APPENDIX V - Jamesville-Dewitt Central School District

School Resource Officer Memorandum of Agreement

SRO Program 2021-2022 AGREEMENT BETWEEN THE TOWN OF DEWITT POLICE DEPARTMENT AND JAMESVILLE DEWITT CENTRAL SCHOOL District

THIS AGREEMENT is made the 24th day of August, 2021 by and between the TOWN OF DEWITT Police Department (hereinafter “Police Department”) and the JAMESVILLE DEWITT CENTRAL SCHOOL DISTRICT (hereinafter the “District”)(collectively the “Parties”) as follows:

PURPOSE
1. This Memorandum of Understanding (“Memorandum,” “MOU,” or “Agreement”) is entered into between the Parties for the administration of a School Resource Officer Program (“Program”). This agreement is adopted pursuant to N.Y. EDUC. LAW § 2801-a(10) (2019).
2. The Parties enter into this understanding in the spirit of mutual cooperation and to strengthen their efforts to safeguard children and the school community.
3. The purpose of the Program is to ensure a safe school environment; provide a clear protocol for school officials when responding to non-emergency situations in schools; foster positive interactions between and among students, school officials, and law enforcement; empower educators to respond to conflicts in their schools; reflect a shared commitment to the philosophy of de-escalation; and support a positive educational and social-emotional climate within the District.
4. The Parties acknowledge the need to foster safe and supportive schools with a positive school climate. The Parties also acknowledge that student behavior and the vast majority of school-based discipline matters are best handled by educators and school administrators, and not by law enforcement personnel or the court system.
SCOPE & APPLICABILITY
1. This Agreement applies to activities of the Police Department and District on public school grounds and the immediate perimeter thereof; on vehicles, such as school busses; on
2. vehicles dedicated for use by the Police Department in its operation of the Program; at all school-sponsored events; and any time student behavior away from school property is governed by the District’s Code of Conduct.
3. This Agreement does not govern the role of members of the Police Department, including School Resource Officers (“SROs”), with regard to illegal behaviors engaged in by non-students.
DEFINITIONS
1. “Arrest” means placing a person in police custody, without physical restraint for the purposes of charging them with an offense of the law by commencing an action in court by either arraignment or appearance ticket/summons.. N.Y. CRIM. PROC. LAW § 140.05 et seq. (2019).
2. “Biometric record” means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting. 34 C.F.R. § 99.3 (2012); 20 U.S.C. § 1232g (2013).
3. “Code of Conduct” means the document the Board of Education of the District develops, adopts, enforces, and amends, where appropriate, for the maintenance of order on school property, including a school function, which shall govern the conduct of students, teachers, other school personnel, and visitors. The Code of Conduct contains the District’s behavioral and discipline policies required by New York law and is shared with students and parents. N.Y. EDUC. LAW § 2801 (2012).
4. “Detain” means to hold a person in official custody for the purposes of criminal questioning or the physical restriction of a person’s movement.
5. “Federal Immigration Authorities” or “Federal Immigration Enforcement Agency” means any officer, employee, or person otherwise paid by or acting as an agent of the United States Immigration and Customs Enforcement (“ICE”), Homeland Security Investigations (“HSI”), Customs and Border Protection (“CBP”), or Department of Homeland Security (“DHS”), or any division thereof, who is charged with immigration law enforcement.
6. “Gender” includes actual or perceived sex, gender identity, and gender expression including a person’s actual or perceived gender-related self-image, appearance, behavior, expression, or other gender-related characteristic, regardless of the sex assigned to that person at birth. NYC Admin. Code § 8-102 (2019).
7. “Guidance Intervention” or “Response to Intervention” generally refers to the practice of providing high-quality instruction or intervention to meet the needs of all students through the provision of differentiated instruction in core curriculum and supplemental intervention.
8. “Police Department” refers to the DeWitt Police Department.
9. “Individualized Education Program Team” (“IEP Team”) refers to a school’s team of qualified professionals who are primarily responsible for the development and review of a child’s Individualized Education Program (“IEP”). At a minimum, the IEP Team shall include the parent of the student, at least one of the student’s general education teachers, the special education teacher, the school psychologist, an individual who can interpret the instructional implications or evaluation results, a representative of the school district who is qualified to provide or supervise special education and knowledgeable about the general curriculum, the child, or the District’s resources, and the student (when appropriate). 34 C.F.R. § 300.321 (2007).
10. A “non-criminal violation” is any offense, other than a traffic offense, in the N.Y. Penal Law that does not allow for a term of imprisonment greater than fifteen days.
11. “Parent” means a person in parental relation to a student, including the student’s parent, legal guardian, or other person legally responsible for a student under New York law.
12. N.Y. EDUC. LAW § 2 (2005); N.Y. GEN. OBLIG. LAW § 5-1551 (2018).
13. “Police Officer” means any sworn member of the Police Department.
14. “Multi-tiered System of Support” (“MTSS”) refers to a framework grounded in the belief that all students can learn and all school professionals are responsive to the academic and behavioral needs of all students. MTSS focuses on evidence-based practices, relies on student progress data to inform instructional decisions and ensures that each student, based on their unique needs, receives the level and type of support necessary to be successful.
15. “Restorative practices” refers to prevention and intervention measures for responding to misbehavior that focus on building relationships, holding students accountable, and creating a sense of community through participatory decision-making and problem solving. Restorative practices include, but are not limited to, collaborative negotiation, circle process, peer mediation, conflict resolution, and formal restorative conferencing.
16. “School official” means any school board member or employee of the District.
17. “School property” means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of a public school in the District. “School property” also means in or on a school bus, whether owned and operated by the District or by a carrier that the district contracts with for the transportation of its students.
18. “School Resource Officer” (“SRO”) means law enforcement officer(s) assigned to District schools, or any uniformed employee of the Police Department who is assigned on a full or part-time basis to work in a District school
19. “School Resource Officer Program” (“Program”) refers to all administrative, organizational, and policy components that allow for the placement of SROs or any employee of the Police Department in the District’s schools pursuant to this Agreement.
20. “Student” refers to a person enrolled in a District school or program.
21. “Suspension” refers to a student’s temporary prohibition from attending regular classes on either a short-term or a long-term basis in accordance with N.Y. EDUC. LAW § 3214 (2017). A short-term suspension refers to a suspension of a student from either class or school for five days or less. A long-term suspension refers to a suspension of a student from school in excess of five days.
EMPLOYMENT AND ASSIGNMENT OF SCHOOL RESOURCE OFFICERS
1. The SRO shall be an employee of the Police Department and shall be subject to the administration, supervision and control of the Police Department. Such administration, supervision and control is subject to the terms and conditions of this Agreement, as long as those terms do not compromise the Town’s Employer/Employee relationship.
2. The Police Department agrees to provide and to pay the SRO’s salary and employment benefits in accordance with the applicable salary schedules and employment practices of the Police Department. The SRO shall be subject to all other personnel and practices of the Police Department, including but not limited to the Police Department’s policies on the use of force. Such policies or practices may have to be modified to comply with the terms and conditions of this Agreement, as long as those terms do not compromise the Town’s Employer/Employee relationship.
3. The District Superintendent or their designee shall work collaboratively with the Police Department in any decision concerning assignment or removal of an SRO from their school. The Parties shall use a collaborative process in the assignment of a new SRO. Both Parties shall have the right to attend and participate in candidate interviews. The Police Department shall select three finalists from the candidate pool and the District shall select the candidate to be assigned. In the event that the District decides not to select a candidate from the three finalists, the Police Department shall restart the process until providing a candidate suitable to the District.
4. Prior to starting work under this MOU, the SRO shall meet with the District Superintendent, school principals and any previously assigned SRO, to discuss their respective roles, the school culture, and any other useful information. Thereafter, the District Superintendent, school principal or their designee shall maintain regular communication with the Police Department and SRO about SRO assignments and physical placement in the school building.
5. The Police Department shall notify the District within 24 hours of the termination of the services of a SRO assigned to the District. The Superintendent/designee has the right to request the removal or reassignment of any SRO for any reasonable cause provided in writing to the Police Department on 24 hours notice. Additionally, The District has the right to refuse the services of a particular SRO and shall provide the Police Department with 24 hours notice of its intent to do so. Upon such notice by either party, the Parties shall meet and confer within 48 hours of such notice to discuss the replacement of the SRO.
6. The Police Department shall hold the District free, harmless and indemnified from and against any and all claims, suits or causes of action arising out of allegations of unfair or unlawful employment practices brought by SROs.
7. In the event an SRO is absent from work, the SRO shall notify both his supervisor in the Police Department and the principal of the school to which the SRO is assigned on that particular day. To the extent possible, the Police Department shall provide an interim replacement in consultation with the District.
8. The relationship of the Police Department to the District shall be that of independent contractor and neither party shall be an agent of or otherwise have authority to bind the other party.
9. The superintendent/principal/designee shall have the final say in determining how, where, and when the SRO are deployed in the school building.
10. The SRO shall be integrated into the school’s educational mission. They shall participate in meetings and discussions when the principal/designee requests.
11. The SRO shall meet with teacher, parent, and student representatives at least one time per semester to discuss school safety, questions, and concerns.
12. The principal/designee of the building where the SRO is primarily assigned shall produce an annual review of the SRO. This review shall be submitted to the District and shared with the Police Department.
PAYMENT TERMS AND DUTY HOURS
1. The SRO’s regular duty shall be 40 hours per week for 185 days, in accordance with the District’s calendar of instructional days, and the schedule of these hours shall be set by mutual agreement between the District and the Police Department. In the event that school is closed on one of the designated instructional days (for example because of a snow day), the Police Department will not bill the District for that day. The District may contract for additional service days beyond the required 185 days at the per diem rate.
2. The District shall reimburse the Police Department for the services of the SRO the cost of
3. $89,500 during the school year 2021-2022, as set forth in the attached Schedule “A”. The District will pay the Police Department this cost on a prorated monthly basis within 10 days of receipt of the monthly Town invoice referenced in Section V.3, below.
4. From time to time the SRO may be required to work more than the 8 hours of regular scheduled duty in a given day. In such instances, the additional time worked by the SRO shall be credited as compensatory time or overtime. The choice of either compensatory time or overtime shall be at the discretion of the SRO. Both overtime and compensatory time shall be earned at the rate of time and one half for all work in excess of the regular scheduled duty day. Any overtime and compensatory time earned while working in the capacity of an SRO shall be billed to the SCHOOL District at the SRO’s overtime rate as set forth in the attached Schedule “A”.
5. The Police Department shall invoice the school district for reimbursement of the SRO’s pro-rated monthly cost plus any overtime and/or compensatory time on a monthly basis.
6. The SRO shall be on duty upon the school grounds fifteen minutes before the beginning of the student instructional day and shall remain on duty for eight (8) hours unless this schedule is modified by the mutual agreement between the Police Department and the District, or the Principal of the building to which the SRO is assigned on a given day.
7. It is understood and agreed that time spent by the SRO attending court juvenile and/or criminal cases arising from and/or out of their employment as an SRO shall be considered as hours worked under this Agreement.
8. In the event of an emergency the SRO may be ordered by the Police Department to leave school grounds during normal duty hours as described above to perform other services for the Police Department. In such instances, the time spent by the SRO away from the school grounds shall not be considered billable time by the Police Department.
9. For school vacations, holidays and other times when school is not in session and/or the SRO is not required to be on school grounds, the officer may take available leave balances per the leave time policies of the Police Department, or report to the SRO supervisor for reassignment.
CHAIN OF COMMAND
1. As employees of the Police Department, the SRO shall follow the chain of command as set forth in the Police Department Policies and Procedure Manual subject to the terms of this agreement the Parties acknowledge the SRO’s duty to act in accordance with federal law, state law and the manual orders of the Police Department.
2. In the performance of the duties described herein, the SRO shall regularly coordinate and communicate with the principal or the principals’ designee of the schools to which they are assigned. The principal or designee shall contact the SRO Supervisor assigned by the Police Department for such purpose in the event of any question regarding the performance of duties by an SRO.
SCHOOL RESOURCE OFFICER QUALIFICATIONS AND TRAINING
1. All SROs and school officials who work in public school buildings shall be trained on this MOU.
2. To be an SRO, an officer must first meet all of the following basic qualifications:
  - Shall be a sworn police or peace officer and should have a minimum of five years of law enforcement experience;
  - Shall possess a sufficient knowledge of the applicable Federal and State laws, Town and County ordinances, and Board of Education policies and regulations;
  - Shall be capable of conducting in depth criminal investigations;
  - Shall possess even temperament and set a good example for students;
  - Shall possess communication skills that would enable the officer to function effectively within the school environment;
  - Shall submit fingerprints, unless already on file and available for use by the New York State Division of Criminal Justice Services (DCJS), and be criminally cleared by the New York State Education Department (NYSED) to have direct, in-person, face-to-face communication and interaction with the District’s students, in accordance with applicable law (namely N.Y. Education Law 1804(9), 3035, and 8 NYCRR 87.2(k)(1)[ii]); and
  - Shall complete New York State School Resource Officers Basic 40-hour School Resource Officer course or its equivalent.
3. The District shall not rely on SROs or members of the DeWitt Police Department to provide counseling or other functions performed by a trained mental health provider, such as a school counselor, social worker, or psychologist.
4. Every SRO shall receive specialized training on the following topics:
  - conflict and crisis de-escalation techniques, including techniques for limiting the use of physical force or mechanical or chemical restraint;
  - conflict resolution;
  - bias-based discrimination and sexual harassment;
  - child and adolescent development and psychology;
  - the effects of trauma;
  - mental health crisis intervention;
  - the mental and behavioral health needs of children with disabilities and special needs;
  - intimate partner violence among adolescents;
  - the collateral consequences of arrests, summonses, court involvement, and out-of-school discipline for students including immigration, higher education, and housing consequences;
  - the Individuals with Disabilities Education Act (“IDEA”), and the protections it affords to students with disabilities; and
  - cultural awareness and competence in working with young people and adults of diverse racial, ethnic, national origin, religious, and language backgrounds, and sexual orientations and gender identities.
  - In the event that the Police Department does not offer training in the above listed areas, the District will arrange for training in those areas.
5. In addition, all SROs shall be familiar with and trained in restorative justice practices, MTSS, guidance interventions, and other support programs in use by the school. Wherever possible, members of the school community, including school personnel, students, parents, and any other interested party shall be aware of SRO training and provide feedback on the content.
6. Every SRO shall participate in annual in-service professional development with school administrators on this MOU and in the topics listed above.
7. Reputable organizations in each field shall conduct all training described above.
8. The training plan for both District employees and Police Officers must include procedures for notifying families about any Police Officer or Federal Immigration Agent’s effort to gain information about students and families.
9. The SRO may be required by the Police Department to attend monthly training and briefing sessions. These sessions will be held at the direction of the Police Department Operations commander. Briefing Sessions will be conducted to provide for the exchange of information between the department and the school liaison.
10. The District and the Police Department shall schedule training for the SRO in Board of Education Policies, regulations and procedures, including the Code of Conduct for students and others and the programs and practices of the District regarding student discipline.
RESPONDING TO STUDENT MISBEHAVIOR
1. School officials are responsible for fostering a positive school climate, administering the Code of Conduct, and responding to normative child and adolescent behaviors.
2. School administrators have the responsibility to ensure consistent enforcement of school rules and policies. SROs shall not act as school disciplinarians, as enforcers of District Code of Conduct violations, nor may they act in place of school officials for classroom management, or in place of school social workers, counselors, psychologists, or psychiatrists on school property or at school-sponsored events.
3. SROs shall not use their powers to arrest and/or detain to intervene in the following child and adolescent behaviors. School officials shall not request the intervention of Police Officers or SROs when responding to the following child and adolescent behaviors:
  - Disorderly behavior;
  - behaving in a rude or disruptive manner;
  - making excessive noise;
  - hanging out in school hallways or bathrooms;
  - violating the dress code or uniform policy;
  - failing or refusing to provide identification upon request;
  - profane, obscene, vulgar, or lewd language, gestures, or behavior;
  - use of racial or other slurs;
  - bullying, verbal abuse, and/or harassment;
  - defying school officials, SROs, or Police Officers;
  - cutting class, tardiness, and unexcused absence;
  - leaving school without permission;
  - entering or attempting to enter a school building before or after school hours (not breaking and entering);
  - minor acts of vandalism and/or graffiti in a school building; and
  - possession or use of a prohibited item under the Code of Conduct that does not violate the N.Y. Penal Law (e.g., cell phones) and is not a weapon as defined in the Code of Conduct.
    If the SRO is involved, any use of averse behavioral interventions will comply with the Town of DeWitt PD Use of Physical Force Policy.
4. School administrators shall respond to the above student behaviors pursuant to the District’s Code of Conduct. These behaviors shall not be treated as violations of the criminal law to be referred to SROs, Police Officers, or the court system.
5. The principal/designee shall make the final determination of how to respond to student behavior, taking the following factors into consideration:
  - the student’s age and maturity;
  - the student’s Individualized Education Program (“IEP”), Behavioral Intervention Plan (“BIP”) and 504 Accommodation Plan, if applicable;
  - the student’s mental, medical, and emotional needs;
  - the student’s disciplinary record (including the nature of any prior misbehavior, the number of prior instances of misbehavior, and the disciplinary and guidance intervention measures applied for each);
  - the nature, severity and scope of the behavior;
  - the circumstances/context in which the conduct occurred;
  - the frequency and duration of the behavior; and
  - the number of persons involved in the behavior.
6. Where a student exhibits a serious emotional, psychiatric, or potential self-harm issue that requires immediate attention, school officials should make every effort to de-escalate the situation. School officials should also make every effort to ensure the student’s safety and emotional needs are met without involving police or SROs. Any response by school officials, or SROs must include consideration of the student’s IEP, BIP, and 504 Accommodation Plan, if applicable. Students should not be restrained or be subject to physical force by Police Officers or SROs unless they are an imminent threat to themselves or others. In these situations, the parent should be contacted immediately to discuss possible involvement of mobile mental health providers. Students who are not injured or experiencing a dangerous condition should not be transferred to Emergency Medical Services without parental notification.
INTERVENTIONS BY MEMBERS OF THE POLICE DEPARTMENT & SCHOOL RESOURCE OFFICERS
1. Police Officers and SROs shall not arrest students at school for alleged non-school related offenses unless the students’ presence in school creates a danger to others.
2. Police Officers and SROs shall not respond to and are not responsible for routine disciplinary matters involving students. In the event that an SRO witnesses a student violating school rules, the SRO’s primary responsibility shall be to inform a relevant school official.
3. Police Officers and SROs shall not confiscate student belongings for the purpose of enforcing the school’s code of conduct unless the belongings are defined as weapons in the code of conduct or unless turned over by school administration.
4. Although some student behavior may meet the technical definition of a crime or violation under New York law, it is inappropriate to subject students to criminal legal consequences for child and adolescent behaviors. The School administration will respond to these as disciplinary matters, and students shall not be arrested, subject to criminal prosecution, or averse behavioral interventions used for the following offenses committed in school. This does not preclude a third party from involving the police in criminal matters.
  1. Disorderly Conduct (N.Y. PENAL LAW § 240.20);
  2. Harassment (N.Y. PENAL LAW § 240.26);
  3. Graffiti (N.Y. PENAL LAW §145.60);
  4. Criminal Mischief (N.Y. PENAL LAW § 145.00); and
  5. Obstructing Governmental Administration (N.Y. PENAL LAW § 195.05) or Resisting Arrest (N.Y. PENAL LAW § 205.30) when the underlying offense is listed above or is a behavior listed in paragraph VIII.3.
5. Under most circumstances a summons shall not be issued or an arrest shall not be made of a student on school grounds or at a school-sponsored event based solely on a non-criminal violation of the N.Y. Penal Code or Code of Conduct.
6. In order to arrest a student during the school day, the SRO must have: (1) probable cause to believe that the student has committed a misdemeanor or felony that is not conduct listed in paragraph IX.4. and (2) the agreement of the principal that a formal arrest is necessary.
7. In situations where a warrant directs that an arrest of a student be carried out at school, the execution of the warrant shall be planned in conjunction with the principal/designee. Police Officers, SROs, and school officials shall make every effort to respect students’ privacy rights. Absent emergency circumstances, the warrant shall not be executed in a public location such as a classroom, hallway, or cafeteria, to minimize disruption and exposure to other students.
8. When Police Officers or SROs are executing the arrest of a student, school officials shall immediately contact the student’s parent or guardian. Police officers and SROs shall not transport a student to a police station without the express consent of the student’s parent or guardian unless the police officers have a valid warrant for the arrest of the student, or the student has committed an arrestable offense on school property. In the situation of a valid warrant or an arrestable offense on school property, transportation of a student to a police station will only occur with the notification of that student’s parent or guardian. Any questioning of that student, including, but not limited to, during transport or at the police station, will comply with Section X herein..
9. Students need to feel safe in school. Physical force should never be used against students except in those circumstances where serious physical injury is imminent.
10. Under no circumstance shall a Police Officer or SRO use mechanical restraints on students for purposes of administrative convenience, punishment, or de-escalation. Mechanical restraints include but are not limited to: metal, plastic, or Velcro handcuffs or shackles; restraint chairs; helmets; prone or face-down restraints; or the act of being physically locked in a room. To determine if it is appropriate to use mechanical restraints, the Police Officer or SRO must take into consideration the safety of the student, the Police Officer or SRO, and other members of the school community; the age and physical stature of the student; the type of offense alleged and whether weapons were used; the presence of the student’s parent and/or school employees; the number of students being arrested; the judgment of the principal or designee; and the student’s demeanor.
11. All use of aversive behavioral interventions, such as pepper spray and other noxious sprays, or pain or pressure point compliance devices or other types of painful or intrusive stimuli will be in compliance with the Town of DeWitt Police Department’s Use of Physical Force Policy.
12. For children with disabilities, the principal/designee, in collaboration with the school’s IEP Team, shall develop an agreed upon response when a child’s behavior is a manifestation of their disability. Whenever they have knowledge of a student’s disabilities and accommodations that may be relevant, they should share this information with the SRO. Police Officers and SROs shall consider this information in interactions with the Student.
QUESTIONING STUDENTS
1. Absent imminent serious physical injury to a member of the school community, Police Officers and SROs shall not question students during the school day (including but not limited to students who are suspects) about their involvement in or knowledge of suspected criminal or noncriminal activity unless the following criteria are met:
  1. the student’s parent or guardian has been given an opportunity to be present and has given consent for the questioning;
  2. the student and parent/guardian have been properly informed of the student’s Miranda rights, and the student is capable of understanding those rights; and
  3. the questioning occurs at a time in the school day when it will have a minimal impact on the student’s learning.
2. If the parent of a student who is a victim or witness (not a suspect) cannot be reached, Police Officers and SROs may not question the student unless there is a continued threat of clear and present serious physical injury to a member of the school community that warrants questioning, and the principal is notified as soon as possible.
3. If the parent of any student who is subject to questioning cannot be present, the principal/designee shall remain with the student during the questioning, or the student may be permitted to request the presence of another adult in the school unless otherwise directed by the parent.
4. Police Officers and SROs shall not ask school officials to question a student for them in an effort to circumvent these protections. Under no circumstance may the principal/designee compel or coerce a student to submit to questioning by Police Officers or SROs.
5. The Police Department shall provide language assistance services in the form of interpretation, translation, or monolingual conversation for students and parents with a primary language other than English.
6. Pursuant to the Family Educational Rights and Privacy Act (“FERPA”), student education records shall not be released to law enforcement absent a court order or applicable statutory exception. 20 U.S.C. § 1232g(b)(1) (2013).
SEARCHING STUDENTS
1. In order to search students and their belongings, Police Officers or SROs (1) must have probable cause to suspect that the search will reveal evidence that the student has committed or will commit a criminal offense, and (2) the scope of the search must be reasonably related to the objectives of the search and not excessively intrusive in light of the student’s age and sex and nature of the infraction. The principal/designee shall be present during all searches of students. All searches by police will be in accordance with the Town of DeWitt Police Department’s Manual Order-411-Search Policy.
2. Police Officers and SROs shall obtain the permission of the principal/designee prior to conducting a search of a student. If such permission is granted, the principal/designee shall immediately notify the student’s parents. The principal/designee’s permission to search a student is not required when the SRO believes there is an imminent threat to the student or a third party. In such cases, the principal/designee and the student’s parent shall be notified immediately following the search.
3. Wherever possible, when a search will require physical contact with the student, the officer conducting the search shall be of the gender preferred by the student and a staff member of the preferred gender will be present as a witness unless there is an imminent threat to the student or a third party.
4. Police Officers and SROs shall not ask school officials to search students or their belongings in an effort to circumvent these protections.
5. Police Officers and SROs may not be present or participate in a search of a student with regard to a suspected discipline issue, including those matters included in paragraph IX.4.
6. Strip searches of students are prohibited unless under exigent circumstances where the life of officers or others may be at risk. A strip search is defined as, having a person remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments of such person.
STUDENT PRIVACY
1. Absent a health or safety emergency, a District principal/designee shall not release information from a student’s education records except pursuant to a court order or lawfully issued subpoena, on the informed written consent of the student’s parent or the student if the student is 18 years of age or older, or if the requested information falls under a statutory exception to FERPA. See 34 C.F.R. §§ 99.30-99.39.
2. The District shall refuse all voluntary information sharing with law enforcement authorities, including Federal Immigration Authorities, to the fullest extent possible under the law.
3. Certain categories of information about a student or their family members are deemed sensitive and confidential, and shall not be shared with any non-school officials for any non-educational purpose absent parental consent or a valid court order. Sensitive and confidential information includes, but is not limited to:
  1. Actual or perceived national origin;
  2. Actual or perceived immigration or citizenship status, including a student’s social security number or information contained in a student’s passport, birth certificate, or residency or citizenship-related documents;
  3. Actual or perceived religion;
  4. Actual or perceived gender or gender identity or expression;
  5. Actual or perceived sexual orientation;
  6. Records of criminal allegations, arrests, convictions, or adjudications;
  7. School discipline records;
  8. Health or medical information;
  9. Status as a recipient of public assistance; and
  10. All information included in a student’s household’s income tax records.
4. The District shall not initiate communication with any law enforcement agency, including any Federal Immigration Enforcement Agency, regarding a student’s or family member’s “sensitive and confidential” information described above.
5. The District and its SROs shall not enter into agreements to share student information with local law enforcement or Federal Immigration Authorities except as required by law.
6. If a District principal/designee receives a subpoena for student records, including an ICE Administrative Subpoena, they must immediately notify the District’s General Counsel to make a determination whether to grant or refuse access to the records based on the District’s general policy against sharing student records for any purpose that is not education related. Upon receipt of any subpoena for student records, including an ICE Administrative Subpoena, the principal/designee must immediately notify the student’s parent.
DRESS CODE
1. The SRO shall work primarily in a departmental issued patrol uniform while on duty, unless otherwise authorized by the SRO supervisor.
SUPPLIES AND EQUIPMENT
1. Motor vehicles. The Police Department shall provide a marked vehicle for the SRO while on duty.
2. Office Supplies. The District agrees to provide each SRO with the usual and customary office supplies and forms required in the performance of their duties. In addition, the SRO shall be provided a private office within the school that is accessible by the students. The SRO shall also be provided by the District a computer, printer and scanner.
INSURANCE AND INDEMNIFICATION
1. The Police Department shall maintain in full force and effect during the term of this Agreement a comprehensive liability insurance policy with coverage that is consistent with police department policies and procedures.
2. Without waiving any defenses, the Police Department agrees to, at its sole cost and expense, indemnify, protect, defend and hold the District harmless against any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, actions, proceedings, costs, disbursements and/or expenses (including reasonable attorney’s fees) arising out of the performance of the SRO’s authorized duties as a police officer. The District shall provide notice to the Police Department within twenty (20) days of obtaining the same, of any potential claim or action which, if decided adversely to the District, would cause the District to suffer or incur loss or expense.
3. Without waiving any defenses, the District agrees to, at its sole cost and expense, indemnify, protect, defend and hold the Police Department harmless against any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, actions, proceedings, costs, disbursements and/or expenses (including reasonable attorney’s fees) arising out of the performance of the SRO’S authorized duties as solely directed by school personnel and not pursuant to or in contravention of the SRO’s law enforcement duties. The Police Department shall provide notice to the District within twenty (20) days of obtaining the same, of any potential claim or action which, if decided adversely to the Police Department, would cause the Police Department to suffer or incur loss or expense
RECORDKEEPING, ACCOUNTABILITY & TRANSPARENCY
1. SROs shall provide monthly written reports to school administrators detailing all activities conducted during the month. Daily activity reports shall be maintained and summarized in these monthly reports. SROs shall also provide a comprehensive annual report to be reviewed by the principal. Monthly meetings between the SRO and building administration should take place to discuss the data and reporting outlined in this article.
2. The principal/designee shall notify the Superintendent and enter a written incident report the same day of any law enforcement activity, including immigration enforcement, involving a District student. The principal/designee shall document any such activity when any law enforcement agency requests access to school property, student records, or students; interviews a student on school grounds; or detains a student on school grounds.
3. Incident reports created by the principal/designee must be maintained by the school and accessible to students and their parents as an education record and must be stored in such a way that will protect the individual student’s identity and privacy.
4. All incident reports must record the school site, nature of incident or offense, race, ethnicity, gender and gender identity or expression, disability (if applicable), age of the student or students involved in the incident, and whether the incident was or was not school-related.
5. Data on handcuffing, arrests, and summonses of students in each school and the use of surveillance technologies shall be provided bi-annually to parents and community members at District Board of Education meetings. The data must be disaggregated by age, race, gender, grade level, special education status, and English language proficiency, and structured in a way that will protect the identities of individual students.
6. Both the District and the Police Department shall provide the public with the following information updated on an annual basis unless stated otherwise:
  1. Regulations, policies, and protocols governing the SROs, including any changes made in the prior year;
  2. Training materials for SROs;
  3. Budget information for all aspects of the SRO program, including SRO training costs, and sources of funding and expenditures;
  4. Number of SROs deployed to each school in the District;
  5. Number of times that any Police Officer or SRO used mechanical restraints on students during the prior school year, including:
  6. a description of the student’s behavior and actions taken by the Police Department and District; and
  7. the student’s age, race, gender, grade level, special education status,
  8. English language proficiency, and socioeconomic status; and
  9. Number and types of complaints against SROs, including their assigned school at the time of the complaint, and the disposition of each complaint.
7. Students, parents, administrators, and school personnel who believe that any District officials or the SRO are violating the terms of this Agreement may file a complaint with the District Superintendent within 30 days of the alleged violation. The Superintendent will investigate the complaint. Within two calendar days of receiving a complaint, the District will acknowledge receipt of the complaint in writing, and in writing also provide anticipated actions and timeline for addressing the allegations of the complaint. The Superintendent shall report to each complainant the results of the investigation no later than 20 calendar days after acknowledging receipt of the complaint and if any new information is obtained.
PROHIBITION AGAINST IMMIGRATION ENFORCEMENT ON SCHOOL CAMPUS OR AT SCHOOL EVENTS
1. The District has a constitutional obligation to provide a free public education to all students, including immigrant and non-citizen students. To satisfy this obligation, the District shall not enter into agreements with state or local law enforcement agencies, or any Federal Immigration Authority, to use District resources, including personnel, to conduct or support immigration enforcement activities.
2. SROs shall not: hold individuals in custody on detainers issued by Federal Immigration Authorities, respond to notification or transfer requests from Federal Immigration Authorities, make arrests based on civil immigration warrants, or otherwise facilitate the use of campus facilities for immigration enforcement purposes.
3. Any requests by Federal Immigration Authorities and non-SRO law enforcement for access to school property, student information, or school events shall be immediately forwarded to the District’s Superintendent and the District’s General Counsel. The District Superintendent and District General Counsel shall review the request and make a decision on whether facilitating such access will conflict with District policies and compliance with the law.
4. When law enforcement officers, including Federal Immigration Enforcement Agents, request access to a school site or to interview a student for a non-school-related purpose, the District Superintendent and/or District General Counsel shall ask for: (1) the officer’s credentials; (2) the reason for the request; and (3) a warrant signed by a federal or state judge. If officers are unable to provide such written authority and warrant, the Superintendent and/or General Counsel shall deny their request for access to District property unless otherwise required by law, as determined by the General Counsel. If the law enforcement officers satisfy the above criteria, the school principal or his/her designee shall monitor the officers’ investigation and ensure the officers are not given access to information, records, and areas beyond that specified in the warrant.
5. The District shall deny all requests by law enforcement officers, including Federal Immigration Authorities, for access to a school site or to interview a student regarding non-school-related matters.
IMPLEMENTATION OF MOU
1. Prior to the adoption of this MOU, the District and the Police Department must affirmatively seek input from stakeholders, including but not limited to, parents, students, school administrators, teachers, collective bargaining units, parent and student organizations, and community members. See N.Y. EDUC. LAW § 2801-a(10) (2019).
2. Within 90 days of the signing of this MOU, the District Superintendent shall ensure that this MOU is distributed to all District teachers, administrators, and other staff, and that appropriate training regarding the provisions of this MOU and the responsibilities of District employees under the MOU is provided to District employees.
3. Within 90 days of the signing of this MOU, the Police Department shall ensure that this Memorandum is distributed to all of its officers, including SROs, and that appropriate training regarding the provisions of this Memorandum and their responsibilities under the MOU has been provided to the officers.
4. The District Superintendent shall create in-language versions of the Memorandum and distribute it to all District students and families.
DURATION OF MOU

1. This MOU shall become effective immediately upon execution by signature. Renewal of the MOU occurs annually with the approval of the District Safety Plan.

IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Understanding to be executed the day and year first written above.

JAMESVILLE DEWITT CENTRAL SCHOOL District

By: Dr. Peter Smith, Superintendent of Schools

TOWN OF DEWITT

By: Edward Michalenko, PhD, Supervisor

DEWITT Police Department

By: Chase Bilodeau, Chief of Police