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Franklin-McKinley ESD  |  BP  5136  Students

Gangs   

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The Governing Board desires to keep District schools free from the threats or harmful influence of any groups or gangs which exhibit drug use, violence or disruptive behavior. The Superintendent or designee shall take steps to deter gang intimidation of students and staff and confrontations between members of different gangs. He/she shall exchange information and establish mutually supportive efforts with local law enforcement authorities.

(cf. 3515.1 - Crime Data Reporting)

(cf. 5131.4 - Campus Disturbances)

(cf. 5131.7 - Weapons and Dangerous Instruments)

To further discourage the influence of gangs, the Superintendent or designee shall ensure that school rules of conduct are enforced consistently and that all students have access to counselors as needed. If a student exhibits signs of gang affiliation, staff shall so inform the parent/guardian.

(cf. 6164.2 - Guidance Services)

The Board believes that gang-related apparel and grooming is hazardous to the health and safety of the school environment. When there is evidence of a gang presence in District schools that disrupts or threatens to disrupt school activities, the Superintendent or designee may establish reasonable dress code regulations prohibiting students from wearing gang-related apparel. In addition, individual schools may, in their school safety plans, prohibit gang-related apparel and grooming on school grounds.

(cf. 3515 - School Safety and Security)

(cf. 5132 - Dress and Grooming)

Legal Reference:

EDUCATION CODE

32282 School safety plans

35183 Gang-related apparel

41510-41514 School Safety Consolidated Competitive Grant

48907 Student exercise of free expression

51264 Educational inservice training; CDE guidelines

51265 Gang violence and drug and alcohol abuse prevention inservice training

51266-51266.5 Model gang and substance abuse prevention curriculum

PENAL CODE

186.22 Participation in criminal street gang

13826-13826.7 Gang violence suppression

Marvin H. Jeglin et al v. San Jacinto Unified School District et al 827 F.Supp. 1459 (C.D. Cal. 1993)

Management Resources:

CDE PUBLICATIONS

On Alert: Gang Prevention in School and Inservice Guidelines, January 1994

Policy FRANKLIN-MCKINLEY SCHOOL DISTRICT

adopted: November 12, 1996 San Jose, California