Policy 3515.2 - Disruptions
Series: 3000 - Business and Non-Instructional Operations
Policy: 3515.2 - Disruptions
Adopted: 09/02/2007
Last Revised: 05/01/2007
Disruptions
In order to help maintain an educational environment that provides for student safety, the Board of Education is committed to keeping the schools free from disruptions and to keeping unauthorized persons from entering school grounds. The superintendent or designee shall provide for the prompt removal from school premises of any individual who disrupts or threatens to disrupt normal school operations, threatens the health and safety of students or threatens to cause property damage in accordance with law, Board policy, or administrative regulations.
The Superintendent or designee shall establish a plan describing actions to be taken, including specific staff responsibilities, when an individual is causing a disruption. In developing such a plan, the Superintendent, or designee shall consult with law enforcement to create guidelines for law enforcement support and intervention in the event of a disruption. School staff shall be trained to recognize when an individual has committed acts that constitute a disruption in violation of Board policy, or administrative regulation. Staff who believes that a disruption may occur shall immediately contact the principal.
Gun Free
School Zone Possession of unauthorized firearms, weapons, or other dangerous instruments is prohibited within 1,000 feet of school grounds without the written permission of school authorities.
Legal References
EDUCATION CODE
32210 Willful disturbance of public school or meeting: misdemeanor
32211 Threatened disruption or interference with classes; misdemeanor
35160 Authority of governing boards
44810 Willful interference with classroom conduct
44811 Disruption of classwork or extracurricular activities
51512 Prohibited use of electronic listening or recording device
PENAL CODE
243.5 Assault or battery on school property
415.5 Disturbance of peace of school
626-626.11 Schools, crimes, especially:
626.7 Failure to leave campus or facility; wrongful return; penalties; notice; exceptions
626.8 Disruptive presence at schools
626.81 Misdemeanor for registered sex offender to come onto school grounds
626.9 Gun Free School Zone Act
627-627.10 Access to school premises
653b Loitering about schools or public places
COURT DECISIONS
Reeves v. Rocklin Unified School District (2003) 109 Cal.App.4th 652
In Re Joseph F. (2000)85 Cal.App4th 975
In Re Jimmy A., (1989) 209 Cal. 3d 42
In Re Oscar R., (1984) 161 Cal. App. 3d 770
ATTORNEY GENERAL OPINIONS
79 Ops. Cal. Atty.Gen. 58 (1996)
Rule 3515.2
Disruptions
The principal or designee may direct a person to leave school grounds when there is a reasonable basis for concluding that the person is committing, or has entered campus with the purpose of committing, an act that is likely to interfere with peaceful conduct, discipline, good order, or administration of school activities or with the intent to inflict damage on any person or property. He/she may also ask a person to leave who uses loud and/or offensive language which could provoke a violent reaction or a person who has otherwise established a continued pattern of unauthorized entry on school grounds. This shall not apply if that person is a student, school employee, or other person required by his employment to be on school grounds.
The principal or designee may also direct a specified drug offender to leave school grounds, unless that person is a student at the school, a parent/guardian of a child attending the school, or he/she has prior written permission for entry from the principal or designee.
When directing any person to leave school premises, the principal or designee shall inform the person that he/she will be guilty of a crime if he/she:
- Remains after being directed to leave
- Returns to the campus without following the school’s posted registration requirements
- Returns within seven days after being directed to leave
The principal or designee may direct a person who is required to register as a sex offender to immediately leave school grounds, unless he/she is on school grounds for lawful business or with the principal’s permission. If such a person does not leave school grounds, the principal or designee shall inform the person that he/she may be guilty of a crime.
The principal or designee shall notify law enforcement as appropriate.
Appeal Procedure
Any person who is asked to leave a public school building or grounds may appeal to the Superintendent or designee. This appeal shall be made no later than the second school day after the person has departed from the school building or grounds. After reviewing the matter with the principal or designee and the person making the appeal, the Superintendent or designee shall render his/her decision within 24 hours after the appeal is made, and this decision shall be binding.
The decision of the Superintendent or designee may be appealed to the Board of Education. Such an appeal shall be made no later than the second school day after the Superintendent or designee has rendered his/her decision. The Board shall consider and decide the appeal at its next scheduled regular or adjourned regular public meeting. The Board's decision shall be final.