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Reply #56: By referring to the rules or laws, I cannot see how you justify banning the hat under zero-tolerance [View All]

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Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
aikoaiko Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-18-10 12:08 PM
Response to Reply #19
56. By referring to the rules or laws, I cannot see how you justify banning the hat under zero-tolerance
The gun in this toy is not a "look-alike gun" for this


Here is the zero-tolerance policy from the Providence RI School District:


http://www.providenceschools.org/media/84014/parent%20hanbook%200910%20eng%20ed.pdf">ZERO Tolerance for Weapons and Violence
Any students found to be in possession of a weapon, or involved in an aggravated assault will immediately
be referred to the Student Affairs Office for a hearing that may result in exclusion from school from 60
days to 180 days, or for a duration in accordance with Rhode Island State Law.

If the weapon involved is a gun or look-alike gun or falls into a category covered by the federal Gun-
Free Schools Act of 1994, a mandatory one-year exclusion for a period of one hundred eighty days (180
calendar days) will be in effect after due process requirements are met. In all cases involving weapons
or aggravated assault in school or on school grounds, the local police will be contacted. School grounds
include, but are not limited to, actual property owned by the school, areas around the schools, parking
lots, school-sponsored events (whether on or off school grounds), school buses and school bus stops.


Here is the text of GFSA that the above refers to:


``PART F--GUN POSSESSION
``SEC. 14601. GUN-FREE REQUIREMENTS.

``(a) Short Title.--This section may be cited as the `Gun-Free Schools Act of 1994'.
``(b) Requirements.--

``(1) In general.--Except as provided in paragraph (3), each State receiving Federal funds under this Act shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than one year a student who is determined to have brought a weapon to a school under the jurisdiction of local educational agencies in that State, except that such State law shall allow the chief administering officer of such local educational agency to modify such expulsion requirement for a student on a case-by-case basis.
``(2) Construction.--Nothing in this title shall be construed to prevent a State from allowing a local educational agency that has expelled a student from such a student's regular school setting from providing educational services to such student in an alternative setting.
``(3) Special rule.--

``(A) Any State that has a law in effect prior to the date of enactment of the Improving America's Schools Act of 1994 which is in conflict with the not less than one year expulsion requirement described in paragraph (1) shall have the period of time described in subparagraph (B) to comply with such requirement.
``(B) The period of time shall be the period beginning on the date of enactment of the Improving America's Schools Act and ending one year after such date.

``(4) Definition.--For the purpose of this section, the term `weapon' means a firearm as such term is defined in section 921 of title 18, United States Code.

``(c) Special Rule.--The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act.
``(d) Report to State.--Each local educational agency requesting assistance from the State educational agency that is to be provided from funds made available to the State under this Act shall provide to the State, in the application requesting such ?assistance--

``(1) an assurance that such local educational agency is in compliance with the State law required by subsection (b); and
``(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection (b), including--

``(A) the name of the school concerned;
``(B) the number of students expelled from such school; and
``(C) the type of weapons concerned.

``(e) Reporting.--Each State shall report the information described in subsection (c) to the Secretary on an annual basis.
``(f) Report to Congress.--Two years after the date of enactment of the Improving America's Schools Act of 1994, the Secretary shall report to Congress if any State is not in compliance with the requirements of this title.
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