(a)  For the purposes of this subchapter, the term “weapon” means a firearm and includes:

• (1)  Any weapon, including a starter gun, which will or is designed to or may be readily converted to expel a projectile by the action of an explosive:
• (2)  The frame or receiver of any weapon described in this subsection;
• (3)  Any firearm muffler or firearm silencer; or
• (4)  Any destructive device; the term “destructive device” means:
  • (A)  Any explosive, incendiary, or poison gas;
  • (B)  Bomb;
  • (C)  Grenade;
  • (D)  Rocket having a propellant charge of more than 4 ounces;
  • (E)  Missile having an explosive or incendiary charge of more than a 1/4 ounce;
  • (F)  Mine; or
  • (G)  Any similar device.

Absent extenuating circumstances, as determined on a case-by-case basis by the Superintendent of Schools, and consistent with the Individuals With Disabilities Education Act, approved October 30, 1990 (104 Stat. 1141; 20 U.S.C. 1400 et seq.), any student who brings a weapon into a District of Columbia Public School shall be expelled for not less than one year.

Pursuant to the Gun-Free Schools Act of 1994, approved October 20, 1994 (108 Stat. 3908; 20 U.S.C. 8921 et seq.) [repealed, see now 20 U.S.C. §7151] the Superintendent of Schools shall refer to the criminal justice or juvenile delinquency system, simultaneous with expulsion, any student who is expelled for bringing a weapon into a District of Columbia Public School.

The Board of Education shall provide to any student who is expelled from school in accordance with this subchapter an alternative educational program at the D.C. Street Academy, at another existing alternative educational program, or at any alternative educational program that may be established in the future. Not later than 90 days after the effective date of this subchapter: (1)  The Mayor and the Board of Education shall submit a report to the Council delineating a comprehensive plan for providing alternative educational services to a student who has been expelled from a District of Columbia Public School setting. (2)  The comprehensive plan shall include a description of the alternative education services to be provided to an expelled student, each location where the alternative education services shall be provided, and the estimated annual cost of providing the alternative education services.

2502.4 Tier IV behaviors are those behaviors not specifically enumerated in any other tier in this chapter that cause disruption to the school operation, destroy school property, or cause significant harm to self or others. Tier IV behaviors result in off-site Suspension. (a) The following behaviors shall be considered Tier IV behaviors: (1) Acts of vandalism, destruction of property, or graffiti (tagging); (2) Documented theft of school or personal property without force; (3) Interfering with school authorities or participating in a major disruption of the school's operation. (4) Tampering with, changing, or altering an official record or document of a school; (5) Persistent Harassment based on actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, or place of residence or business; (6) Lewd or indecent public behavior or sexual misconduct; (7) Sexual Harassment; (8) Retaliation for reporting Harassment and Sexual Harassment; (9) Fighting which creates substantial risk of or results in minor injury; (10) Inciting others to violence or disruption; (11) Activating False Alarm; (12) Contaminating food; (13) Possession of a weapon or replica or imitation of a weapon (including water guns), other than weapons subject to the requirements of the Gun-Free Schools Act; (14) Using an article that is not normally considered a weapon to intimidate or threaten another individual; (15) Any behavior or other conduct not specifically enumerated in any other tier in this chapter that causes disruption to the school operation, destroys school property, or causes significant harm to self or others; and (16) Documented Pattern of Persistent Tier III Behavior enumerated at 2502.3(a)(1) through (27).

(b) Disciplinary responses for Tier IV behaviors include: (1) Off-site Short-Term Suspension, except in response to unexcused tardiness or absence; (2) Off-site Medium-Term Suspension, except in response to unexcused tardiness or absence; and (3) Off-site Long-Term Suspension, except in response to unexcused tardiness or absence.