HomeMy WebLinkAbout25-129 Resolution No. 25-129
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ELGIN
AND THE BOARD OF EDUCATION OF SCHOOL DISTRICT U-46 PROVIDING FOR
SCHOOL RESOURCE OFFICERS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Agreement on behalf of the City of Elgin with the Board of
Education of School District U-46, for school resource officers, in such form as approved by the
Corporation Counsel.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 23, 2025
Adopted: July 23, 2025
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46
PROVIDING FOR A SCHOOL RESOURCE OFFICER
This Agreement is entered into this A(D''day of lA V* ,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").Collectively,the Municipality and the District may be hereinafter
referred to as the"Parties." •
WHEREAS, the District desires to have, on a contract basis, School Resource Officers ("SROs")
detailed to the District's Schools;and
WHEREAS, the Municipality is willing to provide such SROs in exchange for reimbursement
payment as outlined in this Agreement;and
WHEREAS, both the 1970 Illinois Constitution, (Article VII, Section 10)and the Intergovernmental
Cooperation Act, 5 ILCS 220/1 et seq.,authorize and encourage intergovernmental cooperation; and
WHEREAS,both the Municipality and the District are interested in promoting the safety and security
of the staff,students and school premises in the District;and
WHEREAS, the Municipality and the District have previously entered into Intergovernmental
Agreements regarding the same subject matter as this Agreement,and the parties hereto intend that all
such previous Intergovernmental Agreements regarding the subject matter hereof are hereby
terminated, and that this Agreement shall supersede and supplant any and all such prior
Intergovernmental Agreements between the parties hereto regarding the subject matter hereof.
NOW,THEREFORE, in consideration of the promises,covenants,terms and conditions set forth in
this Agreement, the parties hereto agree as follows:
I. INCORPORATION OF RECITALS
The foregoing recitals are incorporated into and made a part of this Agreement as if fully set forth
herein.
IL TERM
The services under this Agreement shall commence on August 11, 2025 and continue in full force and
effect until May 28,2026.
III. PURPOSE
A. The purpose of the SRO Program is to facilitate, promote, and help maintain a safe, secure,
and nurturing school learning environment that is flexible in meeting the academic,social,and
emotional needs of each student.
B. The goal of the program is to reduce crime, create a safe school environment, and provide a
law enforcement resource to school administrators, teachers, and students. By establishing a
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working relationship with school personnel, a cooperative effort to prevent juvenile
delinquency is formed. In order to ensure an efficient and cohesive SRO program, the
Municipality's Police Department and District will build a positive relationship between law
enforcement, students,and school employees.
C. It is further the goal of the District that school discipline be administered through the Student
Code of Conduct focusing on keeping students within the classroom setting. School-based
infractions shall be addressed primarily by using student-based interventions that improve
school safety and academic performance for all (e.g. classroom interventions, counseling
services, restorative justice, peer mediation, etc.), and not focused primarily on using
exclusionary,punitive measures,or arrests.It is the responsibility of District teachers and other
District educators to respond to inappropriate student behavior in a way that supports personal
growth and learning opportunities for all students.
IV. OBLIGATIONS AND RESPONSIBILITIES
A. Organizational Relationships
1. The SRO will remain an employee of the Municipality and all personnel rules
applicable to the Municipality police officers shall continue to apply to the SRO, and
the SRO will at all times abide by all personnel rules of the Police Department. The
Municipality is fully responsible for all employee-related obligations. The
Municipality will assign officers to the District to serve as SROs on a full-time basis.
2. The SRO will report to the school's principal and assistant principal. The District will
furnish the following to accomplish the objectives set forth herein: Private office,
District computer with unique system login for each SRO, District office phone, login
for appropriate/necessary viewing access to interior and exterior District surveillance
camera images and recordings (duplication or downloading in any manner is not
permissible), Key Fob for building access, VLAN and IP based access through the
District computer network that allows the SRO access to municipal computer systems,
and a District two-way radio with frequencies for all District schools and District area
wide networks.
B. SRO Qualifications
I. The Municipality will be responsible for ensuring training standards qualification of
SRO's assigned to the schools as established by the Illinois Law Enforcement Training
Standards Board under 50 ILCS 705/10.22. The Municipality will provide to the
School District a certificate of completion, or approved waiver, issued by the Illinois
Law Enforcement Training Standards Board under Section 10.22 of the Illinois Police
Training Act [50 ILCS 705/10.22] indicating that the SRO candidate has completed
the requisite course of instruction in the applicable subject areas within one year of
assignment, or has prior experience and training which satisfies this requirement.
2. The selection process will include a collaborative interview process of the qualified
applicants by the school, District administration, and the Police Department
administration. The Municipality will provide to the District qualified candidates to
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interview for assignment at District sites. After the interview process,the District will
provide the Municipality with an order of preference in candidates. Of those
candidates, the final selection will be made by the Municipality's Chief of Police in
their sole discretion. SRO candidate minimum qualifications are as follows:
a. Special interest and understanding of juveniles, Juvenile Law, constitutional
protections, and their problems and concerns;
b. Strong, effective leadership abilities;
c. Positive and proactive attitude,excellent interpersonal and problem-solving skills,
ability to resolve conflicts,and excellent verbal and written communication skills;
d. Self-motivated,and an ability to work with minimal supervision;
e. Ability to interact effectively and productively with the Police Department,courts,
school staff, students and parents;
f. Experience in and knowledge of drug and gang awareness;
g. Non-probationary Police employee;
h. Excellent attendance record.
C. SRO Professional Development
The District will provide a minimum of three professional development training sessions for
SROs each year. These training sessions are required by all SROs annually:
1. Crisis Prevention Institute(CPI)Non-Violent Crisis Intervention foundational course
Modules 1,2,3,4, 7 and 8,(not including any physical safety or physical
holds/restraints- Modules 5 and 6).This is a 6 hour professional development course
used for U-46 staff. The purpose of this training for SROs is to develop common
language,common awareness,and common response familiarity when U-46 staff and
SROs respond to student escalations.This course will be provided in August of each
school year by a U-46 CPI Certified Instructor coordinated by the School Safety
Department.
2. Student Special Needs Awareness in Autism and Special Education.This professional
development will be provided by the U-46 Student Specialized Services department
and includes an overall awareness and situational understanding of students with
special needs. This training session will be 2.5 hours and be provided by a U-46
professional from the Student Specialized Services department.
3. Professional Development, consistent with 105 ILCS 5/10-22.6(c-5), regarding: the
adverse consequences of school exclusion and justice-system involvement, effective
classroom management strategies,culturally responsive discipline,the appropriate and
available supportive services for the promotion of student attendance and engagement,
and developmentally appropriate disciplinary methods that promote positive and
healthy school climates.
D. SRO Duties and Responsibilities
1. The District retains the right to add, delete, and update essential job duties and
responsibilities as necessary, subject to approval of the Municipality. •
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2. The duties and responsibilities of the SRO assigned to the District include,but are
not limited to, the following:
a. SROs act in the role of law enforcement officer but shall not enforce school
rules or policies or become involved with matters that are strictly school
discipline issues. The SRO shall have no authority to be present during the
questioning of students for issues relating to student discipline unless
specifically authorized by school administration. In carrying out the duties and
responsibilities of the SRO, the SRO is imbued with all powers of a sworn
municipal law enforcement officer, such that when the SRO believes that the
actions of a student or other persons constitute a violation of law or ordinance
the SRO is authorized to act accordingly. It is understood and agreed that the
SRO shall not be authorized to detain a student unless:
i. the SRO personally observes an individual commit an act which the
officer believes to be a violation of the law or has reasonable suspicion
to detain a student in accordance with Terry v Ohio standards,or
ii. specifically authorized to do so by school administration.
See also 105 ILCS 5/22-88; I05 ILCS 5/10-22.6(e).
b. Promote safety on school premises by reducing crime and fear of crime and by
coordinating both parties' efforts to provide a safe and nurturing school
learning experience that is flexible in meeting the academic, social, and
emotional needs of each student.
c. Violence prevention activities with students and led by students.
d. SROs will serve in a support role and participate in violence prevention
activities developed by school administrators and teachers. in an effort to
develop and enhance student voice and student leadership in violence
prevention and violence prevention activities. Examples of programs that work
to enhance these activities,and are supported by U-46 District Administration,
are:
i. the Sandy Hook Promise program, the Start with Hello program
(Bullying prevention, relationship building, climate and culture), and
Say Something program (for violence prevention).
ii. Run, Hide, Fight - School Safety Law Enforcement Drills based on
FEMA IS-907: Active Shooter, What You Can Do.
e. The SRO will serve as their assigned school's point of contact for school safety
drills,attending all Run,Hide, Fight school safety drills,providing after-action
feedback to principals,school administration,and staff.
f. Serve as the liaison between the school administration and the Municipality's
Police Department for any training, pre-planning, response planning and
coordination with the District's Safety Department.
g. Provide information and give presentations to students, staff and parents to
support and empower schools to be welcoming centers of family and
community engagement.
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h. Appear and testify in court proceedings and school suspension review and
expulsion hearings as necessary, unless said appearance and/or testimony
would interfere with any pending or reasonably contemplated law enforcement
proceedings and/or criminal investigation.
i. Be proactive in identifying and addressing patterns of delinquency,street gang
membership and activity and problem areas around the school to strive toward
prevention, operational excellence and efficiency.
j. Assist school personnel with managing escalated and agitated individuals,
crowd control and vehicle traffic patterns to strive toward prevention,
operational excellence and efficiency.
k. Maintain open communication with school personnel in an attempt to identify
individuals or conditions that could result in delinquent behavior, formulate
prevention plans and identify proactive solutions.
1. Perform all duties in connection with this Agreement according to the District's
policies concerning nondiscrimination and anti-harassment.
E. Crime Reports and Notification of Arrest or Law Enforcement Action
1. SROs are required to maintain and submit a monthly crime report to the Director of
School Safety, which includes reported crimes and arrests that occurred on school
property.
2. Unless exigent circumstances exist, if the SRO (or police officer working in the
absence of the SRO under this agreement)arrests a student for a school-related offense,
the SRO will report that arrest or law enforcement action to the school principal.
3. Unless exigent circumstances exist, if the SRO (or police officer working in the
absence of the SRO under this agreement) arrests a District school employee or
contracted employee for an offense related to their duties as employees or contracted
employees of the School District, the SRO(or police officer working in the absence of
the SRO under this agreement), will report that arrest or law enforcement action to the
school principal or to the Director of School Safety.
4. The Municipality will provide the District with a copy of the Municipality's current
Body-Worn Camera (BWC) use policies/procedures. SROs who are equipped with a
body-worn camera will utilize the BWC during the course of their official duties when
on U-46 property as required by law. If an SRO turns on their BWC during the course
of their official duties while on school premises, the SRO shall promptly notify their
school principal.The principal will ensure the District's student record system correctly
documents the behavior incident and the BWC indicator is marked properly by entry
of the behavior event in the District's student information system and checking the
BWC box to indicate that a BWC video exists. Any such film or video taken by, and
kept in the possession of the Municipality/police department may be considered law
enforcement records under the Family Educational Rights and Privacy Act (FERPA)
(20 U.S.C. §1232g and 34 C.F.R. §99.8)and Ill. School Student Records Act(1SSRA)
(105 ILCS 10/2(d)).Any copy of such film or video,if permitted by law to be provided
to the District, may become an educational record of the District. In the event a student
parent/guardian requests their student records, the BWC indicator will be reported to
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the parent/guardian and the school administration will direct the parent/guardian to the
police department to submit a request for records pursuant to the Freedom of
Information Act if the parent/guardian so chooses.
V. ASSIGNMENT & STAFFING
A. Assignment
The Municipality will assign qualified, trained officers to serve as SROs for eight (8)
hours per school day during the full school calendar year. The Municipality will assign
SROs to the following schools and/or assignments:
Elgin High School Abbott Middle School
Larkin High School Kimball Middle School
Dream Academy/Central Schools Program Ellis Middle School
Larsen Middle School
Municipal Operational Considerations
1. Additional Services. Any and all necessary backup services, including equipment and
personnel, required to assist SROs in the performance of their obligations under this
Agreement shall be at the sole discretion and control of the Chief of Police of the
Municipality.
2. Unusual Circumstances. In unusual circumstances affecting the operational needs of
the Municipality,as determined by the Chief of Police,the number and availability of
officers serving as SROs within the District may be modified at the discretion of the
Chief of Police. Any such modification will be accompanied by reasonable notice to
the District and correlating adjustments in invoices by the Municipality and or
reimbursements by the District.
B. SRO Availability
1. SRO training sessions will be scheduled on school professional development days,
institution days and school holidays, when possible. The SRO may be required to
attend training sessions during a duty day.
2. In the event of the unavailability of an SRO due to sickness, injury,use of benefit time,
or any other reason, the SRO will be temporarily replaced by another Municipality
officer as determined by the Chief of Police at no additional cost to the District. The
Municipality will provide prompt notice to the applicable school as to the nature of the
absence, the expected duration, and the identity of the replacement SRO. The
replacement SRO must be appropriately trained pursuant to section IV of this
agreement.
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VI. RECORDS
A. District and School Student Records
I. All records maintained or created by the District, school staff members, or students
shall be the sole property of the District and shall be maintained by the District in
accordance with all applicable State and federal laws and regulations.
2. State and federal laws and regulations govern the release of school student records.The
Municipality and any entity handling school student records on its behalf shall comply
with the Family Educational Rights and Privacy Act(FERPA)(20 U.S.C. §1232g and
34 C.F.R. §99.8), the Illinois School Student Records Act, 105 ILCS 10/1 et seq.; the
Freedom of Information Act,5 ILCS 140/1,et seq.;and all corresponding regulations.
B. Municipal Records
All records maintained or created by the police department shall be the sole property of the
Municipality and shall be maintained by the Municipality in accordance with all applicable
State and Federal laws and regulations. The parties further agree to comply with all state and
federal laws and regulations,including a reciprocal reporting memorandum of understanding,
if applicable, governing the release of these records.
VII. COSTS and COMPENSATION
A. Invoices and Reimbursement
1. The Municipality is responsible for the costs and compensation of SROs.
2. The Municipality will pay the costs associated with providing SROs as agreed upon
and will submit an invoice to the District in 10 monthly increments. The District will
reimburse the Municipality for assignment of SROs as provided herein. At the start of
the term of this agreement,and anytime thereafter when additional officers are selected
for SRO positions, the Municipality shall provide the District with a statement in a
form substantially similar to Exhibit A,attached hereto and made a part hereof,setting
forth the itemized reimbursement amounts for assignment of the SRO. The amounts
will reflect a non-probationary police officer's salary and hourly overtime rate.
B. Overtime
1. The Municipality will submit an invoice to the District on a monthly basis for all
overtime costs.The District will reimburse the Municipality for overtime costs incurred
by the Municipality in the event that a school principal or other District administrator
requests the SRO for school sponsored events/activities. The District will not pay
unapproved overtime.
2. All overtime hours must first be approved by the school's principal or the Director of
School Safety. Oral requests for overtime services made less than 24 hours before the
commencement of the overtime shall constitute District approval of the overtime hours;
all other requests for overtime shall be in writing and delivered to the SRO more than
24 hours in advance of the commencement of the overtime work.
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3. SROs will submit overtime reports on a weekly basis to the respective principals or the
Director of School Safety for approval on the District's designated form for accounting
purposes. The SRO will also complete a Municipality overtime form and submit the
same for their supervisors for approval.
VIII. INDEMNIFICATION
A. District Indemnification
The District shall and hereby does indemnify, defend, and hold harmless the Municipality, its
officials, officers, agents, employees and assigns against any claims, demands, loss, costs and
expenses, including the cost of reasonable attorneys' fees for the defense thereof, arising from or
in connection with the negligence or willful and wanton misconduct of the District or its
employees, volunteers,and/or agents,provided that said claims,demands,costs and expenses have
not been caused by the negligence or willful and wanton misconduct of the SROs,the Municipality,
its officers or employees. In the event of any action covered by the foregoing duty to indemnify,
defend,and hold harmless,such action shall be defended by legal counsel of District's choosing
B. Municipality Indemnification
The Municipality shall and does hereby indemnify, defend, and hold harmless the District, its
employees, volunteers and agents against any claims,demands, loss, costs and expenses including
the cost of reasonable attorneys' fees for the defense thereof, arising from or in connection with
the negligence or willful and wanton misconduct of the SROs, the Municipality, its police
department or its employees provided that said claims,demands,costs and expenses have not been
caused by the negligence or willful and wanton misconduct of the District, its employees,
volunteers, and/or agents. In the event of any action covered by the foregoing duty to indemnify,
defend, and hold harmless, such action shall be defended by legal counsel of the Municipality's
choosing.
C. Duties and Benefits
Notwithstanding any provisions herein to the contrary, this Agreement is entered into solely for
the benefit of the contracting parties, and nothing in this Agreement is intended, either expressly
or impliedly, to provide any right or benefit of any kind whatsoever to any person and entity who
is not a party to this Agreement or to acknowledge,establish or impose any legal duty to any third
party. Nothing herein shall be construed as an express and/or implied waiver of any common law
and/or statutory immunities and/or privileges of the District and/or the Municipality and/or any of
their respective officials, officers,employees,volunteers and or/agents.
D. Defenses
Notwithstanding any provisions herein to the contrary,the insurance company,self-insurance pool,
risk pool provider, self-insured party, or similar entity of the party providing the indemnification
shall be allowed to raise,on behalf of the other party,any and all defenses statutory and/or common
law to such claim or action which the other party might have raised, including but not limited to
any defense contained within the Illinois Local Governmental and Governmental Employees Tort
Immunity Act, 745 ILCS 10/1-101 et seq.
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IX. GENERAL PROVISIONS
A. Amendment
Any terms or conditions of this Agreement may be deleted or altered only by written agreement,
duly executed by the Municipality and the District.
B. Severability
If any provision of this Agreement shall be held or deemed to be,or shall in fact be inoperative or
unenforceable in any particular case or in all cases for any reason,this shall not render the provision
in question inoperative or unenforceable in any other case or circumstances, or render any other
provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The
invalidity of any one or more phrases, sentences, clauses or sections contained in the Agreement
shall not affect the remaining portions of the Agreement or any part thereof.
C. Interpretation
Any headings of the Agreement are for convenience of reference only and do not define or limit
the provisions thereof. Words of gender shall be deemed and construed to include correlative
words of other genders. Words importing the singular shall include the plural and vice versa,unless
the context shall otherwise indicate. All references to any such person or entity shall be deemed to
include any person or entity succeeding to the rights, duties, and obligations of such person or
entity succeeding to the rights, duties, and obligations of such person or entity in accordance with
the terms and conditions of the Agreement.
D. Assignment/Binding Effect
Neither party hereto may assign their respective rights and duties hereunder except upon prior
written consent of the other party. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective assigns, legal representatives and successors in interest.
E. Waiver of Breach
If either party waives a breach of any provision of this Agreement by the other party,that waiver
will not operate or be construed as a waiver of any subsequent breach by either party or prevent
either party from enforcing such provisions.
F. Merger Clause, Amendment
This Agreement sets forth all of the entire understanding of the parties relative to the subject hereof
and supersedes any and all prior agreements,express or implied,oral or written.No amendment or
modification of this Agreement shall be effective unless reduced to writing and executed by the
parties hereto.
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G. Legal Compliance
The Municipality and the District shall at all times observe and comply with the laws,ordinances,
regulations and codes of federal, State,county and other local government agencies,which may in
any manner affect the performance of this Agreement.
H. Governing Law
This agreement shall be subject to and governed by the laws of the State of Illinois. Th venue for
the resolution of any disputes or the enforcement of any rights arising out of or in connection with
this Agreement shall be in the Circuit Court of Kane County, Illinois.
I. Relationship of the Parties
Nothing contained in this Agreement, nor any act of the Municipality or the District, respectively,
shall be deemed or construed by any of the parties hereto or by third persons, to create any
relationship of a third-party beneficiary, principal, agent, limited or general partnership, joint
venture, or any association or relationship involving the Municipality or the District respectively.
J. Execution
This agreement may be executed in counterparts, each of which shall be an original and all of
which shall constitute one and the same agreement. For the purposes of executing this agreement,
any signed copy of this agreement transmitted by e-mail shall be treated in all manners and respects
as an original document. The signature of any party on a copy of this agreement transmitted by e-
mail shall be considered for these purposes as an original signature and shall have the same legal
effect as an original signature. Any such e-mailed copy of this agreement shall be considered to
have the same binding legal effect as an original document. At the request of either party any e-
mail copy of this agreement shall be re-executed by the parties in an original form.No party to this
agreement shall raise the use of e-mail as a defense to this agreement and shall forever waive such
defense.
K. Termination
Either party may terminate this Agreement at any time by providing the other party with at least 6
months prior written notice of such termination. In addition, the parties may terminate this
Agreement by mutual consent and agreement. In the event of emergency,safety issue,or any other
condition that constitutes a substantial threat to the health or safety of students,employees or others
at the school or District,as determined by the District in its sole reasonable discretion,the District
may immediately suspend this Agreement until such condition has been remedied to the District's
satisfaction.
L. Notice
Any and all notices required to be delivered hereunder shall be deemed delivered when and if
personally delivered, or mailed by registered or certified mail, return receipt requested, postage
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prepaid (or sent by a recognized overnight courier service with instructions and payment for
delivery on the next business day)to the parties as set forth below:
If to the District:
Superintendent, School District U-46, 355 East Chicago Street, Elgin, IL 60120-6543
If to the Municipality:
Chief of Police, Elgin Police Department, 151 Douglas Ave., Elgin, IL.
Either party hereto may change the names and address of the designee to whom notice shall be sent
by giving written notice of such change to the other party hereto in the same manner as all other
notices are required to be delivered hereunder. Notice as provided herein does not waive service
of summons or process.
MUNICIPALITY: City of Elgin U-46 SCHOOL DISTRICT: Board of Education
_tS_-__-___......____--- �41 fin 5
u r 'y President School Board President
Signature Signature
d er q-seZ5 -
Daic Date
ATTEST:
bt•cici itek-4)('S —1744tuOlgY1
Municipality Clerk School Ward Secretary 44041t.
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Date
Date
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EXHIBIT A:
2025-2026 COST ESTIMATE WORKSHEET
POLICE DEPARTMENT NAME
Number of Total Estimated Regular Hourly Annual Regular
Officers Annual Regular Rate for Cost Calculation
Assigned Hours Reimbursed (Total Regular flours x
(#of Officers x 8 Costs Regular Rate)
Assignment Locations hour days)
School Name: Elgin High School I
School Name: Larkin High School I
School Name: Dream Academy/CSP
School Name: Larsen Middle School
School Name: Abbott Middle School
School Name: Kimball Middle School
School Name: Ellis Middle School I
School Name:
School Name:
-c 0Z 40
2025-2026 School Year Calendar, First Date: August 11,2025 Last Date: May 28,2026
2025-2026 School Year Calendar Days(ilk): 176 Instructional Days for Students
2025-2026 School Year SRO Overtime Hourly Rate:_ -1 o9"
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