the role of police in schools - franczek p.c. · this presentation is intended for general...

Copyright © 2017, Franczek Radelet P.C. All Rights Reserved. Disclaimer: Attorney Advertising. This presentation is a publication of Franczek Radelet P.C.

This presentation is intended for general informational purposes only and should not be construed as legal advice.

The Role of Police in Schools

Amy K. Dickerson

[email protected]

312.786.6108

Jamel A.R. Greer

[email protected]

312.786.6536

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2

Introduction

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3

Education Week Poll

Percentage of Schools with Sworn Police Officers (All U.S. Schools)

Yes

No

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4

Education Week Poll

Overall Student Enrollment (All U.S. Schools)

Caucasian

African American

Hispanic

Asian

Native American

Hawaiian

Two or More

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5

Education Week Poll

Which Students are Referred to Law Enforcement? (All U.S. Schools)

Caucasian

African American

Hispanic

Asian

Native American

Hawaiian

Two or More

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6

Education Week Poll

Which Students Get Arrested?

(All U.S. Schools)

Caucasion

African American

Hispanic

Asian

Native American

Hawaiian

Two or More

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Education Week Poll (Illinois)

14.7% of Schools have sworn police officers

Caucasian Students – 50.1% of the student population

– 26.5% of student arrests

African American Students – 17.2% of student population


Hispanic Students – 24.6% of student population


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Increase in Law Enforcement

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Around the Nation

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Role of Police in Schools Today

What is the Role of Police in Schools?

– Provide Security to school environment

– Investigate incidents on school grounds

– Conduct searches as needed

– Respond to Emergencies

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FAQs & Best Practices

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Interviews

Student A.C. was observed brandishing

what appeared to be a pocket knife at

school. The principal brought A.C. to her

office and interviewed him about the knife.

During the interview, the school’s SRO

entered the principal’s office and asked

additional questions such as: “another

student told me you took the knife from

your father’s drawer, is that true?”

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Polling Question 1

Was it okay for the SRO to enter the

interview and begin asking questions?



https://www.liveslides.com/download

https://www.polleverywhere.com/multiple_choice_polls/6B0zo15Lkw0H6fC

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SROs

School Officials vs. Non-School Officials

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Best Practice Tip

Establish protocols for SRO involvement in

interviews

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Interviews

Is it permissible for a police officer from a

local law enforcement department to

participate in the interview and ask

questions?

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Interviews

– If outside law enforcement wishes to interview

a student, school officials must first:

Verify the identity and purpose of interviewing the

student.

Make an attempt to contact the student’s parents

to obtain permission to have the interview without

the parent being present.

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Interviews

Another student did not really tell the SRO

that A.C. got the knife from his father’s

drawer. Can the SRO or school official still

say this during the interview?

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Best Practice Tip

Review interview techniques used and

training provided for staff and SRO

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Interviews

Can the principal and SRO continue to

interview the student if he refuses to be

interviewed without his parent/guardian

present?

– Technically yes, but consider whether exigent

circumstances require it

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Searches

An SRO at School District 123 broke up a

small fight between two female students.

As the students were separated, one

student B.H. yells “Just wait, I’ll get you

with my new toy after school!!!” Based on

this, the SRO promptly searches Student

B.H. and her locker for any contraband.

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Polling Question 2

Was the SRO justified in searching the

Student B.H.’s locker and her person

without notifying the school personnel?




https://www.polleverywhere.com/multiple_choice_polls/h26JLh3GnBtQc9L

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Searches

Reasonable suspicion required

Applies to SRO if acting as school official

Administrative protocols

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Searches

Is the search still proper if the dean of

discipline conducted the search instead of

the SRO?

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Searches

If the SRO finds a firearm in the student’s

locker, are they required to notify local law

enforcement?

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Searches

– Yes:105 ILCS 5/10-27.1A requires school

officials to contact local law enforcement

immediately upon observation of an individual

with a firearm on school grounds.

– This should also be included in a Reciprocal

Reporting Agreement with local law

enforcement.

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Polling Question 3

A teacher reports a student to the dean for

using a cellphone in class after repeated

warnings. Can the SRO confiscate and

search the phone?




https://www.polleverywhere.com/multiple_choice_polls/jGH0zQo0ZxMUJDD

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Searches

– Found on desk vs. on person?

– Reasonableness standard

Search must be reasonable at inception and in

scope

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Searches

Should a school official or SRO to search

a student’s cellphone if there is a

suspicion that the student is engaged in

sexting?

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Best Practice Tip

When investigating reports of

sexting:

–Confiscate cellphone and seal it

–Send to local law enforcement

–Follow up with local law

enforcement on the content of the

phone

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Contacting Law Enforcement

Several students reported to the building

principal that Student A.J. made threats

against his classmates on his social media

account. The principal promptly called the

local police department to investigate the

matter.

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Polling Question 4

Should the principal have . . .

a) Investigated the reports before calling the

police?

b) Called the student’s parent prior to

contacting the police?

c) Done exactly what the principal did?

d) A & B?




https://www.polleverywhere.com/multiple_choice_polls/67ouaUZz3SzEATe

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When to Call the Police

Is it appropriate to call the police where

the suspected student has an IEP and has

been diagnosed with a behavioral

disability?

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Use of Force

A teacher asked an SRO to escort Student C.C. to the principal’s office for making repeated jokes during the student’s resource class. The SRO grabbed the student by the arm and pulled as a signal for the student to come with the SRO. Student C.C. snatches his arm back and tells the SRO “Don’t touch me you pig!!!” The SRO responds by grabbing the neck and arm of the student, forcing him to the ground until he complies.

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Polling Question 5

Did the SRO use a permissible amount of

force?




https://www.polleverywhere.com/multiple_choice_polls/DcOZbD0Tmzt9xYT

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Use of Force

Physical restraint requirements

Permissible use of force vs. physical

restraint

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Use of Force

Is this amount of force unlawful if the

student refuse to comply, but has an IEP

for a behavioral disorder?

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Use of Force

Would it be appropriate for the SRO to use

a taser on a student who refused to

comply?

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Use of Force

– SROs should only use tasers as a last resort

option.

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Best Practice Tip

Consider including “use of force” protocols in a

memorandum of understanding with the SRO

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Best Practices

Memorandum of Understanding (MOU)

SRO Training

Reciprocal Reporting Agreement

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MOU Sample Goals

Reduce incidents of school violence

Maintain a safe and secure school

environment

Serve as a role model for students and

promote citizen awareness of the law

Establish rapport between SRO, students,

parents and faculty.

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Questions

1833428.3

THE ROLE OF POLICE IN SCHOOLS

Amy K. Dickerson & Jamel A.R. Greer

Frequently Asked Questions

I. Interviewing Students

1. Do school administrators have to notify parents or provide any other safeguards

prior to interviewing a student?

In all matters relating to the discipline and conduct of the schools and students, school

officials stand “in the relation of parents and guardians,” or in loco parentis. This

standing applies to disciplinary matters as well as non-disciplinary matters that arise

both on campus and off campus at school-sponsored events.

While school officials are charged with maintaining order and discipline in their

schools, they are generally not acting as law enforcement agents and thus, are not

required to administer Miranda warnings before questioning students. When a school

official is not acting under the direction of the police, Miranda warnings do not apply.

School officials also do not need to seek parental consent or notify parents prior to

questioning a student. When acting under the direction of the police, however schools

officials are required to obtain a parent’s or guardian’s permission before questioning

a student and the requirements for Miranda warnings may apply. When Miranda

requirements do apply, law enforcement officials, not school officials, should

administer the Miranda warnings.

2. Are school administrators or school resource officers required to notify parents

before a school resource officer (SRO) participates in or conducts an interview of a

student?

Police officers who are at schools to aid the administration in maintaining a safe

educational environment are considered school officials, even if a student ultimately

faces criminal charges as a result of the student’s conduct.

Thus, when SROs act on their own initiative and authority to further a proper

educational environment at the school or at the request of school personnel (as

opposed to doing so at the request of outside law enforcement), SROs who are

investigating a school related incident or any incident which may have potential

consequences for the safety of the students or employees at the school may interview

students without first obtaining permission from parents/guardians.

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Incidents which may have potential consequences for the safety of students or school

employees include:

Fights between students that might result in retaliation at school;

Threats made by a student against another student or employee at the

school;

Gang related offenses such as assault, battery and intimidation;

Possessing drugs or weapons while on school property.

3. When should an SRO participate in an interview of a student?

Whether an SRO participates in an interview of a student is up to the school district.

Many districts prepare guidelines for administrators and SROs identifying the types

of interviews in which SROs may participate. Typically, an SRO should be involved

in an interview when the SRO was a witness to the incident which prompted the

interview or the SRO has information pertinent to the interview to assist the school

official. The SRO also may be involved in an interview where there are potential

consequences for the safety of students or school employees as described above.

4. Are there special protocols that school administrators or SROs must follow prior to

allowing an SRO to interview a student?

So long as SROs are acting to maintain a safe educational environment (as opposed to

at the direction of outside law enforcement), they are considered school officials and

do not need to follow any special procedures or notifications with students prior to

conducting an interview. Still, it is a best practice for a school district and the SRO to

have an agreed procedure set in place that addresses any administrative protocols that

the District wants the SRO to follow prior to interviewing a student. For example, the

school district may require the SRO to discuss the interview with the building

principal and together make a decision regarding whether the SRO should interview

the student alone or in the presence of a school official.

5. How should school administrators respond if an outside law enforcement agency

visits the school and requests to interview a student on school grounds?

Generally, interviews of students by outside law enforcement regarding non-school

related matters should take place outside of school grounds and after school hours,

unless extenuating circumstances exist (e.g. preventing destruction of evidence of a

serious crime or preventing flight from the jurisdiction by a student suspected of

serious criminal activity).

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If outside law enforcement requests to interview a student regarding a school-related

incident, the following protocol should be followed:

Designate a school official to receive requests from law enforcement to

interview a student and document such requests in writing. This request

should verify the identity of the officer (by photocopying the police

officer’s identification card) as well as the purpose of the interview.

The designated school official should attempt to contact the

parents/guardians of the student to provide notice of the requested

interview and to obtain permission for the interview to go forward without

the parent/guardian present. Each attempt to contact parents/guardians

should be documented.

If the parent/guardian wishes to be present while their student is

interviewed, the interview should be delayed, absent exigent

circumstances (e.g. imminent danger to the student or others; destruction

of evidence; parents/guardians are also suspects).

If the student refuses to speak to law enforcement authorities, the

interview may not proceed on school grounds.

All interviews should be conducted in private to avoid disrupting school

activities and protect student privacy, unless circumstances justify other

action.

If the interview is conducted without a parent, the law enforcement must

inform the student that a school district official may be present during the

interview if the student makes such a request.

If the student in question is a witness, but not a suspect, school officials

may, but are not required to notify and obtain permission to interview the

student without the parent/guardian present. However, if the student

becomes a suspect in the course of the interview, the school official should

(upon notice) end the interview until consent is obtained by the parent

(unless exigent circumstances exist).

School officials should document all interviews in writing.

6. Are school district personnel required to notify parents before their student is

arrested by outside law enforcement?

No. School district personnel are required to cooperate with law enforcement

if they see fit to arrest a student (either by way of a warrant or probable cause

that the student has committed crime).

1833428.3

If a student is arrested at school, law enforcement should do so in a manner

that minimizes disruption to the school environment. Law enforcement

officials should make a reasonable attempt to notify the parent of the arrest

and where the student will be taken. School district personnel should also

attempt to notify parents of the arrest.

II. Searches & Seizures

1. When can a school district employee conduct a search of a student without police or

SRO involvement?

Searches of a student’s person or personal effects on the person must be based on a

“reasonable suspicion” that the student violated a school rule or law. School officials

do not need to have “probable cause” or have a warrant to conduct searches of

students.

Section 22.6 of the School Code provides that school authorities may inspect and

search places and areas such as lockers, desks, parking lots, and other school property

and equipment owned or controlled by the school, as well as personal effects left in

those places without the need for reasonable suspicion. The General Assembly found

that students have no reasonable expectation of privacy in these areas.

Searches are reasonable if 1) there are reasonable grounds for suspecting that the

search will lead to evidence that a student violated the law/ rules of the school or is in

imminent danger of injuring themselves or another person on school grounds; and 2)

if the scope of the search is reasonably related to the objectives of the search and not

excessively intrusive of the age/sex/race of the student and the nature of the

infraction.

2. Do these standards apply if an SRO conducts the search?

When a search or seizure is initiated and conducted by school officials alone, or when

police involvement is minimal, the reasonableness standard (described above)

applies. The reasonableness standard also applies to a search or seizure conducted by

an SRO on his or her own initiative (not at the direction of a law enforcement agency)

to further educationally related goals, such as safety of students or maintaining order

and discipline in schools. Where “outside” police officers initiate the search or

seizure of a student for investigative purposes, they must meet the higher “probable

cause” standard. Warrant requirements may also apply. Additionally, SROs

undertaking investigations independent of their duties to further educationally related

1833428.3

goals who are not acting in conjunction with school officials would not be considered

a “school official” in such context and also would have to meet the higher “probable

cause” standard.

3. When should school administrators ask an SRO to conduct a search on school

grounds?

While not required, section 22.10(a) of the School Code empowers school boards to

adopt a policy to authorize school officials to request the assistance of law

enforcement officials for the purpose of conducting reasonable searches on school

grounds for illegal drugs. It is also appropriate to ask an SRO to conduct a search

where there is a reasonable suspicion that a student has a weapon in their possession,

or that the safety of the school environment is at risk.

4. If we suspect illegal drugs or other contraband, can we request that law

enforcement conduct a canine search?

o Yes, but the search should be limited to the student’s property, not the student’s

person. There also must be an individualized suspicion that the student engaged in

illegal conduct in order to prevent a 4th

amendment violation for an unreasonable

search.

5. Should school administrators involve law enforcement or an SRO anytime they are

searching a student’s cell phone, PDA or laptop?

Generally, school administrators do not have to involve law enforcement or an SRO

when searching a cell phone, but it is a best practice to do so when searching a cell

phone for evidence of sexting or in other circumstances where school administrators

expect to uncover explicit photos during a search.

o Cell phone/PDA/laptop found in common area: Searches of cell phones,

PDA or laptops found in common areas (as opposed to being on a student’s

person) are probably allowable even without reasonable suspicion in light of

the School Code’s broad language that school authorities may inspect and

search places and areas such as lockers, desks, parking lots, and other school

property and equipment owned or controlled by the school (as well as

personal effects left in those places and areas by students, without notice to or

the consent of the student, and without a search warrant). As a matter of

public policy, the General Assembly finds that students have no reasonable

expectation of privacy in these places and areas or in their personal effects left

1833428.3

in these places and areas. However, because there may be an expectation of

privacy in a cell phone that is greater than in other personal effects left in

lockers and other school properties, searches of cell phones may be subject to

Fourth Amendment challenges.

o Cell phone/PDA/laptop on a student’s person, book bag, purse, etc.: For

searches of a cell phone, PDA or laptop on a student/s person, book bag or

purse, “reasonable suspicion” is required.

o Searches for evidence of sexting:

When conducting a search for evidence of sexting, our recommended

best practice is to confiscate the phone, seal it in an envelope and

deliver it to the police to have them conduct the search. Thereafter,

school district personnel may follow up with local law enforcement

regarding the information found on the phone.

If during a search for other types of evidence, evidence of sexting is

uncovered, school district personnel should promptly stop the search,

seal the phone and turn it over to law enforcement for them to conduct

the search, and comply with all mandated reporting requirements.

III. Exchange of Information

1. Should our school district have any types of memoranda of understanding with our

local law enforcement agency addressing the relationship between the District and

our SRO?

Section 10- 20.14 of the School Code requires the school district’s parent-teacher

advisory committee to cooperate with local law enforcement to establish and develop

a reciprocal reporting system between the school district and the law enforcement

agencies. The School Code also encourages school districts to enter into a

memorandum of understanding (MOU) with the local police department before an

SRO is hired. 105 ILCS 5/10-20.14(c).1

Within the MOU you can define the role of

the SRO in accordance with the school code and specifics that will guide the SRO in

their objectives as well as the manner in which they should be carried out.

1 The School Code also requires school districts to make reasonable efforts to provide ongoing professional development to school faculty, staff and SROs on the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, and developmentally appropriate disciplinary methods that promote positive and healthy school climates. 105 ILCS 5/10-22.6(c).

1833428.3

2. What information are we required to share with outside law enforcement regarding

incidents that take place on school grounds?

The reciprocal reporting agreement will include the information that will be shared,

the conditions under which the information will be shared, and the protocol for

communicating this information. Information may only be shared if permitted by the

School’s reciprocal reporting agreement or the Illinois School Student Records Act.

Administrators should contact legal counsel prior to sharing records with any outside

agency.

Any school official who observes an individual in the possession of firearm on school

grounds must immediately notify the principal of the school. Upon notification, the

principal (or his/her designee) must immediately report the observation to the local

law enforcement. If the individual in question is a student, the parents of the student

must also be notified immediately. 105 ILCS 5/10-27.1A.

Clear and Present Danger Reporting: All principals of public elementary and

secondary schools, or their designees, must report to the Illinois Department of State

Police when a student is determined to pose a “clear and present danger” to himself,

herself, or to others. This report must be made within 24 hours of such a

determination. 430 ILCS 66/105. A person poses a “clear and present danger” when

he or she:

o (1) demonstrates threatening physical or verbal behavior, such as violent,

suicidal, or assaultive threats, actions, or other behavior, as determined by a

physician, clinical psychologist, qualified examiner, school administrator, or

law enforcement official; or

o (2) communicates a serious threat of physical violence against a reasonably

identifiable victim or poses a clear and imminent risk of serious physical

injury to himself, herself, or another person as determined by a physician,

clinical psychologist, or qualified examiner. 430 ILCS 65/1.1.

o School officials must make this determination on an individual basis, taking

into consideration the student’s age, history, mental condition, and typical

developmental characteristics for a student of a similar age.

3. What information are we entitled to receive from outside law enforcement?

o As noted above, the reciprocal reporting agreement will include the information

that will be shared, the conditions under which the information will be shared, and

the protocol for communicating this information.

1833428.3

o All courts and law enforcement agencies in Illinois are required to report to the

principal of the school where a student resides any time a student is detained for

proceedings under the Juvenile Court Act, or any criminal offense (including

illegal gang activity or a violation of a municipal or county ordinance). Please

note, this information is not to become a part of the student’s official school

record and can only be used by school officials who have a legitimate educational

or safety interest to aid in the rehabilitation of the student and to protect the safety

of other students and employees of the school. 105 ILCS 5/22-20.

the role of police in schools - franczek p.c. · this presentation is intended for general...

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