Resource Guideline & Key Elements for LASPD

Resources and Key Elements on the Roles and Responsibilities of Police on Campus

SAMPLE AGREEMENTS, POLICIES and MOUs

1. San Francisco Unified Memorandum of Understanding Between SFPD and SFUD (adopted January 2014) available at http://www.fixschooldiscipline.org/2014/01/sanfrancisco-schools-target-arrests/#

2. Broward County Unified Collaborative Agreement on School Discipline (adopted
November 2013) available at http://blogs.edweek.org/edweek/rulesforengagement/BrowardCollabAgreement.pdf

3. Denver Unified Intergovernmental Agreement Between DPS and DPD (adopted February 2013) available at http://safequalityschools.org/resources/entry/Padres-IGA & Denver Public Schools Discipline Policy, Matrix and Ladder

4. Clayton County Cooperative Agreement (renewed August 2013) available at http://www.nycourts.gov/ip/justiceforchildren/PDF/Capital%20Region%20Summit/AR/6 %20P3.AR%20-%20GA%202013%20School%20Offense%20Agreement.pdf

5. Birmingham City School Collaborative Agreement (adopted 2009) available at http://media.al.com/spotnews/other/Agreement%20to%20cut%20arrests.pdf

ADDITIONAL RESOURCES

U.S. Department of Education Office for Civil Rights and U.S. Department of Justice Civil Rights Division, Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline (January 8, 2014) available at http://www2.ed.gov/policy/gen/guid/school-discipline/index.html

Labor/Community Strategy Center Community Rights Campaign Sample Policy Equal Protection Plan available at http://www.thestrategycenter.org/report/black-brown-andover-policed-la-schools

National Dignity in Schools Campaign Model Code Chapter 3, Section 3.2 available at http://www.dignityinschools.org/files/DSC_Model_Code.pdf

KEY ELEMENTS

1. Delineating roles, establishing protocols, and identifying alternatives

Community Rights Campaign EPP:

• Where no immediate danger incidents are referred to school administration for an assessment to assign an intervention, support or consequence that keeps the student integrated in the school community
• The assessment takes into account the totality of circumstances related to the student, the incident and the school community
• Emphasis on restorative practices

San Francisco:

Where no immediate danger school administrators always consulted before
involving police
• Graduated responses starting with a warning and then subsequent diversion referrals
• Oversight (‘corrective action') by district ‘disproportionate use of police intervention in inappropriate situations.'
• No officer collaboration with evidence for expulsions
• Discipline is sole responsibility of school not law enforcement
• Administrators shall ‘prioritize alternatives to school removal and involvement of
law enforcement.'
• Criteria to assess whether student school arrest is reasonable rather than another place/time
• Emphasis on restorative practices

Broward County:

• Contains steps and guiding questions for law enforcement that requireconsultation with administration and the school discipline system and answering the questions of (1) whether the incident can be resolved without an arrest or citation and (2) if so, what intervention approach (warning, parent/guardian involvement, school-based program or community-based program)
• Contains steps and guiding questions for administrators prior to involving lawenforcement and answering (1) does Discipline Matrix require law enforcement consultation (2) In not, what school-based intervention can be used without involving law enforcement

Denver MOU:

• Explicit language that SROs: (1) differentiate between disciplinary matters and crime and respond appropriately (2) Understand the Discipline Policy and its emphasis on restorative practices and goal to minimize law enforcement interventions (3) Notify principals if an arrest or citation happens and (4) limit interruption of instructional time as a result of questioning of students as much as possible
• Explicit language that school administrators: (1) make every effort to handle school discipline without involving law enforcement referring to Discipline Matrix (2) de-escalate school-based incidents and (3) notify parents if an arrest orcitation is issued

Birmingham City Schools:

• Graduated responses with disciplinary methods and/or educational programming before court 

2. Defining and limiting arrest and citation for specified incidents

Community Rights Campaign EPP

• Identifies several types/categories of incidents (corresponding with current LASPD list) that should all be referred through school discipline policy via school administration rather than tickets, arrests or probation referrals

San Francisco:

• Defines ‘low level school based offenses' as offense involving battery, resisting arrest, disturbing the peace and marijuana possession

Broward County:
• Cross references the Discipline Matrix available at http://bcps.browardschools.com/schools/pdf/Matrix-Final%20Secondary.PDF

Denver MOU:

• Cross references the Discipline Matrix available at http://webdata.dpsk12.org/policy/pdf/Policy_JK-R_Attachment_B.pdf

Birmingham:

• Defines ‘Minor school-based offenses' as several City and Criminal Code Violations

3. Parental notification 

Community Rights Campaign EPP:

• Administrator immediate notification of a ticket or arrest
• Parental notification required

San Francisco:

• Administrator immediate notification of a student arrest
• Must notify and provide reasonable opportunity to be present for any police interrogation unless student is suspected victim of child abuse
• Offer of alternative adult present if parent cannot be reached
• Officer to coordinate with administrators prior to an arrest at school

Broward County:

• References statutory requirements for law enforcement
• Establishes notification requirement by administrators for a school-based arrest

Denver MOU:

• Establishes notification requirement by administrators for a school arrest or citation
• Establishes notification requirement by law enforcement to administrators for a school arrest or citation

 4. Underlying Student Circumstances

Community Rights Campaign EPP:

• Administrative school discipline assessment to include comprehensive set of factors - health, mental health, disability, age, social-emotional context and relationship to educational environment
• Intentional strategies to reduce racial disparities
• Interventions assigned corresponding to student and school needs

San Francisco:

• Disaggregated data reports to the district on incidents, arrests, dispositions, truancy and referrals
• Community meetings three times a year on data reports and reducing disproportionate contact for students of color and reducing school-based arrests and citations
• Training on youth development, confidentiality and special education including youth-led component and consultation with youth-centered groups

Broward County:

• Disaggregated data collection and oversight

Denver MOU:

Notification to SROs of students with disabilities and/or IEP to ensure appropriate accommodations:

• Training includes age-appropriate responses

5. Guiding Principles

Community Rights Campaign EPP:

• School Climate Bill of Rights

San Francisco:

• Ensuring safety, positive engagement and ‘unnecessary criminalization of SFUSD students for whom arrest and juvenile court involvement creates serious potential long-term consequences.'

Broward County:

• Explicit language to prevent school arrest for minor behaviors, importance of alternatives and citing disproportionate impacts on students of color, students with disabilities and LGBTQ youth

Denver MOU:

• Emphasis on ‘maintaining safe schools, improving school climate and supporting educational opportunities for all students.'

Birmingham City Schools:

Law enforcement and criminal responses to students ‘should not be taken lightly.'

• Emphasis on best interests of all parties.

6. Officer Discretion

Community Rights Campaign EPP:

• Explicit intent to prioritize a culture of mutual respect and capacity and willingness to restore a harm to the educational community rather than exclude students
• Seeks to stop tickets and arrests through middle school
• Emphasis on administrative school discipline responses for majority of schoolbased student incidents (SCBOR)

San Francisco:

• Explicit intent to use language to create an environment of mutual respect SFPD,
students, parents/guardians, teachers and administrators

Broward County:

• Explicit intent is to consider totality of circumstances and consider less punitive
alternatives that ensure safety of school community

Denver MOU:

• Contains guidelines with expressed intent for shared understanding and problem-solving
partnership between DPD and DPS to minimize law enforcement response related to school discipline.

Birmingham City Schools:

• Delineating responsibilities of each party involved in making decisions affecting law enforcement actions with students would promote best interest of the student, school system, law enforcement and the larger community
• No delinquency filing for minor school-based incident unless third or subsequent act or exceptional circumstances
• Express intent to establish uniformity for students accused of minor school-based incident and to promote a response proportional to the various and differing factors affecting each student's case