Law Enforcement Officials & School Resource Officers 445 The Eau

Law Enforcement Officials & School Resource Officers 445

The Eau Claire Area School District (ECASD) recognizes the following values and governing

principles which guide this School Board policy:

● Public education is essential to the well-being of individuals, families, and communities.

● For students to access and assimilate a public education, they must feel safe at school.

● Clearly defined roles, responsibilities, reporting protocol, decision-making processes, and

resource allocations are essential.

● School Resource Officers (SROs) play a key role in establishing positive supports for students

and families; the SRO is a trusted member of staff. Students who are facing behavioral

challenges or engaged in minor criminal activity are most likely to benefit from positive

behavioral interventions and supports (in accordance with Policy 447), access to adults who

mentor and guide them, and additional counseling and/or supports rather than arrest and/or

exclusion from school.

● It is essential that the ECASD and Eau Claire Police Department (ECPD) are able to

distinguish between disciplinary misconduct, which is handled by school administrators and

staff, and illegal conduct, which may be handled by law enforcement.

● When possible, the Board supports a restorative approach to discipline that involves all parties

in the process of settling the offense. Restorative practices involve the victim(s), offender(s),

and the community in search of solutions that promote repair, reconciliation, and reassurance.

● Meaningful engagement of all stakeholder groups – especially students, families, and

educators from diverse backgrounds – is essential to school safety, collaborative cultures, and

positive school climate.

● The ECASD and ECPD are committed to anti-racism. SROs shall discharge their duties with

due regard for the racial, cultural, or other differences of those served. The ECPD shall

provide law enforcement services and enforce the law equally, fairly, objectively, and without

discrimination toward any individual or group. The ECASD and ECPD will work collaboratively

to challenge hate, bigotry, and intolerance, will use compassion when pursuing justice, and will

respect at all times the dignity of others.

Definitions

Interview : Questioning of an individual by a police officer related to a criminal investigation.

Non-custodial interview : Questioning by a police officer of a student who is not detained and not

expected to be detained. A student shall be advised that he/she is not detained, does not have to talk

if he/she does not wish, and can leave any time he/she wishes.

Custodial interview : Questioning by a police officer of a student who is detained by police officers. A

student shall be informed of his/her Constitutional rights by the investigating officer(s) and these rights

shall be given full consideration by the investigating officer(s).

Child rights : Rights conferred on a minor by the Constitution of the United States, the Wisconsin

Constitution, state and federal statutes, and by confirming court decisions and precedents. As a

matter of law, parents/guardians, school administrators, and other third parties can neither waive nor

assert a child's rights. The minor can, however, waive or assert those rights at any time.

Police officer or law enforcement officer : All officers of the federal, state, and local governments

charged with the duty and authority for law enforcement and the conducting of official investigations in

connection therewith.

School Resource Officer (SRO) : School Resource Officers support and facilitate the educational

process by providing a safe and secure environment through building and establishing meaningful

relationships with students, staff, and families. SROs proactively interact with the school community to

ensure the enforcement of city and state laws; preservation of public order; protection of life; and

prevention, detection, or investigation of crime. SROs work effectively with students, families, school

personnel, and community agencies to support safe teaching and learning in the schools in

accordance with ECASD and ECPD policies. While authorized to act independent of School District

policy in response to criminal conduct or an immediate threat, the SRO is not typically the primary

responder or investigator of disciplinary or behavioral issues that arise at school events taking place

on or off a school campus.

Law Enforcement Officials in the Schools

The ECASD recognizes that collaboration between law enforcement agencies and the District is

necessary for the protection of students and employees for safeguarding all school property. At the

same time, the District recognizes its responsibility to protect the educational process and to provide

for the concerns of parents/guardians regarding the welfare and rights of their children.

Law enforcement officials may be called to a school when District officials have reason to believe that

unlawful conduct may have occurred; in situations that threaten the safety of students, employees,

and/or the public; or when the expertise of law enforcement is required, for example, to conduct a

search for suspected weapons possession. In these situations, law enforcement and School District

officials shall work together to conduct necessary investigation efforts, including conducting student

interviews in accordance with School Board policy and established procedures. Law

enforcement-initiated student interviews in investigations concerning conduct not related to school

shall generally not be conducted on school premises, except as provided in this policy, in the case of

emergencies, including a belief that a student has information regarding imminent or ongoing criminal

activity requiring immediate contact, or as specifically required by law consistent with the terms of any

judicially issued warrant.

School Resource Officer (SRO)

Selection of SROs

A diverse team consisting of the building principal, a building employee, one parent/guardian, an

ECASD Executive Director, and representatives from the ECPD shall be charged with matching the

knowledge, skill, and disposition criteria necessary for the position of SRO and with selecting a new

SRO for appointment to the ECASD.

Training of SROs

The ECASD shall work with the ECPD to provide opportunities for all SROs to go through training on

the following topics.

● Knowledge of Eau Claire Community core values and the District’s strategic plan, mission, and

vision

● Ability to interact appropriately with students at all developmental levels

● Cultural competency

● Implicit bias (i.e., race/ethnicity, immigration status, LGBTQ status, socio-economic status, and

other marginalized identities)

● Knowledge of federal and state disability, anti-discrimination, and special education laws

● Knowledge of ECASD reporting, including seclusion and restraint policies

● Knowledge of positive behavioral supports, strategies, and interventions

● Knowledge of student rights, confidentiality, and privacy

● Knowledge of trauma-informed practices

● Training in de-escalation techniques and Nonviolent Crisis Intervention (NVCI)

● The responsibilities of SROs/law enforcement

● School-based mental health services

The ECASD and ECPD shall identify resources for SROs from state and national organizations that

facilitate professional development opportunities.

SRO Access to Student Records

A SRO must contact a building administrator in order to obtain access to student records maintained

by the school that are not law enforcement unit records. Student records include a student’s

attendance and contact information. Student grades shall not be made available to SROs under any

circumstance. A SRO who seeks to access pupil records, aside from the officer’s agency’s own law

enforcement unit records, may be provided access only as permitted by law and only after providing

certification in writing to a school official that any records provided will not be further disseminated by

the SRO.

SRO Interviews

It is the role of school administration to investigate school-based issues and to determine when the

assistance of the SRO is appropriate. SROs shall not act as a school disciplinarian. Disciplining

students is a responsibility of school personnel in accordance with Policy 447 – Student Discipline and

Positive Behavior Interventions. School administrators may request the assistance of the SRO in an

investigation and consult the SRO in the event the administrator has reason to believe a circumstance

exists that negatively impacts the school and/or learning environment.

In the event that law enforcement officials and/or SROs intend to interview a student on school

premises during the school day, the officer shall confer with the building principal or designee, unless

an emergency circumstance arises where there is risk of harm to the health or safety of the student or

others. If this occurs, the law enforcement official and/or SRO shall notify the principal or designee as

soon as practicable. In consultation with the SRO, a school administrator may attend student

interviews when necessary and appropriate. If a student is interviewed by law enforcement officials

without a parent/guardian or administrator present, the principal or designee shall explain the

circumstances that led to the interview and place a written report of the incident in the student’s file. If

a request for a student interview is denied by the building principal or designee, he/she shall state the

reason for such denial. Law enforcement officials and/or SROs may request review of that decision by

the Superintendent.

SRO Accommodations for Students

The SRO shall work with an interpreter service and/or District staff to accommodate students who

speak English as a second language and/or students with disabilities or who may have disabilities in

accordance with Policy 447.

Notification of Parents/ Guardians Prior to Interview

Prior to any interview of a student who is the victim, witness, or complainant (except in case of an

abuse situation, or if the student is believed to have information relative to an imminent threat or

criminal activity ), the SRO or principal shall attempt to contact the parent/guardian. Unless otherwise

requested by the officer, the principal ( or in the principal’s absence their designee), may sit in on the

interview. If contacted, a student’s parent/guardian may be permitted to attend the interview at the

discretion of the principal. Parents/guardians may not be permitted to attend such interviews in

situations where law enforcement and the principal believe their presence would impair the

investigation.

Interviews of Students in Schools Related to Abuse and Neglect

Any contact with parents/guardians in an abuse or neglect case shall be made by Human Services or

law enforcement officials .

Governing Law

Assuring all law enforcement contact with students is handled consistent with the students’ legal

rights, including constitutional protections, Wisconsin law governing custodial interview of minors, and

any other legal requirements governing the interaction between law enforcement officials and

juveniles is the sole responsibility of the law enforcement official.

Immigration Status

The Eau Claire Area School District and Eau Claire Police Department shall not collect or provide

information regarding the immigration status of District students. SROs shall not have a role in the

removal of undocumented students.

Complaints and Allegations of Misconduct by Law Enforcement Officials and SROs

The ECASD and ECPD welcome inquiries and complaints about questionable performance, actions,

policies, or procedures relating to the School Resource Officer Program. The SRO program shall set

forth a simple and straightforward mechanism for any student, parent/guardian, teacher, principal, or

other school administrator to submit a complaint, orally or in writing, of perceived abuses or

misconduct by SROs.

1. Parents/guardians shall be permitted to submit a complaint in their native language in

accordance with Eau Claire Police Department Policy 1008 – Personnel Complaints . The

policy and complaint procedure is available online at:

http://www.ci.eau-claire.wi.us/home/showdocument?id=14766

2. Complaints to the District shall be investigated and resolved in a timely manner, and

complainants shall be furnished with a written explanation of the investigation and resolution.

3. If requested, the District shall provide for an independent investigation through the Wisconsin

Department of Public Instruction into the allegations in the complaint.

4. Where allegations of abuse or misconduct are raised, the ECASD and ECPD shall investigate

and work to resolve the issue in the best interest of students and the learning environment.

5. Where allegations of abuse or misconduct are substantiated, the ECASD and ECPD shall

consider the appropriateness of their assignment as an SRO.

6. Every student, parent, or guardian in the school system shall be informed of the complaint

procedure in the Parent/Student Handbook.

7. Any complaints against an Eau Claire Police Officer may be referred to the Police and Fire

Commission, in accordance with Wisconsin Statute.

Memorandum of Understanding (MOU)

The Eau Claire Area School District and City of Eau Claire Police Department shall maintain a

Memorandum of Understanding for the School Resource Officer Program. The MOU and this policy

shall be reviewed on an annual basis .

Accountability Reporting

With assistance from the Eau Claire Police Department and SROs, building principals shall collect,

maintain, and share data as requested on the following.

1. Students arrested, ticketed, or otherwise receiving formal contact by a SRO or other member

of law enforcement on school property. That information shall include the:

a. Type of offense and if the case was referred for charging ;

b. Name, gender, and race/ethnicity of student;

c. Information on the daily interactions a SRO has with students and school staff; and

d. Reporting data disaggregated by categories of victim, witness, and suspect interviews.

2. This information shall be collaboratively used as one tool to evaluate program efficacy. Data

regarding the SRO program shall be reported annually to the School Board.

Survey/Community Input

School and community climate surveys shall contain questions related to the SRO program.

Policy Review

This policy shall be reviewed annually by the Eau Claire Police Department and Eau Claire Area

School District.

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Referenced Acts, Statutes, Instructions: U.S. Code: 469, 325, 336; Wisconsin Statutes: §48.981,

118.001, 118.125; 118.257, 120.12(1), 120.13(1)(a), 120.13(35); 120.44; 938.02(12); FERPA ,

Electronic Privacy Act; U.S. Supreme Court Rulings: J.D.B. v. North Carolina, 131 S.Ct. 2394, 2399

(2011), New Jersey v. T.L.O., 469 U.S. 325, 351 (1985)

Cross Reference: Policy 411 - Equal Educational Opportunities, Rule 411 - Student Discrimination

Complaint Procedures; Rule 445 – Guidelines for Police Interview of Students; Policy 447 – Student

Discipline and Positive Behavior Interventions; Policy 454 - Identifying and Reporting Child

Abuse/Neglect/Trafficking; Memorandum of Understanding with Eau Claire Police Department; School

Resource Officer Role Expectations (Scope); Eau Claire Police Department Policy 1001 - Complaints;

Eau Claire Police Department Policy 401 - Bias-Based Policing; Eau Claire Police Department Policy

414 – Immigration Violations; Wisconsin Department of Justice Safe Schools Legal Resource Manual;

Final Report of President Obama's Task Force on 21st Century Policing (May 2015); Center for the

Prevention of School Violence, Case Studies of SRO Programs #209271; U.S. Department of Justice

National Assessment of School Resource Officer Programs; Council of State Governments Justice

Center - The School Discipline Consensus Report: Strategies from the Field to Keep Students

Engaged in School and Out of the Juvenile Justice System (2013)

Adopted: August 1985

Revised: August 2000, April 2018

EAU CLAIRE AREA SCHOOL DISTRICT BOARD POLICY