Index
(a) For each fiscal year, beginning October 1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues and upon appropriation by the Legislature, an amount of up to and including two hundred twenty-five thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For each fiscal year, beginning October 1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in the amounts provided for in Section 41-15B-2.1, shall be allocated as follows:
(2) Twenty-two percent of the fund shall be allocated to the State Board of Education to one or more of the following:
b.1. The School Safety Enhancement Program. The amount of monies available to each local board of education shall be determined by the State Board of Education based upon the second month enrollment of the preceding school year. To be eligible to initially receive a portion of the monies, each local board of education shall submit a grant application pursuant to guidelines promulgated by the State Board of Education with provisions for annual renewal of the grants. Provisions for program evaluation in order to determine effectiveness and financial accountability shall be included in the guidelines. The guidelines shall include all of the following:
2. School Safety Enhancement Programs eligible for grants shall be designed to prevent or reduce violence in the schools and communities and reduce school disciplinary or safety problems. The programs shall relate to one or more of the following:
(vi) Drug, alcohol, or tobacco or gang-related or satanic worshipping-related education, prevention, detection, or enforcement programs.
A. Except as otherwise prescribed in section 13-3411, a person who is convicted of a felony offense that is committed in a school safety zone is guilty of the same class of felony that the person would otherwise be guilty of if the violation had not occurred within a school safety zone, except that the court may impose a sentence that is one year longer than the minimum, maximum and presumptive sentence for that violation if the person is not a criminal street gang member or up to five years longer than the minimum, maximum and presumptive sentence for that violation if the person is a criminal street gang member. The additional sentence imposed under this subsection is in addition to any other enhanced punishment that may be applicable under section 13-703, section 13-704, section 13-706, section 13-708, subsection D or chapter 34 of this title.
B. In addition to any other penalty prescribed by this title, the court may order a person who is subject to subsection A of this section to pay a fine of not less than two thousand dollars and not more than the maximum authorized by chapter 8 of this title.
C. Each school district governing board or its designee, or chief administrative officer in the case of a nonpublic or charter school, may place and maintain permanently affixed signs that are located in a visible manner at the main entrance of each school and that identify the school and its accompanying grounds as a school safety zone. A school may include information regarding the school safety zone boundaries on a sign that identifies the area as a drug free zone and not post separate school safety zone signs.
D. For the purposes of this section:
1. "School" means any public or nonpublic kindergarten program, common school or high school.
2. "School safety zone" means any of the following:
(a) The area within three hundred feet of a school or its accompanying grounds.
(b) Any public property within one thousand feet of a school or its accompanying grounds.
(c) Any school bus.
(d) A bus contracted to transport pupils to any school during the time when the contracted vehicle is transporting pupils on behalf of the school.
(e) A school bus stop.
(f) Any bus stop where school children are awaiting, boarding or exiting a bus contracted to transport pupils to any school.
A. A public educational institution shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression.
F. This section shall not be construed to limit the authority of any public educational institution to do any of the following:
4. Adopt and enforce policies and procedures that prohibit students from wearing any type of clothing, accessories and jewelry that is worn with the intent to convey affiliation with a criminal street gang as defined in § 13-105.
(b)(1) The school climate will promote student achievement.
(2) Every school and school district will enforce school district policies to ensure the safety of every student during school hours at school-sponsored activities. These policies will include, at a minimum, policies on weapons, violence, tobacco, alcohol, other drugs, gangs, and sexual harassment.
(a) A school district shall develop a school safety plan and provide annual training for all of its employees and students, to the extent practicable, in preventing and responding to acts of violence, terrorism, natural disaster, and other emergencies, including without limitation:
(1) Tornado safety drills under § 6-10-121;
(2) Emergency plans and panic button alert systems under § 6-15-1302; and
(3) (A) Annual active shooter drills and school safety assessments in collaboration with local law enforcement and emergency management personnel for all schools, including a school lockdown exercise with panic button alert system training.
(B) The purpose of the training is to allow participants to:
(i) Discuss simulated emergency situations in a low-stress environment;
(ii) Clarify the roles and responsibilities of individuals and the logistics of handling an emergency on the school campus; and
(iii) Identify areas in which the school safety plan should be modified.
(b)(1) On or before September 1, 2015, a school shall provide floor plans and pertinent emergency contact information to be used in connection with the panic button alert system through the statewide Smart911 system.
(2) Public school administration shall update the information as necessary, including when substantial building modifications or changes are made.
(3) Information provided under this subsection are not public records and are not available for public inspection.
(c)(1) Subject to an appropriation and funding for this purpose, the Criminal Justice Institute shall provide the necessary training and education for:
(A) Personnel designated by a school district or an education service cooperative concerning the active shooter drills required under this section through its Safe Schools Initiative; and
(B) Law enforcement officers, emergency management personnel, and other persons who will conduct the school safety assessments and active shooter drills on a school campus under this section.
(2)(A) The Safe Schools Initiative training for school personnel shall be hosted by an education service cooperative of which the school district is a constituent.
(B) The designated personnel who receive the Safe Schools Initiative training shall train other school employees and students.
(C) The Safe Schools Initiative training also may include without limitation the training and education needed to assist a public school in:
(i) Developing prevention strategies and enhancing existing crisis management plans for campus security and safety issues;
(ii) Delivering education to students and faculty on public safety and legal topics such as drugs and alcohol abuse, sexual assault, bullying and cyberbullying, gangs, preventing the possession of weapons by minors, and responding to the threat of weapons at school;
(iii) Preparing school safety assessments; and
(iv) Cooperating effectively with law enforcement officers in the school setting.
(3) The following agencies or persons may conduct a school safety assessment and active shooter drill for a school district after receiving training from the Criminal Justice Institute:
(A) The Arkansas Law Enforcement Training Academy;
(B) The Department of Arkansas State Police;
(C) The Arkansas Department of Emergency Management;
(D) The Black River Technical College Law Enforcement Training Academy; or
(E) Other persons or entities identified on the Criminal Justice Institute's website as having received the training.
(4) Annual training and active shooter drills may be conducted during the instructional day or during noninstructional time periods as determined by the school district.
(d) Subject to an appropriation and funding for this purpose, each public school, in collaboration with the school district, may install communications equipment that is interoperable with the Arkansas Wireless Information Network system.
(a) The Legislature finds and declares each of the following:
(1) The children of this state have the right to an effective public school education. Both students and staff of the primary, elementary, junior and senior high school campuses have the constitutional right to be safe and secure in their persons at school. However, children in many of our public schools are forced to focus on the threat of violence and the messages of violence contained in many aspects of our society, particularly reflected in gang regalia that disrupts the learning environment.
(2) "Gang-related apparel" is hazardous to the health and safety of the school environment.
(3) Instructing teachers and administrators on the subtleties of identifying constantly changing gang regalia and gang affiliation takes an increasing amount of time away from educating our children.
(4) Weapons, including firearms and knives, have become common place upon even our elementary school campuses. Students often conceal weapons by wearing clothing, such as jumpsuits and overcoats, and by carrying large bags.
(5) The adoption of a schoolwide uniform policy is a reasonable way to provide some protection for students. A required uniform may protect students from being associated with any particular gang. Moreover, by requiring schoolwide uniforms teachers and administrators may not need to occupy as much of their time learning the subtleties of gang regalia.
(6) To control the environment in public schools to facilitate and maintain an effective learning environment and to keep the focus of the classroom on learning and not personal safety, schools need the authorization to implement uniform clothing requirements for our public school children.
(7) Many educators believe that school dress significantly influences pupil behavior. This influence is evident on school dressup days and color days. Schools that have adopted school uniforms experience a "coming together feeling," greater school pride, and better behavior in and out of the classroom.
(b) The governing board of any school district may adopt or rescind a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits pupils from wearing "gang-related apparel" if the governing board of the school district approves a plan that may be initiated by an individual school’s principal, staff, and parents and determines that the policy is necessary for the health and safety of the school environment. Individual schools may include the reasonable dress code policy as part of its school safety plan, pursuant to Section 32281.
(c) Adoption and enforcement of a reasonable dress code policy pursuant to subdivision (b) is not a violation of Section 48950. For purposes of this section, Section 48950 shall apply to elementary, high school, and unified school districts. If a schoolwide uniform is required, the specific uniform selected shall be determined by the principal, staff, and parents of the individual school.
(d) A dress code policy that requires pupils to wear a schoolwide uniform shall not be implemented with less than six months’ notice to parents and the availability of resources to assist economically disadvantaged pupils.
(e) The governing board shall provide a method whereby parents may choose not to have their children comply with an adopted school uniform policy.
(f) If a governing board chooses to adopt a policy pursuant to this section, the policy shall include a provision that no pupil shall be penalized academically or otherwise discriminated against nor denied attendance to school if the pupil’s parents chose not to have the pupil comply with the school uniform policy. The governing board shall continue to have responsibility for the appropriate education of those pupils.
(g) A policy adopted pursuant to this section shall not preclude pupils that participate in a nationally recognized youth organization from wearing organization uniforms on days that the organization has a scheduled meeting.
(a) The State Department of Education shall prepare and distribute to school districts and county offices of education guidelines for incorporating in-service training in gang violence and drug and alcohol abuse prevention for teachers, counselors, athletic directors, school board members, and other educational personnel into the staff development plans of all school districts and county offices of education.
(b) The department shall, upon request, assist school districts and county offices of education in developing comprehensive gang violence and drug and alcohol abuse prevention in-service training programs. The department's information and guidelines, to the maximum extent possible, shall encourage school districts and county offices of education to avoid duplication of effort by sharing resources; adapting or adopting model in-service training programs; developing joint and collaborative programs; and coordinating efforts with existing state staff development programs, county gang violence and drug and alcohol staff development programs, county health departments, county and city law enforcement agencies, and other public and private agencies providing health, drug, alcohol, gang violence prevention, or other related services at the local level.
(c) The department shall assist school districts and county offices of education in qualifying for the receipt of federal and state funds to support their gang violence and drug and alcohol abuse prevention in-service training programs.
(d) Each school that chooses to utilize the provisions of this article related to in-service training in gang violence and drug and alcohol abuse prevention is encouraged to develop a single plan to strengthen its gang violence and drug and alcohol abuse prevention efforts. If a school develops or has developed a school improvement plan pursuant to Article 2 (commencing with Section 52010) of Chapter 6 of Part 28, or a school safety plan pursuant to Article 5 (commencing with Section 32280) of Chapter 2.5 of Part 19, it is encouraged to incorporate into that plan, where appropriate, the gang violence and drug and alcohol prevention plan that it has developed.
(e) The department shall consult with the Office of Emergency Services regarding gang violence.
It is the intent of the Legislature that school districts and county offices of education give high priority to gang violence and drug and alcohol abuse prevention in-service training programs, which shall be part of the overall strategy for comprehensive gang violence and drug and alcohol abuse prevention education.
"Gang violence and drug and alcohol abuse prevention in-service training" for purposes of this article means the presentation of programs, instruction, and curricula that will help educators develop competencies in interacting in a positive manner with children and youth to assist them in developing the positive values, self-esteem, knowledge, and skills to lead productive, gang-free, and drug-free lives; develop knowledge of the causes of gang violence and substance abuse, and the properties and effects of tobacco, alcohol, narcotics, and dangerous drugs, including the risk of contracting acquired immune deficiency syndrome (AIDS) associated with intravenous drug use; receive training regarding available information and resources concerning gang violence and drug and alcohol abuse prevention as well as antigang and antisubstance abuse crime trends; develop familiarity with teaching social skills and resistance skills to children and youth; and develop skills in conducting effective education, which includes methods and techniques for helping children and youth to freely express ideas and opinions in a responsible manner and to understand the nature and consequences of their decisions as they relate to gang involvement and drug and alcohol abuse.
(a) The Office of Emergency Services, in collaboration with the State Department of Education, shall develop a model gang violence suppression and substance abuse prevention curriculum for grades 2, 4, and 6. The curriculum for grades 2, 4, and 6 shall be modeled after a similar curriculum that has been developed by the Orange County Office of Education for grades 3, 5, and 7. The Office of Emergency Services, in collaboration with the State Department of Education, may contract with a county office of education for the development of the model curriculum. The model curriculum shall be made available to school districts and county offices of education and shall, at a minimum, provide for each of the following:
(1) Lessons for grades 2, 4, and 6 that are aligned with the state curriculum frameworks for history, social science, and English and language arts.
(2) Instructional resources that address issues of ethnic diversity and at-risk pupils.
(3) The integration of the instructional resources of the Office of Emergency Services and the School/Law Enforcement Partnership in order to support the school curriculum and assist in the alignment of the state curriculum framework.
(b) The Office of Emergency Services shall develop an independent evaluation of the pupil outcomes of the model gang violence suppression and substance abuse prevention curriculum program.
The Rural Gang Task Force Subcommittee provided for by Subdivision (g) of Section 13826.1 of the Penal Code, in collaboration with the Gang Violence Suppression Advisory Committee provided for by Subdivision (g) of Section 13826.1 of the Penal Code and the Office of Emergency Services, shall review the model gang violence suppression and substance abuse prevention curriculum for grades 2, 4, and 6, developed pursuant to Section 51266, and identify methods by which the curriculum can best be utilized in rural school settings.
School districts, county offices of education, or any consortium thereof, receiving funding under this chapter shall develop or adopt and implement a gang violence prevention curriculum, provide gang violence prevention and intervention services for school-aged children, and shall be encouraged to do all of the following:
(a) Establish a local steering committee comprised of representatives of each local program funded under this chapter, corporations, small businesses, and other appropriate local, county, and community organization knowledgeable in the area of youth gang violence.
(b) Develop and distribute information concerning parent education and parenting classes, including methods whereby parents may recognize youth gang involvement.
(c) Identify and utilize the resources of appropriate community-based organizations involved in the coordination of after school activities for school-aged youth.
(d) Establish contact between positive role models and youth involved in gang activity through adopt-a-youth programs and similar programs.
(e) Incorporate into gang prevention activities references to the relationship between drug abuse and gang violence.
(f) Develop partnerships between schools and businesses for the purpose of enhancing pupil achievement through such methods as tutorial services, field trips, role modeling, and other supportive services.
(g) Develop methods of assuring followup services for children receiving the initial gang violence prevention and intervention services.
(8) Nothing in this section shall be construed to limit the promulgation or enforcement of lawful school regulations designed to control gangs. For the purposes of this section, the definition of “gang” shall be the definition found in section 19-1-103(52), C.R.S.
(a) Any local or regional board of education may authorize the administration of the schools under its direction to suspend from school privileges a pupil whose conduct on school grounds or at a school-sponsored activity is violative of a publicized policy of such board or is seriously disruptive of the educational process or endangers persons or property or whose conduct off school grounds is violative of such policy and is seriously disruptive of the educational process. In making a determination as to whether conduct is seriously disruptive of the educational process, the administration may consider, but such consideration shall not be limited to, (1) whether the incident occurred within close proximity of a school; (2) whether other students from the school were involved or whether there was any gang involvement; (3) whether the conduct involved violence, threats of violence, or the unlawful use of a weapon, as defined in Section 29-38, and whether any injuries occurred; and (4) whether the conduct involved the use of alcohol. Any such board may authorize the administration to suspend transportation services for a pupil whose conduct while awaiting or receiving transportation to and from school endangers persons or property or is violative of a publicized policy of such board. Unless an emergency exists, no pupil shall be suspended without an informal hearing by the administration, at which such pupil shall be informed of the reasons for the disciplinary action and given an opportunity to explain the situation, provided nothing herein shall be construed to prevent a more formal hearing from being held if the circumstances surrounding the incident so require, and further provided no pupil shall be suspended more than ten times or a total of fifty days in one school year, whichever results in fewer days of exclusion, unless such pupil is granted a formal hearing pursuant to sections 4-176e and 4-80a, inclusive, and section 4-181a. If an emergency situation exists, such hearing shall be held as soon after the suspension as possible.
(a)(1) Any local or regional board of education, at a meeting at which three or more members of such board are present, or the impartial hearing board established pursuant to subsection (b) of this section, may expel, subject to the provisions of this subsection, any pupil in grades three to twelve, inclusive, whose conduct on school grounds or at a school-sponsored activity is violative of a publicized policy of such board or is seriously disruptive of the educational process or endangers persons or property or whose conduct off school grounds is violative of such policy and is seriously disruptive of the educational process, provided a majority of the board members sitting in the expulsion hearing vote to expel and that at least three affirmative votes for expulsion are cast. In making a determination as to whether conduct is seriously disruptive of the educational process, the board of education or impartial hearing board may consider, but such consideration shall not be limited to, (A) whether the incident occurred within close proximity of a school; (B) whether other students from the school were involved or whether there was any gang involvement; (C) whether the conduct involved violence, threats of violence, or the unlawful use of a weapon, as defined in section 29-38, and whether any injuries occurred; and (D) whether the conduct involved the use of alcohol.
(a) Each school district and charter school shall ensure that its public school employees receive combined training each year totaling 1 hour in the identification and reporting of criminal youth gang activity pursuant to § 617 of Title 11 and bullying prevention pursuant to § 4112D of this title. The training materials shall be prepared by the Department of Justice and the Department of Education in collaboration with law enforcement agencies, the Delaware State Education Association, the Delaware School Boards Association, and the Delaware Association of School Administrators.
For purposes of this subchapter, the term:
(3) “School resource officer” means a sworn MPD officer assigned to DCPS or public charter schools for the purpose of working in collaboration with DCPS, public charter schools, and community-based organizations to:
(B) Address crime and disorder, gang, and drug activity problems affecting or occurring in or around the schools tow hich the school resource officer is assigned
(a) There is established within the Metropolitan Police Department a School Safety Division that shall provide security for the District of Columbia Public Schools.
(b) The School Safety Division shall be headed by a Director, appointed by, and reporting to, the Chief of Police with rank equal to a Commander or above.
(d)(1) The School Safety Division shall develop a plan to be implemented before the beginning of each DCPS school year for protecting children walking to and from DCPS and public charter schools and for protecting children from gang and crew violence on, in, and around DCPS and public charter schools' property. Beginning in 2009, this plan shall be provided to the Mayor, the Council, and the Chancellor, by August 15th of each year.
(2) The plan shall include a description of:
(A) Safety issues children may face during passage to and from school, and recommended solutions to these issues; and
(B) A description of specific gang and crew conflicts and recommended solutions for the protection of children from gang and crew violence on, in, and around DCPS and public charter schools property.
The School Safety Division shall develop a training curriculum for all school security personnel providing security for DCPS. The curriculum shall be focused on training supervisory and on-site personnel so that they will provide appropriate security procedures for the various socioeconomic conditions at each educational facility. The curriculum shall include training in the following areas:
(9) Gang and crew violence prevention.
(b) The Chief of Police may declare any area within 1,000 feet of the perimeter of the grounds of a District of Columbia public school or public charter school or within 300 feet of the boundary of the area affecting passage between the school and proximate public transportation a school safe passage emergency zone during a school day for a period not to exceed 5 consecutive school days when the school is in session. The Chief of Police shall inform his or her commanders, the Mayor, and the Council of the declaration of a school safe passage emergency zone and explain the basis for it pursuant to subsection (c) of this section.
(e)(1) It shall be unlawful for a person to congregate in a group of 3 or more persons on public space or public property within a school safe passage emergency zone established pursuant to subsection (b) of this section for the purpose of engaging in an assault-related offense, a crime of violence, or a dangerous crime, and fail to disperse after being instructed to disperse by a uniformed officer of the MPD, or a non-uniformed officer of the MPD upon display of MPD identification, who reasonably believes the person is congregating for the purpose of engaging in an assault-related offense, a crime of violence, or a dangerous crime.
(2) In making a determination that a person is congregating in a school safe passage emergency zone for the purpose of engaging in an assault-related offense, a crime of violence, or a dangerous crime, the totality of the circumstances involved shall be considered. Among the circumstances which may be considered in determining purpose are:
(C) Whether the person is identified by an officer as a member of a gang or association which engages in assault-related offenses, crimes of violence, or dangerous crimes.
Each educational facility which employs campus policemen, including institutions of the University System of Georgia, shall report to the Georgia Bureau of Investigation and to the local law enforcement agency incidents of criminal gang activity as defined by Code Section 16-15-3 which occur on or adjacent to the campus of such educational facility.
It shall also be the responsibility of the principal to utilize resources of proper law enforcement agencies when the safety and welfare of students and teachers are threatened by illegal use of drugs and alcohol, by illegal use or possession of weapons, or by illegal gang activity.
All courts and law enforcement agencies of the State of Illinois and its political subdivisions shall report to the principal of any public school in this State whenever a child enrolled therein is detained for proceedings under the Juvenile Court Act of 1987, as heretofore and hereafter amended, or for any criminal offense, including illegal gang activity, or any violation of a municipal or county ordinance. The report shall include the basis for detaining the child, circumstances surrounding the events which led to the child's detention, and status of proceedings. The report shall be updated as appropriate to notify the principal of developments and the disposition of the matter.
The information derived thereby shall be kept separate from and shall not become a part of the official school record of such child and shall not be a public record. Such information shall be used solely by the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest to aid in the proper rehabilitation of the child and to protect the safety of students and employees in the school.
(a) A person commits criminal street gang recruitment on school grounds or public property adjacent to school grounds when on school grounds or public property adjacent to school grounds, he or she knowingly threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so.
(a-5) A person commits the offense of criminal street gang recruitment of a minor when he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so, whether or not such threat is communicated in person, by means of the Internet, or by means of a telecommunications device.
(b) Sentence. Criminal street gang recruitment on school grounds or public property adjacent to school grounds is a Class 1 felony and criminal street gang recruitment of a minor is a Class 1 felony.
(c) In this Section:
"School grounds" means the building or buildings or real property comprising a public or private elementary or secondary school, community college, college, or university and includes a school yard, school playing field, or school playground.
"Minor" means any person under 18 years of age.
"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
"Telecommunications device" means a device that is capable of receiving or transmitting speech, data, signals, text, images, sounds, codes, or other information including, but not limited to, paging devices, telephones, and cellular and mobile telephones.
(a) The Indiana safe schools fund is established to do the following:
(1) Promote school safety through the:
(A) use of dogs trained to detect drugs and illegal substances; and
(B) purchase of other equipment and materials used to enhance the safety of schools.
(2) Combat truancy.
(3) Provide matching grants to schools for school safe haven programs.
(4) Provide grants for school safety and safety plans.
(5) Provide educational outreach and training to school personnel concerning:
(A) the identification of;
(B) the prevention of; and
(C) intervention in;
bullying.
(6) Provide educational outreach to school personnel and training to school safety specialists and school resource officers concerning:
(A) the identification of;
(B) the prevention of; and
(C) intervention in;
criminal gang activities.
(b) The fund consists of amounts deposited:
(1) under IC 33-37-9-4; and
(2) from any other public or private source.
(c) The institute shall determine grant recipients from the fund with a priority on awarding grants in the following order:
(1) A grant for a safety plan.
(2) A safe haven grant requested under section 10 of this chapter.
(3) A safe haven grant requested under section 7 of this chapter.
(d) Upon recommendation of the council, the institute shall establish a method for determining the maximum amount a grant recipient may receive under this section.
(a) The school safety specialist training and certification program is established.
(b) The school safety specialist training program shall provide:
(1) annual training sessions, which may be conducted through distance learning or at regional centers; and
(2) information concerning best practices and available resources;
for school safety specialists and county school safety commissions.
(c) The department of education shall do the following:
(1) Assemble an advisory group of school safety specialists from around the state to make recommendations concerning the curriculum and standards for school safety specialist training.
(2) Develop an appropriate curriculum and the standards for the school safety specialist training and certification program. The department of education may consult with national school safety experts in developing the curriculum and standards. The curriculum developed under this subdivision must include training in:
(A) identifying, preventing, and intervening in bullying; and
(B) identifying, preventing, and intervening in criminal gang activity.
(3) Administer the school safety specialist training program and notify the institute of candidates for certification who have successfully completed the training program.
(d) The institute shall do the following:
(1) Establish a school safety specialist certificate.
(2) Review the qualifications of each candidate for certification named by the department of education.
(3) Present a certificate to each school safety specialist that the institute determines to be eligible for certification.
(a) Each school corporation shall establish a safe school committee. The committee may be a subcommittee of the committee that develops the strategic and continuous school improvement and achievement plan under IC 20-31-5. Each committee may include at least one (1) member who is a member of the support staff of the school or school corporation career and technical education school.
(b) The department of education, the school corporation's school safety specialist, and, upon request, a school resource officer (as described in IC 20-26-18.2-1) shall provide materials and guidelines to assist a safe school committee in developing a plan and policy for the school that addresses the following issues:
(1) Unsafe conditions, crime prevention, school violence, bullying, criminal gang activity, and other issues that prevent the maintenance of a safe school.
(2) Professional development needs for faculty and staff to implement methods that decrease problems identified under subdivision (1).
(3) Methods to encourage:
(A) involvement by the community and students;
(B) development of relationships between students and school faculty and staff; and
(C) use of problem solving teams.
“Criminal gang” has the meaning set forth in IC 35-45-9-1.
(a) The department, in collaboration with the Indiana criminal justice institute, the department of child services, the center for evaluation and education policy at Indiana University, the state police department, and any organization that has expertise in providing criminal gang education, prevention, or intervention that the department determines to be appropriate, shall:
(1) identify or develop evidence based model educational materials on criminal gang activity; and
(2) develop and maintain a model policy to address criminal gangs and criminal gang activity in schools.
(b) Not later than July 1, 2015, the department shall make the model policy developed under subsection (a)(2) available to assist schools in the development and implementation of a criminal gang policy.
(c) The model educational materials on criminal gang activity identified or developed under subsection (a)(1) must include information:
(1) to educate students and parents on the extent to which criminal gang activity exists;
(2) regarding the negative societal impact that criminal gangs have on the community;
(3) on methods to discourage participation in criminal gangs; and
(4) on methods of providing intervention to a child suspected of participating in criminal gang activity.
(d) The model criminal gang policy developed under subsection (a)(2) must include:
(1) a statement prohibiting criminal gang activity in schools;
(2) a statement prohibiting reprisal or retaliation against an individual who reports suspected criminal gang activity;
(3) definitions of “criminal gang” as set forth in IC 35-45-9-1 and “criminal gang activity”;
(4) model procedures for:
(A) reporting suspected criminal gang activity; and
(B) the prompt investigation of suspected criminal gang activity;
(5) information about the types of support services, including family support services, available for a student suspected of participating in criminal gang activity; and
(6) recommendations concerning criminal gang prevention and intervention services and programs for students that maximize community participation and the use of federal funding.
This chapter applies to every school corporation and to a school city to which IC 20-25 applies.
(a) Not later than June 1, 2016, the governing body of each school corporation shall establish a written policy to address criminal gangs and criminal gang activity in schools. The governing body of a school corporation shall develop the policy in consultation with:
(1) parents;
(2) school employees;
(3) local law enforcement officials;
(4) the county prosecuting attorney;
(5) the county public defender;
(6) organizations that have expertise in criminal gang education, prevention, or intervention;
(7) a juvenile court judge;
(8) a school behavioral health or community mental health professional; and
(9) any other person or entity the governing body of the school corporation determines to be appropriate.
(b) The policy must meet all the requirements for the department's model criminal gang policy set forth in IC 20-19-3-12(d).
(c) Not later than September 1, 2016, each school corporation shall submit a copy of its criminal gang policy to the department.
A school corporation shall put a copy of the school corporation's criminal gang policy established under section 2 of this chapter:
(1) on its Internet web site;
(2) in school student handbooks; and
(3) in any location the school corporation determines to be appropriate.
A school corporation shall establish the following educational programs in its efforts to address criminal gang activity:
(1) An evidence based educational criminal gang awareness program for students, school employees, and parents.
(2) A school employee development program to provide training to school employees in the implementation of the criminal gang policy established under section 2 of this chapter.
To foster the continuing coordination of gang prevention, intervention, and suppression efforts, the governing body of a school corporation may establish a program to provide criminal gang intervention services to students. If a school corporation chooses to develop a program under this section, the governing body shall establish an advisory committee that includes the following members:
(1) Parents.
(2) School employees.
(3) Local law enforcement officials.
(4) The county prosecuting attorney.
(5) The county public defender.
(6) A juvenile court judge.
(7) A school behavioral health or community mental health professional.
(8) Representatives of organizations that have expertise in criminal gang education, prevention, or intervention.
(9) Any other person or entity the governing body determines is appropriate.
(a) Not later than June 1, 2017, and before June 2 of each year thereafter, each school corporation shall submit to the department a written report, on forms developed by the department, outlining the activities undertaken as part of the school corporation's compliance with this chapter. The report must include school based data to monitor for disproportionality, with each school reporting the number of investigations disposed of internally and the number of cases referred to local law enforcement, disaggregated by race, ethnicity, age, and gender.
(b) Not later than November 1, 2017, and before November 2 of each year thereafter, the department shall submit a comprehensive report concerning criminal gang activity in schools to the governor and the general assembly. A report submitted to the general assembly under this subsection must be in an electronic format under IC 5-14-6. The report must include the following:
(1) A summary of the activities reported to the department under subsection (a).
(2) Any recommendations or conclusions made by the department to assist in the prevention of, education about, and intervention in criminal gang activity in schools.
(a) This section does not apply to a charter school or an accredited nonpublic school.
(b) A school employee shall report any incidence of suspected criminal gang activity, criminal gang intimidation, or criminal gang recruitment to the principal and the school safety specialist.
(c) The principal and the school safety specialist may take appropriate action to maintain a safe and secure school environment, including providing appropriate intervention services.
1. The general assembly finds and declares that the students and the administrative and instructional staffs of Iowa’s public schools have the right to be safe and secure at school. Gang-related apparel worn at school draws attention away from the school’s learning environment and directs it toward thoughts or expressions of violence, bigotry, hate, and abuse.
2. The board of directors of a school district may adopt, for the district or for an individual school within the district, a dress code policy that prohibits students from wearing gang-related or other specific apparel if the board determines that the policy is necessary for the health, safety, or positive educational environment of students and staff in the school environment or for the appropriate discipline and operation of the school. Adoption and enforcement of a dress code policy is not a violation of section 280.22.
Prohibited
(a) A person may not threaten an individual, or a friend or family member of an individual, with or use physical violence to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal gang:
(1) in a school vehicle, as defined under § 11-154 of the Transportation Article; or
(2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board of education and used for elementary or secondary education.
Application of subsection (a)
(b) Subsection (a) of this section applies whether or not:
(1) school was in session at the time of the crime; or
(2) the real property was being used for purposes other than school purposes at the time of the crime.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $ 4,000 or both.
Merger
(d) Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 9-802 of this subtitle.
Definitions
(a) (1) In this section the following words have the meanings indicated.
(2) “Criminal gang” has the meaning stated in 9-801 of the Criminal Law Article.
Notification of arrest
(b) If a student is arrested for a reportable offense or an offense that is related to the student’s membership in a criminal gang, the law enforcement agency making the arrest:
(1) Shall notify the following individuals of the arrest and the charges within 24 hours of the arrest or as soon as practicable:
(i) The local superintendent;
(ii) The school principal; and
(iii) For a school that has a school security officer, the school security officer; and
(2) May notify the State’s Attorney of the arrest and charges.
"School security officer" defined
(a) (1) In this section, "school security officer" includes a school principal, another school administrator, a law enforcement officer, or other individual employed by a local school system or a local government who is designated by the county superintendent or a school principal to help maintain the security and safety of a school.
(2) "School security officer" does not include a teacher.
Model policy developed by State Board
(b) By March 31, 2011, the State Board, after consultation with and input from the Department of Juvenile Services, the Department of State Police, the Department of Human Resources, and local school systems, shall develop a model policy to address gangs, gang activity, and similar destructive or illegal group behavior in schools.
Scope of model policy
(c) The model policy developed under subsection (b) of this section shall include:
(1) A statement prohibiting gang activity in schools;
(2) A statement prohibiting reprisal or retaliation against individuals who report suspected gang activity;
(3) A definition of gang and gang activity;
(4) Standard consequences and remedial actions for individuals engaged in gang activity or similar destructive or illegal group behavior;
(5) Standard consequences and remedial actions for individuals found to have made false accusations;
(6) Model procedures for reporting suspected gang activity or similar destructive or illegal group behavior;
(7) Model procedures for the prompt investigation of suspected gang activity or similar destructive or illegal group behavior;
(8) Information about the types of support services, including family support services, for a student suspected of participating in gang activity; and
(9) Recommendations concerning gang prevention and intervention services and programs for students that maximize community participation and the use of federal funding.
School policies or regulations to address gangs, gang activity, and similar illegal group behavior
(d) (1) Each local school system shall establish a policy or regulations to address gangs, gang activity, and similar destructive or illegal group behavior in schools based on the model policy.
(2) The policy or regulations shall address the components of the model policy specified in subsection (c) of this section.
(3) Each local school system shall develop the policy or regulations in consultation with representatives of the following groups:
(i) Parents or guardians of students;
(ii) School employees and administrators;
(iii) School volunteers;
(iv) Students;
(v) Local law enforcement;
(vi) Gang prevention and intervention programs;
(vii) The Office of the Public Defender;
(viii) The Maryland State's Attorneys Association; and
(ix) Members of the community.
Submission of policy or regulations to State Superintendent
(e) Each local school system shall submit its policy or regulations to the State Superintendent by September 1, 2011.
Publication of policy or regulations of school
(f) Each local school system shall publicize its policy or regulations in student handbooks, on school system websites, and at any other location or venue the local school system determines is necessary or appropriate.
Educational programs
(g) Each local school system shall develop the following educational programs in its efforts to address gangs, gang activity, and similar destructive or illegal group behavior in schools:
(1) An educational gang awareness program for students, staff, volunteers, and parents; and
(2) A teacher and administrator development program that trains teachers and administrators to implement the policy or regulations.
Mandatory reporting of suspected gang activity or similar illegal behavior
(h) (1) A school employee shall report any incidence of suspected gang activity or similar destructive or illegal group behavior promptly to the principal and, for a school that has a school security officer, to the school security officer.
(2) The principal and the school security officer may take appropriate action to maintain a safe and secure school environment, including the provision of appropriate intervention services.
Regular school security meetings
(i) (1) Each county superintendent shall require regular school security meetings for each middle school and high school to ensure coordination of gang prevention, intervention, and suppression efforts.
(2) The following individuals shall participate in the meetings described in paragraph (1) of this subsection:
(i) School principals;
(ii) School security officers;
(iii) Guidance counselors;
(iv) Local law enforcement officers;
(v) Representatives from the county State's Attorney's Office;
(vi) Representatives from the Office of the Public Defender;
(vii) Gang prevention and intervention program representatives; and
(viii) Any other individuals that the county superintendent considers appropriate.
Memorandum of understanding
(j) Each county superintendent shall enter into a memorandum of understanding with the county State's Attorney's Office to foster coordination of gang prevention, intervention, and suppression efforts.
Reporting requirements
(k) On or before January 1, 2011, and each year thereafter, the Department shall submit a report to the General Assembly, in accordance with § 2-1246 of the State Government Article, on the implementation of State and local policies and regulations to address gangs, gang activity, and similar destructive or illegal group behavior described in this section.
(1) At least annually, each school board shall prepare and submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent of public instruction, a report stating the number of pupils expelled from the school district during the immediately preceding school year, with a brief description of the incident that caused each expulsion.
(2) In order to obtain an accurate local and statewide picture of school crime and to develop the partnerships necessary to plan and implement school safety programs, at least annually, each school board shall report to the superintendent of public instruction, in the form and manner prescribed by the superintendent of public instruction, incidents of crime occurring at school within the school district. In determining the form and manner of this report, the superintendent of public instruction shall consult with local and intermediate school districts and law enforcement officials. The reporting shall include at least crimes involving physical violence; gang-related activity; illegal possession of a controlled substance or controlled substance analogue or other intoxicant; trespassing; and property crimes including, but not limited to, theft and vandalism. For a property crime, the report shall include an estimate of the cost to the school district resulting from the property crime. The school crime reporting requirements of this subsection are intended to do all of the following:
(a) Help policymakers and program designers at the local and state levels develop appropriate prevention and intervention programs.
(b) Provide the continuous assessment tools needed for revising and refining school safety programs.
(c) Assist schools and school districts to identify the most pressing safety issues confronting their school communities, to direct resources appropriately, and to enhance campus safety through prevention and intervention strategies.
(d) Foster the creation of partnerships among schools, school districts, state agencies, communities, law enforcement, and the media to prevent further crime and violence and to assure a safe learning environment for every pupil.
(1) There is hereby established the Mississippi Community Oriented Policing Services in Schools (MCOPS) grant program in the State Department of Education to provide funding, pursuant to specific appropriation by the Legislature therefor, to assist law enforcement agencies in providing additional School Resource Officers to engage in community policing in and around primary and secondary schools. The MCOPS program shall authorize the State Department of Education to make grants to increase deployment of law enforcement officers in order (a) to increase or enhance community policing in this state, (b) that trained, sworn enforcement officers assigned to schools play an integral part in the development and/or enhancement of a comprehensive school safety plan, and (c) that the presence of these officers shall provide schools with a direct link to local law enforcement agencies.
(2) The MCOPS program shall meet the following requirements and standards:
(a) This program shall provide an incentive for law enforcement agencies to build collaborative partnerships with the school community and to use community policing efforts to combat school violence and implement educational programs to improve student and school safety.
(b) The additional School Resource Officers must devote at least seventy-five percent (75%) of their time to work in and around primary and secondary schools, in addition to the time that School Resource Officers are devoting in the absence of the MCOPS in Schools grant.
(c) The MCOPS in Schools program shall provide a maximum state contribution of up to Ten Thousand Dollars ($10,000.00) per officer position over the one-year grant period, to be matched from local funds on a 50/50 matching basis. Officers paid with MCOPS funds may be employed by the local law enforcement agency or by the local school district. MCOPS funds may be used to pay for entry-level salaries and benefits of newly trained additional School Resource Officers and may be used to pay the salaries and benefits of School Resource Officers employed prior to July 1, 2013. All jurisdictions that apply must demonstrate that they have primary law enforcement authority over the school(s) identified in their application and demonstrate their inability to implement this project without state assistance. Schools or law enforcement agencies may not reduce its overall federal, state, locally funded level of sworn officers (including other School Resource Officers or other sworn officers assigned to the schools) as a result of applying for or receiving MCOPS in Schools grant funding. MCOPS in Schools funding may be used to rehire sworn officers previously employed who have been laid off for financial reasons unrelated to the availability of the MCOPS in Schools grant, but must obtain prior written approval from the State Department of Education.
(f) [So in original bill. Probably should be “(d)”.] School Resource Officers (SROs) may serve in a variety of roles, including, but not limited to, that of a law enforcement officer/safety specialist, law-related educator, and problem-solver/community liaison. These officers may teach programs such as crime prevention, substance abuse prevention, and gang resistance as well as monitor and assist troubled students through mentoring programs. The School Resource Officer(s) may also identify physical changes in the environment that may reduce crime in and around the schools, as well as assist in developing school policies which address criminal activity and school safety.
The local school board shall adopt and make available to all teachers, school personnel, students and parents or guardians, at the beginning of each school year, a code of student conduct developed in consultation with teachers, school personnel, students and parents or guardians. The code shall be based on the rules governing student conduct and discipline adopted by the school board and shall be made available at the school level in the student handbook or similar publication. The code shall include, but not be limited to:
(g) Policies and procedures specifically concerning gang-related activities in the school, on school property or vehicles, or at school-related activities.
1. Beginning with fiscal year 1994 and for all fiscal years thereafter, in order to be eligible for state aid distributed pursuant to section 163.031, a school district shall allocate one percent of moneys received pursuant to section 163.031, exclusive of categorical add-ons, to the professional development committee of the district as established in subdivision (1) of subsection 4 of section 168.400. Of the moneys allocated to the professional development committee in any fiscal year as specified by this subsection, seventy-five percent of such funds shall be spent in the same fiscal year for purposes determined by the professional development committee after consultation with the administrators of the school district and approved by the local board of education as meeting the objectives of a school improvement plan of the district that has been developed by the local board. Moneys expended for staff training pursuant to any provisions of this act shall not be considered in determining the requirements for school districts imposed by this subsection.
2. Beginning with fiscal year 1994 and for all fiscal years thereafter, eighteen million dollars shall be distributed by the commissioner of education to address statewide areas of critical need for learning and development, provided that such disbursements are approved by the joint committee on education as provided in subsection 5 of this section, and as determined by rule and regulation of the state board of education with the advice of [the advisory council provided by subsection 1 of section 168.015. The moneys described in this subsection may be distributed by the commissioner of education to colleges, universities, private associations, professional education associations, statewide associations organized for the benefit of members of boards of education, public elementary and secondary schools, and other associations and organizations that provide professional development opportunities for teachers, administrators, family literacy personnel and boards of education for the purpose of addressing statewide areas of critical need, provided that subdivisions (1), (2) and (3) of this subsection shall constitute priority uses for such moneys. "Statewide areas of critical need for learning and development" shall include:
. . .
(11) Implementing and promoting programs to combat gang activity in urban areas of the state;
1. The department of elementary and secondary education shall identify and adopt an existing program or programs of educational instruction regarding violence prevention to be administered by public school districts pursuant to subsection 2 of this section, and which shall include, but shall not be limited to, instructing students of the negative consequences, both to the individual and to society at large, of membership in or association with criminal street gangs or participation in criminal street gang activity, as those phrases are defined in section 578.421, and shall include related training for school district employees directly responsible for the education of students concerning violence prevention and early identification of and intervention in violent behavior. The state board of education shall adopt such program or programs by rule as approved for use in Missouri public schools. The program or programs of instruction shall encourage nonviolent conflict resolution of problems facing youth; present alternative constructive activities for the students; encourage community participation in program instruction, including but not limited to parents and law enforcement officials; and shall be administered as appropriate for different grade levels and shall not be offered for academic credit.
2. All public school districts within this state with the approval of the district's board of education may administer the program or programs of student instruction adopted pursuant to subsection 1 of this section to students within the district starting at the kindergarten level and every year thereafter through the twelfth-grade level.
3. Any district adopting and providing a program of instruction pursuant to this section shall be entitled to receive state aid pursuant to section 163.031. If such aid is determined by the department to be insufficient to implement any program or programs adopted by a district pursuant to this section:
(1) The department may fund the program or programs adopted pursuant to this section or pursuant to subsection 2 of section 160.530, or both, after securing any funding available from alternative sources; and
(2) School districts may fund the program or programs from funds received pursuant to subsection 1 of section 160.530.
4. No rule or portion of a rule promulgated pursuant to this section shall become effective unless it has been promulgated pursuant to chapter 536.
1. The board of trustees of each school district shall establish a policy that prohibits the activities of criminal gangs on school property.
2. The policy established pursuant to subsection 1 may include, without limitation:
(a) the provision of training for the prevention of the activities of criminal gangs on school property.
(b) If the policy includes training:
(1) a designation of the grade levels of the pupils who must receive the training.
(2) a designation of the personnel who must receive the training, including, without limitation, personnel who are employed in schools at the grade levels designated pursuant to subparagraph (1).
The board of trustees of each school district shall ensure that the training is provided to the pupils and personnel designated in the policy.
(c) Provisions which prohibit:
(1) A pupil from wearing any clothing or carrying any symbol on school property that denotes membership in or an affiliation with a criminal gang; and
(2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang.
(d) Provisions which provide for the suspension or expulsion of pupils who violate the policy.
3. The board of trustees of each school district may develop the policy required pursuant to subsection 1 in consultation with:
(a) local law enforcement agencies;
(b) school police officers, if any;
(c) persons who have experience regarding the actions and activities of criminal gangs;
(d) organizations which are dedicated to alleviating criminal gangs or assisting members of criminal gangs who wish to disassociate from the gang; and
(e) any other person deemed necessary by the board of trustees.
4. As used in this section, "criminal gang" has the meaning ascribed to it in NRS 213.1263.
Each board of education that operates an educational program for elementary school students shall offer instruction in gang violence prevention and in ways to avoid membership in gangs. The instruction shall take place as part of the district's implementation of the Core Curriculum Content Standards in Comprehensive Health and Physical Education, and the comprehensive health and physical education curriculum framework shall provide school districts with sample materials that may be used to support implementation of the instructional requirement.
a. The Attorney General shall develop and maintain, in coordination with the Commissioner of Education, a gang education seminar program to educate public and nonpublic school administrators on how to recognize signs of gang involvement or activity. A seminar shall be offered annually in each county and shall be held in the office of the county superintendent of schools or such other facility as the Attorney General or Commissioner of Education shall designate.
b. A superintendent, assistant superintendent, principal, or other administrator employed by a public school district shall attend a gang education seminar offered pursuant to this section within the first year of initial employment as an administrator with a public school district. An administrator employed by a school district prior to the effective date [Oct.12, 2007] of this act shall attend the first seminar offered in the county subsequent to its enactment. A superintendent, assistant superintendent, principal, or other administrator shall be exempt from the requirements of this section if that person has successfully completed a gang education seminar conducted by a public school district which is substantially equivalent to the seminar required pursuant to this section.
c. A gang education seminar offered pursuant to this section shall be open to all public and nonpublic school administrators.
A law enforcement agency may disseminate an assessment of criminal intelligence information to the principal of a school when necessary to avoid imminent danger to the life of a student or employee of the school or to the public school property pursuant to 28 C.F.R. § 23.20. The notification may be made in person or by telephone. As used in this subsection, the term "school" means any public or private school in the State under Chapter 115C of the General Statutes.
A. Any school employee, as defined by subsection A of Section 650.7 of Title 21 of the Oklahoma Statutes, who has reason to believe that a child under the age of eighteen (18) years is involved in gang activity shall notify the person designated by the school district. Upon receiving such report, the person designated by the school district may report the matter to the nearest local law enforcement agency. The report may be made by telephone, in writing, personally or by any other method prescribed by the school district.
B. A school district employee or contractor who, in good faith and exercising due care in the making of a report pursuant to subsection A of this section, shall be granted immunity from all civil or criminal liability which might be incurred or imposed by making such report.
(1) After consultation with appropriate agencies and officials, including the Department of Education, each school district is encouraged to develop and adopt a comprehensive policy to reduce gang involvement, violent activities, and drug abuse by public school students in the school district, including but not limited to:
(a) A statement that evaluates:
(A) The nature and extent of gang involvement, violent activities, and drug abuse by public school students of the school district and (B) The impact of gang involvement, violent activities, and drug abuse on the ability of public schools in the school district to meet curriculum requirements and improve the attendance of public school students.
(b) A statement that emphasizes the need to reduce gang involvement, violent activities, and drug abuse by public school students.
(c) Strategies to reduce gang involvement, violent activities, and drug abuse by students of the school district considering the needs of the public school students.
(d) Methods to communicate conflict resolution skills to the teachers and public school students of the school district.
(e) Strategies to inform the teachers of the school district, the parents of public school students, and the public about the policy the school district developed pursuant to this section.
(2) As used in this section, "gang" means a group that identifies itself through the use of a name; unique appearance or language, including hand signs; the claiming of geographical territory; or the espousing of a distinctive belief system that frequently results in criminal activity.
The legislature hereby finds and declares the following:
(1) There is greater threat to public safety resulting from gang- and drug-related activity in and near Rhode Island's inner cities.
(2) Young people, especially at-risk youth, are more vulnerable to gang and drug-related activity during the potentially unsupervised hours between the end of school and the time their parents or guardians return home from work.
(3) Without local prevention and treatment efforts, hard drugs will continue to threaten and destroy families and communities in and near the inner cities. Drug-related violence may then escalate dramatically in every community and thereby burden the criminal justice system to the point that it cannot function effectively.
(4) It is the intent of the Legislature that a pilot program, the "After School Alternative Program" (ASAP), be established and implemented within a specified Rhode Island community. This community program would utilize the public schools, businesses, and community facilities to provide supportive programs and activities to young people during the time between the end of school and the return home of their parents or guardians (from approximately 2:00 p.m. to 7:00 p.m.).
(a) There is hereby created within the Rhode Island justice commission, a pilot program known as the "After School Alternative Program" (ASAP). The establishment of the pilot program pursuant to this section shall be contingent upon the availability and receipt of federal and/or private funding for this purpose. The goal of the pilot program shall be to reduce gang activity and drug-related crime in and near the targeted schools, businesses, and community sites. This shall be accomplished by coordinating the efforts of community-based organizations, public schools, law enforcement officials, parents, and business leaders in participating communities to prevent the illicit activities of current and potential gang members and drug users by making alternative activities available. These activities may be provided at school or community sites and may include:
(1) Recreational, arts, crafts, computer, or academic tutorial programs.
(2) Job counseling and training, with the participation of community business representatives.
(3) Presentations by law enforcement officials and informal get-togethers.
(4) Group and individual (as needed) drug and/or gang counseling.
(5) Community awareness presentations.
(b) A Rhode Island community may elect to participate in the pilot project established pursuant to Subdivision (a) by establishing an ASAP program. The community may be any designated area that contains up to two (2) public high schools and feeder schools, as well as active business enterprises and a viable local community-based organization.
(c) The community shall submit its program to the gang violence prevention advisory committee for review. The committee upon receipt of all programs from applying communities shall select one project to receive funding. The project selected shall receive funding for one calendar year from the date of selection. All rules and regulations for application, review, and award shall be promulgated by the committee.
(d) This section shall remain operative only until June 30, 2000, and is repealed on that date unless a later enacted statute extends that date.
(A) For purposes of this chapter, an Alternative Education Campus (AEC) is any charter school with an explicit mission as outlined in its charter to serve an enrolled student population with:
(3) eighty-five percent or more of enrolled students meeting the definition of a 'high-risk' student including students who:
(e) have documented histories of personal street gang involvement or who have immediate family members with documented histories of street gang involvement;
(a) The commissioner of education, in consultation with the commissioner of safety, shall develop advisory guidelines for LEAs to use in developing safe and secure learning environments in schools by January 1, 1997. Such guidelines shall emphasize consultation at the local level with appropriate law enforcement authorities.
(b) The department of education may prepare and distribute to LEAs guidelines for incorporating into local staff development and in-service training the materials and speakers necessary to help educators reduce gang and individual violence, to assist in drug and alcohol abuse prevention, and to provide educators with the tools for nonintrusive identification of potentially violent individuals in and around schools. The department may, upon request, assist LEAs in developing comprehensive violence, drug and alcohol abuse prevention in-service training programs. Department guidelines shall encourage the sharing of resources, the development of joint or collaborative programs, and the coordination of efforts with local health departments, county and city law enforcement agencies, and other public agencies providing health, drug, alcohol, gang violence prevention, and other related services.
Each LEA, in consultation with local law enforcement, shall annually evaluate the threat to and influence on school children by gangs in the community. If the LEA finds that there is a substantial threat to or influence on school children by gangs, then the LEA shall institute gang awareness education for elementary and middle school students and their parents in schools in neighborhoods with gang activity or the potential for gang activity. The purpose of such curriculum shall be to strengthen students' abilities to resist engagement in gangs and gang-like activities and to help parents guide their children away from gangs and gang influence by providing information and understanding of gangs and gang activities. The curriculum for elementary and middle school students shall be a part of the regular curriculum of such schools. The Department of Education shall assist LEAs in development of curricula appropriate to each LEA's circumstances.
(a) The LEAs of this state are hereby authorized to promulgate and adopt rules and regulations to prohibit the activities of criminal gangs on school property. Such rules and regulations may prohibit students in grades six through twelve (6–12) from:
(1) Wearing, while on school property, any type of clothing, apparel or accessory, including that which denotes such students' membership in or affiliation with any criminal gang;
(2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang; and
(3) Any conduct that is seriously disruptive to the educational process or endangers persons or property.
(b) The local law enforcement agency shall advise the local board, upon request, of criminal gangs and associated criminal gang activity.
(c) As used in this section, "criminal gang" means a formal or informal ongoing organization, association, or group consisting of three (3) or more persons that has:
(1) As one (1) of its activities the commission of criminal acts; and
(2) Two (2) or more members who, individually or collectively, engage in or have engaged in a pattern of criminal gang activity.
The superintendent of each public school district and the administrator of each private elementary or secondary school located in the public school district shall ensure that the student handbook for each campus in the public school district includes information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.
The governing board of each institution of higher education shall ensure that any student handbook or similar publication for the institution includes information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.
(a) A person commits an offense if the person:
(1) is a member of, pledges to become a member of, joins, or solicits another person to join or pledge to become a member of a public school fraternity, sorority, secret society, or gang; or
(2) is not enrolled in a public school and solicits another person to attend a meeting of a public school fraternity, sorority, secret society, or gang or a meeting at which membership in one of those groups is encouraged.
(b) A school district board of trustees or an educator shall recommend placing in an alternative education program any student under the person’s control who violates Subsection (a).
(c) An offense under this section is a Class C misdemeanor.
(d) In this section, "public school fraternity, sorority, secret society, or gang" means an organization composed wholly or in part of students of public primary or secondary schools that seeks to perpetuate itself by taking in additional members from the students enrolled in school on the basis of the decision of its membership rather than on the free choice of a student in the school who is qualified by the rules of the school to fill the special aims of the organization. The term does not include an agency for public welfare, including Boy Scouts, Hi-Y, Girl Reserves, DeMolay, Rainbow Girls, Pan-American Clubs, scholarship societies, or other similar educational organizations sponsored by state or national education authorities.
Each day-care center shall, in accordance with rules adopted by the executive commissioner, distribute to parents and guardians of children who attend the center information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.
(a) In this section:
(1) "Institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.
(2) "Shopping mall" means an enclosed public walkway or hall area that connects retail, service, or professional establishments.
(b) This section applies to an offense listed in Section 71.02(a)(1), (4), or (7), other than burglary, theft, burglary of a motor vehicle, or unauthorized use of a motor vehicle.
(c) Except as provided by Subsection (d), the punishment prescribed for an offense described by Subsection (b) is increased to the punishment prescribed for the next highest category of offense if the actor is 17 years of age or older and it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense at a location that was:
(1) in, on, or within 1,000 feet of any:
(A) real property that is owned, rented, or leased by a school or school board;
(B) premises owned, rented, or leased by an institution of higher education;
(C) premises of a public or private youth center; or
(D) playground;
(2) in, on, or within 300 feet of any:
(A) shopping mall;
(B) movie theater;
(C) premises of a public swimming pool; or
(D) premises of a video arcade facility; or
(3) on a school bus.
(d) The punishment for an offense described by Subsection (b) may not be increased under this section if the offense is punishable under Section 71.02 as a felony of the first degree.
The conduct and discipline policies required under Section 53A-11-901 shall include:
(7) specific provisions, consistent with Section 53A-15-603, for preventing and responding to gang-related activities in the school, on school grounds, on school vehicles, or in connection with school-related activities or events;
(1) (a) The State Board of Education shall adopt rules that require a local school board or governing board of a charter school to enact gang prevention and intervention policies for all schools within the board's jurisdiction.
(b) The rules described in Subsection (1)(a) shall provide that the gang prevention and intervention policies of a local school board or charter school governing board may include provisions that reflect the individual school district's or charter school's unique needs or circumstances.
(2) The rules described in Subsection (1) may include the following provisions:
(a) school faculty and personnel shall report suspected gang activities relating to the school and its students to a school administrator and law enforcement;
(b) a student who participates in gang activities may be excluded from participation in extracurricular activities, including interscholastic athletics, as determined by the school administration after consultation with law enforcement;
(c) gang-related graffiti or damage to school property shall result in parent or guardian notification and appropriate administrative and law enforcement actions, which may include obtaining restitution from those responsible for the damage;
(d) if a serious gang-related incident, as determined by the school administrator in consultation with local law enforcement, occurs on school property, at school related activities, or on a site that is normally considered to be under school control, notification shall be provided to parents and guardians of students in the school:
(i) informing them, in general terms, about the incident, but removing all personally identifiable information about students from the notice;
(ii) emphasizing the school's concern for safety; and
(iii) outlining the action taken at the school regarding the incident;
(e) school faculty and personnel shall be trained by experienced evidence based trainers that may include community gang specialists and law enforcement as part of comprehensive strategies to recognize early warning signs for youth in trouble and help students resist serious involvement in undesirable activity, including joining gangs or mimicking gang behavior;
(f) prohibitions on the following behavior:
(i) advocating or promoting a gang or any gang-related activities;
(ii) marking school property, books, or school work with gang names, slogans, or signs;
(iii) conducting gang initiations;
(iv) threatening another person with bodily injury or inflicting bodily injury on another in connection with a gang or gang-related activity;
(v) aiding or abetting an activity described under Subsections (2)(f)(i) through (iv) by a person's presence or support;
(vi) displaying or wearing common gang apparel, common dress, or identifying signs or symbols on one's clothing, person, or personal property that is disruptive to the school environment; and
(vii) communicating in any method, including verbal, non-verbal, and electronic means, designed to convey gang membership or affiliation.
(3) The rules described in Subsection (1) may require a local school board or governing board of a charter school to publicize the policies enacted by the local school board or governing board of a charter school in accordance with the rules described in Subsection (1) to all students, parents, guardians, and faculty through school websites, handbooks, letters to parents and guardians, or other reasonable means of communication.
(4) The State Board of Education may consult with appropriate committees, including committees that provide opportunities for the input of parents, law enforcement, and community agencies, as it develops, enacts, and administers the rules described in Subsection (1).
(1 )(a) Subject to the requirements of Subsection (1)(b), the State Board of Education shall distribute money appropriated for the Enhancement for At-Risk Students Program to school districts and charter schools according to a formula adopted by the State Board of Education, after consultation with school districts and charter schools.
(b) (i) The State Board of Education shall appropriate $1,200,000 from the appropriation for Enhancement for At-Risk Students for a gang prevention and intervention program designed to help students at-risk for gang involvement stay in school.
(ii) Money for the gang prevention and intervention program shall be distributed to school districts and charter schools through a request for proposals process.
G. Notwithstanding the provisions of Article 12 (Section 16.1-299 et seq.), the intake officer shall file a report with the division superintendent of the school division in which any student who is the subject of a petition alleging that such student who is a juvenile has committed an act, wherever committed, which would be a crime if committed by an adult, or that such student who is an adult has committed a crime and is alleged to be within the jurisdiction of the court. The report shall notify the division superintendent of the filing of the petition and the nature of the offense, if the violation involves:
. . .
10. Prohibited criminal street gang activity pursuant to Section 18.2-46.2;
11. Recruitment of other juveniles for a criminal street gang activity pursuant to Section 18.2-46.3; or
Any person who violates § 18.2-46.2 (i) upon the property, including buildings and grounds, of any public or private elementary, secondary, or postsecondary school, or any public or private two-year or four-year institution of higher education; (ii) upon public property or any property open to public use within 1,000 feet of such school property; (iii) on any school bus as defined in § 46.2-100; or (iv) upon the property, including buildings and grounds, of any publicly owned or operated community center or any publicly owned or operated recreation center is guilty of a felony punishable as specified in § 18.2-46.2, and shall be sentenced to a mandatory minimum term of imprisonment of two years to be served consecutively with any other sentence. A person who violates subsection A of § 18.2-46.3 upon any property listed in this section is guilty of a Class 6 felony, except that any person 18 years of age or older who violates subsection A of § 18.2-46.3 upon any property listed in this section, when such offense is committed against a juvenile, is guilty of a Class 5 felony. Any person who violates subsection B of § 18.2-46.3 upon any property listed in this section is guilty of a Class 5 felony. It is a violation of this section if the person violated § 18.2-46.2 or 18.2-46.3 on the property described in clauses (i) through (iii) regardless of where the person intended to commit such violation.
B. Every state official or agency and every sheriff, police officer, or other local law-enforcement officer or conservator of the peace having the power to arrest for a felony, shall file a report, as soon as practicable, with the division superintendent of the school division in which the student is enrolled upon arresting a person who is known or discovered by the arresting official to be a student age 18 or older in any public school division in this Commonwealth for:
. . .
10. Prohibited criminal street gang activity pursuant to Section 18.2-46.2; or
11. Recruitment of juveniles for criminal street gang pursuant to Section 18.2-46.3.
A local school board may establish after school programs designed to prevent at-risk youth from engaging in illegal or gang-related activities for school aged children.
Local funds appropriated for K through 12 education may be used to support such after-school programs.
A. The Board of Education shall establish guidelines and develop model policies for codes of student conduct to aid local school boards in the implementation of such policies. The guidelines and model policies shall include, but not be limited to, (i) criteria for the removal of a student from a class, the use of suspension, expulsion, and exclusion as disciplinary measures, the grounds for suspension and expulsion and exclusion, and the procedures to be followed in such cases, including proceedings for such suspension, expulsion, and exclusion decisions and all applicable appeals processes; (ii) standards, consistent with state, federal and case laws, for school board policies on alcohol and drugs, gang-related activity, hazing, vandalism, trespassing, threats, search and seizure, disciplining of students with disabilities, intentional injury of others, self-defense, bullying, the use of electronic means for purposes of bullying, harassment, and intimidation, and dissemination of such policies to students, their parents, and school personnel; and (iii) standards for in-service training of school personnel in and examples of the appropriate management of student conduct and student offenses in violation of school board policies.
(1) Except for students who reside out-of-state and students under RCW 28A.225.217, a district shall accept applications from nonresident students who are the children of full-time certificated and classified school employees, and those children shall be permitted to enroll:
(2) A district may reject applications under this section if:
(a) The student's disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership;
(4) Except as provided in subsection (1) of this section, all districts accepting applications from nonresident students or from students receiving home-based instruction for admission to the district's schools shall consider equally all applications received. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The policy may include rejection of a nonresident student if:
(b) The student's disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership;
For purposes of subsections (2)(a) and (4)(b) of this section, “gang” means a group which:
(i) Consists of three or more persons; (ii) has identifiable leadership; and (iii) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.
(5) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3).
(1) A task force on gangs in schools is created to examine current adult and youth gang activities that are affecting school safety. The task force shall work under the guidance of the superintendent of public instruction school safety center, the school safety center advisory committee, and the Washington Association of Sheriffs and Police Chiefs.
(2) The task force shall be comprised of representatives, selected by the superintendent of public instruction, who possess expertise relevant to gang activity in schools. The task force shall outline methods for preventing new gangs, eliminating existing gangs, gathering intelligence, and sharing information about gang activities.
(3) Beginning December 1, 2007, the task force shall annually report its findings and recommendations to the education committees of the legislature.
(1) A student who is enrolled in a public school or an alternative school may be suspended or expelled if the student is a member of a gang and knowingly engages in gang activity on school grounds.
(2) "Gang" means a group which (a) consists of three or more persons; (b) has identifiable leadership; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.