Montana - Firearms/Weapons on School Campuses: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Statute
Summary: 

State law complies with minimum requirements of the federal Gun-Free Schools Act (GFSA) and adds student supports and protections.

Montana Code Annotated 2017 Title 20 Education, Chapter 5 Pupils, Part 2 Duties -- Prohibitions -- Penalties 20.5.202 Suspension and expulsion

(2)

  • (a) The trustees of a district shall adopt a policy for the expulsion of a student who is determined to have brought a firearm, as defined in 18 U.S.C. 921, to school and for referring the matter to the appropriate local law enforcement agency. A student who is determined to have brought a firearm to school under this subsection must be expelled from school for a period of not less than 1 year, except that the trustees may authorize the school administration to modify the requirement for expulsion of a student on a case-by-case basis. The trustees shall annually review the district’s weapons policy and any policy adopted under this subsection (2)(a) and update the policies as determined necessary by the trustees based on changing circumstances pertaining to school safety.
  • (b) A decision to change the placement of a student with a disability who has been expelled pursuant to this section must be made in accordance with the Individuals With Disabilities Education Act.
    (3) In accordance with 20-4-302, 20-4-402, 20-4-403, and subsection (1) of this section, a teacher, a superintendent, or a principal shall suspend immediately for good cause a student who is determined to have brought a firearm to school.
    (4) Nothing in this section prevents a school district from:
  • (a) offering instructional activities related to firearms or allowing a firearm to be brought to school for instructional activities sanctioned by the district; or
  • (b) providing educational services in an alternative setting to a student who has been expelled from the student’s regular school setting.
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