NCJ Number
146442
Journal
Marquette Law Review Volume: 75 Issue: 1 Dated: (Fall 1991) Pages: 179-205
Date Published
1991
Length
27 pages
Annotation
This article addresses several of the constitutional issues raised by recent proposals and historical efforts to counter gang-related behavior in the public schools.
Abstract
The author begins with a discussion of gang problems within the public schools. The statistical increase in school crime and the historical observations of several leading commentators in the educational field show that problems of drugs and violence in the schools will continue to increase until effective coping methods are developed. A discussion of several proposals to deal with gang-related problems examines regulations intended to create a "neutral" environment through restrictions on student clothing and hairstyles. The success of any challenge to student dress codes varies among jurisdictions. Another type of case, which achieved notoriety during the 1920's and 1930's, is related to the gang problem. These decisions addressed school policies that punished students who belonged to certain social clubs and "secret societies." Cases that deal with the discipline of student conduct away from the school are also significant. The courts have given these cases disparate dispositions, but some of the decisions expose underlying constitutional issues. Disciplinary programs could be effective in curbing gang membership, drug use, and other objectionable conduct by students. The author discusses several examples of school regulations that show the conflicting interests involved when various regulations govern student conduct in the schools. The article's concluding section presents the author's view of gang- related problems in the Nation's public schools, how these may best be addressed, and what the probable constitutional ramifications may be. 103 footnotes