|Policies and Procedures Handbook|
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Last Updated: 09/14/2011
Garrett County Board of Education
40 South Second Street
Oakland, MD 21550
PROHIBITION OF GANG
ACTIVITY AND SIMILAR
DESTRUCTIVE OR ILLEGAL
The Garrett County Board of Education is both mandated and committed to the goal of providing a safe, orderly, and drug-free environment in all schools and for all students. Gang activity and similar destructive or illegal group behavior on school property or school buses or at school-sponsored functions jeopardizes the efforts of the Garrett County Board of Education and its schools in meeting this goal. When these behaviors occur, students are placed at risk of experiencing concerns in the areas of education, health, and safety. In addition, these behaviors impact all students by disrupting the learning environment of the school.
Therefore, it is the policy of the Garrett County Board of Education to prohibit gang activity and similar destructive or illegal group behavior on school property or school buses or at school-sponsored functions. Further, this policy prohibits reprisal or retaliation against individuals who report gang activity and similar destructive or illegal group behavior or who are victims, witnesses, bystanders, or others with reliable information about an action of gang activity and similar destructive or illegal group behavior.
The Garrett County Board of Education and its schools will support programs and efforts to address gang activity and similar destructive or illegal group behavior on school property or school buses, or at school-sponsored functions. Each school shall provide annual training that addresses prevention and intervention resources with school staff and teachers (first level responders) and shall provide training in the implementation of the policy and procedures for teachers and administrators. The program will include procedures for reporting, investigation, intervention/remediation, responses and consequences, and support services to students and their families “at risk” for and/or suspected of participating in gang activities as appropriate based on factors that include developmental differences of age, maturity, and disabilities, and the context, situation, and severity of behavior.
Reports of gang activity and similar destructive or illegal group behavior on school property or school buses or at school-sponsored functions may be made through the use of the Maryland State Department of Education Gang-Related Incident Reporting Form in accordance with the Safe School Reporting Act of 2010. The report is made to the School Principal for investigation and subsequent action, who will complete the Gang-Related Incident Reporting Form if one has not already been completed by the individual making the report, and the Gang-Related Incident Investigation Form.
As used in this policy, the following definitions of “gang” and “gang activity” will apply:
Gang - “Criminal gang” means a group or association of three or more persons whose members:
(1) individually or collectively engage in a pattern of criminal activity;
(2) have as one of their primary objectives the commission of one or more underlying crimes, including acts by juveniles that would be underlying crimes if committed by adults; and
(3) have in common an overt or covert organizational or command structure.
(Criminal Law 9-801. Definitions, Annotated Code)
Gang Activity - “Pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of two or more underlying crimes or acts by a juvenile that would be an underlying crime if committed by an adult. (Criminal Law 9-801. Definitions, Annotated Code)
(a) Activities on or near school vehicles or property. - A person may not threaten an individual, or a friend or family member of an individual with use of physical force or 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, or within 1,000 feet of real property owned or leased to an elementary school, secondary school, or county board of education and used for elementary or secondary education.
(b) Applicability - 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. (Criminal Law 9-803. Criminal gang activity - Schools, Annotated Code)
Annotated Code of the Public General Laws of Maryland: Criminal Law - Section 9-801 and 9-803 and Education Law 7-303.
Code of Maryland Regulations (COMAR) 13A.08.01.17
Maryland State Department of Education (2011), Maryland’s Model Policy To Address Gangs, Gang Activity, and Similar Destructive or Illegal Group Behavior
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Pupil Services 452.0 PEL