JICFB-E3 Safe Schools - Memorandum of Understanding: Ashburnham & Westminster Police Departments (also ADD-E)

JICFB-E3

Also ADD-E

Safe Schools - Memorandum of Understanding: Ashburnham & Westminster Police Departments

ASHBURNHAM-WESTMINSTER REGIONAL SCHOOL DISTRICT

Office of the Superintendent

11 Oakmont Drive 978-827-1434

Ashburnham, MA 01430 fax 978-827-5969

MEMORANDUM OF UNDERSTANDING, BETWEEN

ASHBURNHAM-WESTMINSTER REGIONAL SCHOOL DISTRICT

AND THE

ASHBURNHAM AND WESTMINSTER POLICE DEPARTMENTS

I. GENERAL PRINCIPLES

The Ashburnham-Westminster Regional School District and the Ashburnham and Westminster Police Departments agree to coordinate their efforts to intervene and prevent violence involving the students of the Ashburnham-Westminster Regional School District; to prevent the improper and/or illegal use, abuse and distribution of alcohol and other illegal drugs involving the students of Ashburnham-Westminster Regional School District; and to promote a safe and nurturing environment in the school community. With incidents of truancy, school delinquency, criminal behavior, and other activity detrimental to the community that take place on school grounds, within school property, at school sponsored events, and other locations in which students of the Ashburnham-Westminster Regional School District are involved. We also agree to keep all information which is disclosed between the parties pursuant to M.G.L. c. 12 § 32; M.G.L c. 71 § 37H1/2; M.G.L c. 71 § 37L; 603 CMR 23; and 20 U.S.C. § 1232g, from public dissemination in accordance with State and Federal Laws. This agreement is intended to address issues of violence; attempted violence or threatened violence; the use, abuse and/or distribution of alcohol or other drugs; or other incidents of conduct possibly detrimental to the welfare of the school community, where a law enforcement response is likely helpful or required: in a school setting during any school sponsored activity, even if the event is off school grounds; or in the community involving students of the Ashburnham-Westminster Regional School District. It will be the sole prerogative of school officials to impose internal school discipline for infractions of school rules and policies. See the school handbook for specific policies and procedures.

II. SCHOOL AND POLICE DEPARTMENT DESIGNATED LIAISONS

In order to facilitate prompt and clear communications between the school and police personnel, the Ashburnham-Westminster Regional School District and the Ashburnham and Westminster Police Departments agree to identify individuals on their respective staffs who will function as "Designated Liaisons." These representatives shall serve as conduits between the school system and the police department for matters related to the school system and students.

A. THE ASHBURNHAM AND WESTMINSTER POLICE DEPARTMENT’S DESIGNATED LIAISONS ARE:

Sgt. Todd Parsons (Ashburnham) and Officer Erick Phillips (Westminster).

B. THE ASHBURNHAM-WESTMINSTER REGIONAL SCHOOL DISTRICT DESIGNATED LIAISONS ARE:

J. R. Briggs-Nathaniel North

WES and Meeting House- Kathy Taylor,

Overlook-Phil Saisa,

Oakmont-Dave Uminski.

The aforementioned police department designated liaisons are also considered the Ashburnham-Westminster Regional School District "Law Enforcement Unit" as defined in the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g) for purposes of sharing information between the Ashburnham-Westminster Regional School District and the Ashburnham and Westminster Police Departments regarding students.

III. ISSUES OF CONCERN TO THE DESIGNATED LIAISONS

A. REPORTABLE INCIDENTS:

(1) The Designated Liaisons from the School and Police Department will review all incidents classified as Mandatory Reportable Incidents, as defined in Section IV of this agreement.

(2) The Designated Liaisons will also review any incident or information that may affect the safety or well being of students, faculty, or administrative personnel.

(3) Additionally, upon request from the District Attorney's Office, the Designated Liaisons will provide appropriate information to the Office of the District Attorney which may be helpful in fashioning proposed terms and conditions to be imposed upon a student of the Ashburnham-Westminster Regional School District at both the pre-adjudication and post-adjudication stages of a proceeding within the court and criminal justice systems.

B. PREVENTION STRATEGIES:

In addition to the above responsibilities, the Designated Liaisons from the School, the Police Department and the Worcester District Attorney’s Office will meet regularly for the following purposes:

(1) to discuss incidents of violence; any use, abuse or distribution of alcohol and/or other drugs; criminal activity affecting students; or any other activity detrimental to the school community;

(2) to identify strategies to reduce such activities, and to promote a safe and nurturing school

(3) to discuss resources available for students at risk of harm from violence, abuse or neglect;

(4) to develop and be involved with prevention and intervention programs focused on anti-violence and corresponding strategies as required by M.G.L. c. 12 § 32; and

(5) to help outline necessary action plans for implementation of such strategies.

IV REPORTING GUIDELINES

A. SCHOOL REPORTS TO POLICE DEPARTMENT

(1) The following shall be considered Mandatory Reportable Incidents:

(a) possession, use, sale, or distribution of alcohol and/or other drugs by a student at any time, or by a non-student where it is a crime or affects students;

(b) possession, use, or distribution of an inhalant or any controlled substance, as defined in M.G.L. e. 94C;

(c) any incident involving the threat of assaultive behavior or intentional assaultive or negligent behavior that results in personal injury;

(d) possession of a weapon as defined in either M.G.L. c. 269 § 10, or in the school handbook]

(e) any incident involving crimes of intolerance, including, but not limited to, serious "bullying," certain civil rights violations, domestic abuse, dating violence, or a violation of a M.G.L. c. 209A order;

(f) any incident involving a child suffering physical or emotional injury resulting from abuse inflicted upon him or her which causes harm or the substantial risk of harm to the child's health or welfare, including sexual abuse or from neglect; (in addition to a report filed with the Department of Children and Families pursuant to M.G.L c. 119§51A);

(g) any incident involving an actual or suspected hate crime or violation of civil rights, including but not limited to an assault or battery upon a person or damage to the real or personal property of a person with the intent to intimidate such person because of such person's race, color, national origin, sexual orientation, gender identity or disability, in violation of M.G.L. c. 265 § 39;

(h) any incident resulting in significant damage to municipal or private property;

(i) any bomb threat; fire, threatened or attempted fire-setting; threatened or attempted use of an explosive device or hoax device. Such reports shall include but not be limited to the requirements of M.G.L. c. 148 § 2A;

(j) any creation, possession, or dissemination of a document that identifies individuals targeted for violence or death;

(k) any threat, direct or indirect, against a student, school personnel or other, including but not limited to threats which occur via telecommunications (e.g. internet, text message, IM);

(l) any incident of "hazing" as defined by M.G.L. c. 269 § 17, involving a threatened or actual risk of physical or emotional harm to a student;

(m) any sexual assault, rape or incident of gender-based harassment. This shall include but not be limited to any and all policies, procedures, and reporting requirements as defined in the student handbook;

(n) any violation of a 258e order.

(2) Mandatory Reportable Incidents shall be reported to the Ashburnham and Westminster Police Departments as soon as possible if the incident:

(a) occurred on school property or within 1,000 foot radius of school property;

(b) occurred at a school sponsored function;

(d) involved a student of the Ashburnham-Westminster Regional School District.

B POLICE DEPARTMENT REPORTS TO THE SCHOOL

The appropriate Police Department Designated Liaison will inform the appropriate School Designated Liaison, subject to applicable statutes and regulations governing confidentiality, of:

(1) any activity which may be classified as a Mandatory Reportable Incident as listed in section IV. A(1) of this document;

(2) any arrest of a student or the filing of a complaint application or other police or court action taken against any student of Ashburnham-Westminster Regional School District; and

(3) any occurrence involving a student of the Ashburnham-Westminster Regional School District, if the

(a) activity poses a serious and imminent threat to the safety of the student, other students, faculty, or school personnel;

(b) making of such report would facilitate supportive intervention by school personnel on behalf of the student; or

V. PROCEDURE GUIDELINES

A. INTRODUCTION

A concern of educators is to provide a safe and nurturing climate in which learning can take place, as is evidenced in the student handbook. It is also a concern of local law enforcement to promote a safe environment in the public school community. As recent events have shown, any school is at risk for incidents of violence, threatened violence or attempted violence, as well as the use, abuse and distribution of alcohol and other drugs, all of which diminish the ability of the school community to focus upon the business of learning. In order to promote a safe and nurturing environment in our schools and in our community, it is in our common interest to share information. It is through the collaborative efforts of the Ashburnham-Westminster Regional School District and the Ashburnham and Westminster Police Departments that this can occur.

B. REPORTING PROCEDURES FOR EMERGENCY SITUATIONS

Definition: An emergency situation is any incident that poses a threat to human safety or which may result in serious property damage. A teacher or other employee having knowledge of any emergency situation shall immediately notify or cause to be notified both the Ashburnham or Westminster Police Department (911) and the School Principal or Assistant Principal. This requirement is in addition to any procedures outlined in the student handbook. Where an emergency exists and there is an immediate need to avert or diffuse certain unusual conditions or disruptions in the school setting, the school will provide all necessary information to law enforcement personnel regarding the students at issue. (See section 99.31 (a)(10) of the FERPA regulations.)

C. REPORTING PROCEDURES FOR NON-EMERGENCY SITUATIONS

Where a teacher or other school employee has reasonable grounds to believe student has committed an act categorized as a mandatory reportable act, and that student is on school grounds, he or she shall take or cause the student to be taken to the appropriate Designated School Liaison.

D. NECESSARY FOLLOW-UP

A teacher or other school employee with knowledge of facts pertinent to the reportable act shall: (1) prepare and submit a report (see the student handbook) on the incident to the appropriate Designated School Liaison; (2) notify the Designated School Liaison of the existence of any physical evidence; and (3) take reasonable steps to maintain any pertinent physical evidence in a secure place

E. RESPONSIBILITY OF THE DESIGNATED SCHOOL LIAISON

Once a Designated School Liaison has been made aware of a mandatory reportable incident, it is her/his responsibility to: (1) notify the Police Department Designated School Liaison and, when appropriate, parents; (2) notify the Police Department Designated School Liaison of the existence of pertinent physical evidence and speak with him or her about whether and how to take reasonable steps to maintain it in a secure place; and (3) follow up by forwarding any relevant information to the appropriate police department.

VI. IMPLEMENTATION

A. TRAINING

The Ashburnham-Westminster Regional School District and the Ashburnham and Westminster Police Departments agree to provide agency-wide training to their respective staffs to inform them of their roles and responsibilities under this agreement and to consult with the District Attorney's Office as appropriate regarding this agency-wide training. On an on-going basis, the same training will be provided to new staff members.

B. EFFECTIVE DATE AND DURATION OF THIS AGREEMENT

The provisions of this Memorandum of Understanding shall be effective as of the date of signing and will remain in full force and effect until amended -or rescinded by the parties.

VII. ROLE OF THE OFFICE OF THEWORCESTER DISTRICT ATTORNEY

In the spirit of the legislative mandate regarding communication between the Office of the District Attorney, law enforcement and school officials, as included in General Laws, Chapter 12, Section 32, and to assist the Ashburnham-Westminster Regional School District in providing a safe environment for learning, in accordance with the legislative mandate set forth in G.L. c. 71, sections 37H and 37H1/2, inter alia, the District Attorney agrees to: consider information received from the Ashburnham-Westminster Regional School District and the Ashburnham and Westminster Police Departments when fashioning proposed terms and conditions to be imposed upon a student of the Ashburnham-Westminster Regional School District at both the pre-adjudication and post-adjudication stages of the prosecution when possible; and consider information received from the Ashburnham-Westminster Regional School District and the Ashburnham and Westminster Police Departments when deciding whether to prosecute a student as a Youthful Offender. The District Attorney agrees to provide training to staff to inform them of their roles and responsibilities under this agreement. On an on-going basis, the same training will be provided to new staff members.