Weapons in School

Amanda, Lahee, & Anwen

OUR HANDOUT
 The Dilemma
The school you work at has very specific guidelines on rules
regarding students bringing weapons or items that could be
perceived as weapons to school. You are called into the
administrative office because one of the 9th grade students, Tyler,
came to school with a martial arts type weapon (nunchucks). He is
facing suspension, but explains that his mom told him to bring it to
school because he goes through some unsafe neighborhoods to
get to school. What is your response? Who might you consult with?
What do you do to support this student?
Steps to take as a
Counselor
9 steps of Ethical Decision Making
 Step 1: Define the Problem
Emotionally & Intellectually
INTELLECTUAL:
● The school has specific rules & guidelines in place regarding weapons on
campus.
● Tyler, the student facing suspension, brought his nunchucks (a martial arts
weapon) to school.
● Tyler was directed by his mother to bring his nunchucks to school as a
safety precaution while walking to school.
○ Neighborhood has concerning elements

EMOTIONAL:
● Tyler’s mom is concerned for Tyler’s physical wellbeing when traveling to
school
● Tyler may have possible feelings of fear or anxiety during his walk
○ Feelings most likely persist through school day and impede his
focus/ability
● Possible uncomfortability/distress from Tyler’s peers and school faculty
 Step 2: Apply the Ethical Codes and the Law
ASCA
A.5.c. Assess potential risks and benefits prior to
extending relationships beyond the school building and
school hours (indirect)
A.6.f. Attempt to establish a collaborative relationship
with outside service providers to best serve students
A.9.a. Inform parents/guardians and school
administration when a student poses a serious and
foreseeable risk of harm to self or others
A.9.c. Collaborate with school admin to ensure a student
has proper supervision and support
B.2.g. Inform appropriate officials of conditions that may
be potentially disruptive or damaging to the school’s
mission, personnel and property
B.2.o. Use school and community resources to promote
equity and access for all students (ASCA, 2022).
ACA
A.1.d. Consider enlisting the support, understanding, and
involvement of others (e.g., religious/spiritual/community
leaders, family members, friends) as positive resources
A.2.c. Counselors communicate information in ways that are
both developmentally and culturally appropriate.
A.12. Counselors do not abandon or neglect clients in
counseling. Counselors assist in making appropriate
arrangements for the continuation of treatment
B.2.a. Serious and Foreseeable Harm and Legal Requirements
B.5.b. Counselors respect the inherent rights and
responsibilities of parents/guardians regarding the welfare of
their children/charges according to law.
C.6.e. Counselors make a reasonable effort to provide
services to the public for which there is little or no financial
return
(ACA, 2014).
 Step 2: The Word of the Law
● Penal Code 16590 PC : the possession of weapons including nunchucks and more
○ Violations are punishable by imprisonment in county jail or in the state prison
● Penal Code 22010 : possession of nunchucks EXCEPTION is in martial arts class
○ Punishable by county jail imprisonment not exceeding one year
○ Possession of nunchucks are considered a misdemeanor
○ Maximum fee of $1,000
● Penal Code 626.10 : prohibits individuals from bringing weapons onto school
grounds
○ Can face either a misdemeanor or felony charge for bringing weapons onto
school grounds. Convictions of these charges leads to incarceration and fines
● Penal Code 12020(b)(3) : possession of nunchucks on the premises of a school
○ Punishable by county jail imprisonment not exceeding one year

https://www.shouselaw.com/ca/
 Step 3: Consider the Chronological and
Developmental Levels
AGE: 9th grade (~14-15 years old)

Chronological:
● Early Adolescent
● No signs of disability

Developmental:
● Piaget’s Formal operational stage (12 years- adult): able to reason abstractly and think in
hypothetical terms
● A period of personal and social identity formation, in which different roles, behaviors and
ideologies are explored (Erikson’s psychosocial development)
● Able to think logically (Tyler understands that he lives in an unsafe neighborhood and
might be better to have something to use as self-defense)
● Develop unique belief systems through their interaction with social, familial, and cultural
environments (Walker & Bobola, 2022)
Step 4: Consider the Setting, Parent Rights & Minor Rights

Setting = Main Issue

Individual Safety School Safety

Purpose for the weapon was
self defense
Tyler has to travel through
‘unsafe neighborhoods’ on
route to/from school
A weapon was on school grounds
along with other children and
adults
SROs are the only authorized
personnel with weapons
 Guardian Rights
❏ Ed code 49332: The parent or guardian
of a pupil from whom an injurious object
has been taken pursuant to this section
may be notified by school personnel of
the taking.
❏ Ed code 51101.a.
❏ 7. To have a school environment for their
child that is safe and supportive of learning
❏ 12. To be informed in advance about
school rules, including disciplinary rules
and procedures in accordance with Section
48980, attendance policies, dress codes,
and procedures for visiting the school
❏ State Law→ Upon the request of the parent,
receiving districts may provide transportation
assistance to the extent that the district otherwise
provides transportation assistance to other
students. -Education Commission of the states
Minor Rights
❏ Ed code 48900: (grounds for
suspension/expulsion) only explicitly
states possession for firearm or acts of
harassment/intimidation
❏ Ed code 49333: a pupil who brings an
injurious object to school, and who
presents the object to a certificated or
classified employee, may have the object
returned to him or her at the conclusion of
the school day, provided such injurious
object may be lawfully possessed off
school grounds
❏ Federal Law → required to provide
school transportation for SWD, federal
schools (NCLB), & homeless children
❏ State law → use discretion about
availability and bus routes
 Code of Conduct
Each student and guardian is given a district code of conduct that they
must sign before each school year. This outlines expectations for
creating a safe learning environment.

PPRA
Protection of Pupil Rights Amendment does not explicitly apply other
than his possible SES identity stress

FERPA
Family Education Records Protection Act also does not explicitly apply
unless suspension occurs and is included in Tyler’s records
 Step 5: Apply the Moral Principles

BENEFICE AUTONOMY NONMALEFICENCE

Provide transportational Specifically ask Tyler Simply confiscating the weapon
support or create a plan how he feels and how he may lead to harm to Tyler & his
to help Tyler feel safe could feel safer family; not crossing boundaries

JUSTICE FIDELITY VERACITY

Realize that Tyler’s situation SC role of prioritizing Fully disclose legal and ethical
reveals a specific need and student welfare calls for information, as well as school
equity gap us to support Tyler’s safe policies (including COC)
arrival and departure
Step 6: Determine the Potential Course of Action &
Their Consequences
Potential Course(s): (WHAT)
● CONSULT, CONSULT, CONSULT ?
● DISCUSS w/ TYLER and his mom
○ Suspension and possible alternatives (detention) ? ?
?
○ Confiscate nunchucks
○ Review district’s Code of Conduct ? Dilemma
○ Possible solutions: recruit family/trusted adult to transport
?
Tyler; consider bus transportation; coordinate with available
? ? ?
peers for carpool option
Consequences: ?
● (+) enhance family support; foster peer support/relationships; more trusting ?
counselor-student relationships; providing solutions that best suit Tyler’s needs,
INCREASED SAFETY/comfortability
● (–) restructuring bus route/accessibility (admin/funding issues);
Suspension/detention/ONLY confiscation does not meet Tyler’s needs; safety issue of
nunchucks
Step 7: Evaluate the Selected Course of Action
(WHY)

● Addressing school safety issue of an unauthorized

weapon on school grounds
● Prioritize Tyler’s safety and comfortability needs
● Collaborating with Tyler’s mom regarding the
school’s concerns
● Efforts to create alternative solutions (to bringing
nunchucks) so that Tyler is fully supported in his
learning experience
○ Tyler starts & ends his day with minimal anxiety/fear
regarding his safety
○ Tyler is able to attend to school like his peers (pay attention)
○ Attendance inequity is addressed
○ Why? → prioritize Tyler’s wellbeing, meeting his needs
Step 8: Consult
Consult Consult
(WHO)
● ★ School Resource Officer (SRO)

★ School administration

★ Other trusted school staffs

★ School counselors

★ School psychologists
 Step 9: Implement the Course of Action
(HOW)

1) CONSULT, CONSULT, CONSULT

2) Temporarily confiscate nunchucks (and explain to Tyler
and his mom why)
3) Notify Tyler’s mom of dilemma and urge for a meeting
with disciplinary team for alternative solutions
4) Discuss avenues of support that suit Tyler and his family’s
values, especially their idea of safety (prioritize their
comfortability)
a) Can there be a schedule where Tyler’s mom / other relatives
are able to drop Tyler off and pick him up?
b) Discuss with administration about possible school bus
transportation (bus route, accessibility process)
c) Encourage Tyler/Tyler’s mom to collaborate with peers to
create a carpool agreement (close friend, someone who lives
in the same neighborhood, etc.)
 REFERENCES
American Counseling Association. (2014). ACA code of ethics.
American School Counseling Association. (2022). ASCA Ethical Standards for School Counselors.
Justia. (n.d.). 2005 California Education Code sections 49330-49335 :: Article 3. :: Injurious objects . Justia Law., from
https://law.justia.com/codes/california/2005/edc/49330-49335.html
M., D. (2022, February 6). Penal code 22010 PC - are nunchucks legal in California? Shouse Law Group., from
https://www.shouselaw.com/ca/defense/penal-code/22010/
O'Conner, A., & Peterson, R. L. (2014, September). Codes of Conduct Policies. Codes of Conduct Policies | Student
Engagement Project | Nebraska. Retrieved October 26, 2022, from
https://k12engagement.unl.edu/codes-of-conduct-policies#Q1
Student Handbook - California Education Code for student discipline - LBUSD. Lbusd.org. (n.d.) from
https://www.lbusd.org/uploaded/1-District/Departments/Instructional_Services/Documents/Student_Handbook
_Section_7_California_Education_Code_for_Student_Discipline.pdf
Taylor, M. (2014, February 25). Review of School Transportation in California. Legislative Analyst's Office, from
https://lao.ca.gov/reports/2014/education/school-transportation/school-transportation-022514.aspx
Walker, N., & Bobola , F. (2022). Developmental Psychology. College of the Canyons.