Common use of Differentiating Disciplinary Misconduct from Criminal Offenses Clause in Contracts

Differentiating Disciplinary Misconduct from Criminal Offenses. School administrators and teachers are responsible for school discipline. Although SROs are expected to be familiar with the school division code of student conduct, the rules of individual schools, and their application in day-to-day practice, SROs should not be involved with the enforcement of school rules or disciplinary infractions that are not violations of law. Consequences of student misconduct should be effective, developmentally appropriate, and fair. Interventions and school sanctions should help students learn from their mistakes and address root causes of misconduct. School administrators will consider alternatives to suspensions and law enforcement officials will consider alternatives to referrals to juvenile court services and arrests for student violations of law. This Agreement, the School Law Enforcement Partnership Guide, and any relevant guidance from the Department of Criminal Justice Services with regard to SROs are all intended to operate in a manner to ensure children with disabilities receive appropriate behavioral interventions and supports. When appropriate, and to the extent the law allows, the Board should notify SROs of any special needs of a student involved in a school-based infraction that is not routine discipline, in order to assist the SRO in recognizing and accommodating behaviors that may be manifestations of the student’s disability. In accordance with School Board Policy JB, any action taken in response to disciplinary misconduct and/or criminal offense will be administered fairly and without regard to race, national origin, disability, religion, gender identity, gender expression, sexual orientation or marital or parental status. Information Sharing The release of student records is governed by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g, and the associated regulations of the U.S. Department of Education as well as Virginia’s student privacy statutes, Virginia Code Sections 22.1-287 et seq., as amended. “School officials” may access and disclose student records only as authorized by XXXXX, its associated Federal regulations and the Virginia Code. In any case of conflict between Virginia law and Federal law, Federal law shall prevail. Consent access. An SRO or other law enforcement officer may have access to a student’s education records with written consent of the student’s parent or of the student if the student is age 18 or older. SRO access. For purposes of access to student records, SROs are considered “school officials” and may be provided student information as needed to carry out their duties related to the school environment. SROs may have access to “directory information”, as that term is defined in the Federal regulations associated with the FERPA, for all students in the school division. SROs may have access to information on students in their assigned schools that include directory information and additional items needed to carry out their duties, such as class schedules, as approved by the school administrator.

Differentiating Disciplinary Misconduct from Criminal Offenses. School administrators and teachers are responsible for school discipline. Although SROs are expected to be familiar with the school division code of student conduct, the rules of individual schools, and their application in day-to-day practice, SROs should not be involved with the enforcement of school rules or disciplinary infractions that are not violations of law. Consequences of student misconduct should be effective, developmentally appropriate, and fair. Interventions and school sanctions should help students learn from their mistakes and address root causes of misconduct. School administrators will consider alternatives to suspensions and law enforcement officials will consider alternatives to referrals to juvenile court services and arrests for student violations of law. This Agreement, the School Law Enforcement Partnership Guide, and any relevant guidance from the Department of Criminal Justice Services with regard to SROs are all intended to operate in a manner to ensure children with disabilities receive appropriate behavioral interventions and supports. When appropriate, and to the extent the law allows, the Board should notify SROs of any special needs of a student involved in a school-based infraction that is not routine discipline, in order to assist the SRO in recognizing and accommodating behaviors that may be manifestations of the student’s disability. In accordance with School Board Policy JB, any action taken in response to disciplinary misconduct and/or criminal offense will be administered fairly and without regard to race, national origin, disability, religion, gender identity, gender expression, sexual orientation or marital or parental status. Information Sharing The release of student records is governed by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g, and the associated regulations of the U.S. Department of Education as well as Virginia’s student privacy statutes, Virginia Code Sections 22.1-287 et seq., as amended. “School officials” may access and disclose student records only as authorized by XXXXXFERPA, its associated Federal regulations and the Virginia Code. In any case of conflict between Virginia law and Federal law, Federal law shall prevail. Consent access. An SRO or other law enforcement officer may have access to a student’s education records with written consent of the student’s parent or of the student if the student is age 18 or older. SRO access. For purposes of access to student records, SROs are considered “school officials” and may be provided student information as needed to carry out their duties related to the school environment. SROs may have access to “directory information”, as that term is defined in the Federal regulations associated with the FERPA, for all students in the school division. SROs may have access to information on students in their assigned schools that include directory information and additional items needed to carry out their duties, such as class schedules, as approved by the school administrator.