Franklin-McKinley ESD | AR 5136 Students
Cautionary Notice: As added and amended by SBX3 4 (Ch. 12, Third Extraordinary Session, Statutes of 2009) and ABX4 2 (Ch. 2, Fourth Extraordinary Session, Statutes of 2009), Education Code 42605 grants districts flexibility in "Tier 3" categorical programs. The Franklin-McKinley School District has accepted this flexibility and thus is deemed in compliance with the statutory or regulatory program and funding requirements for these programs for the 2008-09 through 2012-13 fiscal years. As a result, the district may temporarily suspend certain provisions of the following policy or regulation that reflect these requirements. For further information, please contact the Superintendent or designee
In accordance with Governing Board policy, individual schools that have a gang presence may, in their safety plans, include schoolwide dress codes which prohibit the presence of gang-related apparel and grooming at school or school activities. Schoolwide dress codes shall define "gang-related apparel" and shall limit this definition to apparel that reasonably could be determined to threaten the health and safety of the school environment if it were worn or displayed on a school campus.
Because gang-related symbols are constantly changing, definitions of gang-related apparel shall be reviewed at least once each semester and updated whenever related information is received.
(cf. 5132 - Dress and Grooming)
Prevention and Intervention Measures
In order to discourage the influence of gangs, school staff shall take the following measures:
1. 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.
c. Staff members shall be provided with the names of known gang members. In such cases all reasonable efforts will be made to maintain confidentiality.
d. Students who seek help in rejecting gang associations may be referred to community-based gang suppression and prevention organizations.
(cf. 1020 - Youth Services)
2. Any gang graffiti on school premises shall be removed, washed down or painted over as soon as possible.
a. Graffiti may be photographed before it is removed. These photographs shall be shared with local law enforcement authorities and used in future disciplinary or criminal action against the offenders.
(cf. 5131.5 - Vandalism, Theft and Graffiti)
(cf. 5137 - Positive School Climate)
(cf. 6030 - Integrated Academic and Vocational Instruction)
3. Gang prevention lessons may be taught jointly by teachers and law enforcement staff.
4. Staff may actively promote membership in authorized student organizations which can provide students companionship, safety, and a sense of purpose and belonging, including:
a. Positive sports and cultural activities and affiliations with the local community
b. Structured, goal-oriented community service projects
(cf. 6142.4 - Learning through Community Service)
Gang prevention classes or counseling offered for parents/ guardians are encouraged to address the following topics:
1. The dangers of gang membership
2. Warning signs which may indicate that children are at risk of becoming involved with gangs
3. The nature of local gang apparel and graffiti
4. Effective parenting techniques
Community programs are encouraged to address:
1. The scope and nature of local gang problems
2. Strategies by which each segment of the community may alleviate gang problems
Regulation FRANKLIN-MCKINLEY SCHOOL DISTRICT
approved: November 12, 1996 San Jose, California