District of Columbia School Discipline Laws & Regulations: Gang-related Activity

Discipline Compendium

District of Columbia School Discipline Laws & Regulations: Gang-related Activity

Category: Discipline Addressing Specific Code of Conduct Violations
Subcategory: Gang-related Activity
State: District of Columbia

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LAWS

§ 2-1531.01. Establishment of a gang and crew intervention joint working group.

(b) The Joint Working Group shall develop a coordinated response to high-profile youth violence through the following measures:

(3) Coordinate existing resources to respond to critical incidents by:

(C) Engaging staff and School Resource Officers of middle and high schools in targeted neighborhoods in the CI process, as appropriate. [...]

(4) Identify targeted youth by:

(A) Identifying existing and emerging conflicts between gangs and crews based on MPD's Gang Intelligence Fusion Unit, MPD Division officers, and street intelligence from community partners and schools;

(B) In partnership with schools and community partners, identifying the youth most immediately at risk of involvement in violent behavior in targeted neighborhoods. [...]

(5) Intervene with targeted youth by:

(A) Developing protocols for CIs that outline the necessary steps when responding to violent incidents involving youth, including the development of containment and de-escalation strategies that are incident-specific and designed to prevent acts of retaliation; provided, that:

§ 5-132.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Chancellor" means the Chancellor of the District of Columbia Public Schools.

(1A) "DCPS" means the District of Columbia Public Schools.

(1B) "MOA" means the Memorandum of Agreement into which DCPS and MPD enter pursuant to § 5-132.04.

(2) "MPD" means the Metropolitan Police Department.

(2A) "Public charter schools" shall have the same meaning as provided in § 38-1800.02(29).

(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:

(A) Prevent crime through community-oriented policing strategies;

(B) Address crime and disorder, gang, and drug activity problems affecting or occurring in or around the schools to which the school resource officer is assigned; and

(C) Ensure that DCPS schools and grounds and public charter schools and their grounds are safe environments for students, teachers, and staff.

(5) "School security personnel" means individuals, including unarmed security guards, that DCPS hires or contracts to support safety in DCPS schools.

(5A) "Security-related contract" means any contract to provide physical or personal security services, including school security personnel, at DCPS schools.

§ 5-132.02. Establishment of the Metropolitan Police Department School Safety Division; functions of the School Safety Division.

(a) There is established within the Metropolitan Police Department a School Safety Division that shall provide school resource officers to the DCPS schools and public charter 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.

(c) The School Safety Division shall:

(1) Hire and train school resource officers;

(2) Deploy school resource officers to:

(A) DCPS schools, consistent with the terms of the MOA; and

(B) Public charter schools;

(3) Coordinate with DCPS and public charter schools regarding the use and sharing of resources and communications between MPD and school-specific safety teams; and

(4) Provide recommendations to the Mayor, Council, and the DCPS Chancellor regarding the impact of school closings, consolidations, grade reconfigurations, use of swing space during school reconstruction, and gang and crew violence on the safety and well-being of children.

(c)(1) School resource officers shall not report any information regarding a student's suspected crew or gang affiliation, or that of their family members, to a law enforcement agency for the purpose of including such information in any District government crew or gang database, nor shall any such information shared by or derived from a school resource officer be otherwise included in any District government crew or gang database.

(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.

(3) The plan shall incorporate the recommendations of the District Department of Transportation on the deployment of school crossing guards required under § 38-3101(f-1).

(e) The School Safety Division's sworn and civilian staffing shall be as follows:

(1) By July 1, 2022, a maximum of 60 personnel;
(2) By July 1, 2023, a maximum of 40 personnel;
(3) By July 1, 2024, a maximum of 20 personnel; and
(4) By July 1, 2025, the School Safety Division shall be dissolved, and MPD no longer shall staff DCPS and public charter schools with school resource officers.

§ 5-132.03. Training for school resource officers.

The School Safety Division shall develop a training curriculum for all school resource officers. 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.

§ 5-132.03b. Training for school security personnel.

(a) For the school year beginning in 2020, DCPS may use the training curriculum adopted by MPD pursuant to § 5-132.03 to train its school security personnel.

(b) By the start of the school year beginning in 2021, DCPS shall adopt a school security personnel training curriculum based on the positive youth development philosophy. The curriculum shall focus on training supervisory and on-site personnel to provide security services responsive and appropriate to the student, staff, and family populations at each school building. At a minimum, the curriculum shall include training in the following areas, developed with advice from appropriate other District agencies:

(11) Violence prevention, including gang and crew dynamics.

REGULATIONS

5-B2408. Dress codes/uniforms.

2408.2 The local school dress code or uniform policy shall be as follows:

(d) Include the following principles:

(8) No student shall wear, possess, use, distribute, display or sell any clothing, jewelry, emblem, blade, symbols, sign or other things which are evidence of affiliation with drugs, alcohol, violence or gang related activities, other criminally motivated organizations, or which exhibit profane or obscene language/gestures. [...]

2408.12 A mandatory uniform policy shall not prevent a student from wearing a button, armband, or other item guaranteed by the First Amendment to the U.S. Constitution unless the button or other item is related to gang, gang membership, gang activity, or other prohibited activity as described in any dress code established by the principal pursuant to subsection 2408.2.

5-B2502. Grounds for disciplinary action.

2502.3 Tier III behaviors are those behaviors not specifically enumerated in any other tier in this chapter that cause significant disruption to the academic environment or cause harm to self or others. In addition to lesser consequences, Tier III behaviors may result in either on-site or off-site Suspension.

(a) The following behaviors shall be considered Tier III behaviors:

(19) Engaging in behavior that demonstrates Gang/neighborhood crew affiliation (displaying clothing or gestures associated with Gangs).

5-B2599. Definitions.

2599.1 Unless the same term or phrase is defined in § 2599.2, the definitions set forth in § 2099 are incorporated in this chapter by reference and shall apply to the terms and phrases used in this chapter.

2599.2 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

"Gang"–a group of individuals that are involved in illegal, intimidating or harassing conduct.

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