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

Prohibitions Or Restrictions
Policy Type: 
statute; regulation

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

Idaho Statutes 33-205 Denial of School Attendance.

Provided however, the board shall expel from school for a period of not less than one (1) year, twelve (12) calendar months, or may deny enrollment to, a student who has been found to have carried a weapon or firearm on school property in this state or any other state, except that the board may modify the expulsion or denial of enrollment order on a case-by-case basis. Discipline of students with disabilities shall be in accordance with the requirements of federal law part B of the individuals with disabilities education act and section 504 of the rehabilitation act. An authorized representative of the board shall report such student and incident to the appropriate law enforcement agency.
No pupil shall be expelled nor denied enrollment without the board of trustees having first given written notice to the parent or guardian of the pupil, which notice shall state the grounds for the proposed expulsion or denial of enrollment and the time and place where such parent or guardian may appear to contest the action of the board to deny school attendance, and which notice shall also state the rights of the pupil to be represented by counsel, to produce witnesses and submit evidence on his own behalf, and to cross-examine any adult witnesses who may appear against him. Within a reasonable period of time following such notification, the board of trustees shall grant the pupil and his parents or guardian a full and fair hearing on the proposed expulsion or denial of enrollment. However, the board shall allow a reasonable period of time between such notification and the holding of such hearing to allow the pupil and his parents or guardian to prepare their response to the charge. Any pupil who is within the age of compulsory attendance, who is expelled or denied enrollment as herein provided, shall come under the purview of the juvenile corrections act, and an authorized representative of the board shall, within five (5) days, give written notice of the pupil's expulsion to the prosecuting attorney of the county of the pupil's residence.

Idaho Administrative Code Safe Environment and Discipline.

Each school district will have a comprehensive districtwide policy and procedure encompassing the following:

  • School Climate

  • Discipline

  • Student Health

  • Violence Prevention

  • Possessing Weapons on Campus

  • Substance Abuse - Tobacco, Alcohol, and Other Drugs

  • Suicide Prevention

  • Student Harassment

  • Drug-free School Zones

  • Building Safety including Evacuation Drills

  • Relationship Abuse and Sexual Assault Prevention and Response

Districts will conduct an annual review of these policies and procedures. (See Section 33-1612) Effective date (3-20-14)
Source: Idaho Office of the Administrative Rules Coordinator

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