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5138 BP Board Policy

Conflict Resolution/Peer Mediation

To promote student safety and contribute to the maintenance of a positive school climate, the Board of Education encourages the development of school-based conflict resolution programs designed to help students learn constructive ways of handling conflict. The Board believes that such programs can reduce violence and promote communication, personal responsibility and problem-solving skills among students. Conflict resolution strategies shall be considered as part of each school's comprehensive safety plan and incorporated into other district discipline procedures as appropriate. Conflict resolution programs shall not supplant the authority of staff to take appropriate action as necessary to prevent violence, ensure student safety, maintain order in the school, and institute disciplinary measures. Schoolwide programs may include curriculum in conflict resolution, including, but not limited to, instruction in effective communication and listening, critical thinking, problem-solving processes and the use of negotiation to find mutually acceptable solutions. In addition, the curriculum may address students' ethical and social development, respect for diversity, and interpersonal and behavioral skills. Conflict resolution programs may incorporate peer mediation strategies in which selected students are specially trained to work with their peers in resolving conflicts. Students' participation in any peer mediation program shall be voluntary and kept confidential by all parties involved. In developing a conflict resolution and/or peer mediation program, school-site teams shall address, as appropriate: - The grade levels and courses in which the conflict resolution curriculum shall be delivered - Staff development related to the implementation of the curriculum and modeling of appropriate behaviors and communication skills - The selection of peer mediators involving, to the extent possible, a cross-section of students in terms of grade, gender, race, ethnicity, and socioeconomic status, and including some students who exhibit negative leadership among peers - Training and support for peer mediators, including training in mediation processes and in the skills related to understanding conflict, communicating effectively and listening - The process for identifying and referring students to the peer mediation program - The types of conflicts suitable for peer mediation - Scheduling and location of peer mediation sessions - Methods of obtaining and recording agreement from all disputants - The appropriate involvement of parents/guardians, the community and staff, including counseling/guidance and security staff - Communications to students, parents/guardians and staff regarding the availability of the program - Methods of following up with students to determine the effectiveness of the process - Development of assessment tools to periodically evaluate the success of the program including, but not limited to, measurements of whether there has been a reduction in violence at the school and whether the school's suspension rates have fallen since the program has been introduced

Legal & Management References

State
Ed. Code 32280-32289.5 - School safety plans
Ed. Code 32295.5 - Teen court programs
Ed. Code 44807 - Teachers' duty concerning conduct of students
Ed. Code 51240 - Excuse from instruction due to religious beliefs
Management Resources
Court Decision - S.E. v Grey 782 F.Supp.3d 939 (S.D. Cal 2025)
Court Decision - Mahmoud v. Taylor (2025) 606 U.S. ____ (2025 WL 1773627)
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education, Safe Schools

Cross References