HomeMy WebLinkAbout44A - SCHOOL RESOURCE OFFICER MINUTEMAN MOUMemorandum of Understanding Between the
Minuteman School District &Lexington Police Department
Regarding the School Resource Officer Program
This Memorandum of Understanding is made and entered into by and between Minuteman
(MHS) School District and the Lexington Police Department.
I. Purpose
This agreement formalizes the partnership between the parties and facilitates a clear
understanding of the roles, duties, and responsibilities of the parties in the implementation of a
School Resource Officer ("SRO") Program in Lexington MA.
This agreement is entered into pursuant to the Laws of the Commonwealth of Massachusetts
and is to be read in conjunction with any and all policies, procedures, and reporting requirements
set forth in Minuteman's student handbook and Lexington Police Department regulations.
II. Mission Statement
The SRO Program is based upon the fundamental premise that when schools, police, prosecutors,
and other service agencies work collaboratively and proactively, the safety, mental health, and
well-being of children and youth are best served. By working together to educate the school
community, coordinate efforts, and share information, Minuteman HS and the Lexington Police
Department through the SRO Program strive to: (1) prevent violence involving the students of
MHS, (2) prevent the use, abuse, and distribution of alcohol and other controlled substances
involving students of MHS; and (3) provide a safe, secure, violence-free, and nurturing school
environment.
I11. Goals and Objectives
The SRO Program is designed to provide a safe, secure, violence-free, and nurturing school
environment while creating strong relationships between Minuteman HS, Lexington Police
Department, and the community. The goals and objectives for the SRO Program include:
• To develop positive relationships with students, faculty, staff, and parents thereby
enhancing the relationship of law enforcement with youth and the community and
improving the educational climate;
• To provide a positive role model for students to instill in them good moral standards,
judgment and discretion, respect for other students, and a sincere concern for their
community;
• To provide a cooperative effort by being accessible and responsive to the needs of the
students, faculty, staff, parents, and community;
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• To provide enhanced security and law enforcement service thereby maintaining a safe,
secure, and violence-free school environment that allows all students to learn and
flourish;
• To create a strong partnership between school and police personnel with a clear
understanding, appreciation, and delineation of the roles and responsibilities of each;
• To ensure that non-violent infractions of school rules and policies not amounting to
criminal or delinquent conduct such as tardiness, use of profanity, and disruptive or
disrespectful behavior remain the sole responsibility of school administrators;
• To ensure that SROs are timely notified of Mandatory Reportable Incidents as described
in § V.D of this agreement;
• To minimize the number of students that are unnecessarily out of the classroom, arrested
at school, or court involved;
• To identify and provide preventive help and services to at-risk students and families;
• To provide requirements and guidance for training of the SRO and school personnel
regarding SRO-related topics;
• To assist school personnel in the development of school emergency crisis policies and
guidelines (to include Threat Assessment) and assist with the facilitation ofdisaster-based
drills while updating and augmenting said policies and guidelines as needed; and
• To offer additional educational resources to the students, faculty, staff, parents, and
community through presentations and programming by the SRO that focus on law
enforcement, prevention, health, and safety topics.
IV. Selection, Supervision, and Training of SROs and Review of SRO Program
The parties agree that the selection, supervision, and training of SROs is a critical aspect of the
program. Additionally, the parties agree that reviewing the SRO Program on an annual basis is
essential to assess its success and effectiveness in meeting its stated goals and objectives.
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A. SRO Selection Process
In accordance with G.L. c. 71, § 37P, the Lexington Police Department is committed to
selecting SROs who will foster an optimal learning environment and educational community.
The selection of each SRO remains within the sole discretion of the Chief of Police. The
appointments) shall not be based solely on seniority; rather, preference will be given to
officers who demonstrate the requisite personality, character, skills, and interest to work in
a school environment with children and educators and who have received specialized training
related to working with children and adolescents, including cognitive development, de-
escalation techniques, and alternatives to arrest and diversion strategies.
Other factors for consideration in selecting an SRO include:
• Ability to work effectively with students within the age range at the assigned schools)
• Awareness of and education about the cultural descriptors that make up the
community's world views, including race, age, gender, gender identity, ethnicity,
religion, culture, sexual orientation, physical or mental disability, immigration status,
primary language and English proficiency, socioeconomic status, educational level,
and occupation
• A commitment to making all students and the school community feel welcomed,
valued, respected, and acknowledged regardless of cultural descriptors
• Knowledge of school-based legal issues
• Commitment to protecting students' legal and civil rights
• Knowledge of school and community resources
• An understanding of crime prevention problem-solving and community policing in a
school setting
• Public speaking and teaching skills
• Knowledge of school safety planning and technology
B. SRO Supervision
The SRO is a member of the Lexington Police Department and shall be subject to the
administration, supervision and control of the police department. The SRO reports directly
to the Lieutenant of the Lexington Police Department.
When on school grounds or at school related events, the SRO will coordinate with school
officials as delineated in § VI.E of this agreement.
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C. SRO Training
In addition to any basic and annual in-service training required of their officers by the
Lexington Police Department, SROs shall receive specialized training to promote their
effectiveness working with children and youth in a school setting. Continuing professional
development shall include instruction in the following areas:
1. Child and adolescent development, including the impact of abuse, exploitation,
violence, trauma, disability, poverty, and immigration status
2. Conflict resolution
3. Diversion strategies and practices
Additional areas for continuing professional development may include, but are not limited:
• SRO course such as that provided by National Association of School Resource Officers
• School crisis planning, threat assessment, and emergency response
• Juvenile law and procedure, including student rights and privacy
• Understanding and protecting civil rights in schools
• Cultural sensitivity and linguistic differences
• Implicit bias
• Teaching and classroom management
• Mental health protocols
• Trauma-informed care
• De-escalation skills
• Drug prevention programs
• Physiology of addiction
• Teen dating violence and healthy teen relationships
• Bullying prevention
• Cyber safety
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D. Review of SRO Program
The SRO Program will be reviewed annually to evaluate its success and effectiveness in
meeting its stated goals and objectives. The review will be conducted jointly by the Chief of
Police, Superintendent of the Lexington Public Schools and Superintendent of Minuteman HS
at the end of each school year. This agreement, including the SRO Goals and Objectives,
should be amended as required as a result of said review.
As part of the annual review, the performance and effectiveness of each SRO shall be
evaluated. The Superintendents) in consultation with the Principals) of the assigned
schools) will provide input regarding the evaluation. This input should take into
consideration and include feedback from teachers, students, and the school community. It
may include a recommendation to the Chief of Police that a specific SRO not be assigned to a
specific school the following year. The Chief will seriously consider such input and make a
good faith effort to address any concerns raised; however, the final selection and assignment
of SROs remains within the sole discretion of the Chief of Police.
V. Information Sharing Guidelines
A. Designated Liaisons
In order to facilitate prompt and clear communications, the parties agree to identify
individuals on their respective staffs who will function as Designated Liaisons.
Minuteman HS Designated Liaisons are:
• Superintendent of Schools — Dr. Edward Bouquillon
• School Principal —John Dillon
• Assistant Principal —Brian Tildsley
The Lexington Police Department's Designated School Liaisons are:
• Chief of Police Mark Corr
• Lieutenant Mike Barry
• Detective /School Resource Officer Kristina Hankins
The aforementioned Police Department Designated Liaisons are considered a part of the
Lexington Public Schools' "Law Enforcement Unit" as defined in the Family Educational Rights
and Privacy Act ("FERPA") (20 U.S.C. § 1232g) for purposes of sharing information regarding
students.
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B. Issues of Concern to the Designated Liaisons
1. Reportable Incidents: In order to identify and provide preventive help and services to
at-risk students and families and consistent with the goals and objectives of the SRO
Program, the parties will share information as follows:
(a) The Designated Liaisons from the School and Police Department will review all
incidents classified as Mandatory Reportable Incidents, as defined in § V.D. of this
agreement.
(b) Additionally, the Designated Liaisons will review any incident or information that
may affect the safety Orwell-being of students, faculty, or staff at the School.
2. Prevention Strategies: In addition to the above responsibilities, the Designated
Liaisons from the School, the Police Department and the Middlesex District Attorney's
Office ("MDAO")will meet regularly for the following purposes:
(a) To discuss incidents of violence or bullying (as defined under G.L. c. 71, § 370) in
school or outside of school that affects students of the school;
(b) To discuss any use, abuse, or distribution of alcohol and/or other controlled
substances or any other criminal activity affecting students UNLESS such
information was gathered as part of a "Verbal Screening Tool for Substance Abuse
Disorders" in which case it shall only be disclosed as permitted by G.L. c. 71, § 97;
(c) To identify strategies to reduce such activities and to promote a safe, secure,
violence-free, and nurturing school environment;
(d) To discuss community resources available for students at risk of harm from
violence, abuse, neglect, or exploitation;
(e) To develop violence identification, prevention, and intervention programs,
protocol and curricula as required by G.L. c. 12, § 32; and
(f) To outline the necessary action plan for implementation of such strategies.
C. Confidentiality
The parties agree to keep all information which is necessarily disclosed between them
pursuant to G.L. c. 12, § 32; G.L. c. 71, § 37H, G.L. c. 71, § 37H%; G.L. c. 71, § 37H%; G.L. c. 71,
§ 37L; G.L. c. 71, § 370, 603 C.M.R. 23.00; and 20 U.S.C. § 1232g, from being improperly
publicly disseminated except as permitted by state and federal law.
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D. Reporting Guidelines for School Reports to the Police Department
1. The following shall be considered Mandatory Reportable Incidents:1
a. Possession, use, or distribution of alcohol by a student UNLESS such information was
gathered as part of a "Verbal Screening Tool for Substance Abuse Disorders" in
which case it shall only be disclosed as permitted by G.L. c. 71, § 97
b. Possession, use, or distribution of an inhalant or any controlled substance, as
defined in G.L. c. 94C (excepting any possession of prescription medication
possessed and administered in accordance with state law and school policy) UNLESS
such information was gathered as part of a "Verbal Screening Tool for Substance
Abuse Disorders" in which case it shall only be disclosed as permitted by G.L. c. 71,
§ 97
c. Any incident in which any individual is reasonably believed to be selling or
distributing controlled substances or alcohol
d. Any incident involving the threat of assaultive behavior or intentional assaultive
behavior and/or reckless behavior that results in personal injury to another
e. Possession of a weapon, as defined in the school handbook or under G.L. c. 71,
§ 37(a), which includes, but is not limited to, a gun or a knife, and ammunition or
components thereof
f. Any incident involving stalking (G.L. c. 265, § 43), criminal harassment (G.L. c. 265,
§ 43A), annoying phone calls (G.L. c. 269, § 14A), or the issuance or violation of a
G.L. c. 209A or c. 258E protection order on behalf of or against a student
g. Any incident triggering the filing of a report for abuse and/or exploitation with the
Department of Children and Families pursuant to G.L. c. 119, § 51A, including
underage sexual contact if it qualifies as "sexual abuse." (See What Conditions Are
Reportable, www.5la.middlesexcac.or~)
h. Any sexual assault, including, but not limited to, rape, assault with intent to rape,
indecent assault and battery, open and gross lewdness, indecent exposure, or
incident of gender-based harassment, "sexting", "sextortion",z or possession or
dissemination of sexually explicit photographs of a student
1 If such information is obtained solely during a communication with a member of the school staff deemed
privileged or confidential due to the staff member's professional licensure, such communication shall only
be disclosed if consent is obtained or the communication is subject to the limits and exceptions to
confidentiality and is required to be disclosed (e.g., mandatory reporting, immediate threats of harm to
self or others).
Z "Sexting" is the act of sending, receiving, or forwarding sexually explicit photos (i.e., images depicting a
person in a state of partial or total nudity) via cell phone, computer, or other digital device. "Sextortion"
is a form of extortion wherein an individual threatens to expose or disseminate sexually explicit photos of
another person if not provided with money, additional images, the performance or promise of sexual acts,
or compliance with other demands.
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i. Any incident resulting in significant damage to municipal or private property
j. Any bomb threat, fire, threatened or attempted fire-setting, threatened or
attempted use of an incendiary or explosive device or hoax device, or possession of
a "novelty lighter" as defined by G.L. c. 148, § 60. (NOTE: The principal also "shall
immediately report any incident involving the unauthorized ignition of any fire
within the school building or on school grounds to the local fire department" under
G.L. c. 148, § 2A)
I<. Any creation or possession of a document, whether digitally or manually generated,
handwritten or electronic (e.g., text or email), that identifies any individual targeted
for violence or death
I. Any threat, direct or indirect, past or future, against a student, school personnel, or
other school employee
m. Any incident of "hazing" as defined by G.L. c. 269, § 17, involving any conduct or
method of initiation into any school organization that endangers the physical or
mental health of any student
n. Any incident triggering a Title IX investigation (20 U.S.C. § 1681-1688, 34 C.F.R.§ 106)
o. Any incident involving an actual or suspected hate crime or violation of civil rights
(See G.L. c. 265, §§ 37 & 39; 18 U.S.C. § 249), including, but not limited to:
• An assault or battery upon a person, whether or not it results in bodily injury,
with the intent to intimidate because of such person's race, color, religion,
national origin, sexual orientation, gender identity, or disability;
• Damage to the real or personal property of a person with the intent to
intimidate because of such person's race, color, religion, national origin, sexual
orientation, gender identity, or disability; or
• An act willfully causing bodily injury to any person or attempting to do so
through the use of fire, firearm, dangerous weapon, or explosive or incendiary
device because of the actual or perceived race, color, religion, national origin,
gender, sexual orientation, gender identity, or disability of any person
p. Any incident of "bullying" or "cyber-bullying" as defined by G.L. c. 71, § 370 where
the school believes that the incident may have involved criminal conduct or
involves any other reportable acts outlined in (a) through (o).
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2. Mandatory Reportable Incidents will be immediately reported to the Designated
Police Liaison if such incident:
a. Occurred on school property or within 1,000 foot radius of school property;
b. Occurred at aschool-sponsored function;
c. Occurred in a contracted bus or other vehicle or at school bus stop
d. Involved a student of Minuteman HS
3. The Designated School Liaisons may report any other incident or information that may
affect the safety Orwell-being of students, faculty, or staff at the School.
E. Reporting Guidelines for Police Reports to School
The Designated Police Liaison will inform the appropriate Designated School Liaison, subject
to applicable statutes and regulations governing confidentiality, of:
1. Any arrest of a student or the filing of a criminal or delinquency complaint application
against any student of the Lexington Public Schools;
2. A student's voluntary participation in any Diversion Program; or
3. Any occurrence involving a student of MHS, if:
a. The activity poses a serious (present or future) threat to the safety Orwell-being
of the student, other students, faculty, or staff at the School;
b. The making of such a report would facilitate supportive intervention by school
personnel on behalf of the student (e.g., the arrest or filing of a criminal complaint
against a member of the student's household); or
c. The activity involves actual or possible truancy.
VI. Roles and Responsibilities of Schools, SROS, and Police Department
The parties are dedicated to providing a safe and nurturing climate in which learning can take
place. The parties also want to promote a safe environment in the public school community
while upholding the students' legal rights as outlined in the Standard Operating Procedures
Regarding the School Resource Officer Program in the Lexington Public Schools ("SRO SOP") §5.
The parties acknowledge that proper integration of the SRO in the school environment, including
(as appropriate) educational activities, classroom instruction, school assemblies, and staff and
school safety meetings, can help build trust, relationships, and strong communication among the
SRO and students, faculty, staff, parents, and community.
As past events have shown, any school is at risk for incidents of violence, threatened violence, or
attempted violence, as well as the use, abuse, and distribution of alcohol and other controlled
substances, all of which diminish the ability of the school community to focus upon the business
of learning. In order to promote a safe and nurturing environment in our schools and in our
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community, it is in our common interest to share information as outlined in § V above. It is
through the collaborative efforts of Minuteman HS and the Lexington Police Department that
this can occur.
A. School Administration and School Personnel
1. Non-violent infractions of school rules and policies not amounting to criminal or
delinquent conduct such as tardiness, use of profanity, dress code violations, and
disruptive or disrespectful behavior remains the sole responsibility of school
administrators. To this end, SROs shall refrain from being involved in the school's
handling of such violations or misbehavior except, as asked or needed, to support
school staff in maintaining a safe school environment.
2. The school administrators agree to ensure that school employees cooperate with
police investigations and any subsequent actions related to crime or criminal activity
on school premises or at school-related events.
3. In order to maintain a safe and nurturing school environment, MHS reserves the right
to conduct a reasonable search of all school property for weapons, alcohol, other
contraband, or controlled substances in accordance with state and federal law, the
student handbook, and the SRO SOP § 5(a). Should any evidence of a criminal nature
be seized during such an inspection or search, immediate notification to the
designated police liaison will be made and the property will be secured by the SRO.
B. Reporting Procedures for Emergency Situations
Definition: An emergency situation is any incident that poses an immediate threat to human
health or safety or which may result in serious property damage.
A teacher or other school employee having knowledge of any emergency situation shall
immediately notify or cause to be notified both the Lexington Police Department (911) and
the Principal or Assistant Principal. This requirement is in addition to any procedures outlined
in the school's student handbook, administrative manual, and/or School Committee policy
manual.
Where an emergency exists and there is an immediate need to avert or diffuse certain
unusual conditions or disruptions in the school setting, the school will provide all necessary
information to law enforcement personnel regarding the students at issue. (See
§ 99.31(a)(10) of the FERPA regulations.)
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C. Reporting Procedures for Non-Emergency Situations
A teacher or other school employee who has reasonable grounds to believe that a student
has committed an act categorized as a Mandatory Reportable Incident, shall promptly: (1)
report the incident and names of any involved persons to the appropriate Designated School
Liaison, and (2) notify the Designated School Liaison of the existence of any physical evidence
and take reasonable steps to maintain any pertinent physical evidence securely.
D. Responsibilities of Designated School Liaisons)
Once a Designated School Liaison has been made aware of a Mandatory Reportable Incident,
it is her/his responsibility to:
• Timely notify the Designated Police Liaison and, when appropriate, the
parents/guardians of the involved student(s);
• Timely notify the Designated Police Liaison of the existence of pertinent physical
evidence and take reasonable steps to maintain it in a secure place; and
• Timely notify the Designated Police Liaison of any written reports about the incident.
E. Responsibilities of SRO/Designated Police Liaisons)
Because the Principal or his designee alone has control of the school building at any given
time, police officers shall report to the main office upon entering Minuteman HS. The
Principal's foreknowledge of police presence in the building can do much to facilitate the
school's operation and still prevent escalation of any existing situation requiring police
response.
SROs shall not serve as school disciplinarians, as enforcers of school regulations, or in place
of licensed school mental health professionals and shall not use police powers to address
traditional school discipline issues, including non-violent disruptive behavior.
When the police have assumed responsibility in a criminal investigation, the police naturally
are the decision-makers concerning that investigation. The Principal or Designated School
Liaison shall convey to those authorities his or her best assessment of the situation which
may not be apparent to the police. The Principal or Designated School Liaison will not
interfere with a criminal investigation once it has been initiated.
It is the goal of the Lexington Police Department to meet the needs of all its community's
children and youth. In collaboration with MHS, the SRO/Designated Police Liaison will
attempt to identify those students who may be at risk for problematic or unsafe behavior and
link them to the support and services they need (e.g., mental health services, drug and alcohol
counseling). In this endeavor, the SRO/Designated Police Liaison will seek to assist families
by offering to develop an action plan that is tailored to meet the unique needs of the student.
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F. Arrests of Students
Whenever possible, arrests of students will be attempted outside of school buildings and in
compliance with the Standard Operating Procedures separately established by the Chief of
Police and Superintendent pursuant to G.L. c. 71, § 37P.
G. Emergency Mental Health Issues
The parties recognize the importance of utilizing the expertise of mental health professionals
in addressing the needs of students with behavioral and emotional difficulties in crisis
situations and agree that examination by a qualified mental health professional is the
preferred mechanism for evaluating a student experiencing a mental health crisis.
Occasionally, the public schools encounter a student in crisis who requires emergency
psychiatric treatment. The law provides for involuntary commitment of such individuals if, in
the judgment of a qualified mental health professional, the failure to hospitalize such an
individual would create a likelihood of serious harm to himself or others by reason of mental
illness. In such circumstances, the individual may be restrained while an application for
involuntary hospitalization is sought. Likewise, if a qualified mental health professional is
unavailable, the law provides that a police officer may restrain such individual and apply for
involuntary hospitalization. See M.G.L. c. 123, §12(a).
The parties therefore agree as follows:
• The school's medical personnel will initiate any requests for a Section 12 involuntary
commitment, unless there is an immediate risk of harm to the student or others in
which case the police department shall be contacted and assume responsibility for
initiating commitment proceedings
• The school will seek alternate emergency response, if available (e.g., from an
Emergency Services Program), for an immediate clinical assessment of the student in
crisis before seeking the intervention of the police department
• If intervention by the police is necessary, the school will notify the police at the
earliest possible opportunity so as to coordinate efforts, minimize disruption at
school, and maintain privacy for the student involved to the extent possible
• When an assessment of a student is made for possible involuntary commitment,
referrals for follow-up mental health services shall be made by the school's clinical
team
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VII. Data Collection and Reporting
The parties agree to collect and report data regarding school-based arrests, citations and court
referrals of students to the Department of Elementary and Secondary Education ("DESE") in
accordance with regulations promulgated by DESE pursuant to G.L. c. 71, § 37P. The parties
understand that such data will be collected and published by DESE in a disaggregated form and
made available for public view.
VIII. Effective Date and Duration of Agreement
This agreement shall be effective as of the date of signing. It should be reviewed at least annually
(before the start of the school year) and amended as necessary to meet the needs of the parties.
This agreement will remain in full force and effect until amended or until such time as either
party withdraws from the agreement by delivering written notification of such recession to the
other party.
Signed on this day of , 2018.
Edwa~l Bougillon
Superintendent of Minuteman School District
Signed on this day of ~~~ ~`~-~ ~~ , 2018. ~.
,~-r > ~
~.t
Mark Corr
Chief of Police
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APPENpIX A
ROLE OF THE OFFICE OF THE MIDDLESEX DISTRICT ATTORNEY
In the spirit of enhancing communication between the district attorney, law enforcement, and
school officials and to assist Minuteman HS inproviding a safe, secure, violence-free, and
nurturing environment for learning and in accordance with the legislative mandates set forth in
G,L. c. 12, § 32, c. 71, §§ 37H and 371/2H, among others, the Middlesex District Attorney, through
her designees, agrees to:
(1) Reporfi to the school any criminal or delinquency complaint that is issued against a
defendant or juvenile who is known to be a student of Minuteman
(2) Consult with Minuteman and the Lexington Police Department when fashioning proposed
terms and conditions to be imposed upon a known student of MHS at both the pre-
adjudica~ion and post-adjudication stages of the prosecution
(3) Report to the school any adjudication of delinquency or conviction, diversion or o~Cher
significant occurrence that arisesFrom any above crimina► or delinquency proceeding;
The Middlesex District Attorney agrees to provide training to the Middlesex District Attorney's
Office ("MDAp") staff to inform them of their roles and responsibilities under this agreement,
On an on-going basis, the same training will be provided to new staff members.
The MDAO will not disclose a student's personally identifiable information learned during and/or
in relation to a G.L. c. 12, § 32 community based Justice meeting to a third party other than
another Juvenile justice system agency and/or as provided by state and federal law.
Marian T, Ryan
Middlesex District Atfiorney
bate
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