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INTERAGENCY AGREEMENT REGARDING AT RISK CHILDRENINTERAGENCY A__[REEMENT By and Among THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, • And The Pinellas County Sheriff's Office And The Cities Of Belleair, Belleair Beach, Clearwater, Gulfport, Indian Shores, Kenneth City, Largo, Pinellas Park, Pinellas County Schools Police Department, St. Petersburg, St. Pete Beach, Tarpon Springs, And Treasure Island THIS INTERAGENCY AGREEMENT ("Agreement") made by and between The School Board of Pinellas County, Florida ("School Board"), the Sheriff of Pinellas County, Florida, ("Sheriff' or "Sheriffs Office") and the municipalities and/or entities of Belleair, Belleair Beach, Clearwater, Gulfport, Indian Shores, Kenneth City, Largo, Pinellas County Schools Police Department, Pinellas Park, St. Petersburg, St. Pete Beach, Tarpon Springs, and Treasure Island ("Cities); (collectively "Parties"). WITNESSETH: • WHEREAS, the Parties are committed to providing appropriate programs and services to prevent children from becoming at risk and to intervene with children already involved in the juvenile justice system, and to complying with their statutory and contractual obligations; and WHEREAS, the Parties desire a maximum degree of long-range cooperation and administrative planning in order to provide for the safety and security of the communities and their children; and WHEREAS, the Parties are committed to improving services to children in the juvenile justice system through sharing of information, eliminating duplication of services and coordinating efforts; and Page 1 of 16 -- WHEIREAS,-the-Parties agree that sharing-resources;--where-feasible, and in particular, training efforts, may result in improved coordination and added • safety; and WHEREAS, it is the understanding of the Parties that certain roles in serving children and youth are required by law and that these laws shall serve as the foundation for defining their respective roles and responsibilities under this Agreement; and WHEREAS, the Parties are committed to ensuring the safety of the educational environment; and WHEREAS, the Parties recognize that the key to safe schools is the fair and consistent enforcement of school discipline policies and procedures and state and federal statutes and regulations; and WHEREAS, the Sheriff's Office, pursuant to §39.3065, Fla. Staff, and a contract with the Florida Department of Children and Families ("DCF"), is the local agency required to perform child abuse, neglect, and abandonment investigations in Pinellas County, Florida, including "institutional investigations"; and WHEREAS, employees of the School Board (institutional employees) are "other persons responsible for a child's welfare" within the meaning of §39.01(48), Fla. Stat., (2006); and WHEREAS, school teachers and other school officials and personnel are "reporters" who are required to report known or reasonably suspected child abuse, abandonment, or neglect by a parent, legal custodian, caregiver, or "other Page 2 of 16 0 --person responsible-fo, the child's ," pursuant to §39.201(1)(a), Fla.- Stai` , - --- and WHEREAS, the School Board, and Sheriff desire to coordinate and facilitate the fulfillment of their respective duties and obligations with respect to the reporting and investigation of child abuse, abandonment or neglect, pursuant to Chapter 39, Fla. Stat., involving those School Board employees who fall within the definition of "other person responsible for a child's welfare," as specifically set forth in §39.01(48), Fla. Stat. (2006); and WHEREAS, the School Board, and Sheriff recognize and desire to protect the rights of teachers and other members of the instructional staff to use necessary and reasonable force to protect themselves or others from injury, in accordance with applicable law; and WHEREAS, the Parties agree that all obligations stated or implied in this 0 Agreement shall be in light of, and consistent with, governing state and federal laws and applicable regulations; and WHEREAS, this Agreement is intended to fulfill the requirements of said laws and regulations; NOW, THEREFORE, in consideration of the premises and of the mutual promises and covenants herein contained, the Parties agree as follows: • Page 3 of 16 SECTION-I: - -- SCHOOL BOARD, SHERIFF, AND CITIES AGREE: • 1. To promote a coordinated effort among agencies and staff to achieve maximum public safety with the goal of protecting the health and welfare of children attending Pinellas County Schools and reducing juvenile crime. 2. To participate in interagency planning meetings, as deemed appropriate by each party to this Agreement. 3. To assign staff, as appropriate by each party to this Agreement, to participate in a consolidated case management system for re-entry into school of children returning from detention or commitment programs, and other information-sharing activities to assess and develop plans for at-risk youth and those involved in the juvenile justice system. 4. To jointly plan, and provide information and access to training opportunities, when feasible. 0 5. To develop internal policies and cooperative procedures as needed to implement this Agreement to the maximum extent possible. 6. To comply with §§ 943.0525, 943.054, and 119.07, Fla. Stat., and other applicable laws, rules and procedures relating to records use, security, dissemination, and retention/destruction; and to maintain confidentiality of information that is otherwise exempt from §119.07(1), Fla. Stat., or made confidential by applicable law. 7. Where no School Resource Officer from a municipality or the Sheriff's Office is regularly assigned at a particular school, the Pinellas County Page 4 of 16 0 --- Scho t; -whenever possible, investigate- ! crime or incidents which occur during normal hours of school operation or during special events for which a Schools Police officer has been assigned, except the following offenses: deaths, felony sex crimes, and felony narcotics violations, which shall all be immediately referred to the local agency having jurisdiction. After normal hours of school operation all incidents requiring a law enforcement response will be referred to the local agency having jurisdiction. Nothing in this section shall prevent a Pinellas County Schools Police Department law enforcement officer from making an on-view arrest in any case where the officer is a witness or has probable cause. 8. Notwithstanding Paragraph 7, Child Protection investigation Division ("CPID") investigators, pursuant to §39.3065, Fla. Stat., and the Sheriff's contract with the Department of Children and Families ("DCF" ), will investigate all 0 reports of child abuse, abandonment or neglect by School Board employees while acting in their capacity as "other persons responsible for a child's welfare"; however, the Pinellas County Schools Police Department (or another police agency with jurisdiction), and the School Board's Office of Professional Standards ("OPS"), may also conduct their own independent investigations of such allegations. However, these independent investigations may not impede the statutorily mandated authority of the child protection investigation. Best practices dictate that the law enforcement agencies, CPID, and OPS work cooperatively when conducting these investigations. Page 5 of 16 9.-----Pursuant te- o Stat., in all child prot«? ---- investigations when the initial interview with the child is conducted at school, a • school staff member who is known by the child may be allowed to be present during the interview, if the CPID investigator believes the staff member could enhance the success of the interview AND the child requests or consents to the presence of the staff member. School staff may be present only as authorized by this section. Information received during the interview or from any other source regarding abuse/neglect of a child shall be confidential in accord with applicable law. A school staff member present for such an interview as authorized by this section shall not maintain a separate record of the investigation. 10. If in the course of a child protective investigation involving a School Board employee, the CPID investigator determines that the subject of the report (the School Board employee) presents a threatened harm to the physical or mental health, or welfare of children, the CPID investigator may restrict the School Board employee's access to children pending the outcome of the investigation. The CPID investigator will work in cooperation with the School Board if such action is deemed necessary. In accordance with applicable law, the restrictive action shall be effective for no more than 90 days without a judicial finding supporting the action(s). 11. The Parties will develop procedures for on-going meetings and will, at least annually review the agreement and if necessary, recommend any changes. Page 6 of 16 0 +n-accordance with §1006.ool-Board will --- • promptly furnish the other Parties with information, and respond to the other Parties' requests for information, concerning suspected felonies, violent misdemeanors, and delinquent acts that would be felonies or violent misdemeanors if committed by an adult, whether committed by students or adults, and whether committed on or off School Board property. 13. The School Board will likewise furnish the CPID investigators with information concerning alleged child abuse, abandonment and neglect by School Board employees acting in their capacity as "other persons responsible for the child's care." 14. Such information may include personally identifiable student information as reasonably necessary under the circumstances in order for the School Board to meet its obligations under §1006.13(3), Fla. Stat. • 15. The Sheriff and the Cities hereby certify that they shall use such personally identifiable student information solely for law enforcement purposes, shall maintain the security and confidentiality of such information, and shall not re-disclose such information to other persons or agencies, except as may otherwise be required by applicable law. SECTION 11: THE SCHOOL BOARD, THROUGH THE SUPERINTENDENT OF SCHOOLS, AGREES TO: 16. Ensure that each principal property informs all school personnel regarding their responsibilities regarding crime reporting, and that all crimes Page 7 of 16 -- shoul reported;-however, that those crimes-listed--befow-in-paragraph- l8 that occur on School Board property, or whenever and wherever children are under is the jurisdiction of the School District, whether by an adult or child are properly reported to their respective School Resource Officer, assigned officer, or in their absence, the law enforcement agency having jurisdiction. 17. Ensure that all felonies and violent misdemeanors shall be reported to law enforcement by the principal or the principal's designee without unnecessary delay, but no later than the end of the school day. Examples of crimes which must be reported include: aggravated assault, aggravated battery, possession of a firearm or any other weapon (to include razor blades, box cutters, and electric weapons), battery on a School Board employee, arson, placement or threats to place a destructive device (bomb threats), robbery, tampering with a witness, extortion, sexual battery, criminal mischief (vandalism) exceeding $1,000, possession of marijuana possession of all other drugs, battery is with injury and fighting (brawling) with injury. When the obligation to report an incident is unclear, school based personnel shall be encouraged to err on the side of caution and report the incident. No student suspect shall be authorized to leave campus prior to a law enforcement response. 18. The timely reporting of other criminal incidents is also critical to the safety of the school environment. Therefore, whenever a non-violent misdemeanor occurs, the principal or principal's designee shall also notify law enforcement as soon as practical. Examples of crimes within this category include petit theft, battery and/or "fighting" (brawling) without injuries. When the Page 8 of 16 40 ---obligation to report an-in ' -sonnel are encouraged-to-err - • on the side of caution and report the incident. 19. Ensure that in the case of non-violent felonies where there is a possibility of violence, the principal or principal's designee notifies the School Resource Officer ("SRO") or the law enforcement agency having jurisdiction immediately. 20. Ensure that in the case of any weapons offense (as defined in Chapter 790, Fla. Stat) the principal or principal's designee shall notify the SRO or the law enforcement agency having jurisdiction immediately. When dealing with a reported firearm/weapon, school based personnel shall take no actions, prior to notifying law enforcement, other than those actions required to protect themselves or another person from imminent harm. 21. Ensure that when a crime occurs and there is any physical • evidence that the principal or the principal's designee involved shall secure the evidence and surrender it to law enforcement without necessary delay. No evidence shall be left on campus over night. 22. Ensure that because of the complexities involved in the investigation and prosecution of criminal cases, school based personnel work collaboratively with law enforcement to ensure that cases are properly investigated and successfully closed in a timely manner. 23. Consider simple batteries that occur between students at the elementary level as "special circumstances" so that the reporting of these offenses to a law enforcement agency shall be limited to those instances where Page 9 of 16 -the-parents or legal guardians of the victim child rest-that the incident be reported and prosecuted, or at the discretion of school personnel who feel that • law enforcement involvement is desirable. 24. Immediately report all incidences of statements made by students or staff of threats of harm to themselves or others to the SRO if available, or in his/her absence, the law enforcement agency having jurisdiction. SECTION III THE CITIES AND THE SHERIFF AGREE THAT: 25. Individual School Resource Officers ("SRO") or their respective agencies shall notify their respective principal or principal's designee whenever a student is arrested for a crime which occurred on School Board property or other areas under School Board jurisdiction (e.g. bus stops), or when there is a current investigation underway regarding student involvement in a campus crime, unless the sharing of such information may compromise the successful closure of the case. School Resource Officers shall also notify the principal or principal's designee whenever a student is taken into custody at school or at a school function by a law enforcement agency. 26. Individual law enforcement agencies, in lieu of releasing a written police report in student discipline cases, may provide upon request, written information to the principal or principal's designee in cases that will result in a recommendation for serious disciplinary action. 27. Individual SROs shall work collaboratively with the principal or principal's designee in the investigation of criminal activity, keeping in mind the Page 10 of 16 0 - speci -the need for school-based persenm+toAx • able to investigate and pursue discipline in a thorough and timely manner. 28. School Resource Officers shall assist when requested, in the training of administrative personnel regarding criminal law, and the reporting requirements as outlined in this Agreement. 29. When dealing with reported minor incidents, nothing shall preclude the School Resource Officer from diverting the offender to appropriate school- based discipline, where appropriate and authorized by department policy and applicable law. 30. The Sheriff and Cities will immediately provide notification, via fax (727-545-6505) or phone, to the superintendent of school's designee (the Pinellas County Schools Police Department) the identity of all students (adult and juvenile) within the Pinellas County education jurisdiction arrested for crimes of violence or violations of law which would be a felony if committed by an adult. The notification shall include the name, address, date of birth, charge and school attended of the arrested student. See §§ 985.04(7)(a) and 985.207, Fla. Stat 31. The Pinellas County Schools Police Chief will provide Florida summary criminal history information to the Superintendent upon request, regarding students enrolled or about to be enrolled in the Pinellas County education system when necessary for assessment, placement or security of persons or property, and will provide school records to authorized members of the Department of Juvenile Justice upon written request. See §985.04(3)(a), Fla. Stat 0 Page 11 of 16 32 -- The Pinellas C nty-Schools Police Chief will ensure that information disseminated carries an appropriate warning, regarding the, • confidentiality and control of further dissemination. See FDLE CJIS/User Agreement; §943.0525, Fla. Stat. 33. The Sheriff and the Cities shall notify the superintendent of school's designee (the Pinellas County Schools Police) within 48 hours of the name of any employee of the school district who is charged with a felony or with a misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance. Notification to the Pinellas County Schools Police shall include the specific charge for which the employee was arrested. See §1012.797 (1), Fla. Stat. THE SCHOOL BOARD AND SHERIFF AGREE: 34. The School Board's Office of Professional Standards, telephone: 727-588-6472, shall be the contact entity for purposes of coordinating the reporting and investigation of alleged "child abuse, abandonment or neglect' occurring on or within school grounds. 35. The Superintendent, or designee, will arrange for training of school based personnel in the requirements for reporting child abuse, abandonment, or neglect pursuant to §39.201(1), Fla. Stat Sheriff's Office CPID staff may be asked to assist in such training. 36. In accordance with §1003.32(1)(j), F.S., teachers and members of the instructional staff are entitled to use "reasonable force" to protect themselves Page 12 of 16 • -- - and othersilrorn juries. Such "reasonable 'tote-child abuse - by definition. 37. Pursuant to §1006.11(2), F. S., except in cases of excessive force or cruel and unusual punishment, which shall be reportable by School Board employees, as required by §39.201(1), Fla. Stat., a teacher or other member of the instructional staff, a principal or the principal's designated representative or a school bus driver shall not be civilly or criminally liable for any action carried out in conformity with the State Board of Education and School Board rules regarding the control, discipline, suspension, and expulsion of students, including but not limited to, any exercise of authority under §§1003.32 or 1006.09, F.S. 38. Except for the reporting and investigation of child abuse, abandonment and neglect, the School Board's contact person with respect to the implementation of this Agreement is the Chief, Pinellas County Schools Police. • The contacts for the Sheriff and the Cities are as set forth in their signature blocks below. 39. This Agreement shall become effective upon execution by all parties. 40. This Agreement replaces the "INFORMATION SHARING AGREEMENT BETWEEN PINELLAS COUNTY SCHOOLS AND PINELLAS LAW ENFORCEMENT' of April 2000, which Agreement is terminated as of the effective date of this Agreement. This Agreement shall remain in force until modified in writing signed by all parties. is Page 13 of 16 - -- 4 1 . Notwithstanding contrary statutory-obfigatio ay-- -- -- terminate this Agreement as to itself upon 30 days written notice to the other Parties. Such termination shall not affect the rights and obligations of the remaining Parties under this Agreement. IN WITNESS WHEREOF, the School Board, the Sheriff, and the Cities have caused this Agreement to be executed by their undersigned officers, duly authorized. Date: Date: / 6 "1-1-a b ,/The School Board of Pinellas County, Florida By: Carol J. ok, Chairperson SEP 2 6 200& im Coats L Pinellas County Sheriff Attest: -480 Cla on M. Wilcox, Ed.D. Superintendent Approved as to form and legality: James A. Robinson, Esq. School Board Attorney Date: Belleair Police Department Date: Belleair Beach Police Department Page 14 of 16 • • r? 41. Notwithstanding contrary statutory obligations, any party may terminate this Agreement as to itself upon 30 days written notice to the other Parties. Such termination shall not affect the rights and obligations of the remaining Parties under this Agreement. IN WITNESS WHEREOF, the School Board, the Sheriff, and the Cities have caused this Agreement to be executed by their undersigned officers, duly authorized. Date: Date: / b -// o 6 The School Board of Pinellas County, Florida By: Carol J. QjOok, Chairperson im Coats SEP 2 6 2006 Pinellas County Sheriff • Attest:1 ?N Cla on M. Wilcox, Ed. D. Superintendent Approved as to form and legality: James A. Robinson, Esq. School Board Attorney Date:1.2 - t -o c 1-,4. .--. Belleair Police Department Date: Belleair Beach Police Department Page 14 of 16 0 41. Notwithstanding contrary statutory obligations, any parry may • terminate this Agreement as to itself upon 30 days written notice to the other Parties. Such termination shall not affect the rights and obligations of the remaining Parties under this Agreement. IN WITNESS WHEREOF, the School Board, the Sheriff, and the Cities have caused this Agreement to be executed by their undersigned officers, duly authorized. Date: Date: The School Board of Pinellas County, Florida By: Carol J. Cook, Chairperson Jim Coats Pinellas County Sheriff Date: Attest: Clayton M. Wilcox, Ed.D. Superintendent Belleair Beach Police Department Approved as to form and legality: James A. Robinson, Esq. School Board Attorney Date: Belleair Police Department Page 14 of 16 0 Dater 12 06 J /?G CleanNater Police Department Date: 1 Indian Shores Police Departtrrfient Date: /?? ?', ?? . 42av h c r Cargo Police Department Date: 111-211,; Pinellas Park Police Department Itport Police Department Kenneth City Police Department Date: as County Date: St. Petersburg Police Department Attest: City Clerk (Designee) Approved as to content and form: City Attorney (Designee) By: Assistant City Attorney Date: 0 . Page 15 of 16 Date: AOI Date: J© I f l? Date: • I If ,Q J. /,) 44,,? Clearwater Police Department Gulfport Police Department Date: Data: 10- (P-'V .Wt C cL'k Indian Shores Police Department Kenneth City P , Departm ike- nt Date: Largo Police Department as? Cy Date: I Date: Pinellas Park Police Department St. Petersburg Police Department Attest: City Clerk (Designee) Approved as to content and form: City Attorney (Designee) By: Assistant City Attorney Date: Page 15 of 16 • • Date: Clearwater Police Department Date: - Indian Shores Police Department Date: Largo Police Department Date: Pinellas Park Police Department Date: Gulfport Police Department Date: Kenneth City Police Department Date: Pinellas County Schools Police Department Date: oL St. Petersburg Police Department Attest: City Clerk (Designee) Approved as to content and form:W By: City Attorney (Designee) Assistant City Attorney Date: 0 Page 16 of 17 CITY OF ST. PETERSBURG SIGNATURE PAGE ATTEST: m v% City Clerk APPROVED AS TO CONTENT: l City Attorney (designee) CITY OF ST. PETERSBURG, FLORIDA Charles "Chuck" Harmon, Chief of Police Date: , aluz, 0 G APPROVED AS TO FORM 4?'' B. ?i?lLlr? City Attorney (designee) ?f? LSAT. UP a L` ---Date: 4Ste, &Beach_±P::4ice Department Tarpon Springs Police Department • Date:I TIsla Police Department Page 16 of 16