News-Record.com

Tuesday's lead editorial.

A school gang policy starts with definitions: What’s a gang, and who’s a gang member?
A state Court of Appeals decision issued last week hints that Durham schools might have gone wrong in trying to answer the second question. Indirectly, it warns Guilford County’s school board to be careful if it proceeds with its own policy.

The Durham County Board of Education and school system officials were sued by students who claimed they were wrongly identified as gang members and disciplined under a policy that, among other faults, was unconstitutionally vague.

Their suit was dismissed on technicalities by Durham Superior Court Judge Orlando Hudson, and the Court of Appeals agreed he was mostly right. But it sent parts of the case back to the lower court, including a portion having to do with defining gang members.

The Durham policy listed certain indicators, including wearing clothing, jewelry and emblems “which may be evidence of membership or affiliation in any gang,” as well as communicating verbally or with gestures in a manner that would “convey membership or affiliation in a gang.”

The appeals court noted the policy doesn’t specify what kind of clothing, gestures and other signs demonstrate gang affiliation and cited federal court rulings finding similar policies unconstitutionally vague.

Guilford County Schools’ first draft of a gang policy in June seemed to be headed in the same direction. School board attorney Jill Wilson read last week’s appeals court ruling with keen interest and said Guilford board members are well aware of the problems cited.
Listing specific gang characteristics is probably futile when they change constantly — and when those indicators might apply to students who have nothing to do with gangs except for similar taste in fashion.

Still, gangs and gang-related activity pose big trouble for schools and have to be dealt with. The Guilford board is right to look for ways to steer students away from them, even if it can’t agree yet on the most effective methods.

But the surest approach is to focus on student behavior more than affiliations. After all, the most dangerous students might not be gang members. Neighborhood conflicts that spill over into schools might not be related to gang turf wars. Principals and other front-line school officials have to be empowered to impose disciplinary measures and employ system and community resources that help them respond to students’ actions, not clothing. If what students wear is a problem, dress codes should be implemented.

It’s often difficult, and sometimes unfair, to label a young person as a gang member. Vague or overly generalized criteria can lead to mistakes or even invite legal challenges. While it’s important to recognize gang members if that can be done accurately, it’s more critical to identify criminal or disruptive conduct and implement strategies to stop it.