Uniform State Memorandum of Agreement Between Law Enforcement

Uniform State Memorandum of Agreement Between Education and Law Enforcement • 2019 Revisions Issued January 8, 2019 • Predecessor Agreements – 1988 - Initial Model Agreement – Alcohol and Drug Issues in the Schools; Statewide Narcotics Action Plan (SNAP) – 1992, 1999 – Evolving Alcohol and Drug problems, firearms and weapons – 2007 – School Safety and Security, HIB, Hazing, Gangs, Computer Crimes, Station House Adjustments, Child Abuse Reporting, School Law Enforcement Units ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement • Predecessor Agreements – 2011 – Anti –Bullying Bill of Rights Act, Bias Crimes and Bias Incidents, Assistance to Attendance Officers Handling Truancy Matters – 2015 – Overdose Prevention Act, Cyber. Harassment ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement MOA Highlights • Uniform MOA – Free to add local provisions; may not remove or alter provisions of MOA. • Private Services – School districts which enter into contracts with private vendors must make those vendors aware of the revised MOA and that it applies to the vendors; bus companies, custodians, cafeteria services, substitute services. Vendors must report. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement MOA Highlights • Annual Review Process – N. J. A. C. 6 A: 166. 2(b)14, Appendix B • Mandatory Reports to Law Enforcement – Appendix C ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement 2019 MOA Revisions - Philosophy • USDOE Office of Civil Rights Data – Students of color and students with disabilities referred to law enforcement at a disproportionate rate than white students nationwide. • Students who come in contact with the juvenile justice system, via arrest or court involvement, are more likely to drop out of school, not attend college and be incarcerated. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement 2019 MOA Revisions - Philosophy • New Jersey Juvenile Justice Commission study of school-based referrals to law enforcement (2015 -2016); 76% of all school-based referrals were for low level offenses (4 thdegree / disorderly persons). • Concern with disproportionality and how a student’s school-based arrest and subsequent court involvement may negatively impact him or her. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement 2019 MOA Revisions – Intent • Clarify the difference between mandatory and nonmandatory reports to law enforcement • Acknowledge the collaborative efforts of schools and law enforcement and highlight the necessity of these relationships. • Intended to assist school district officials and law enforcement in their understanding of how to best support youth who commit minor offenses at school and encourage partnerships between schools and law enforcement. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Annual Review Guidelines – Appendix B • Annual review requires board of education president, chief school administrator, executive county superintendent of schools, chief of police and county prosecutor to meet each year and – Review the MOA – Discuss the implementation of the MOA – Sign the MOA ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Annual Review Guidelines – Focus • Which acts are mandatory reports to law enforcement and which acts are nonmandatory reports to law enforcement • Process by which schools may consult with law enforcement to discuss an incident, report an act in school and obtain informal guidance about concerns ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Annual Review Guidelines – Focus • How law enforcement will respond to such calls • Process by which law enforcement may call schools to report an act outside school • How schools will respond to such calls • Reports to law enforcement are required to be reported through the Student Safety Data System; consultations need not be reported ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement • • • Student Safety Data System (SSDS) Combines and Replaces EVVRS and HIB https: //homeroom 4. doe. state. nj. us/ssds/ SSDS Guidance 2018 -19 Incident Report Form Incident reports include violence, vandalism, weapons offenses, substance offenses, HIB Location - on school grounds, in school building, at school entrance, outside of school building, off school grounds (HIB only), both on and off school grounds ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Student Safety Data System (SSDS) Combines and Replaces EVVRS and HIB Violence and Vandalism in the Schools Report 2016 -2017 • Total Number of EVVRS Incidents Reported – – 2010 -2011 – 17, 386 2012 -2013 – 21, 170 2014 -2015 – 18, 332 2016 -2017 – 19, 795 2011 -2012 – 26, 139 2013 -2014 – 19, 167 2015 -2016 – 19, 181 • Number of confirmed HIB incidents – 2011 -2012 - 12, 024 2012 -2013 – 7, 740 – 2013 -2014 – 6, 515 2014 -2015 – 6, 214 – 2015 -2016 – 5, 995 2016 -2017 – 6, 419 ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Student Safety Data System (SSDS) Combines and Replaces EVVRS and HIB Violence and Vandalism in the Schools Report 2016 -2017 • Number of HIB Investigations – 2011 -2012 - 35, 552 2012 -2013 – 21, 934 – 2013 -2014 – 19, 781 2014 -2015 – 18, 635 – 2015 -2016 – 17, 650 2016 -2017 – 18, 235 • Number of confirmed HIB incidents – 2011 -2012 - 12, 024 2012 -2013 – 7, 740 – 2013 -2014 – 6, 515 2014 -2015 – 6, 214 – 2015 -2016 – 5, 995 2016 -2017 – 6, 419 ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Mandatory Report Offenses • Controlled and Dangerous Substances – school employee in the course of his/her employment has reason to believe that student is in possession of a CDS or related paraphernalia or involved or implicated in CDS distribution. • Firearms and Dangerous Weapons – school employee in the course of his/her employment has reason to believe that a firearm or other dangerous weapon has unlawfully been possessed on or off school grounds, a weapon was used in an assault against a student or other school personnel, or … ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Mandatory Report Offenses • …that a student or other person has committed an offense, with, or while in the possession of a firearm, whether or not such offense was committed on school grounds or during school operating hours. • Planned or Threatened Violence – school employee in the course of his/her employment has reason to believe that anyone has threatened, is planning, or otherwise intends to cause death, serious bodily injury or significant bodily injury to another person under circumstances where a reasonable person would believe that person genuinely intends to commit the violent act or carry out the threat. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Mandatory Report Offenses • Sexual Offenses – school employee in the course of his/her employment has reason to believe that a crime involving sexual penetration or criminal sexual contact has been committed on school grounds, or by or against a student during school operating hours or during school-related functions or activities. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Mandatory Report Offenses • Assaults on District Board of Education Members or Employees – School employee in the course of his/her employment develops reason to believe that an assault upon a teacher, administrator other school board employee or district board of education member has been committed, with or without a weapon • Assault - A person attempts to cause or purposely, knowingly or recklessly causes bodily injury to another • Assault on a board of education member or employee – aggravated assault. • ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Mandatory Report Offenses • Bias-Related Incidents – school employee in the course of his/her employment develops reason to believe that a “bias-related act” has been committed or is about to be committed on or off school grounds. • Potentially Missing, Abused or Neglected Children – school employee in the course of his/her employment develops reason to believe a student is potentially missing, abused or neglected. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Non - Mandatory Report Offenses • DOE encourages school officials to refer to the code of student conduct and provide a graduated response for misconduct that provides a continuum of actions designed to remediate and impose more severe sanctions for continued misbehavior before referring the incident to law enforcement. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Non - Mandatory Report Offenses • In deciding whether to refer the matter to law enforcement, the principal of the school or his/her designee should consider the nature and seriousness of the offense and the risk that the offense posed to the health and safety of other students, school employees or the general public and must be mindful that offenses committed on school grounds may lead to an escalation of violence or retaliation that may occur on school grounds or other locations. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Non - Mandatory Report Offenses • Law enforcement response – prompt response by telephone or in person, and when appropriate, discuss with the school official whether further action is needed before contacting or involving the student. If probable cause exists, law enforcement will handle in accordance with juvenile matter procedures. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Non - Mandatory Report Offenses • Station House Adjustments – An alternative method that law enforcement agencies may use to handle first time juvenile offenders who have committed minor juvenile delinquency offenses within their jurisdiction. Use of station house adjustments is discretionary and not required. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Non - Mandatory Report Offenses • The intent of station house adjustments is to provide for immediate consequences, such as community service or restitution, and a prompt and convenient resolution for the victim, while at the same time benefitting the juvenile by avoiding the stigma of a formal juvenile record. This early intervention can deter youth from continuing negative behavior and progressing further into the juvenile system. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Non - Mandatory Report Offenses • Station house adjustments should be employed whenever appropriate to avoid the stigma of a formal juvenile delinquency record. When considering whether to report an offense to law enforcement, schools should ensure that all available school resources and sanctions are employed prior to making the report. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Non - Mandatory Report Offenses • The following incidents are non-mandatory report offenses unless the conduct rises to the level of a mandatory report. Consultation with law enforcement is encouraged. – HIB, Hazing, Cyber – Harassment, Sexting – Students deemed under the influence, Electronic smoking devices – Unauthorized access to school networks – Blogging and Free Speech Issues ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Live Streaming Video – N. J. S. A. 18 A: 41 -9 • If at least one school building of a school district is equipped with video surveillance equipment that is capable of streaming live video to a remote location, the board of education and local law enforcement shall enter into an MOU which provides the authorities with the capacity to activate the equipment and view the live streaming video. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Live Streaming Video – N. J. S. A. 18 A: 41 -9 • Memorandum of Understanding shall include – Designated persons who are authorized to activate the equipment and view the live streaming video. (Contact info, position, rank, supervisor’s contact info. ) – Circumstances when activation and viewing can occur. – Plan for preventing and detecting unauthorized access. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Uniform State Memorandum of Agreement Between Education and Law Enforcement Live Streaming Video – N. J. S. A. 18 A: 41 -9 • Allowed to share video surveillance with law enforcement without violating FERPA, excludes from student records definition, no court order needed; board resolution ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Final Report of the Federal Commission on School Safety – December 18, 2018 Materials used with the permission of Stephen R. Fogarty, Fogarty and Hara, Esqs. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

THE RESULT… A 177 page report by the Federal Commission on School Safety (“Report”) was presented to President Trump on December 18, 2018 which identified 93 best practices for schools to curb gun violence. The Report is divided into three sections: 1. Prevent 2. Protect and Mitigate 3. Respond and Recover A summary of the major findings of each section follows. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

Final Report on the Federal Commission on School Safety • U. S. Departments of Education, Justice, Homeland Security, and Health and Human Services • No mandated or prescribed practices, models or activities; implementation is voluntary. • No force or effect of law. • No additional requirements for the public beyond those in applicable laws and regulations. • No additional rights for any person, entity or organization. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

SECTION I: PREVENT A. Character education and positive school climate help students feel connected to, rather than isolated from, teachers and peers. A positive framework for developing effective character education programs (“PRIMED”): 1. Prioritization –shared language, values and school support 2. Relationship Building – among staff, students, families, communities 3. Intrinsic Motivation – internalize ethical and performance values 4. Modeling – values for fostering character development 5. Empowerment – student opportunities for leadership 6. Developmental Pedagogy – setting high expectations Note: 34% of all school students report being cyberbullied, which is a contributing factor in extreme retaliation such as school shootings. Firm and prompt responses to cyberbullying is essential. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

SECTION I: PREVENT B. MENTAL HEALTH Improving access to school-based mental health and counseling is a critical aspect of prevention. Community involvement, including the faith community, is also important. Teleconferencing and tele-psychiatry consultations have the potential to dramatically expand enhance care. Note: Less than half of students with a mental disorder receive needed treatment. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

SECTION I: PREVENT C. THREAT ASSESSMENT 1. Targeted violence at K-12 schools is rarely a sudden or impulsive act. 1 2. Prior to most incidents, others knew about the attacker’s idea or plan. 3. There is no “profile” of students who engage in school violence. 4. Most attackers engaged in prior behavior that caused concern or indicated a need for help. 5. Most attackers had difficulty coping with significant loss or failure and had attempted/considered suicide. 6. Many attackers felt bullied. 7. Other students were involved. 1 Findings of the 2002 United States Department of Education Study, “Safe School Initiative. ” Note: Prior to most attacks, other students had concerns about the attacker, yet most did not report what they knew. Students need to continue to report what they “feel” is not right. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

SECTION I: PREVENT D. PRESS COVERAGE Most shooters desire fame and want to copy other mass shooters. Media coverage of mass shootings can make offenders famous and this coverage can lead to further attacks. Media coverage of violent attacks provides strong evidence of this “contagion” effect. Social media amplifies this problem. The “No Notoriety Campaign” (not using shooters’ names/photos but focusing on the facts and victims) is a policy that the media and communities should consider. Note: The American Psychological Association released a study in 2016 which concluded that “the prevalence of mass shootings has risen in relation to the mass media coverage of them and the proliferation of social media sites that tend to glorify the shooters and downplay the victims. ” ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

SECTION I: PREVENT E. VIOLENT ENTERTAINMENT AND RATING SYSTEMS States and LEAs should collaborate with parents to strengthen internet safety measures to curb access to inappropriate content. Brown v. Entertainment Merchants Ass’n. , 131 S. Ct. 2729 (2011) established video games as protected speech under the First Amendment. Rating systems to inform the public of entertainment content: Motion Picture Association of America (MPAA) – “G”, “PG-13”, and “R”. Parental Advisory Label (PAL) – a rating system for music releases containing explicit lyrics and depictions of violence and sex. Entertainment Software Ratings Board (ESRB) – guidance about video games and applications which requires display of rating information on packaging. Note: It is estimated that depictions of violence are present in 90% of movies, 68% of video games, 60% of television shows, and 15% of music videos. Research has consistently found over the years that children who watch violence act more violently. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

SECTION I: PREVENT F. SCHOOL DISCIPLINE The Report concludes that teachers are best positioned to identify and address disorderly conduct. Further, the Report recommends that the United States Department of Justice and United States Department of Education rescind the Obama Administration’s “Rethink School Discipline” Guidance, issued in a January 8, 2014 “Dear Colleague Letter. ” The Guidance is criticized in the Report on three grounds: 1. The Guidance places an emphasis on tracking school disciplinary actions by race. 2. Authorities, as well as the United States Supreme Court, have questioned the applicability of a disparate impact legal theory to Title VI of the Civil Rights Act of 1964, upon which the Guidance relies. 3. The Guidance creates a chilling effect on imposing discipline through the threat of OCR investigation and potential loss of federal funding. Note: School experts contend that there needs to be more local flexibility in handling student discipline. Federal intervention in day-to-day disciplinary matters undermines local decision making. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

SECTION I: PREVENT G. LAW ENFORCEMENT Research does not support the conclusion that age restrictions for firearm purchases are effective in reducing homicides, suicides or unintentional deaths. Most school shooters obtain their weapons from family members or friends. The Report recommends training to promote safe storage of firearms and adopting an “Extreme Risk Protection Order. ” New Jersey adopted such a law on June 13, 2018. N. J. S. A. 2 C: 58 -20, “Extreme Risk Protective Order Act of 2018, ” authorizes New Jersey courts to issue gun violence protective orders to individuals who pose a significant risk of personal injury to themselves or others by possessing/owning a firearm. The Protective Order prohibits a person who the order is filed against from possessing any permit/license allowing firearm possession during the protective order period. Note: 13 states have adopted an “Extreme Risk Protection Order, ” including 8 states since the Parkland shooting, New Jersey being among them. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

SECTION II: PROTECT AND MITIGATE A. TRAINING/TROOPS TO TEACHERS All school personnel play a role in school safety and must be trained. In New Jersey, school staff are trained annually. P. L. 2016, c. 80. Military veterans and retired law enforcement often have the leadership skills and experience with high stress to help ensure school safety. Levels of law enforcement and school security positions in New Jersey include: School Resource Officer (“SRO”) specially trained police officer who is assigned full time in a school. Special Law Enforcement Officer (“SLEO”) Class One – used for traffic detail, spectator control or to supplement police presence. Does not possess full police powers and is not authorized to carry firearms. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

SECTION II: PROTECT AND MITIGATE A. TRAINING/TROOPS TO TEACHERS SLEO: Class Two – usually employed for seasonal work. Trained, part-time, police officer who possesses full police powers. SLEO: Class Three – a retired law enforcement officer who previously served as a fully trained full time police officer. Class Three SLEO’s have full police powers while on duty and may carry a firearm. Private Security Guards – possess no police powers but there is no legal impediment to carrying a firearm as long as the following recommendations are in place: the Board has sufficient insurance to cover claims that may result; the Board determines the criteria that the security guard will use in determining when to display or discharge a firearm; Board policies must reflect the criteria for firearm usage by a security guard; and the Board adopts a relevant resolution permitting a security guard to carry a firearm. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

SECTION II: PROTECT AND MITIGATE B. BUILDING AND CAMPUS SECURITY Every school is different. Protective measures will vary based on characteristics of the site, location, resources and personnel available. Effective security plans use a layered approach across entry points, the building envelope and the classroom. P. L. 2016, c. 79 requires that new school construction include: 1. Adequate space to accommodate bus and vehicular traffic separately 2. Separate vehicular drop-off/pick-up areas 3. Marked school entrances 4. Keyless locking mechanisms 5. Remote locking and unlocking of entryways 6. Sufficient space for evacuation 7. Areas in the building intended for public use are separated and secured from other areas. Note: Denying intruders and attackers access to school buildings is a key line of defense. A strong defense begins at the entrance to the school building. Entry controls can deter intruders from initiating attacks, detect attacks earlier from a safe distance, and©Copyright delay 2019 the attacker from reaching vulnerable locations. Foundation for Educational Administration, Inc. - LEGAL ONE

SECTION III: RESPOND AND RECOVER A. Active Shooter Preparedness Reports have universally recognized the value of preparing for an active shooter incident through training, planning, and related strategies. Active Shooter Training for Staff by mock active shooter exercises should include recognizing the sound of gunshots, implementing “Run, Hide, Fight” or similar approaches, calling 911 with factual information, reacting effectively when law enforcement arrives, and adopting a survival mindset during times of crisis. Active Shooter Training for Students should be targeted to the age and developmental levels of the students and designed to not unduly traumatize them. Parent and police discussion and cooperation should be obtained prior to any such training program. Note: The ability to communicate quickly and effectively is often central to a successful response to an active shooter incident. ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE

The School Safety Report may be found at: https: //www 2. ed. gov/documents/school-safety/schoolsafety-report/pdf Information on the field trips, listening sessions, roundtables and other resources may be found at: https: //www. ed. gov/school-safety ©Copyright 2019 Foundation for Educational Administration, Inc. - LEGAL ONE