The following District Safety Plan is provided for public inspection and review prior to Board of Education approval on October 17, 2019. Please provide comments/suggestions to the District Safety Committee by corresponding to: firstname.lastname@example.org Thank you.
PROJECT SAVE (Safe Schools Against Violence in Education)
District Safety Plan
For Massena Central
(Commissioner’s Regulation 155.17)
Emergencies and violent incidents in school districts are critical issues that must be addressed in an expeditious and effective manner. Districts are required to develop a District-wide school safety plan designed to prevent or minimize the effects of serious violent incidents and emergencies and to facilitate the coordination of the District with local and county resources in the event of such incidents or emergencies. The District-wide plan is responsive to the needs of all schools within the district and is consistent with the more detailed emergency response plans required at the school building level. The District-wide School Safety Plan provides the framework for the Building-level Emergency Response Plan.
Districts stand at risk from a wide variety of acts of violence, natural, and manmade disasters. To address these threats, the State of New York has enacted the Safe Schools Against Violence in Education (SAVE) law. Project SAVE is a comprehensive planning effort that addresses mitigation/prevention, preparedness, response, and recovery with respect to a variety of emergencies in each school district and its schools.
The Massena Central School District, supports the SAVE Legislation and intends to facilitate the planning process. The Superintendent of Schools encourages and advocates on-going District-wide cooperation and support of Project SAVE.
Section I: General Considerations and Planning Guidelines
The District-wide School Safety Plan was developed pursuant to Commissioner’s Regulation 155.17. At the direction of the Board of Education, the School Superintendent appointed a District-wide Safety Team and charged it with the development and maintenance of the District-wide School Safety Plan.
- Identification of School Teams
The District has created a District-wide School Safety Team consisting of, but not limited to, representatives of the: Superintendent of Schools, Director of Operations and Maintenance, Assistant Superintendent for Curriculum and Instruction, District Treasurer, School Business Official, District Clerk/Secretary to the Superintendent, Director of Food Services, Director of Transportation, Director of Technology, Building Principal(s), Counselors, School Psychologist, Teacher(s), Parent(s), Student(s), Local Emergency Responder(s).
- Designation of Chief Emergency Officer
The Superintendent of Schools is designated the chief emergency officer who is responsible for coordinating communication between staff and law enforcement and first responders and for ensuring staff understanding of the district-level safety plan. The chief emergency officer shall also be responsible for ensuring completion and yearly update of building-level emergency response plans. The building-level emergency response plan shall be kept confidential and shall not be disclosed except to authorized department staff and law enforcement officers.
- Concept of Operations
- The District-wide School Safety Plan is directly linked to the individual Building-level Emergency Response Plans for each school building. Protocols reflected in the District-wide School Safety Plan guides the development and implementation of individual Building-level Emergency Action Guides.
- In the event of an emergency or violent incident, the initial response to all emergencies at an individual school is by the Building Crisis Team.
- Upon the activation of the School Emergency Response Team, the Superintendent of Schools or his/her designee is notified and, where appropriate, local emergency officials are also notified.
- Efforts may be supplemented by County and State resources through existing protocols.
- Plan review and public comment
- This plan is reviewed and maintained by the District Safety Team and reviewed on an annual basis on or before July 1 of each year.
- Pursuant to Commissioner’s Regulation 155.17 (e) (3), this plan was available for public comment 30 days prior to its adoption. The district-wide and building-level plans were originally adopted in 1999, by the School Board after one public hearing that provided for the participation of school personnel, parents, students and any other interested parties. The plan was formally adopted by the Board of Education.
- While linked to the District-wide School Safety Plan, the Building-level Emergency Response Plans is confidential and shall not be subject to disclosure under Article 6 of the Public Officers Law or any other provision of law, in accordance with Education Law Section 2801-a. The District-wide Health & Safety Committee and the Board of Education review the Building-level Emergency Action Guides yearly before September 1 of each year.
- The District-wide School Safety Plan is posted on the district’s website as requested by the New York State Education Department.
NOTE: Building-level Emergency Response Plans are supplied to both local and State Police within 30 days of adoption.
The District has many Board of Education (BOE) policies that support school safety, including but not limited to:
- Safety and Security Policy, #5680
- Code of Conduct, #3410, 7310
- Student Conduct and Discipline, #3410, 7310
- Emergency Management Plan, #5681
- Firearms in Schools/Gun Free Schools, #3411, 7360, 7361
- Project SAVE, #5685
- Internet Content Filtering/Safety, #7370, 8271
- Security/Safety, #5680, 5681
- AED’s in Public School Facilities, #5683
Section II: General Emergency Mitigation, Prevention and Response Planning
The District emergency preparedness includes mitigation and prevention to decrease the likelihood of an emergency and to reduce losses or damage should one occur. Mitigation involves the identification risks and vulnerabilities, an assessment of resources and facilities, identification of stakeholders including knowledgeable and collaborative emergency responders and mental health resources, and the communication process. Preparedness includes ensuring policies and protocols are in place as well as the readiness and knowledge to respond. This involves clarifying team member roles, having the incident command system (ICS) in place, continuous training on ICS and the plan procedures, and conducting exercises and drills.
Response occurs when the plan is activated and involves the action to contain and resolve a crisis. The ICS plan in place is activated as needed to promote effective decision-making. Consistent communication is maintained with staff, students, family and media, actions are documented and after-action briefings are conducted. Emergency response planning has proceeded with the assistance of the Franklin-Essex-Hamilton BOCES Risk Management Service and coordinated at the District level by the Superintendent. Development of the plan has included involvement of the local police, fire and rescue squad personnel. The District emergency response plan and the building plans linked to this plan use the incident command system. Staff has been identified at each building to assume roles in the incident command structure in the event of an emergency. Assignments, roles and procedures are adjusted on the basis of the exercises. The plan is further adjusted annually using exercises to test potential for emergency response. District and building plans include:
- Identification of sites of potential emergency, including:
- Detailed plans for each school building;
- The location of potential command and evacuation sites; primary and secondary for each site;
- The kinds of action to be taken in the event of emergency, and
- The potential internal or external hazards or emergency situations.
- Plans for taking the following actions in response to an emergency where appropriate, including but not limited to:
EMERGENCY Response Protocols
Massena Central School District
84 Nightengale Avenue
Used to shelter students and staff inside the building.
● Listen for instructions about the situation and your actions.
● Students in hallways should return to assigned classroom, if possible.
● Classroom teachers, take attendance.
● All other staff assist students, as needed.
● Move away from windows, if situation warrants.
● If instructed, move out of classroom to designated safe area. Stay together at all times.
● Take Attendance.
● Listen for updates.
Used to limit movement of students and staff while dealing with short term emergencies.
● Listen for instructions about the situation and your actions.
● Students in hallways should return to assigned classroom, if possible.
● Classroom teachers, take attendance.
● All other staff assist students, as needed.
● Listen for updates.
Used to evacuate students and staff from the building.
● Listen for instructions about the situation and your actions.
● Lead students to designated assembly or announced assembly area. Use secondary route, if necessary.
● Bring attendance list and class roster.
● Close the classroom door after exiting.
● Take attendance when safe to do so.
● If evacuating off site, take attendance before moving from and upon arrival at off site location.
● Listen for Updates.
Used to secure school buildings and grounds during incidents that pose an imminent concern outside of the school.
● Listen for instructions regarding the situation and your actions.
● Lock all exterior windows.
● Leave blinds/lights as they are.
● Take Attendance.
● After initial instructions listen for updates.
● Classroom instruction continues as normal.
● All outdoor activities are terminated.
● Listen for updates.
Used to secure school buildings and grounds during incidents that pose an immediate threat of violence in or around the school.
● When you hear lockdown announced, you should move quickly to execute the following actions.
● If safe, gather students from hallways and common areas near your classroom.
● Lock your door. Barricade if necessary.
● Move students to a safe area in the classroom out of sight of the door.
● Leave windows, blinds/lights as they are.
● Keep everyone quiet, silence cell phones.
● Take attendance, if possible.
● Do not communicate through door or answer room phone.
● Do not respond to P.A. announcements or fire alarm.
● Stay hidden until physically released by law enforcement personnel.
Emergencies include, but are not limited to:
Threats of Violence Intruder
Hostage/Kidnapping Explosive/Bomb Threat
Natural/Weather Related Hazardous Material
Civil Disturbance Biological
School Bus Accident Radiological
Gas Leak Epidemic
Others as determined by the Building-level School Safety Team
- The identification of District resources which may be available for use during an emergency, including the identification of personnel and other resources.
- Description of procedures to coordinate the use of school District resources and manpower during emergencies, including:
Identification of the officials authorized to make decisions, and
Identification of the staff members assigned to provide assistance during emergencies
- Procedures for annual multi-hazard school training for staff and students, including the strategies for implementing training related to multi-hazards. These are conducted through a series of staff and student orientation exercises at the beginning of each school year and several times during each year.
- Procedures for the review and conduct of drills and other exercises to test components of the emergency response plan, including the use of tabletop exercises and drills, in coordination with local and county emergency responders and preparedness officials.
Section III: Responding to Threats and Acts of Violence
Both building and District emergency response plans use the incident command system to identify and respond to anticipated or unanticipated threats or acts of violence. Plan appendices include the following:
- Policies and procedures for responding to implied or direct threats of violence by students, teachers, other school personnel and visitors to the school.
- Policies and procedures for responding to acts of violence by students, teachers, other school personnel and visitors to the school, including consideration of zero-tolerance policies for school violence.
- Policies and procedures for contacting appropriate law enforcement officials in the event of a violent incident. The appropriate procedure will always use the 911 emergency call system.
- Identification of appropriate responses to emergencies, including protocols for responding to:
- Bomb threats
- Hostage takings
- Policies and procedures to contact parents, guardians or persons in parental relation to the students in the event of a violent incident or an early dismissal, including policies and procedures for contacting parents, guardians, or persons in a parental relation to a student in the event of an implied or direct threat of violence by a student against themselves, including threat of suicide.
Section IV: Communication with Others
Community based emergency response services (police, fire and rescue squad) participate in the development, tabletop review and review of each building plan and the District plan. Copies of each written plan are made available to emergency service agencies and officials of each town and county government.
- A 911 protocol is used in every instance to request emergency assistance.
- Written copies of the plans will be forwarded to county and town officials explaining the role that emergency response agencies have played in the development of the plan and seeking advice, suggestions or other feedback. This includes the discussion about the county officials responsible for implementation of Article 2-B of the Executive Law.
- If a disaster occurs that impacts the District, all internal communications will run through the District office whose staff will activate building and District level emergency response teams as necessary. The District office will inform all educational agencies within the school district of such a disaster.
- Maintenance of relevant information included in the confidential Building-level Plans and for each educational agency* located in the school district, include information on:
- School population
- Number of staff
- Transportation needs
- Business and home telephone numbers of key officials of each such educational agency
* Educational agencies means public and nonpublic elementary and secondary schools, public and private nursery schools, approved private schools for the education of students with disabilities as defined in section 200.1(d) of this Title, and public and private schools for the education of preschool children with disabilities.
Section V: Prevention and Intervention Strategies
The District strives to provide and enhance emergency and violence prevention and intervention strategies. Such strategies include improving communications among students and between students and staff, reporting of potentially violent incidents and establishing reporting mechanisms for school violence.
- The school climate is viewed as an important part of school safety. The Dignity for All Students Act supports an environment free of harassment and discrimination. The District provides training each school year for all District employees in conjunction with existing professional development training to raise staff awareness and sensitivity of harassment and discrimination directed at students that are committed by students or school employees on school property or at a school function. Training will include ways to promote a supportive school environment that is free from discrimination and harassment, emphasize positive relationships, and demonstrate prevention and intervention techniques to assist employees in recognizing and responding to harassment and discrimination, as well as ensuring the safety of the victims. The District will investigate all complaints of harassment and discrimination, either formal or informal, and take prompt corrective measures, as necessary. Complaints will be investigated in accordance with applicable policies and regulations. If, after an appropriate investigation, the District finds that this policy has been violated, corrective action will be taken in accordance with District policies and regulations, the Code of Conduct, and all appropriate federal or state laws.
The District will annually report material incidents of discrimination and harassment to the State Education Department as part of the Uniform Violent and Disruptive Incident Reporting System (VADIR).
- Policies and procedures related to school building security, including, where appropriate, the use of school safety officers and or/security devices or procedures.
- Policies and procedures for the dissemination of informative materials regarding the early detection of potentially violent behaviors, including, but not limited to:
- The identification of family, community and environmental factors to teachers, administrators, parents and other persons in parental relation to students of the school district or board, students and other persons deemed appropriate to receive such information
- Appropriate prevention and intervention strategies and strategies for improving communication among students and between students and staff and reporting of potentially violent incidents, such as the establishment of:
- Anti-Bullying Programs
- Youth-run programs
- Conflict resolution
- Others based on district need
- Description of duties, hiring and screening process, and required training of hall monitors and other school safety personnel are maintained in the District Office.
Section VI: Recovery
Recovery addresses the help needed for all involved to heal and to restore the school community to “normal” operations. The District supports the school buildings by deploying District resources that support the Emergency Response Teams and the Post-Incident Response Teams in the affected school(s).
Recovery plans include mental health/emotional recovery, academic, physical and business recovery, and can continue long after the actual emergency. The District has social worker and counselor resources and support systems. The District has the ability to coordinate with school, local, County and State disaster mental health services. The District’s role with mental health services includes looking at the school culture and climate, providing student access to services and following threat assessment procedures.
- District Support for Buildings
Each Building-level Emergency Response Plan provides resources for supporting the Emergency Response Teams and Post-Incident Response Teams. The District’s Incident Command System (ICS) identifies back-ups to relieve team members. This provides team members the opportunity to rotate personnel, to fill in if assigned personnel are unavailable and to debrief in a supportive environment.
The District realizes that some emergencies may overwhelm an individual school’s ability to manage an extreme crisis. If/when a Building-level Emergency Response Team or Post-Incident Response Team is faced with an emergency such as threats of violence or actual violent incidents, the District-wide Emergency Response Team will assist as follows:
- Acting as a sounding board for the building principal/supervisor regarding the implied or direct threats and/or violent acts.
- Assisting in determining the level of threat and appropriate response.
- If safe to do so, sending a District-wide team member to support the Building-level Team(s).
- Monitoring the situation and adjusting the District’s response as appropriate.
- Assisting with parent/guardian, faculty/staff, and media communication.
- Assisting with coordinating building and grounds security in conjunction with local and State Police.
- Assisting with offering a backup Post-Incident Response Team (i.e., another school team and/or an outside group) if needed.
- Offering debriefing sessions as needed working in conjunction with local, County and/or State emergency responders.
- Disaster Mental Health Services
If/when a Building-level Emergency Response Team or Post-Incident Response Team is faced with an emergency that may overwhelm an individual school’s ability to manage an extreme crisis; the District-wide Emergency Response Team will assist as follows:
- If safe to do so, sending a District-wide team member to each affected school/building as a liaison between the school/building and the District Office.
- Activating the District-wide Post-Incident response Team. The District and schools have school counselors, school psychologists, school nurses, and social workers that have local connections to:
- Neighboring school districts
- Lawrence County Department of Mental Health and
- Lawrence County Mental Health service providers
- Offering District support and looking for continued feedback from those directly impacted during the incident, with projected plans to assist if needed during heightened stressful times such as a re-occurrence of a similar event and anniversaries of the original event.
- Assisting with parent/guardian, student, and faculty/staff debriefing and/or post-incident crisis intervention. The debriefing is also used in part to evaluate the District’s plan for possible revisions. If needed, assisting in contacting additional outside mental health resources such as the National Organization for Victim Assistance (1-800-try-nova; www.try-nova.org
- Assisting the schools with written statements going out to faculty/staff, parents/guardians, press releases and media requests through the District’s Public Information Officer and Communications Office.
The District supports the recovery phase and reevaluates current multi-hazard and violence prevention practices and school safety activities.
Section VII: SCHOOL RESOURCE OFFICER
The District will Utilize a School Resource Officer in conjunction with the Village of Massena and the Massen Police Department. The Memorandum of Understanding (MOU) with the village is included as Appendix 1. The Job Description of the School Resource Officer is outlined below:
TITLE: SCHOOL RESOURCE OFFICER
- Active or Retired Officer from a Local, State, or Federal Police Agency.
- Minimum of five years’ of law enforcement experience.
- Possess sufficient knowledge of the applicable Federal and State laws, Town and County ordinances, and Board of Education policies and regulations;
- Be capable of conducting in-depth investigations;
- Possess even temperament and set a good example for students and staff; and
- Possess communication skills that would enable the officer to function effectively within the school environment.
- Serve as a first responder in the event of a crisis or student safety emergency;
- Build positive relationships with students and acts as an informal mentor;
- Provide educational programs to students on a variety of topics including, but not limited to: drug and alcohol use, child abuse, the criminal justice system, law enforcement careers, domestic violence, dating violence, bullying, internet safety and sexting, suicide prevention, Halloween safety, conflict resolution, impaired and distracted driving;
- Provide educational programs to staff and parents on a variety of topics including, but not limited to: internet safety, sexual abuse prevention, drug identification
- Serve as a resource to school officials when referring students to social service agencies;
- Assist the school administration in enforcing the compulsory education law;
- Provide informal consultation with students, parents and faculty members to assist them with problems they may have interfacing with law enforcement agencies;
- Serve as a member of the District Safety Committee and provide consulting advice to administrators on plans for safety, emergency preparedness, traffic flow, evacuation, lighting and video surveillance, as well as other safety/security concerns;
- Monitor and test security systems on a daily basis, including reviewing all security cameras in the district to be sure they are working.
- Confer with building-level administrators on a daily basis to develop plans and strategies to prevent and/or minimize dangerous situations or criminal behavior on or near the campus or involving students at school-related activities;
- Provide training for all school personnel in emergency management procedures;
- Assist school administrators with required safety drills and debriefings with staff following a drill or an actual emergency response;
- Provide security for special school events or functions, when requested to do so by the building-level administrator;
- Act as a liaison to building-level administrators when investigating potential criminal violations occurring in the school or on school property;
- Assist school administrators in conducting investigations of possible criminal conduct on school grounds and areas adjacent to school grounds, with the goals of establishing a deterrent to delinquent student behavior and promoting the safety of students, faculty and administration;
- Assist school administrators in conducting searches which may involve weapons, controlled substances or in situations where a student's emotional state may present a risk of harm to school administrators.
- Enforce all applicable federal, state and local laws. Those matters, as solely determined by the SRO, not reaching the threshold of violations, offenses and/or crimes as defined by federal, State or local law, shall be referred to the SCHOOL DISTRICT's administration and security personnel. Should it become necessary to conduct formal police activities involving a student, the SRO shall adhere to all applicable federal, State and local laws and SCHOOL DISTRICT policy, provided that the SCHOOL DISTRICT policy does not contravene such laws.
- The SRO shall not act as disciplinarian of the SCHOOL DISTRICT, but shall enforce the law as required by applicable federal, State and local law. The SRO shall make the Superintendent and principals aware of such action, within twenty four (24) hours of such action transpiring. When the SPO needs to request additional VILLAGE POLICE assistance, he/she will notify the Principal as soon as practicable.
- Maintain detailed and accurate records of his/her operations, and shall make them available to the Principals and Superintendent, within a reasonable time after a request for such records has been made.
- Adhere to all Board of Education and Building Policies.
- Performs related duties as required or assigned.
Terms of Employment
10 month position
Section VIII: NEW YORK SECURE AMMUNITION AND FIREARMS ENFORCEMENT ACT (NYSAFE): IMPACT ON SCHOOL DISTRICT BUILDING AID
The District will provide all facilities with security features sufficient to protect the occupants in case of an intruder and/or unauthorized visitors.
The 2013 NYSAFE Act enhances NYS Education Law for eligible expenses incurred beginning in the 2012-2013 school year and through the 2014-2015 school year. The purpose of this is to allow a school District to purchase and install security systems and devices separate from traditional capital construction projects and in student-occupied buildings in order to receive enhanced building aid for the purchase of approved security cameras and other SED-approved security devices such as electronic security systems and hardened doors.
AGREEMENT BETWEEN THE
VILLAGE OF MASSENA
MASSENA CENTRAL SCHOOL DISTRICT
THIS AGREEMENT is made this 22nd day of April, 2019 by and between the VILLAGE OF MASSENA (hereinafter “VILLAGE”) and the MASSENA CENTRAL SCHOOL DISTRICT (hereinafter “SCHOOL DISTRICT”) as follows:
WHEREAS, Article 5-G of the New York State's General Municipal Law ("GML"), provides the authority for "municipal corporations" to enter into agreements for the performance between themselves, or one for the other, of their respective functions, powers and duties on a cooperative contract basis; and
WHEREAS, the SCHOOL DISTRICT and VILLAGE are both "municipal corporations" as that term is defined by GML §119-n (a); and
WHEREAS, the SCHOOL DISTRICT and VILLAGE have determined that it is in their mutual best interest to enter into this Agreement for the SCHOOL DISTRICT to obtain from the VILLAGE the services of a SCHOOL RESOURCE OFFICER (hereinafter referred to as "SRO") to promote the goal of ensuring a caring, safe, respectful, and orderly learning environment in its schools; and
NOW, THEREFORE, the parties hereto agree as follows:
1.0 GOALS AND OBJECTIVES
The SCHOOL DISTRICT and the VILLAGE share the following general goals and objectives regarding the SRO in the schools:
1.1 Deterrence of delinquent student behavior and promotion of the safety of the students, faculty and administration of the SCHOOL DISTRICT.
1.2 Promotion of effective emergency crisis planning.
1.3 Establishment of positive relationships among students, staff and the SRO.
1.4 Provide classroom presentations, under the direction of classroom teachers in relevant areas of study including but not limited to, court procedures, forensic science, citizenship and character education.
2.0 IMPLEMENTATION AND ASSIGNMENT OF SCHOOL RESOURCE OFFICER
2.1 The SRO shall be an employee or contractor of the VILLAGE and shall be
subject to the administration, supervision and control of the VILLAGE, except as such administration, supervision and control is addressed by the terms and conditions of this Agreement. The SRO shall not be an employee of the SCHOOL DISTRICT. The SCHOOL DISTRICT and the VILLAGE acknowledge that the SRO shall remain responsible to the chain of command of the VILLAGE.
2.2 The relationship of the VILLAGE to the SCHOOL DISTRICT shall be that of independent contractor and any and all services performed by the SRO under this Agreement shall be performed in such capacity. Neither party shall be an agent of or otherwise have authority to bind the other party absent express, written consent to do so. The SRO shall not have, or hold himself/herself out as having the authority or power to bind or create liability for the School District by the SRO’s acts or omissions. As the SRO’s employer, the VILLAGE shall comply with all Federal, State, and local laws rules and regulations. An SRO assigned to the SCHOOL DISTRICT is under the direct supervision of the command officers of the VILLAGE. The SCHOOL DISTRICT shall have no ability to control the manner, means, details or methods by which the SRO, VILLAGE, or its agents perform services under this Agreement except as provided herein and as required by federal, state, or local laws, rules, and regulations.
The VILLAGE shall be responsible for the payment of the SRO's salary and benefits including, but not limited to, workers' compensation coverage, unemployment insurance benefits, social security coverage, disability benefits, or retirement membership or credit. The SRO shall be subject to all other practices and policies of the VILLAGE, except as such practices or policies are modified to comply with the terms and conditions of this Agreement. The SRO shall not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the SCHOOL DISTRICT, including, but not limited to, workers' compensation coverage, unemployment insurance benefits, social security coverage, disability benefits, or retirement membership or credit.
The parties shall use a collaborative process in the hiring and assignment of the SRO. Both parties shall have the right to attend and participate in candidate interviews. The SCHOOL DISTRICT and the VILLAGE shall reach consensus on recommendations for interviews and the final candidate to be selected for hire.
2.5 The VILLAGE shall notify the SCHOOL DISTRICT in writing within one (1) school day of the termination of the services of the SRO assigned to the SCHOOL DISTRICT. The parties shall meet and confer within two (2) school days of such notice to discuss the replacement of the SRO. The SCHOOL DISTRICT may refuse the services of a particular replacement SRO and shall provide the VILLAGE with one (1) school day’s notice of its intent to do so.
2.6 In the event the SRO is absent from work, the SRO shall notify both the supervisor in the VILLAGE and the District HR Specialist prior to the SRO’s scheduled arrival time.
3.0 PAYMENT TERMS AND DUTY HOURS
3.1 The SRO’s regular duty shall be 40 hours per week for a total of 180 school days, and the schedule of these hours shall be set by mutual agreement between the SCHOOL DISTRICT and the VILLAGE. The SCHOOL DISTRICT may contract for additional service days beyond the required 180 school days at a per diem rate.
3.2 The SCHOOL DISTRICT will pay the VILLAGE the per diem rate of $166.66 based upon the actual service of the SRO, plus the cost of all employment benefits incurred by the VILLAGE on behalf of the SRO. Payments shall be made quarterly to the VILLAGE within thirty (30) school days of receipt of a voucher by the SCHOOL DISTRICT.
3.3 From time to time, the SRO may be required to work more than the eight (8) hours of regular scheduled duty in a given day. In such instances, the additional time worked by the SRO shall be credited as “school comp time”. School comp time may be used to offset days where the SRO is scheduled to work, but does not have to report due to the closing of school, early dismissal of students, etc.
3.4 The SRO’s regular duty hours shall be 7:15 a.m. until 3:15 p.m. unless this schedule is modified by mutual agreement between the VILLAGE and the SCHOOL DISTRICT, or the Principal of the building to which the SRO is assigned on a given day.
3.5 Any time spent by the SRO attending court for juvenile and/or criminal cases arising from and/or out of their employment as an SRO shall be considered as hours worked under this Agreement.
4.0 QUALIFICATIONS OF THE SCHOOL RESOURCE OFFICER
The SRO shall:
4.1 Be an active or retired officer from a local, state or federal police agency with a minimum of five (5) years of law enforcement experience;
4.2 Possess sufficient knowledge of the applicable Federal and State laws, Town and County ordinances, and Board of Education policies and regulations;
4.3 Be capable of conducting in-depth investigations;
4.4 Possess even temperament and set a good example for students and staff; and
4.5 Possess communication skills that would enable the officer to function effectively within the school environment.
5.0 DUTIES OF THE SCHOOL RESOURCE OFFICER
5.1 The SRO shall serve as a first responder in the event of a crisis or student safety emergency.
5.2 The SRO shall maintain a highly visible presence throughout the school day in corridors, lobby, cafeteria, restrooms, and parking lot to protect persons and property, maintain order and insure compliance with safety and security rules/protocols.
5.3 The SRO shall assist school administrators in conducting investigations of possible criminal conduct on school grounds and areas adjacent to school grounds, with the goals of establishing a deterrent to delinquent student behavior and promoting the safety of students, faculty and administration.
5.4 Consistent with federal and State due process and District policy, the SRO shall assist school administrators in conducting searches which may involve weapons, controlled substances or in situations where a student’s emotional state may present a risk of harm to school administrators.
5.5 The SRO shall work with school administrators to identify and address safety issues within the schools, and assist administrators in emergency crisis planning.
5.6 The SRO shall be available to provide training for all school personnel in emergency management procedures.
5.7 The SRO shall establish positive relationships with and act as a mentor to students.
5.8 The SRO shall act as an instructor for specialized, short-term programs at the SCHOOL DISTRICT, at the direction of the Principal and/or the faculty.
5.9 At the request of the Superintendent, the SRO shall make law enforcement presentations to the SCHOOL DISTRICT faculty and students.
5.10 The SRO shall coordinate all of his/her activities with the Principal and/or his/her designee, and will seek and receive permission and input from the Principal and/or his/her designee prior to enacting any program within the School.
5.11 The SRO shall encourage individual and small group discussions among students, upon material presented in class to further establish a rapport with the students.
5.12 In consultation with the Principal, the SRO shall make himself/herself available for conferences with students, parents and faculty members to assist them with problems they may have interfacing with the Village police, crime prevention and other such law enforcement related matters.
5.13 The SRO shall assist the Superintendent and principals in developing plans and strategies to prevent and/or minimize dangerous situations that may occur on campus or during school sponsored events.
5.14 The SRO shall, at all times, enforce all applicable federal, state and local laws. Those matters, as solely determined by the SRO, not reaching the threshold of violations, offenses and/or crimes as defined by federal, State or local law, shall be referred to the SCHOOL DISTRICT’s administration and security personnel. Should it become necessary to conduct formal police activities involving a student, the SRO shall adhere to all applicable federal, State and local laws and SCHOOL DISTRICT policy, provided that the SCHOOL DISTRICT policy does not contravene such laws.
5.15 The SRO shall not act as disciplinarian of the SCHOOL DISTRICT, but shall enforce the law as required by applicable federal, State and local law. The SRO shall make the Superintendent and principals aware of such action, within twenty- four (24) hours of such action transpiring. When the SRO needs to request additional Village police assistance, he/she will notify the Principal as soon as practicable.
5.16 The SCHOOL DISTRICT will periodically advise the SRO of non-campus investigations relating to runaways who attend the SCHOOL DISTRICT.
5.17 The SRO shall maintain detailed and accurate records of his/her operations, and shall make them available to the Principals and Superintendent, within a reasonable time after a request for such records has been made. The parties agree that all records must be available for a period of four (4) years and must be made available for audit by the New York State Department of Education and New York State Audit and Control upon request.
5.18 The SRO may be requested to assist the school administration to enforce the compulsory education law.
5.19 The SRO shall perform such other duties as to which the parties may agree from time to time.
5.20 The SRO shall comply with all Federal, State, and local laws, including but not limited to, civil rights statutes prohibiting discrimination based upon any protected class, including but not limited to race, color, national origin, language status, disability, religion, and sex discrimination.
6.0 CHAIN OF COMMAND
6.1 The SRO shall follow the chain of command as established by the Village Policies and Procedure Manual, except where such procedures conflict with the policies of the Board of Education of the SCHOOL DISTRICT. It is expressly recognized and acknowledged by the SCHOOL DISTRICT that policies of the Board of Education cannot supersede the SRO’s duty to act in accordance with State and federal law.
6.2 In the performance of the duties described herein, the SRO shall regularly coordinate and communicate with the Principal or the Principal’s designee of the schools to which they are assigned. The Principal or designee shall contact the SRO Supervisor assigned by the VILLAGE for such purpose in the event of any question regarding the performance of duties by an SRO.
7.1 The SCHOOL DISTRICT and the VILLAGE shall provide training for the SRO in Board of Education policies, regulations and procedures, including the Code of Conduct for students and others, and the programs and practices of the SCHOOL DISTRICT regarding student discipline. Such training shall take place no later than thirty (30) school days after the opening of school in September 2019.
7.2 The VILLAGE will provide police officer training for the SRO on a schedule consistent with regular officers of the Massena Police Department. Specific training related to the duties of the SRO will also be provided as required.
8.0 DRESS CODE
The parties shall confer and agree regarding the SRO’s uniform while on duty. Such attire will be provided by the VILLAGE.
9.0 SUPPLIES AND EQUIPMENT
9.1 Motor Vehicles. The VILLAGE shall make a vehicle available for the SRO’s use in discharging his official duties.
9.2 Other Equipment. The VILLAGE shall provide a firearm and other necessary police equipment for use by the SRO in the discharge of his official duties.
9.3 Office and Supplies. The SRO shall be provided a private office within the school that is accessible by the students. The SRO shall also be provided access to a computer, printer and a communication device. The SCHOOL DISTRICT shall also provide the SRO with the usual and customary office supplies and forms required in the performance of his or her duties.
10.0 ACCESS TO EDUCATION RECORDS
10.1 Pursuant to FERPA, the SCHOOL DISTRICT hereby designates the SRO as the District’s “law enforcement unit” for the purpose of enforcing any federal, State or local law and maintaining the physical security and safety of the schools to which they are assigned, and as such shall have access to student education records as appropriate in order to carry out their SRO duties.
10.2 The SCHOOL DISTRICT will provide training to the SRO regarding the confidentiality of student education records and other matters involving students which occur within the SCHOOL DISTRICT setting. The VILLAGE and SCHOOL DISTRICT agree that the SRO must maintain the confidentiality of student information to the extent required by law and Board of Education policy.
11.0 TERM OF AGREEMENT
The term of this Agreement is one (1) year, commencing July 1, 2019 and ending on June 30, 2020. The Agreement may be renewed and extended annually by the written agreement of both the SCHOOL DISTRICT and the VILLAGE. Written notice of intent to extend the Agreement must be sent by each party no later than June 1st of the current year.
12.0 INSURANCE AND INDEMNIFICATION
12.1 The VILLAGE, at its sole expense, shall procure and maintain such policies of commercial general liability, malpractice and other insurance as shall be necessary to insure the VILLAGE and the SCHOOL DISTRICT, including the Board of Education, employees and volunteers, as additional insured, against any claim for liability, personal injury, or death occasioned directly or indirectly by the VILLAGE in connection with the performance of the SRO’s responsibilities under this Agreement; each such policy shall provide a minimum coverage of One Million Dollars ($1,000,000.00) per occurrence subject to an annual aggregate of Three Million Dollars ($3,000,000).
The insurance is to be underwritten by a licensed and/or admitted New York State Insurer with a minimum Best rating of A-minus.
In the event any of the aforementioned insurance policies are cancelled or not renewed, the VILLAGE shall notify the SCHOOL DISTRICT in writing within thirty (30) days of such cancellation or non-renewal.
Upon the execution of this Agreement, the VILLAGE will supply the SCHOOL DISTRICT with a Certificate of Insurance including the SCHOOL DISTRICT, Board of Education, Employees and Volunteers as Additional Insured, a copy of the Declaration pages of the policies, and a copy of the additional insured endorsement.
12.2 SCHOOL DISTRICT RESPONSIBILITIES:
The SCHOOL DISTRICT shall be solely responsible for and shall indemnify, defend and hold harmless the VILLAGE and its officers, employees, and agents (the “Indemnified Parties”) from and against any and all liabilities, losses, costs, expenses (including, without limitation, reasonable attorneys’ fees and disbursements) and damages (“losses”), arising out of or in connection with any acts or omissions of the SCHOOL DISTRICT and/or the SCHOOL DISTRICT’s officers, employees, and agents, regardless of whether taken pursuant to or authorized by this Agreement and regardless of whether due to negligence, fault, or default, including losses in connection with any threatened investigation, litigation or other proceeding or preparing a defense to or prosecuting the same.
The SCHOOL DISTRICT shall, upon the VILLAGE’s demand, promptly and diligently defend, at the SCHOOL DISTRICT’s sole risk and expense, any and all suits, actions, or proceedings which may be brought or instituted against one or more Indemnified Parties for which the SCHOOL DISTRICT has an obligation to provide a defense and the SCHOOL DISTRICT shall pay and satisfy any judgment, decree, loss or settlement in connection therewith.
The SCHOOL DISTRICT shall, and shall cause the SCHOOL DISTRICT’s officers, employees, and agents, to cooperate with the VILLAGE in connection with the investigation, defense or prosecution of any action, suit or proceeding, related to the subject matter of this Agreement.
12.3 VILLAGE RESPONSIBILITIES:
The VILLAGE shall be solely responsible for and shall indemnify, defend and hold harmless the SCHOOL DISTRICT and its officers, employees, and agents (the “Indemnified Parties”) from and against any and all liabilities, losses, costs, expenses (including, without limitation, reasonable attorneys’ fees and disbursements) and damages (“losses”), arising out of or in connection with any acts or omissions of the VILLAGE and/or the VILLAGE’s officers, employees, and agents, regardless of whether taken pursuant to or authorized by this Agreement and regardless of whether due to negligence, fault, or default, including losses in connection with any threatened investigation, litigation or other proceeding or preparing a defense to or prosecuting the same.
The VILLAGE shall, upon the SCHOOL DISTRICT’s demand, promptly and diligently defend, at the VILLAGE’s sole risk and expense, any and all suits, actions, or proceedings which may be brought or instituted against one or more Indemnified Parties for which the VILLAGE has an obligation to provide a defense and the VILLAGE shall pay and satisfy any judgment, decree, loss or settlement in connection therewith.
The VILLAGE shall, and shall cause the VILLAGE’s officers, employees, and agents, to cooperate with the SCHOOL DISTRICT in connection with the investigation, defense or prosecution of any action, suit or proceeding, related to the subject matter of this Agreement.
12.4 The provisions of this Section shall survive the termination and/or expiration of this Agreement.
13.0 DATA COLLECTION AND EVALUATION
It is mutually agreed that the SRO will maintain a log of all school-based activities which will include but not be limited to: name, gender and age of student, type of infraction, location, and disposition. The log will also contain general information about the daily interactions between the SRO and administration, staff, students and the public. The SRO shall provide this data to the SCHOOL DISTRICT and VILLAGE at least once each year during the term of this Agreement.
The SCHOOL DISTRICT shall annually evaluate the SRO Program and the parties agree that the exchange of data related to the SRO's performance shall be a part of the annual review.
Should funds become unavailable or should appropriate governing bodies fail to approve sufficient funds for completion of the services or programs set forth in this Agreement, the SCHOOL DISTRICT shall have the option to immediately terminate this Agreement upon providing written notice to the other party. In such event, the SCHOOL DISTRICT shall be under no further obligation to the VILLAGE other than payment for cost actually
incurred prior to termination and in no event will the VILLAGE be responsible for any actual or consequential damages as a result of termination and the VILLAGE shall be under no further obligation to provide the SRO to the SCHOOL DISTRICT.
15.0 DISPUTE RESOLUTION
The parties shall endeavor to resolve conflicts between the parties regarding the extent or manner of performance of these services delivered to the SCHOOL DISTRICT by mutual agreement between the Mayor or his Designee and the Superintendent of the School District or his Designee.
16.0 GOVERNING LAW
This Agreement shall be construed and interpreted in accordance with the laws of New York State.
This Agreement may not be assigned by either party.
18.0 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties hereto and all previous communications between the parties, whether written or oral, with reference to the matter of this contract , are hereby superseded .
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this day and year first written above.
MASSENA CENTRAL SCHOOL DISTRICT
Patrick Brady, Superintendent of Schools
VILLAGE OF MASSENA
Tim Currier, Mayor