department of education shall provide necessary technical assistance in the development of the student discipline code. The school committee shall cause the school discipline code to be distributed to each student enrolled in the district. Each student and their parent, guardian, or custodian shall sign a statement verifying that they have been given a copy of the student discipline code of their respective school district. ADD}

SECTION 2. This act shall take effect upon passage.



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