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Perris Union HSD |  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)

The Superintendent or designee shall provide inservice training which helps staff to identify gangs and gang symbols, recognize early manifestations of disruptive activities, and respond appropriately to gang behavior. Staff shall be informed about conflict management techniques and alerted to intervention measures and community resources.

The Board realizes that many students become involved in gangs without understanding the consequences of gang membership. Gang violence prevention education shall start with students in the early elementary grades and may start in kindergarten.

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 and other appropriate resource personnel as needed. If a student exhibits signs of gang affiliation, staff shall so inform the parent/guardian.

(cf. 6164.2 - Guidance Services)

Note: Education Code 35183 states that the Board may adopt reasonable regulations prohibiting students from wearing gang-related apparel if it determines the regulations are necessary for health and safety purposes. The definition of "gang-related apparel" must be limited to apparel that reasonably could be determined to threaten the health and safety of the school environment. In Marvin H. Jeglin et al v. San Jacinto Unified School District et al, 827 F.Supp. 1459 (C.D. Cal. 1993), a federal district court held that in order to justify a gang-related dress code, there must be evidence of a gang presence at a school and actual or threatened disruption or material interference with school activity. Education Code 35294.1 specifies that for the above purposes, gang-related apparel shall not be considered a protected form of speech pursuant to Education Code 48950.

The Board believes that gang-related apparel 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 on school grounds.

(cf. 3515 - School Safety and Security)

(cf. 5132 - Dress and Grooming)

Legal Reference:

EDUCATION CODE

32281 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)

UNITED STATES CODE, TITLE 20

7101-7184 Safe and Drug-Free Schools and Communities Act

Management Resources:

CDE PUBLICATIONS

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

Policy PERRIS UNION HIGH SCHOOL DISTRICT

adopted: May 10, 1989 Perris, California

revised: June 8, 1994

revised: September 27, 1995

revised: February 29, 1996