ADMINISTRATIVE REGULATION - 5136.1
Introduction
Gang activity constitutes a clear and present danger to the well-being of our students, schools and community. These administrative regulations are designed to evoke a balanced administrative response to provide deliberate support to prevent potential gang affiliation and to suppress any current affiliation.
Definition
“Gang” means any ongoing organization, association or group of three or more persons, formal or informal, with a common identifying name, sign or symbol, whose members, individually or collectively, commit criminal acts.
Schools
Schools shall adopt policies and procedures, consistent with Board Policy and Education Code, to ensure that any student or group action shall be dealt with by appropriate disciplinary means if said action, symbolic or otherwise, as determined by the principal or designee, initiates or encourages activities that:
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threaten the physical or emotional well-being of persons or property on school campuses or at school-sponsored activities;
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advocate the commission of unlawful acts;
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disrupt school operations.
Schools shall work collaboratively with law enforcement agencies and shall maintain cooperative working relationships with other community-based gang suppression and prevention organizations.
Prevention
Student dress and appearance shall be consistent with Board Policy 5132. Any student displaying behavior, gestures, apparel or paraphernalia indicative of gang affiliation shall be referred to the principal or designee.
a. The student's parent/guardian shall be contacted and may be asked to meet with school staff.
b. The student may be sent home to change clothes if necessary.
Each school shall have the latitude to prohibit the use of any gestures or the presence of any apparel, jewelry, accessory, notebook or manner of grooming, which by nature of its color, arrangement, trademark, or any other attribute, disrupts school operations or is associated with a group that advocates or commits unlawful acts.
Schools shall promote student membership in school and community groups which provide students companionship, safety, and a sense of purpose and belonging.
A gang prevention education program shall be implemented, and shall be coordinated with community resources, where appropriate.
On-going staff in-service training in gang recognition, symbolic or otherwise, shall be provided.
Intervention
A student or group advocating, threatening or committing an unlawful act(s) will be disciplined pursuant to Education Code, Board Policy, and school rules and procedures.
Students for whom there is documented evidence of gang involvement shall be counseled. The notification of parent/guardian regarding such students shall occur in consultation with the police.
The District shall maintain a current list of community resources which provide intervention services. The list shall be made available to parents.
A student or group advocating or committing an unlawful act(s) shall be referred to the appropriate law enforcement agency.
Students seeking disassociation from gang affiliation shall be referred to community-based organizations.
The principal and school staff shall make every effort to assimilate all students into the academic, extracurricular and social mainstream of the school experience.
Graffiti
Any graffiti on school premises shall be removed, washed down or painted over as soon as discovered.
All graffiti shall be photographed before it is removed. These photographs may be shared with local law enforcement authorities and may be used in future disciplinary or criminal action against the offenders.
Legal Reference: Educational Code
32051 Hazing
32210 Disturbance of school
32211 Trespass
35181 Student responsibilities
35291.5 School rules, adoption
35294 School safety
44810 Interference with school (age 16+)
48900 Grounds for suspension and expulsion
48901.5 Electronic signaling devices (beepers)
48902 Notification to law enforcement
48907 Student rights and school regulation
49330-34 Weapons (injurious objects)
Penal Code
186.20 California Street Terrorism Enforcement and Prevention Act (Street Gangs)
415.5 Disturbance in schools
626.2 Disruption
626.8 Trespass (non-student)
626.9 Firearms at public school
626.10 Dirk, dagger, knife
627 Violent crimes, school grounds
627.2 Registration of non-school outsiders
647b Loitering about adult schools
653g Loitering at school
653k Switch-blade knife
12020 Firearms, ammunition, nunchakus, etc.
12025 Concealed weapons
13826 Gang Violence Suppression Program
(The above list is illustrative and not inclusive.)