June 2020 7:190-AP3

Administrative Procedure - Guidelines for Reciprocal Reporting of Criminal Offenses Committed by Students

State law requires a reciprocal reporting system between the School District and local law enforcement agencies regarding criminal offenses committed by students. 105 ILCS 5/10-20.14. The Juvenile Court Act of 1987 and the School Code set requirements for the management and sharing of law enforcement records and other information about students if they have contact with local law enforcement. Implementation of reciprocal reporting procedures relies heavily on the District’s parent-teacher advisory committee and Building Principals, in cooperation with local law enforcement agencies. 105 ILCS 5/10-20.14. The parent-teacher advisory committee is a School Board committee and, thus, is subject to the Open Meetings Act. 5 ILCS 120/1.02. Local implementation of reciprocal reporting procedures may be modified based upon the District’s and local law enforcement’s specific implementation needs.

Guidelines for Reports from the District to Local Law Enforcement

When sharing information, school officials should be aware of State and federal laws regarding school student records. Family Educational Rights and Privacy Act, 20 U.S.C. §1232g; 34 C.F.R. Part 99; Illinois School Student Records Act, 105 ILCS 10/; 23 Ill.Admin.Code Part 375. Information kept by law enforcement professionals working in a school is not considered a school student record. 105 ILCS 10/2. Also, law enforcement records maintained by law enforcement agencies are not considered a school student record. 105 ILCS 5/22-20. For more detailed information about school student records and its definition, see 7:340-AP1, School Student Records.

1. The Building Principal and/or the Police Department School Liaison Officer (Liaison Officer) will arrange meetings as needed between school officials and individuals representing law enforcement to share information. While not required by State law, meetings may enhance a cooperative relationship between the school and local law enforcement agencies. The following people should be invited to these meetings: dean, building principal, guidance counselor, State’s Attorney, juvenile probation officer, and police department school liaison officer.

2. The Building Principal and the Liaison Officer will share information with the appropriate law enforcement agencies regarding the arrest of a student who is less than 17 years of age and is enrolled in the Building Principal’s school when the arrest was for any offense listed in the Juvenile Court Act of 1987. 105 ILCS 5/10-20.14.

a. The reporter should identify the student by name and describe the circumstances of the alleged criminal activity. If the information is a school student record, local law enforcement officials must certify in writing that they will not disclose it to any other party except as provided by State law without the prior written consent of the student’s parent/guardian. See administrative procedure 7:340-AP1, School Student Records, Section H. The written certification requirement is at 105 ILCS 10/6(6.5) and 20 U.S.C. §1232g(b)(1)(E)(ii)(II).

b. The report should be made as soon as possible after the Liaison Officer or Building Principal reasonably suspects that a student is involved in such activity.

c. The Building Principal’s duty to report such activity arises only when the activity occurs on school property or off school grounds at a school-related function.

Guidelines for Reporting from Local Law Enforcement to the District

The information shared with the District from law enforcement agencies and the confidentiality of shared juvenile law enforcement records are managed under 105 ILCS 5/22-20 and 705 ILCS 405/1-7, amended by P.A. 100-1162. These laws require the Building Principal to maintain all information and records that the District receives from local law enforcement separate from a student’s official school student record. Unless otherwise indicated, the information received from local law enforcement may only be used by school staff having a legitimate educational or safety interest in the information to support (1) the proper rehabilitation of the student, and/or (2) the protection and safety of students and employees in the school.

1. The State’s Attorney shall provide to the Building Principal a copy of any delinquency dispositional order concerning any student regardless of age where the crime would be a felony if committed by an adult, or following any adjudication of delinquency for a violation of Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the Criminal Code of 2012 (deadly weapon offenses). Access to this information is limited to only the Building Principal, the Superintendent, and any guidance counselor designated by either administrator. 705 ILCS 405/1-8(F).

2. Local law enforcement may disclose the identity of a victim of aggravated battery, battery, attempted first degree murder, or another non-sexual violent offense to appropriate school officials if the presiding judge of the juvenile court approves the disclosure to prevent foreseeable violence. 705 ILCS 405/5-905(2.5).

3. Local law enforcement may transmit juvenile law enforcement records relating to a minor who is arrested or taken into custody before his or her 17th birthday only if law enforcement believes that there is imminent threat of physical harm to students, school personnel, or others who are present in the school or on school grounds. 705 ILCS 405/1-7(A)(8), amended by P.A. 100-1162, and 405/5-905(h). For an example of relevancy and implementation of this type of law enforcement information in a school building, see Board policy 4:190, Targeted School Violence Prevention Program.

4. Local law enforcement agencies and all courts must report to the Building Principal the fact that a student enrolled in the building has been detained for proceedings under the Juvenile Court Act of 1987 or for any crime or violation of a municipal or county ordinance. 105 ILCS 5/22-20.

5. Local law enforcement may allow the Building Principal or appropriate school official(s) to inspect and copy juvenile law enforcement records concerning a minor enrolled in the school who has been arrested or taken into custody for violating the following Ill. laws: Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012 (deadly weapons); Ill. Controlled Substances Act; Cannabis Control Act; forcible felonies defined at Section 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012; Methamphetamine Control and Community Protection Act; Section 1-2 of the Harassing and Obscene Communications Act; Hazing Act; or Section 12 of the Criminal Code of 1961 or the Criminal Code of 2012 (bodily harm); or Article 25 of the Criminal Code of 1961 or the Criminal Code of 2012 (mob action and related offenses). 705 ILCS 405/1-7(A)(8)(A), amended by P.A. 100-1162, and 405/5-905(h)(A).

6. Local law enforcement shall provide a copy of all arrest records, and the State’s Attorney shall provide a copy of all conviction records, to the Building Principal if the record involves a student who is arrested or taken into custody after his or her 17th birthday.

7. Local law enforcement may disclose only oral information about a minor who is the subject of a current police investigation that is directly related to school safety. 705 ILCS 405/5-905(h). For an example of relevancy and implementation of this type of law enforcement information in a school building, see Board policy 4:190, Targeted School Violence Prevention Program.

8. Local law enforcement and the State’s Attorney may share or disclose information or records relating or pertaining to juveniles subject to the provisions of the Serious Habitual Offender Comprehensive Action Program when that information is used to assist in the early identification and treatment of habitual juvenile offenders. 705 ILCS 405/1-8(G).

LEGAL REF.: 105 ILCS 5/10-20.14 and 5/22-20.

705 ILCS 405/1-7, 1-8(F), 1-8(G), and 5-905.

CROSS REF.: 2:150 (Committees), 4:190 (Targeted School Violence Prevention Program), 7:150 (Agency and Police Interviews)

ADMIN PROC.: 7:150-AP (Agency and Police Interviews), 7:340-AP1 (School Student Records)