HomeMy WebLinkAbout25-1021 U46 RECIPROCAL REPORTING MEMORANDUM OF UNDERSTANDING
BETWEEN SCHOOL DISTRICT U-46 and THE CITY OF ELGIN
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This Memorandum of Understanding ("MOU") entered into this 2I day of
CICb4'/►' , by and between the City of Elgin, Illinois, a municipal corporation
(the "Municipality") and the Board of Education of School District U-46 (the "District").
WHEREAS, this MOU is authorized by the Illinois Constitution of 1970 and the
Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), providing for the execution of
agreements and implementation of cooperative ventures between public agencies of the State
of Illinois; and
WHEREAS, Section 10-20.14 of the School Code (105 ILCS 5/10-20.14) mandates and
authorizes a reciprocal reporting system between the School District and local law enforcement
agencies regarding criminal offenses committed by students; and
WHEREAS, the Family Educational Rights and Privacy Act (20 USC 1232g(b)) provides
that confidential student record information may be disclosed without parental consent to state
and local officials or authorities to whom such information is specifically allowed to be reported
or disclosed pursuant to State statute if (1) the allowed reporting or disclosure concerns the
juvenile justice system and such system's ability to effectively serve, prior to adjudication, the
student whose records are released; and (2) the officials and authorities to whom such
information is disclosed certify in writing to the educational agency or institution that the
information will not be disclosed to any other party except as provided under State law without
the prior written consent of the parent of the student; and
WHEREAS, the Illinois School Student Records Act (105 ILCS 10/6(a)(6.5)) provides
that confidential student record information may be disclosed without parental consent to
juvenile authorities when necessary for the discharge of their official duties who request
information prior to the adjudication of the student and who certify in writing that the information
will not be disclosed to any other party except as provided by law or order of court; and further
defines juvenile authorities, which definition includes, but is not limited to, law enforcement
officers judges, probation officers, prosecutors, and individuals authorized by court; and
WHEREAS, Section 10-20.14 of the Illinois School Code (105 ILCS 5/10-20.14(b)),
authorizes a reciprocal reporting system between the school district and local law enforcement
agencies regarding criminal offenses committed by students; and
WHEREAS, Sections 1-7(A)(8) and 5-905(h) of the Juvenile Court Act (705 ILCS
405/1-7(A)(8); 705 ILCS 405/5-905(1)(h)) govern juvenile law enforcement records; and
WHEREAS, the Parties have determined they must foster cooperation and improve the
flow of appropriate information between the Municipality and the School District in order to
provide a safe, healthy, and violence-free school environment; and
WHEREAS, the Municipality and School District recognize the need for educators and
law enforcement to share Information if there is an imminent threat of physical harm to students,
school personnel, or others who are present in the school or on school grounds; and
WHEREAS, for the purpose of this MOU:
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"Juvenile Law Enforcement Records" includes records or documents maintained by any law
enforcement agency relating to a minor or a juvenile suspected of committing an offense (i.e.
arrest report, station adjustments, fingerprints, probation adjustments, notice to appear);
however, does not include records identifying a juvenile as a victim, witness, or missing juvenile
and any records created, maintained, or used for purposes of referral to programs relating to
diversion as defined at 705 ILCS 405/5-105 (6).
Ref: 705 ILCS 405/1-3 (8.2) (P.A. 100-1162, effective December 20, 2018)
"Minor" means a person under the age of 21 years subject to the Juvenile Court Act.
Ref: 705 ILCS 405/1-3
"Appropriate School Official" means the individual designee(s) at the School District and/or
school building appointed to receive, report, and coordinate the law enforcement records or
school information that is the subject of this MOU.
"Student Information" is information pertaining to student activity that poses an imminent threat
of physical harm to students, school personnel, or others who are present in the school or on
school grounds.
NOW THEREFORE, the Parties hereby agree as follows:
The Municipality Agrees to:
1. Provide, maintain, and update as needed, a contact information list of Municipal
Personnel responsible for the receipt, dissemination, and coordination of Juvenile Law
Enforcement Records and School Information with the District.
2. Provide a copy of the Reciprocal Reporting MOU to Juvenile Law Enforcement Officers,
including School Resource Officers assigned to District Schools within the Municipality.
3. Except as provided in this MOU, provide oral information only (and not written law
enforcement records) to appropriate school officials about a minor who is the subject of a
current police investigation that is directly related to school safety.
Ref: 705 ILCS 405/5-905 (1)(h)(B)( P.A. 97-1104, effective January 1, 2013).
4. When necessary for the discharge of their official duties and a law enforcement officer
believes that there is an imminent threat of physical harm to any person present on
school grounds, the Municipality will disclose juvenile law enforcement records
maintained by law enforcement agencies or records of municipal ordinance violations
maintained by any State, local, or municipal agency that relate to a minor who has been
investigated, arrested, or taken into custody before his or her 18th birthday, to the extent
permitted by law.
a. Inspection and copying will be limited to juvenile law enforcement records
transmitted to the appropriate school official or officials whom the school has
determined to have a legitimate educational or safety interest by a local law
enforcement agency concerning a minor enrolled in a school within the school
district who has been arrested or taken into custody for any of the following
offenses:
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i. any violation of Article 24. "Deadly Weapons" [720 ILCS 5/24-1 et seq. or
720 ILCS 5/1-1 et seq.];
ii. a violation of the Illinois Controlled Substances Act [720 ILCS 570/100 et
seq.];
iii. a violation of the Cannabis Control Act [720 ILCS 550/1 et seq.];
iv. a forcible felony [720 ILCS 5/2-8];
v. a violation of the Methamphetamine Control and Community Protection
Act [720 ILCS 646/1 et seq.];
vi. a violation of Section 1-2 of the Harassing and Obscene Communications
Act;
vii. a violation of the Hazing Act; or
viii. a violation of Assault and Battery provisions of Article 12 [720 ILCS
5/12-1, 720 ILCS 5/12-2, 720 ILCS 5/12-3, 720 ILCS 5/12-3.05, 720 ILCS
5/12-3.1, 720 ILCS 5/12-3,2, 720 ILCS 5/12-3.4, 720 ILCS 5/12-3.5];
Reckless Conduct [720 ILCS 5/12-5]; Stalking offenses [720 ILCS
5/12-7.3, 720 ILCS 5/12-7.4, 720 ILCS 5/12-7.5]; Mob Action [720 ILCS
5/25-1], or Street gang Activity[720 ILCS 5/25-5]
Ref: 705 ILCS 405/1-7(A)(8) (P.A. 97-1104, eff. 1-1-13) and
705 ILCS 405/5-905(1)(h)(A) (P.A. 97-1104, eff. 1-1-13)
5. Law enforcement will notify the principal of a minor's school if the minor is detained for
proceedings under the Juvenile Court Act of 1987 for criminal offenses or ordinance
violations by providing information as to the basis of the detention, the circumstances
surrounding the events which led to the minor's detention, and status of the proceedings,
and updates as appropriate to notify the principal of developments and the disposition of
the matter.
Ref: 105 ILCS 5/22-20 (P.A. 97-1104, eff. 1-1-13; 98-59, eff. 1-1-14)
6. If law enforcement officers utilize body cameras, in accordance with the Law
Enforcement Officer-Worn Body Camera Act (50 ILCS 701/10-1 et seq.), the Municipality
will promptly provide the District with a copy of the Municipality's written policy regarding
the use of body cameras. The District and Municipality will communicate appropriate
procedures for flagging recordings related to incidents occurring on District property for
retention by the Municipality and for access by the District as otherwise allowed by law.
The school resource officer agreement will address the implementation of the body
camera policy with regard to the school resource officer(s) serving in District schools
pursuant to that MOU.
7. The procedure for detaining or questioning a student on school grounds who is under 18
years of age and who is suspected of committing a criminal act will take place as
provided by law. Ref: 105 ILCS 5/22-88 (P.A. 101-478, eff. 8-23-19)
8. Police officers, other than School Resource Officers, requesting access to students for
non-school related matters will comply with the Student Interview process outlined by
District Policy.
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9. The Municipality's police department will notify the District Coordinator of School Safety
of the status of investigations of incidents occurring on District premises promptly and
within no more than two (2) business days. Where there is an alleged incident involving
sexual conduct or an offense resulting in physical injury occurring on District premises,
the Municipality's police department will immediately notify the District Coordinator of
School Safety of the status of the investigation and provide updates when the
investigation is suspended and or completed.
10. Except where otherwise provided by law, the Municipality will maintain and make
accessible for inspection, all evidence recovered by the District and turned over to law
enforcement at least until both, the District and the Department, investigations are
completed and whether or not the law enforcement's investigation results in an arrest.
11. The Municipality's police department may have access to school student records or
information to the extent provided by law and allowed by District policies.
12. The Municipality's police department will only utilize information contained within student
records for purposes permitted by law. The Department will not redisclose information
contained within student records, except as provided by law.
13. Juvenile records maintained by the Municipality will be kept confidential as provided by
the Juvenile Court Act, (705 ILCS 405/1-7).
The School District Agrees to:
1. Provide, maintain, and update as needed, a contact Information list of Appropriate
School Officials responsible for the receipt, dissemination, and coordination of Law
Enforcement Records and Student Information.
2. Provide a copy of the Reciprocal Reporting MOU to Appropriate School Officials
responsible for the receipt, dissemination, and coordination of Law Enforcement Records
and Student Information.
3. Maintain the confidentiality of all records and communications shared by the Municipality
pursuant to state and federal law. Each school principal shall keep all records shared by
the Municipality in a secure location that is inaccessible to School District personnel,
except on a need-to-know basis. The building principal shall determine which School
District personnel meet the "need-to-know" definition, whom shall generally include: the
student's teacher(s), Central Office administrators, building administrators (in the
building the student attends), and the student's IEP and/or Section 504 team members
(if applicable).
4. Keep the information derived through police oral and or written reports, as set forth
within this MOU, separately from the student's official school record. The information
derived through police oral and or written reports shall not become a part of the student's
official school record or public record and shall be used solely by the appropriate school
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official or officials whom the school has determined to have a legitimate educational or
safety interest to aid in the proper rehabilitation of the student and to protect the safety of
students and employees in the school.
Ref: 705 ILCS 405/5-905 (1)(h)(B) (P.A. 97-1104, eff. 1-1-13)
5. Make referrals to law enforcement, verbally or in writing, as outlined in the District
Student Code of Conduct where the behavior offense committed by is reportable to
police as required by law, the incident caused harm to another person, and/or due to a
concern for the safety and welfare of students, staff, and other persons on District
premises.
6. Notify the Municipality's police department when the safety and welfare of students and
teachers are threatened by:
a. illegal use or possession of drugs (within 48 hours)and alcohol
b, illegal use or possession of weapons
c. bludgeon, knife/blade, explosives, stun gun, or any other dangerous or deadly
weapon or instrument of like character
d. possession of a firearm (immediately)
e. illegal gang activity
f. intimidation (as defined by 720 ILCS 5/12-6)
g. all incidents of battery committed against staff(immediately)
h. abuse, neglect, lock-out and runaway situations
i. vandalism
J. other activities involving student which threaten the safety of students of
community members on or off campus
k. any state or federal crime occurring on school property or at a school event which
might reasonably carry over into the community
REF: 105 ILCS 5/10-21.4a; 105 ILCS 5/10-27.1 B; 105 ILCS 5/10-27.1A; 105 ILCS
5/34-84a.1, (municipal ordinances)(varying effective dates)
7. Where an inspection or search, conducted in accordance with Section 10-22.6 (e) of the
Illinois School Code, produces evidence that a student has violated or is violating either
the law, local ordinance, or the school's policies or rules, such evidence may be seized
by school authorities and turned over to law enforcement authorities.
Ref: 105 ILCS 5/10-22.6 (P.A. 89-610, effective August 6, 1996)
The Parties Agree:
1. Any and all information received by any Party as a result of this MOU shall be kept
confidential by the Parties in accordance with any and all applicable laws, and shall not
be disclosed to another party except as provided by law.
2. This MOU shall become effective on August 11, 2025 or from the date of execution of
this MOU, whichever is later, and continue for one year, and shall automatically renew
from year to year thereafter for a period not to exceed three (3) years unless
terminated earlier by either party.
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3. Any terms or conditions of this MOU may be deleted or altered only by written MOU to
this MOU, duly executed by the Municipality and the District.
4. A Party may terminate their involvement in this MOU by providing thirty (30) days prior
written notice to the other Party.
5. If any provision of this MOU shall be held or deemed to be, or shall in fact be inoperative
in any particular case or in all cases for any reason, this shall not render the provision in
question inoperative in any other case or circumstances, or render any other provisions
herein contained invalid or inoperative to any extent whatever. The invalidity of any one
or more phrases, sentences, clauses or sections contained in the MOU shall not affect
the remaining portions of the MOU or any part thereof.
6. Any notices pursuant to this MOU shall be sent from the School District to:
City of Elgin
Attention: Chief of Police
151 Douglas Ave., Elgin, IL 60120
7. Any notices pursuant to this MOU shall be sent from the Municipality to:
U-46 School District
Attention: Richard Bosh, District Director of School Safety
355 E. Chicago St, Elgin, IL 60120
IN WITNESS THEREOF, the undersigned has entered into this MOU.
MUNICIPALITY CITY OF ELGIN U-46 SCHOOL DISTRICT:
AI )(e-I I tD/ce
Municipality, School Board President
Signs re Signature
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Date Date
ATTE s T:
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Municipality Clerk School Board Secretary
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Signature: Signature
Date Date
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