Dora dome sro complete handout

GETTING MORE BANG FOR YOUR
BUCK: GUIDELINES FOR THE
CREATIVE AND EFFECTIVE
UTILIZATION OF SCHOOL
RESOURCES OFFICERS
January 15, 2014
2:00PM – 3:30PM
2014 ACSA Every Child Counts Symposium
Monterey, CA
Presented by:
Dora J. Dome, Esq.
This activity is approved for 1.5 hours of
MCLE General Credit

Dora J. Dome Biography

Dora J. Dome has practiced Education Law for over 17 years, primarily in the areas of
student issues and special education. She currently provides legal representation to school
districts on student issues, and has renewed her emphasis on developing and conducting
professional development trainings for district staff that focus on Bullying, Equity and Legal
Compliance in a proactive effort to build staff capacity to address the changing needs of their
students.
Ms. Dome’s work with Bullying focuses on helping school districts create the necessary
infrastructure to identify and address bullying in schools and to provide staff with effective
strategies to respond to various forms of bullying and harassment. Her Equity trainings examine
diversity and equity issues facing school districts such as examining stereotypes that impact
attitudes and behavior of staff and students, identifying the harmful effects of stereotypes within
the school setting, and coaching staff to develop skills to identify, interrupt and prevent
discriminatory behavior. Ms. Dome’s legal compliance trainings provide up-to-date information
and guidance on how to ’stay legal’ in the areas of special education, student discipline and
Section 504.
Admitted to the Hawaii State Bar in 1996, Ms. Dome served as a special education consultant
and trainer for the Hawaii State Department of Education and Hawaii State Department of Health
for five years. Ms. Dome was admitted to the California Bar in 2003. She worked with the
education law firm of Dannis Woliver Kelley, (fka Miller Brown and Dannis) for eight years.
Ms. Dome has studied in the areas of Race and Ethnicity, Critical Legal Studies and Critical
Race Theory and has been certified as a Cultural Diversity Trainer by the National Coalition
Building Institute (aka NCBI). She has developed and conducted trainings for numerous school
districts and school boards in the areas of student diversity and equity, student and special
education discipline, harassment/discrimination, bullying, special education, No Child Left
Behind, alternative assessments for African American students, Section 504, and student records.
Ms. Dome also regularly presents at association conferences such as ACSA, CSBA and
CASCWA. She also participated on the Gay & Lesbian Athletics Foundations (aka GLAF)
Keynote Panel on “Race and Racism in LGBT Athletics” and presented at the NCAA Black
Coaches Association Annual Conference on “Homophobia in Sports.” She graduated from
University of Hawaii, Richardson School of Law (J.D.) and from University of California, Los
Angeles (B.A.).
Ms. Dome is an Adjunct Professor at Mills College and a Lecturer at the University of California
at Berkeley, teaching Education Law and Policy in the administrative credential programs for
soon to be administrators.

1/7/14

GETTING MORE BANG FOR YOUR
BUCK: GUIDELINES FOR THE
CREATIVE AND EFFECTIVE
UTILIZATION OF SCHOOL
RESOURCES OFFICERS
January 15, 2014
2:00PM – 3:30PM
2014 ACSA Every Child Counts Symposium
PRESENTED BY:
Dora Dome, Esq.
This activity is approved for 1.5 hours of MCLE General Credit
© 2014 DORA DOME LAW p. 1



CIVIL RIGHTS DATA
COLLECTION - 2012

CIVIL RIGHTS DATA
COLLECTION - 2012
Arrests and Referrals to Law Enforcement
Referrals
Hispanic
Asian/PI
White
African American
Native American

Arrests

29%
3%
25%
42%
1%

37%
5%
21%
35%
1%

© 2014 DORA DOME LAW

1

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IMPACT
§  Being arrested has detrimental psychological
effects on the child;
–  Nearly doubles the odds of dropping out of
school, and, if coupled with a court
appearance, nearly quadruples the odds of
dropout;
–  Lowers standardized test scores;
–  Reduces future employment prospects; and
–  Increases the likelihood of future interaction
with the criminal justice system.

SRO’S IN SCHOOLS
§  “One [of] the most frequent and destructive
mistakes many SRO programs make is to fail to
define the SROs’ roles and responsibilities in
detail before --- or even after --- the officers take
up their posts in schools. When programs fail to
do this, problems are often rampant in the
beginning of the program --- and often persist for
months and even years.”
FINN ET AL., supra note 2, at 23; see also AM. CIVIL LIBERTIES UNION, HARD LESSONS: SCHOOL RESOURCE OFFICER
PROGRAMS AND SCHOOL-BASED ARRESTS IN THREE CONNECTICUT TOWNS 18-20 (2008) (describing confusion
between school officials and police on the role of SROs).


AB 549
§  Ed. Code 32282.1
–  “As comprehensive safety plans are reviewed
and updated, the legislature encourages all
plans, to the extent that resources are
available, to include clear guidelines for the
roles and responsibilities of mental health
professionals, community intervention
professionals, school counselors, school
resource officers, and police officers on
school campus,…”


2

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POLICE IN SCHOOLS


POLICY/PRACTICE
§  Provide clear policy guidelines for the
presence of law enforcement personnel on
campus.
§  Limit the use of School Resource Officers or
other law enforcement interventions to
emergency situations
Source: ACLU-NC, Discipline in California Schools: Legal Requirements and Positive School
Environments, 2010


CHILDREN AND THE
4TH AMENDMENT
§  Protected from unlawful search and seizure
§  Right not to be subject to a custodial
investigation unless:
–  the law enforcement officer has a warrant or
court order,
–  exigent circumstances, or
–  the person consents.



3

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CHILDREN AND THE
5TH AMENDMENT
§  Right to remain silent
§  “Totality of the circumstances” to determine
whether or not a child validly invoked their right
to remain silent People v. Lessie, 47 Cal. 4th 1152 (2010)
.

–  “‘[w]here the age and experience of a juvenile
indicate that his request for his probation officer or his
parents is, in fact, an invocation of his right to
remain silent, the totality approach will allow the court
the necessary flexibility to take this into account in
making a waiver determination.’” Id. at 1166 (citing
Fare).

INTERVIEWS –
SUSPECTED CHILD ABUSE
§  A suspected victim of child abuse or neglect may be
interviewed during school hours, on school
premises, concerning a report of suspected child abuse
or neglect that occurred within the child's home or out-ofhome care facility. The child shall be afforded the
option of being interviewed in private or selecting any
adult who is a member of the staff of the school,
including any certificated or classified employee or
volunteer aide, to be present at the interview. A
representative of the agency investigating suspected
child abuse or neglect or the State Department of Social
Services shall inform the child of that right prior to the
interview. Cal. Pen. Code § 11174.3(a) (emphasis added).

INTERVIEWS –
SCHOOL RELATED ACTIVITIES
§  If the incident relates to an on-campus or schoolrelated incident, the following guidelines should
be followed:
–  Site administration conducts their own
investigation.
–  Consider if the school administration can
complete their investigation prior to the
involvement of law enforcement.
–  If not, why not? (Is this an emergency
situation?)


4

1/7/14

INTERVIEWS –
§  Note: School officials should not have law
enforcement officers undertake duties usually
performed by administrators, i.e. conducting an
investigation or collecting evidence for an
expulsion hearing.


INTERVIEWS –
–  If the officer states that he must proceed with
the investigation (prior to the school’s
investigation being completed), then allow the
officer to discharge his duties on campus.
Ask the officer:
•  “When will the child’s parent be notified about the
interview; prior to the interview or after…what is
your protocol?”

–  Advise the officer that you are requesting to
sit-in on the interview (take notes, support
child; do not interview!).

INTERVIEWS –
–  Verify with the officer that the child has the
right against self-incrimination during the
interview process.
–  If the parent has not been contacted prior to
the interview, at the conclusion of the
interview, ask the officer:
•  “Who will contact the parent regarding the
interview?”
•  “When will that contact be made?”

§  The school will still need to conduct their
own investigation.



5

1/7/14

REMOVAL FROM CAMPUS
§  If the officer states that he is taking the student
off-campus:
–  Advise the officer that as administrator, you
are required (per Ed Code 48906*) to take
immediate steps to notify the parent or
guardian of the student regarding the
release of the student to the officer, and
where the student has been taken by the
officer (except when taken into protective
custody due to suspected child abuse).

INTERVIEWS –
UNRELATED ACTIVITIES
§  Ask the officer, “Is this investigation related to a
school incident?”
–  If not school-related, say, “I would prefer that
you speak to the student outside of the school
day (outside of the school’s jurisdiction). Are
you able to do that?”
–  If the officer says, “Yes”, then no interview
takes place at that time.


INTERVIEWS –
–  If the officer says, “No”, then allow the officer
to discharge his duties on campus. Ask the
officer:
•  “When will the child’s parent be notified about the
interview; prior to the interview or after…what is
your protocol?”
•  Advise the officer that you are requesting to sit-in
on the interview (take notes, support child; do not
interview!).



6

1/7/14

INTERVIEWS –
•  Verify with the officer that the child has the right
against self-incrimination during the interview
process.
•  If the parent has not been contacted prior to the
interview, at the conclusion of the interview, ask
the officer:
»  “Who will contact the parent regarding the
interview?”
»  “When will that contact be made?”


REQUIRED POLICE
NOTIFICATION
§  Before suspension or expulsion:
–  Any person who commits an assault upon the
person of another with a deadly weapon, a
firearm, or by any means of force likely to
produce great bodily injury. CA Penal Code 245
§  Within 1 school day after suspension or
expulsion:
–  48900 (c) – drugs
–  48900 (d) – imitation controlled substance,
alcohol, or intoxicant. Ed Code 48902(a) & (b)

REQUIRED POLICE
NOTIFICATION
§  No timeline stated:
–  Possession or sale of narcotics or controlled
substance
–  Possession of a firearm in a school zone. CA
Penal Code 626.9
Ed Code 48902(c)



7

1/7/14

REQUIRED POLICE
NOTIFICATION
–  Brings or possesses any dirk, dagger, ice pick, knife
having a blade longer than 2 1/2 inches, folding knife
with a blade that locks into place, razor with an
unguarded blade, taser, or stun gun, as defined in
subdivision (a) of Section 244.5, any instrument that
expels a metallic projectile such as a BB or a pellet,
through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun. CA Penal Code
626.10
Ed Code 48902(c)

REQUIRED POLICE
NOTIFICATION
–  Possession of a firearm. Ed Code 48915(c)(1)
–  Possession of an explosive. Ed Code 48915(c)(5)
Ed Code 48902(c)

§  Promptly report:
–  Attack, assaulted, or physical threat by a
pupil, against an employee of the school
district.
Ed Code 44014


BASIC PREMISE
§  Children will not be subject to formal law
enforcement intervention --- whether that
intervention take the form of an issuance of a
criminal citation, ticket, or summons, filing of a
delinquency petition, referral to a probation
officer, or an actual arrest --- for ordinary school
discipline issues



8

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PROACTIVE UTILIZATION
OF SRO’s
§  Family relationship building
–  Face to face meetings with parent(s)/guardian
–  Establish genuine concern for the student
–  Help develop parent buy-in for follow through at
home.
–  Establish procedure to call one parent guardian
proactively when problems are arise to intervene
before bad decisions are made (e.g. Gang associates
or drama provokers)


OF SRO’s
§  Diversion consequences at school (Junior high/
middle school grades)
–  Principal or AP collaborate with SRO on community
service at school in lieu of police action (often can be
more grueling for students)

§  Work to discover root issue that can be
addressed (instead of continually fighting
symptoms which often lead to criminal acts)
–  Determine resource to start resolving root issue


OF SRO’s
§  Student relationship building
–  SRO maintain professionalism of higher standard to act
as role model even during arrest situations positive face of
law enforcement (***e.g. best positive relationships are
many times with those students who are arrested)
–  Check in with at-risk students to help prevent incidents
by using grave consequence reminders
–  Know the students- be visible and interested in knowing
more about individuals
–  Allow students to suggest consequence in exchange
for no arrest with promise for no future criminal acts
(negotiation to gain compliance by empowering student)


9

1/7/14

OF SRO’s
§  Be proactive –
–  Anticipate problems
–  Work with counselors, deans, and/or assistant
principals to remove at risk students from
situations and potential situations that may
provoke destructive decision making
–  Enforcing lower level school violations
reduces more egregious violations and crimes


OF SRO’s
§  Know the school and community resources that
are available
–  PBIS
–  Substance abuse programs
–  Mental Health supports
–  Community Based Programs
§  Incorporate into School Community
–  Conduct assemblies
–  Teach classes to at risk groups
–  Provide Parenting workshops

GUIDELINES SHOULD…
§  Distinguish between disciplinary misconduct to
be handled by school officials and criminal
offenses to be handled by law enforcement;
§  Respects the rights of children in school;
§  Ensures transparency and accountability;
§  Defines the role of SROs within the context of
the educational mission of schools;
§  Provides minimum training requirements; and
§  Promotes non-punitive approaches to student
behavior.


10

1/7/14

THANK YOU!

Dora
Dome
Law

610
16th
Street,
Suite
305

Oakland,
California
94612

510.464.DOME
(3663)
oﬃce

510.301.6667
cellular

510.291.9599
fax

ddome@doradomelaw.com
e-‐mail

www.doradomelaw.com
web



11

[NAME] UNIFIED SCHOOL DISTRICT
School: _____________________________
LAW ENFORCEMENT STUDENT QUESTIONING FORM

Date:
Student Name:
Law Enforcement Officer Name:
§ Agency
§ Badge/Identification No.
§ Basis of Authority
Reason for Questioning:

Arrival Time

Time of Questioning

Time of Departure

Did student ask for parent/guardian or other adult to be present?
Did the principal/designee ask officer for permission to contact the
parent/guardian prior to the student being questioned?
§ Did officer grant permission?

Yes

No

Yes

No

Yes

No

If permission granted, Name of parent/guardian
contacted:
§ By whom:
§ Time:
§ If no answer, what follow up was done?
§ What did the parent tell the principal/designee?
Did the principal/designee ask to remain in room during questioning?
§ Did officer grant permission?
§ If not, what was the reason given?

_________________________________________________
Principal/Designee Signature

Yes
Yes

No
No

_____________________________
Date

Model Language on Students’ Rights
•

Absent a real and immediate threat to student, teacher, or public safety, a School Resource
Officer may conduct or participate in a search of a student’s person, possessions, or locker only
where there is probable cause to believe that the search will turn up evidence that the child has
committed or is committing a criminal offense.
•

•

•

The SRO shall inform school administrators prior to conducting a probable cause
search where practicable.
The SRO shall not ask school officials to search a student’s person, possessions, or locker
in an effort to circumvent these protections.

A school official may conduct a search of a student’s person, possessions, or locker only where
there is reasonable suspicion to believe that the search will turn up evidence that the student has
violated or is violating either the law or the rules of the school, and the search is justified in
scope given such suspicion.
•

•

Absent a real and immediate threat to student, teacher, or public safety, a school official
shall not ask a SRO to be present or participate in such a search.

Absent a real and immediate threat to student, teacher, or public safety, a SRO may question or
participate in the questioning of a student about conduct that could expose the child to courtinvolvement or arrest only after informing the child of his or her Miranda rights and only in the
presence of the child’s parent or guardian.

•
•

The SRO shall inform school administrators prior to questioning the student where
practicable.
The SRO shall not ask a school official to question a student in an effort to circumvent
these protections.

•

Absent a real and immediate threat to student, teacher, or public safety, a school official shall not
ask a SRO to be present or participate in the questioning of a student that could expose the
student to court-involvement or arrest.

•

Strip searches of children by either school officials or SROs shall be prohibited.

•

Absent a real and immediate threat to student, teacher, or public safety, other physically invasive
searches by a school official or SRO shall not be conducted on a child.

•

Absent a real and immediate threat to student, teacher, or public safety, a SRO shall not use
physical force or restraints --- including handcuffs, Tasers, Mace, or other physical or chemical
restraints --- on a child.

Model Language on Transparency and Accountability
•

The school district and relevant law enforcement agency shall maintain annual publicly
available data, without disclosing personally identifiable information, documenting the
following:
•

•

Number of incidents resulting in other forms of law enforcement intervention --- including
searches and seizures by SROs; questioning by SROs; issuance of a criminal citation, ticket,
or summons; filing of a delinquency petition; and referral to a probation officer --- for
juvenile conduct on school grounds or at a school sponsored event, broken down by school;
offense or reason; type of law enforcement intervention; juvenile’s age, grade level, race,
sex, and disability status; and disposition/result;

•

Number of suspensions or other disciplinary consequences imposed on students, broken
down by school; offense/infraction; student’s age, grade level, race, sex, and disability status;
and disciplinary consequence imposed;

•

Regulations, policies, and protocols governing the SRO program;

•

Budget information for the SRO program including funding and expenditures;

•

Number of SROs deployed to each school;

•

Training materials for SROs; and

•

•

Number of incidents resulting in a juvenile arrest for conduct on school grounds or at a
school-sponsored event, broken down by school; offense; arrestee’s age, grade level, race,
sex, and disability status; and disposition/result;

Number and types of complaints lodged against SROs.

The SRO program shall set forth a simple and straightforward mechanism for any student,
parent, teacher, principal, or other school administrator to submit a complaint, orally or in
writing, of abuses or misconduct by SROs.
•

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

•

The complaint system must be confidential and protect the identity of the
complainant from the SRO to the extent consistent with the SRO’s due process
rights.

•

The system shall provide for an independent investigation into the allegations in
the complaint.

•

Complaints shall be investigated and resolved, and complainants shall be

furnished with a written explanation of the investigation and resolution, within 30
days.
•

Where serious allegations of abuse or misconduct are raised, the SRO shall be
temporarily removed from having contact with students as appropriate.

•

Where allegations of abuse or misconduct are substantiated, the SRO shall be
suspended or permanently removed from school assignments or receive additional
training as appropriate.

•

Every student, parent, and guardian in the school system shall be informed of the
complaint procedure.

Model Language on Defining the Role of the SRO in the Context of the
Educational Mission of Schools
•

The mission of the School Resource Officer program is to improve school safety and the
educational climate at the school, not to enforce school discipline or punish students.

•

Building-level school administrators shall be consulted as to whether a SRO will be
deployed to the school and shall participate in periodic performance reviews of the SRO.

•

The SRO shall meet with building-level school administrators, teachers, parents, and
student representatives at least annually to discuss issues of school safety.

•

The SRO shall be integrated into the school community through participation in faculty
and student meetings and assemblies as appropriate.

•

The SRO shall maintain daily activity reports and submit monthly summaries of these
reports to building-level school administrators, district-level school administrators, and
the relevant law enforcement agency. The monthly summaries shall include, for each
SRO, the numbers and descriptions of all incidents or calls for service; names of school
officials involved (referring teachers, principals, etc.); student searches; student
questioning; tickets, citations, or summonses; filing of delinquency petitions; referrals to
a probation officer; actual arrests; and other referrals to the juvenile justice system.

•

Absent a real and immediate threat to student, teacher, or school safety, and absent the
situations described above where formal law enforcement intervention is deemed
appropriate, building-level school administrators shall have final authority in the
building.

Model Language on Minimum Training Requirements
•

Every School Resource Officer shall receive at least 40 hours of pre-service training and 10
hours of annual in-service training on the following topics:
o Child and adolescent development and psychology;
o Positive behavioral interventions and supports (PBIS), conflict resolution, peer
mediation, or other restorative justice techniques;
o Children with disabilities or other special needs; and
o Cultural competency.

Model Language on Promoting Non-Punitive Approaches
to Student Behavior
•

The School Resource Officer shall be familiar with and trained in all programs adopting
non-punitive approaches to discipline available in the school district. If a school has
implemented a specific program designed to improve overall school climate or respond to
student behaviors in specific ways, the SRO shall participate in all trainings associated
with that program.

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