5131.4
BP
Board Policy
Student Disturbances
The Board of Education desires to provide orderly campuses that create a positive school environment and are conducive to learning. When students initiate or are involved in a campus disturbance that has the potential to threaten the safety of students or staff, the Superintendent or designee may request law enforcement assistance.
The Superintendent or designee and the principal of each school shall establish a school disturbance response plan that is intended to curb disruptions which may lead to riots, violence, or vandalism at school or at school-sponsored events. In developing each school's plan, the Superintendent or designee shall consult with local law enforcement authorities to create guidelines for law enforcement support and intervention.
Staff are encouraged to be alert to conditions at school that may lead to a disturbance, such as racial or cultural conflict, student protests, or gang intimidation and confrontations. Staff who believe that a disturbance is imminent, or who see a disturbance occurring, shall immediately contact the principal and invoke the school safety plan.
Students who participate in a campus disturbance shall be subject to disciplinary action in accordance with Board policy and administrative regulations.
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