5131.4
AR
Administrative Regulation
Student Disturbances
Prohibited Activities
A student involved or attempting to be involved in any of the following prohibited activities shall be subject to discipline:
- Disturbing the peace, including, but not limited to, causing or attempting to cause a riot, burning or destroying property, fighting, challenging another to fight, or using offensive words likely to provoke a fight
- Disrupting school operations, including, but not limited to, exercising free expression which is obscene, libelous, or slanderous or so incites students as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of lawful school regulations, or substantially disrupting the orderly operation of the school (Education Code 48907)
Other examples of activities that may be considered disrupting school operations include, but are not limited to:
- Organizing or participating in unauthorized assemblies on school premises
- Participating in sit-ins or stand-ins which deny students or employees normal access to school premises
- Interfering with or unauthorized use of the district's computer system
- Refusing to disperse, including, but not limited to, assembling for the purpose of causing a disruption and refusing to disperse upon the direction of school personnel
- Boycotting school, including, but not limited to, participating in any protest that involves nonattendance where attendance is required at school, class, or at a school activity
Any student who participates in a boycott shall be given an unexcused absence and may be classified as truant, regardless of any parent/guardian approval of the absence.
Extension of Class Period and/or Dismissal of School
During any disturbance in which additional students might become involved while changing classes, the principal or designee may notify all staff that any class currently in session will be extended until further notice. Upon receiving this notification, staff shall ensure that all students in their charge remain in one location under their supervision and shall ask all students who are in the halls to return to their classes immediately.
The principal may also request that the Superintendent dismiss school in accordance with the school disturbance response plan.
Legal & Management References
State
CA Constitution Article 1, Section 2 - Freedom of speech and expression
Ed. Code 32210 - Willful disturbance of public school or meeting
Ed. Code 32211 - Threatened disruption or interference with classes
Ed. Code 32280-32289.6 - School safety plans
Ed. Code 35160 - Authority of governing boards
Ed. Code 38000-38005 - Security departments
Ed. Code 44810 - Willful interference with classroom conduct
Ed. Code 44811 - Disruption of classwork or extracurricular activities
Ed. Code 48205 - Excused absences
Ed. Code 48900 - Grounds for suspension or expulsion
Ed. Code 48907 - Exercise of free expression; time, place, and manner rules and regulations
Ed. Code 51512 - Prohibited use of electronic listening or recording device
Pen. Code 243.5 - Assault or battery on school property
Pen. Code 403-420 - Crimes against the public peace
Pen. Code 415 - Fighting; noise; offensive words
Pen. Code 415.5 - Disturbance of peace of school; unlawful fighting, noise, offensive words
Pen. Code 416 - Assembly to disturb peace; refusal to disperse
Pen. Code 626-626.11 - Weapons on school grounds and other school crimes
Pen. Code 627-627.10 - Access to school premises
Pen. Code 653b - Loitering about schools or public places
Federal
U.S. Constitution, First Amendment - Free exercise, free speech, and establishment clauses
Management Resources
Court Decision - Dariano v. Morgan Hill Unified School District (2014) 767 F.3d 764
U.S. Department of Education Publication - Practical Information on Crisis Planning: A Guide for Schools and Communities, Jan. 2007
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education, Safe Schools
Website - CSBA
Cross References
0450 AR Comprehensive Safety Plan
1313 BP Civility
3515 AR Campus Security
3515.2 AR Disruptions
3515.7 BP Firearms On School Grounds
4119.1 BP Civil And Legal Rights
4119.25 AR Political Activities Of Employees
4158 AR Employee Security
4219.1 BP Civil And Legal Rights
4219.25 BP Political Activities Of Employees
4258 AR Employee Security
4319.1 BP Civil And Legal Rights
4358 AR Employee Security
5113 AR Absences And Excuses
5113.1 AR Chronic Absence And Truancy
5131 BP Conduct
5131.41 AR Use Of Seclusion And Restraint
5131.8 BP Mobile Communication Devices
5136 AR Gangs
5137 BP Positive School Climate
5142 AR Safety
5144 AR Discipline
5144.1 AR Suspension And Expulsion/Due Process
5145.2 AR Freedom Of Speech/Expression
5145.9 BP Hate-Motivated Behavior
6116 AR Classroom Interruptions
6145.8 BP Assemblies And Special Events
6184 AR Continuation Education