Dangerous Weapon, Michigan Public Act

A dangerous weapon is defined by state and federal law as: a firearm, gun, shotgun, revolver, handgun, pistol, dagger, dirk (a dagger of the Scottish Highlands), stiletto, knife with a blade greater than three (3) inches in length (end of blade to handle), pocket knife opened by mechanical device, taser, iron bar, brass knuckles, device designed to convert to a form of incendiary explosive, poison gas, bomb, grenade, rocket having a propellant charge of more than four (4) ounces, missile having an explosive or incendiary charge of more than one quarter (1/4) ounce, or mine. 

Michigan Public Act (passed in 1995) prohibits dangerous weapons (as well as arson and Criminal Sexual Conduct) and requires the mandatory expulsion from all Michigan public schools, of scholars found to be in possession of a dangerous weapon on any GRPS property or off-campus location during school-sponsored activities. 

Per this state law, scholars in Grades K-5 who possess a firearm, or threaten another person with a dangerous weapon, shall be permanently expelled and shall not be reinstated before the expiration of ninety (90) schools days after the date of expulsion. 

Per this state law, scholars in Grades 6-12 who violate any part of Public Act, shall be permanently expelled and shall not be reinstated before the expiration of one-hundred-and-eighty (180) school days after the date of expulsion. 

As required by federal law, the Superintendent (or designee) may recommend an alternative discipline. Expelled scholars shall be advised of the process, timeline and their right to petition for reinstatement. . Also see Public Act on page 59, Due Process item 7 on page 49, and Special Education and Section 504 Policies on page 37. 

A scholar found to be in possession of a dangerous weapon shall be given an opportunity to provide clear and convincing evidence of at least one (1) of the following: 

1. Scholar did not possess the object for use as a weapon, or for direct or indirect delivery to another person for use as a weapon.
2. Scholar did not know that he/she/they was in possession of the weapon.
3. Scholar did not know or have reason to know that the object was a dangerous weapon.
4. Scholar possessed the weapon at the suggestion, request, or direction of, or with the express permission of, school administrators or police authorities.
5. There is a rebuttable presumption that expulsion under subsection (2) for possession of a weapon in not justified if both of the following are met:
   • The school board or its designee determines in writing at least 1 of the factors listed in the subsection (items 1-4) has been established in a clear and convincing manner
   • The scholar has not history of suspension or expulsion