dora dome sro complete handout

GETTING MORE BANG FOR YOUR BUCK: GUIDELINES FOR THE CREATIVE AND EFFECTIVE UTILIZATION OF SCHOOL

RESOURCES OFFICERS

January 15, 2014 2:00PM – 3:30PM

2014 ACSA Every Child Counts Symposium

Monterey, CA

Presented by: Dora J. Dome, Esq.

This activity is approved for 1.5 hours of MCLE General Credit

Dora J. Dome Biography Dora J. Dome has practiced Education Law for over 17 years, primarily in the areas of student issues and special education. She currently provides legal representation to school districts on student issues, and has renewed her emphasis on developing and conducting professional development trainings for district staff that focus on Bullying, Equity and Legal Compliance in a proactive effort to build staff capacity to address the changing needs of their students. Ms. Dome’s work with Bullying focuses on helping school districts create the necessary infrastructure to identify and address bullying in schools and to provide staff with effective strategies to respond to various forms of bullying and harassment. Her Equity trainings examine diversity and equity issues facing school districts such as examining stereotypes that impact attitudes and behavior of staff and students, identifying the harmful effects of stereotypes within the school setting, and coaching staff to develop skills to identify, interrupt and prevent discriminatory behavior. Ms. Dome’s legal compliance trainings provide up-to-date information and guidance on how to ’stay legal’ in the areas of special education, student discipline and Section 504. Admitted to the Hawaii State Bar in 1996, Ms. Dome served as a special education consultant and trainer for the Hawaii State Department of Education and Hawaii State Department of Health for five years. Ms. Dome was admitted to the California Bar in 2003. She worked with the education law firm of Dannis Woliver Kelley, (fka Miller Brown and Dannis) for eight years. Ms. Dome has studied in the areas of Race and Ethnicity, Critical Legal Studies and Critical Race Theory and has been certified as a Cultural Diversity Trainer by the National Coalition Building Institute (aka NCBI). She has developed and conducted trainings for numerous school districts and school boards in the areas of student diversity and equity, student and special education discipline, harassment/discrimination, bullying, special education, No Child Left Behind, alternative assessments for African American students, Section 504, and student records. Ms. Dome also regularly presents at association conferences such as ACSA, CSBA and CASCWA. She also participated on the Gay & Lesbian Athletics Foundations (aka GLAF) Keynote Panel on “Race and Racism in LGBT Athletics” and presented at the NCAA Black Coaches Association Annual Conference on “Homophobia in Sports.” She graduated from University of Hawaii, Richardson School of Law (J.D.) and from University of California, Los Angeles (B.A.). Ms. Dome is an Adjunct Professor at Mills College and a Lecturer at the University of California at Berkeley, teaching Education Law and Policy in the administrative credential programs for soon to be administrators.

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© 2014 DORA DOME LAW 1

© 2014 DORA DOME LAW p. 1

GETTING MORE BANG FOR YOUR BUCK: GUIDELINES FOR THE CREATIVE AND EFFECTIVE UTILIZATION OF SCHOOL RESOURCES OFFICERS

January 15, 2014 2:00PM – 3:30PM

2014 ACSA Every Child Counts Symposium

PRESENTED BY: Dora Dome, Esq.

This activity is approved for 1.5 hours of MCLE General Credit


CIVIL RIGHTS DATA COLLECTION - 2012


CIVIL RIGHTS DATA COLLECTION - 2012

Arrests and Referrals to Law Enforcement

Referrals Arrests Hispanic 29% 37% Asian/PI 3% 5% White 25% 21% African American 42% 35% Native American 1% 1%

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IMPACT

§  Being arrested has detrimental psychological effects on the child; – Nearly doubles the odds of dropping out of

school, and, if coupled with a court appearance, nearly quadruples the odds of dropout;

– Lowers standardized test scores; – Reduces future employment prospects; and –  Increases the likelihood of future interaction

with the criminal justice system.


SRO’S IN SCHOOLS

§  “One [of] the most frequent and destructive mistakes many SRO programs make is to fail to define the SROs’ roles and responsibilities in detail before --- or even after --- the officers take up their posts in schools. When programs fail to do this, problems are often rampant in the beginning of the program --- and often persist for months and even years.”

FINN ET AL., supra note 2, at 23; see also AM. CIVIL LIBERTIES UNION, HARD LESSONS: SCHOOL RESOURCE OFFICER PROGRAMS AND SCHOOL-BASED ARRESTS IN THREE CONNECTICUT TOWNS 18-20 (2008) (describing confusion between school officials and police on the role of SROs).


AB 549

§  Ed. Code 32282.1 –  “As comprehensive safety plans are reviewed

and updated, the legislature encourages all plans, to the extent that resources are available, to include clear guidelines for the roles and responsibilities of mental health professionals, community intervention professionals, school counselors, school resource officers, and police officers on school campus,…”

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POLICE IN SCHOOLS


POLICY/PRACTICE

§  Provide clear policy guidelines for the presence of law enforcement personnel on campus.

§  Limit the use of School Resource Officers or other law enforcement interventions to emergency situations

Source: ACLU-NC, Discipline in California Schools: Legal Requirements and Positive School Environments, 2010


CHILDREN AND THE 4TH AMENDMENT

§  Protected from unlawful search and seizure §  Right not to be subject to a custodial

investigation unless: –  the law enforcement officer has a warrant or

court order, – exigent circumstances, or –  the person consents.

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CHILDREN AND THE 5TH AMENDMENT

§  Right to remain silent §  “Totality of the circumstances” to determine

whether or not a child validly invoked their right to remain silent. People v. Lessie, 47 Cal. 4th 1152 (2010)

–  “‘[w]here the age and experience of a juvenile indicate that his request for his probation officer or his parents is, in fact, an invocation of his right to remain silent, the totality approach will allow the court the necessary flexibility to take this into account in making a waiver determination.’” Id. at 1166 (citing Fare).


INTERVIEWS – SUSPECTED CHILD ABUSE

§  A suspected victim of child abuse or neglect may be interviewed during school hours, on school premises, concerning a report of suspected child abuse or neglect that occurred within the child's home or out-of-home care facility. The child shall be afforded the option of being interviewed in private or selecting any adult who is a member of the staff of the school, including any certificated or classified employee or volunteer aide, to be present at the interview. A representative of the agency investigating suspected child abuse or neglect or the State Department of Social Services shall inform the child of that right prior to the interview. Cal. Pen. Code § 11174.3(a) (emphasis added).


INTERVIEWS – SCHOOL RELATED ACTIVITIES

§  If the incident relates to an on-campus or school-related incident, the following guidelines should be followed: – Site administration conducts their own

investigation. – Consider if the school administration can

complete their investigation prior to the involvement of law enforcement.

–  If not, why not? (Is this an emergency situation?)

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§  Note: School officials should not have law enforcement officers undertake duties usually performed by administrators, i.e. conducting an investigation or collecting evidence for an expulsion hearing.



–  If the officer states that he must proceed with the investigation (prior to the school’s investigation being completed), then allow the officer to discharge his duties on campus. Ask the officer:

•  “When will the child’s parent be notified about the interview; prior to the interview or after…what is your protocol?”

– Advise the officer that you are requesting to sit-in on the interview (take notes, support child; do not interview!).



– Verify with the officer that the child has the right against self-incrimination during the interview process.

–  If the parent has not been contacted prior to the interview, at the conclusion of the interview, ask the officer:

•  “Who will contact the parent regarding the interview?”

•  “When will that contact be made?”

§  The school will still need to conduct their own investigation.

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REMOVAL FROM CAMPUS

§  If the officer states that he is taking the student off-campus: – Advise the officer that as administrator, you

are required (per Ed Code 48906*) to take immediate steps to notify the parent or guardian of the student regarding the release of the student to the officer, and where the student has been taken by the officer (except when taken into protective custody due to suspected child abuse).


INTERVIEWS – UNRELATED ACTIVITIES

§  Ask the officer, “Is this investigation related to a school incident?” –  If not school-related, say, “I would prefer that

you speak to the student outside of the school day (outside of the school’s jurisdiction). Are you able to do that?”

–  If the officer says, “Yes”, then no interview takes place at that time.


INTERVIEWS – UNRELATED ACTIVITIES

–  If the officer says, “No”, then allow the officer to discharge his duties on campus. Ask the officer:

•  “When will the child’s parent be notified about the interview; prior to the interview or after…what is your protocol?”

•  Advise the officer that you are requesting to sit-in on the interview (take notes, support child; do not interview!).

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INTERVIEWS – UNRELATED ACTIVITIES •  Verify with the officer that the child has the right

against self-incrimination during the interview process.

•  If the parent has not been contacted prior to the interview, at the conclusion of the interview, ask the officer:

»  “Who will contact the parent regarding the interview?”

»  “When will that contact be made?”


REQUIRED POLICE NOTIFICATION

§  Before suspension or expulsion: – Any person who commits an assault upon the

person of another with a deadly weapon, a firearm, or by any means of force likely to produce great bodily injury. CA Penal Code 245

§  Within 1 school day after suspension or expulsion: – 48900 (c) – drugs – 48900 (d) – imitation controlled substance,

alcohol, or intoxicant. Ed Code 48902(a) & (b)



§  No timeline stated: – Possession or sale of narcotics or controlled

substance – Possession of a firearm in a school zone. CA

Penal Code 626.9

Ed Code 48902(c)

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§  No timeline stated: –  Brings or possesses any dirk, dagger, ice pick, knife

having a blade longer than 2 1/2 inches, folding knife with a blade that locks into place, razor with an unguarded blade, taser, or stun gun, as defined in subdivision (a) of Section 244.5, any instrument that expels a metallic projectile such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun. CA Penal Code 626.10

Ed Code 48902(c)



§  No timeline stated: –  Possession of a firearm. Ed Code 48915(c)(1)

–  Possession of an explosive. Ed Code 48915(c)(5) Ed Code 48902(c)

§  Promptly report: – Attack, assaulted, or physical threat by a

pupil, against an employee of the school district.

Ed Code 44014


BASIC PREMISE

§  Children will not be subject to formal law enforcement intervention --- whether that intervention take the form of an issuance of a criminal citation, ticket, or summons, filing of a delinquency petition, referral to a probation officer, or an actual arrest --- for ordinary school discipline issues

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PROACTIVE UTILIZATION OF SRO’s

§  Family relationship building –  Face to face meetings with parent(s)/guardian –  Establish genuine concern for the student –  Help develop parent buy-in for follow through at

home. –  Establish procedure to call one parent guardian

proactively when problems are arise to intervene before bad decisions are made (e.g. Gang associates or drama provokers)



§  Diversion consequences at school (Junior high/middle school grades) –  Principal or AP collaborate with SRO on community

service at school in lieu of police action (often can be more grueling for students)

§  Work to discover root issue that can be addressed (instead of continually fighting symptoms which often lead to criminal acts) –  Determine resource to start resolving root issue



§  Student relationship building –  SRO maintain professionalism of higher standard to act

as role model even during arrest situations positive face of law enforcement (***e.g. best positive relationships are many times with those students who are arrested)

–  Check in with at-risk students to help prevent incidents by using grave consequence reminders

–  Know the students- be visible and interested in knowing more about individuals

–  Allow students to suggest consequence in exchange for no arrest with promise for no future criminal acts (negotiation to gain compliance by empowering student)

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§  Be proactive – – Anticipate problems – Work with counselors, deans, and/or assistant

principals to remove at risk students from situations and potential situations that may provoke destructive decision making

– Enforcing lower level school violations reduces more egregious violations and crimes



§  Know the school and community resources that are available – PBIS – Substance abuse programs – Mental Health supports – Community Based Programs

§  Incorporate into School Community – Conduct assemblies – Teach classes to at risk groups – Provide Parenting workshops


GUIDELINES SHOULD…

§  Distinguish between disciplinary misconduct to be handled by school officials and criminal offenses to be handled by law enforcement;

§  Respects the rights of children in school; §  Ensures transparency and accountability; §  Defines the role of SROs within the context of

the educational mission of schools; §  Provides minimum training requirements; and §  Promotes non-punitive approaches to student

behavior.

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THANK YOU!

Dora Dome Law 610 16th Street, Suite 305 Oakland, California 94612

510.464.DOME (3663) office 510.301.6667 cellular 510.291.9599 fax [email protected] e-‐mail www.doradomelaw.com web

[NAME] UNIFIED SCHOOL DISTRICT School: _____________________________

LAW ENFORCEMENT STUDENT QUESTIONING FORM Date: Student Name: Law Enforcement Officer Name: § Agency § Badge/Identification No. § Basis of Authority

Reason for Questioning: Arrival Time Time of Questioning Time of Departure Did student ask for parent/guardian or other adult to be present? Yes No Did the principal/designee ask officer for permission to contact the parent/guardian prior to the student being questioned? Yes No

§ Did officer grant permission? Yes No If permission granted, Name of parent/guardian contacted:

§ By whom: § Time: § If no answer, what follow up was done? § What did the parent tell the principal/designee?

Did the principal/designee ask to remain in room during questioning? Yes No § Did officer grant permission? Yes No § If not, what was the reason given?

_________________________________________________ _____________________________ Principal/Designee Signature Date

Model Language on Students’ Rights

• Absent a real and immediate threat to student, teacher, or public safety, a School Resource Officer may conduct or participate in a search of a student’s person, possessions, or locker only where there is probable cause to believe that the search will turn up evidence that the child has committed or is committing a criminal offense.

• The SRO shall inform school administrators prior to conducting a probable cause

search where practicable.

• The SRO shall not ask school officials to search a student’s person, possessions, or locker in an effort to circumvent these protections.

• A school official may conduct a search of a student’s person, possessions, or locker only where

there is reasonable suspicion to believe that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school, and the search is justified in scope given such suspicion.

• Absent a real and immediate threat to student, teacher, or public safety, a school official

shall not ask a SRO to be present or participate in such a search.

• Absent a real and immediate threat to student, teacher, or public safety, a SRO may question or participate in the questioning of a student about conduct that could expose the child to court-involvement or arrest only after informing the child of his or her Miranda rights and only in the presence of the child’s parent or guardian.

• The SRO shall inform school administrators prior to questioning the student where practicable.

• The SRO shall not ask a school official to question a student in an effort to circumvent these protections.

• Absent a real and immediate threat to student, teacher, or public safety, a school official shall not ask a SRO to be present or participate in the questioning of a student that could expose the student to court-involvement or arrest.

• Strip searches of children by either school officials or SROs shall be prohibited.

• Absent a real and immediate threat to student, teacher, or public safety, other physically invasive

searches by a school official or SRO shall not be conducted on a child.

• Absent a real and immediate threat to student, teacher, or public safety, a SRO shall not use physical force or restraints --- including handcuffs, Tasers, Mace, or other physical or chemical restraints --- on a child.

Model Language on Transparency and Accountability • The school district and relevant law enforcement agency shall maintain annual publicly

available data, without disclosing personally identifiable information, documenting the following:

• Number of incidents resulting in a juvenile arrest for conduct on school grounds or at a

school-sponsored event, broken down by school; offense; arrestee’s age, grade level, race, sex, and disability status; and disposition/result;

• Number of incidents resulting in other forms of law enforcement intervention --- including

searches and seizures by SROs; questioning by SROs; issuance of a criminal citation, ticket, or summons; filing of a delinquency petition; and referral to a probation officer --- for juvenile conduct on school grounds or at a school sponsored event, broken down by school; offense or reason; type of law enforcement intervention; juvenile’s age, grade level, race, sex, and disability status; and disposition/result;

• Number of suspensions or other disciplinary consequences imposed on students, broken

down by school; offense/infraction; student’s age, grade level, race, sex, and disability status; and disciplinary consequence imposed;

• Regulations, policies, and protocols governing the SRO program;

• Budget information for the SRO program including funding and expenditures;

• Number of SROs deployed to each school;

• Training materials for SROs; and

• Number and types of complaints lodged against SROs.

• The SRO program shall set forth a simple and straightforward mechanism for any student, parent, teacher, principal, or other school administrator to submit a complaint, orally or in writing, of abuses or misconduct by SROs.

• Parents shall be permitted to submit a complaint in their native language.

• The complaint system must be confidential and protect the identity of the

complainant from the SRO to the extent consistent with the SRO’s due process rights.

• The system shall provide for an independent investigation into the allegations in

the complaint.

• Complaints shall be investigated and resolved, and complainants shall be

furnished with a written explanation of the investigation and resolution, within 30 days.

• Where serious allegations of abuse or misconduct are raised, the SRO shall be

temporarily removed from having contact with students as appropriate.

• Where allegations of abuse or misconduct are substantiated, the SRO shall be suspended or permanently removed from school assignments or receive additional training as appropriate.

• Every student, parent, and guardian in the school system shall be informed of the

complaint procedure.

Model Language on Defining the Role of the SRO in the Context of the Educational Mission of Schools

• The mission of the School Resource Officer program is to improve school safety and the educational climate at the school, not to enforce school discipline or punish students.

• Building-level school administrators shall be consulted as to whether a SRO will be

deployed to the school and shall participate in periodic performance reviews of the SRO.

• The SRO shall meet with building-level school administrators, teachers, parents, and student representatives at least annually to discuss issues of school safety.

• The SRO shall be integrated into the school community through participation in faculty

and student meetings and assemblies as appropriate.

• The SRO shall maintain daily activity reports and submit monthly summaries of these reports to building-level school administrators, district-level school administrators, and the relevant law enforcement agency. The monthly summaries shall include, for each SRO, the numbers and descriptions of all incidents or calls for service; names of school officials involved (referring teachers, principals, etc.); student searches; student questioning; tickets, citations, or summonses; filing of delinquency petitions; referrals to a probation officer; actual arrests; and other referrals to the juvenile justice system.

• Absent a real and immediate threat to student, teacher, or school safety, and absent the

situations described above where formal law enforcement intervention is deemed appropriate, building-level school administrators shall have final authority in the building.

Model Language on Minimum Training Requirements

• Every School Resource Officer shall receive at least 40 hours of pre-service training and 10 hours of annual in-service training on the following topics:

o Child and adolescent development and psychology; o Positive behavioral interventions and supports (PBIS), conflict resolution, peer

mediation, or other restorative justice techniques; o Children with disabilities or other special needs; and o Cultural competency.

Model Language on Promoting Non-Punitive Approaches to Student Behavior

• The School Resource Officer shall be familiar with and trained in all programs adopting non-punitive approaches to discipline available in the school district. If a school has implemented a specific program designed to improve overall school climate or respond to student behaviors in specific ways, the SRO shall participate in all trainings associated with that program.