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CITY OF WEST CHICAGO
PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE: Resolution No, 20-R-0069
AGENDA ITEM NUMBER: _ “<A.
A Resolution approving an Intergovernmental Agreement with the
Board of Education of Community High School District No. 94. FILE NUMBER:
COMMITTEE AGENDA DATE: November 23, 2020
| COUNCIL AGENDA DATE: TBD |
STAFF REVIEW: Christopher Shackelford, Deputy Chief SIGNATURE
APPROVED BY CITY ADMINISTRATOR: Michael Guttman
SIGNATURE
ITEM SUMMARY:
Staff is requesting to enter into an updated Intergovernmental Agreement with the Board of Education of West Chicago
Community High School District No. 94. The City last entered into an Agreement with School District No. 94 in 2007. The
updated version of this Agreement incorporates reciprocal reporting between School District No. 94 and the Police
Department, access to District No. 94’s security camera system, the use of a Body Worn Camera by the School Resource
Officer and reflects changes in State Statute in regards to interviewing students.
Additionally, the updated Agreement reflects the fact School District No. 94 opted to utilize one, rather than two (per the
existing Agreement) School Resource Officers for the 2020-21 school year. This change was prompted by the dramatic change
in how school will be operating as a result of the current COVID situation, which will result in a majority of the students not
being in the building.
Please see attached Intergovernmental Agreement for more information.
ACTIONS PROPOSED:
Forward the proposed updated Intergovernmental Agreement to the Board of Education of West Chicago Community High
School District No. 94 for their review and consideration.
COMMITTEE RECOMMENDATION:

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AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND WEST CHICAGO
COMMUNITY HIGH SCHOOL DISTRICT #94
This agreement is entered between the City of West Chicago (the “City”) and Community
High School District #94 (the “School District”).
WHEREAS, the Illinois School Code, 105 ILCS 5/10-20.14(b), requires the School
District parent - teacher advisory committee, in cooperation with local law enforcement agencies,
to work with the board of education to develop "policy guideline procedures" for the establishment
and maintenance of a reciprocal reporting system between the School District and local law
enforcement agencies regarding criminal offenses committed by students; and
WHEREAS, under the Illinois School Student Records Act, 105 ILCS 10/6, school student
records are considered confidential and no school student records, or information contained therein
may be released, transferred or disclosed except as permitted by the Student Records Act; and
WHEREAS, under the Juvenile Court Act of 1987, 705 ILCS 405/1-7, law enforcement
records are considered confidential and the inspection and copying of such records that relate to a
minor who has been investigated, arrested or taken into custody before his or her 18th birthday are
restricted to those exceptions in the Juvenile Court Act; and
WHEREAS, the Illinois School Student Records Act, 105 ILCS 10/6(a)(6.5), and the
Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, authorize school districts to release
student records and information to juvenile authorities (including law enforcement officers) when
necessary for the discharge of their official duties prior to adjudication of the student and upon
written certification that the information will not be disclosed to any other party except as provided
under law or order of court; and
WHEREAS, the Juvenile Court Act, 705 ILCS 405/1-7(A)(8), authorizes law enforcement
agencies to allow appropriate school officials to inspect and copy law enforcement records under
a reciprocal reporting system for certain offenses and under certain specified circumstances; and
WHEREAS, the Board of Education of the School District and the City agree that
enhanced communication between these entities under a reciprocal reporting agreement would
promote the safety and well-being of students and community residents; and
WHEREAS, the School District and the City are authorized to enter into this agreement
pursuant to the Illinois School Code, 105 ILCS 5/10-20.14, the Illinois Constitution, art. VII,
§10(a) et seq., and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.
NOW THEREFORE, the School District and the City hereby agree as follows:
1. ESTABLISHMENT OF A REPORTING SYSTEM. The School District and the City
hereby enter into this Agreement to establish and maintain a reciprocal reporting system

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between the School District and the City of West Chicago Police Department (“Police
Department”) regarding juvenile and criminal offenses involving students.
. REPORTING AND INFORMATION SHARING. The School District and the Police
Department acknowledge and agree to act in good faith to comply with the reporting
responsibilities and limitations set forth herein, and as required by applicable law.
. DESIGNATED REPRESENTATIVES. The Police Department will designate an
appropriate employee (“the Police Department’s Designee”) to be the School District’s contact
person for purposes of this Agreement. The School District's Superintendent shall provide the
Police Department’s Designee with a list of administrators to be contacted, as needed,
containing regular and emergency telephone numbers, and identifying the particular types of
problems for which particular administrators are to be contacted. The administrators identified
in the list shall be considered the “Appropriate School Official” for purposes of subsection 1-
7(A)(8) of the Juvenile Court Act, 705 ILCS 405/1-7 as amended, whom the School District
has determined to have a legitimate educational or safety interest to protect the safety of
students or employees in the school and aid in the proper rehabilitation of the child. The Police
Department’s Designee will provide the Superintendent with a primary and two back-up
contacts, who shall be considered the “Police Department’s Representatives”.
. SCHOOL DISTRICT AUTHORITY TO REPORT STUDENT CRIMINAL ACTIVITY.
The Superintendent or School Principal, or their designee(s), will report any alleged or
suspected criminal activities committed by a student enrolled in School District (See 1996 III.
Atty. Gen. Op. 96-040).
. SCHOOL DISTRICT DUTY TO REPORT STUDENT CRIMINAL ACTIVITY. The
Superintendent and/or School Principal(s), or their designees, must report certain incidents
involving firearms, drugs and attacks on school personnel, as set out below. When a report
may be required of both the Superintendent and Principal, a single report from one or the other
shall meet the duty to report.
a) School Superintendent. The School Superintendent (or his/her designee) is
to immediately report the following to the Police Department:
i. Firearms. Any incident involving a firearm in a school or on school owned or
leased property and, on any transportation, that is owned, leased or used by
the school for its students or school personnel. See 105 ILCS 5/10-27.1A, as
amended.
ii. Drugs. Any incident involving drugs in a school or on school-owned or leased
property or on any transportation that is owned, leased or used by the school for
its students or school personnel. "Drugs" means "narcotic drug" as defined under
subsection (aa) of Section 102 of the Illinois Controlled Substances Act, as
amended [720 ILCS 570/102], "cannabis" as defined under Section 3 of the
Cannabis Control Act, as amended [720 ILCS 550/3], or "methamphetamine" as

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defined under Section 10 of the Methamphetamine Control and Community
Protection Act, as amended [720 ILCS 646/10]. See 105 ILCS 5/10-27.1B
b) School Principal. The School Principal (or his/her designee) is to immediately report
the following to the Police Department:
i,
ii.
iil.
Firearms. Upon receiving a report from any school staff, or any other person that
they have observed any person in possession of a firearm on school grounds, an
immediate report of the incident must be made. If the person in possession of a
firearm on school grounds is a student, the principal or his/her designee shall also
immediately notify the student's parent or guardian. See 105 ILCS 5/10-27, 1A, as
amended.
Attacks on School Personnel. Upon receipt of a written complaint from any
school personnel, all incidents of battery committed against teachers, teacher
personnel, administrative personnel or educational support personnel. See 105
ILCS 5/10-21.7, as amended.
Cannabis, illegal Drugs or Controlled Substances on or Near School
Grounds. Within 48 hours of becoming aware, a report of any violation of Section
5.2 of the Cannabis Control Act or the Methamphetamine Control and
Community Protection Act or Section 401 and subsection (b) of Section 407 of
the Illinois Controlled Substances Act in a school, on school property, or within
1,000 feet of the school, or on any transportation used, owned or leased by the
School District to transport students. See 105 ILCS 127/2, as amended.
6. SCHOOL DISTRICT RELEASE OF SCHOOL STUDENT RECORDS AND RECORD
INFORMATION TO POLICE DEPARTMENT. School officials shall follow state and
federal laws regarding school student records, which are considered confidential, and no school
student records or information contained therein may be released, transferred or disclosed
except with parental consent or as otherwise permitted by the Illinois School Student Records
Act, 105 ILCS 10/1 et seq., as amended. The following exceptions permit the release of student
records and information to the Police Department without parental consent:
a) Adjudication of Student by Juvenile Court. School districts can release student
records and information to the Police Department, upon the request of the Police
Department, when necessary for the discharge of their official law enforcement duties,
prior to adjudication of the student and upon written certification from the Police
Department that the information or records disclosed by the school will not be disclosed
to any other party, except as provided by law or order of court. 105 ILCS 10/6, as
amended.
b)
Emergency Release of Information. Records and information may be released to the
Police Department if such information is needed by the Police Department to protect
the health or safety of the student or other persons, provided that the parents are notified

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no later than the next school day after the date the information is released, the date of
release, the fact that the information was shared with the Police Department, and the
purpose of the release. The factors to be considered in determining whether an
emergency exists requiring the release of student information include:
i. Degree of Threat. Seriousness of threat to health/safety of student or others;
ii. | Need. Need for records to meet the emergency;
iii. Police Department Involvement. Whether the Police Department is in a position
to deal with the emergency; and
iv. Urgency. Extent to which time is of the essence in dealing with the emergency.
105 ILCS 10/6, as amended; 23 Il. Admin. Code §375.60
c) Law Enforcement Records Not School Records. It is recognized that the information
maintained by law enforcement officers working in the school are not student records,
105 ILCS 10/2(d), as amended.
7. POLICE DEPARTMENT TO SHARE LAW ENFORCEMENT DATA WITH
SCHOOL DISTRICT. The Police Department will comply with applicable state and federal
law in implementing these procedures. In furtherance of the information-sharing hereunder, a
Police Department’s Representative may:
a) Students Under 18 Years Old. Provide copies of law enforcement records to, or
permit inspection of those records by, the Appropriate School Official or Officials for
minors enrolled in the School District if the minor has been arrested or taken into
custody before his or her 18th birthday for the offenses listed below, provided that the
Police Department or officer believes that there is an imminent threat of physical harm
to students, school personnel or others who are present in the school or on school
grounds. Inspection and copying shall be limited to law enforcement records
transmitted to the Appropriate School Official or Officials.
i, any violation of Article 24 of the Criminal Code of 1961or the Criminal Code
of 2012, as amended;
ii. a violation of the Illinois Controlled Substance Act, as amended;
iii. _ a violation of the Cannabis Control Act, as amended;
iv. a violation of the Methamphetamine Control and Community Protection Act;
as amended; and
v. a forcible felony as defined in Section 2-8 of the Criminal Code of 1961or the
Criminal Code of 2012, as amended;
vi. a violation of Section 1-2 of the Harassing and Obscene Communications Act,
as amended;
vii. a violation of the Hazing Act, as amended; or
viii. a violation of Section 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, as amended.

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The information derived from the law enforcement records shall be kept separate from and
shall not become a part of the official school record of that child and shall not be a public
record, The information shall be used solely by the Appropriate School Official or Officials
to aid in the proper rehabilitation of the child and to protect the safety of student and
employees in the school.
Any information provided to appropriate school officials whom the school has determined
to have a legitimate educational or safety interest by the Police Department about a minor
who is the subject of a current Police Department investigation that is directly related to
school safety shall consist of oral information only, and not written law enforcement
records, and shall be used solely by the Appropriate Schoo! Official or Officials to protect
the safety of students and employees in the school and aid in the proper rehabilitation of
the child. The information derived orally from the Police Department shall be kept separate
from and shall not become a part of the official school record of the child and shall not be
a public record (See 70SILCS 405/1-7, as amended).
8. COOPERATION BETWEEN SCHOOL DISTRICT AND POLICE DEPARTMENT.
Nothing in this policy and procedure is intended to limit or restrict the duty and authority of
the School District to request Police Department services for disturbances or other emergencies
occurring in or around any of its school buildings, nor is it intended to limit or restrict the duty
or ability of any person attending or employed by the School District to provide information
or otherwise cooperate in School District and law enforcement investigations, including but
not limited to providing witness statements and testimony in juvenile or criminal adjudications,
or in school discipline proceedings.
9. SCHOOL RESOURCE OFFICER (SRO). The Police Department’s Chief of Police shall
select a sworn police officer, who shall be a permanent full-time member of the Police
Department, as the SRO. The SRO shall at all times remain under the direction and control of
the Chief of Police, pursuant to the established chain of command within the Police
Department, and shall be subject to discipline in accordance with the Police Department’s rules
and regulations concerning members of the Police Department, as the same may be amended
from time to time.
The Chief of Police shall give consideration to the following criteria in selecting the SRO:
a) The ability to work effectively with Community High School District #94
students, faculty, and administrators toward the accomplishment of the program’s
goals.
b) The ability to project a positive police image in the school(s) and the community.
c) The ability to address a variety of police and school programs in a professional and
courteous manner.
d) The level of expertise in investigative procedures and techniques related to youth
matters,

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e) The level of expertise in State laws and local ordinances related to juvenile offenders.
f) The level of expertise in the procedures of the juvenile courts and the Illinois Youth
Commission.
g) Input from the District’s Superintendent or his/her designee.
10. ASSIGNMENT OF SCHOOL RESOURCE OFFICER (SRO). The Police Department
11,
shall assign the SRO to perform the following duties:
a) Patrol of the school buildings and grounds during regular school hours and school-
sponsored extracurricular activities during the SRO’s regular shift; work by the SRO
after his/her regular shift or work done by any other officer will be invoiced separately.
b) Investigation of criminal activities which occur in the school buildings and/or on the
school grounds.
c) Provision of pre-court intervention between the Police Department, the District, the
students, and their parents.
d) Assistance in obtaining services for students from social service agencies.
e) Conduct of instructional programs, in conjunction with the school staff, for students,
parents, and/or school staff relating to law enforcement issues and topics, including
substance abuse, gang activities, domestic violence, and sexual abuse.
The SRO may be assigned to other, non-school related police functions during such periods
when the schools are not in session, such as vacation and holiday periods, and shall always be
subject to call for other non-school related police functions as the Police Department’s Chief
of Police or Deputy Chief deem reasonable and necessary.
COSTS OF SCHOOL RESOURCE OFFICER (SRO). The SRO shall be an employee of
the Police Department and shall receive compensation and benefits from the Police Department
in accordance with the Collective Bargaining Agreement between the City and the Fraternal
Order of Police.
The District shall reimburse the City for a portion of its costs relating to the SRO, at an initial
rate of $144,300.00 (2020-2021 School Year). For each subsequent school year, the rate
shall increase by 7.5% and be rounded up to the nearest one hundred dollars; this annual
adjustment represents the blended percentage increase for salary, benefits, insurance, and
pension. The District shall make such reimbursement payments in two (2) equal installments
each year, one installment being due on or before August 31st of each year and the other
installment being due on or before January 31st of each year.
In addition to reimbursement, the District will provide office space, telephone, and other
commodities in support of the SRO program.

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12,
13.
14.
LIVE FEEDS FROM SCHOOL CAMERAS. The School District will provide access to its
live feeds, to one or more of its buildings in the event of a health or safety emergency. Access
is strictly to allow the Police Department’s officers to become familiar with the current
conditions that underlie the health or safety emergency in the School District’s buildings.
POLICE DEPARTMENT REQUESTS TO ACCESS RECORDED SECURITY
CAMERA FOOTAGE. In the event that criminal action is recorded on security camera
footage, a copy of the footage may be released to Police Department personnel, consistent with
State and federal law. Requests for access to security camera footage by the Police Department
will be directed to the Director of Business Services and Operations for review and processing.
STUDENT INTERVIEWS. Board Policy 7:150, Agency and Police Interviews, and
administrative procedure 7:150-AP, Agency and Police Interviews, are incorporated into this
Agreement and must be followed at all times. Within its standard operating procedures, the
Police Department will include training for officers about this policy and procedure, along with
information about how to access the School District’s policies and procedures.
Before detaining and questioning a student, who is on school grounds and who is seventeen
years of age or younger and who is suspected of committing a criminal act, the SRO and Police
Department officers must:
a) Ensure that notification or attempted notification of the student’s parent or guardian is
made; and
b) Document the time and manner in which the notification or attempted notification was
made.
Before questioning the student about suspected criminal behavior, the SRO and Police
Department officers must make reasonable efforts to ensure that the student’s parent or
guardian is present during questioning. Should the parent or guardian not be present during
questioning, the SRO and Police Department officers must ensure that school personnel,
including, but not limited to, a school social worker, a school psychologist, a school nurse, a
school guidance counselor, or any other mental health professional, are present during
questioning. Further, if practicable, the SRO and Police Department officers must make
reasonable efforts to ensure that a law enforcement officer trained in promoting safe
interactions and communications with youth is present during the questioning.
The above provisions do not apply to circumstances that would cause a reasonable person to
believe that urgent and immediate action is necessary to:
a) Prevent bodily harm or injury to the student or any other person;
b) Apprehend an armed or fleeing suspect;
c) Prevent the destruction of evidence; and/or
d) Address an emergency or other dangerous situation.

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15.
See School Code Section 22-85 (105 ILCS 5/22-85).
BODY-WORN CAMERAS (BWCs). All parties agree that the use of the BWCs by officers
must be subject to and in compliance with federal, state, and local regulations regarding the
use and operation of BWCs. The Police Department may, if not otherwise prohibited by law,
provide to the School District copies of any such filming of students, parents, employees, or
' others on school property, upon request for such copies by the School District, as a law
IN
enforcement record. In the event that the Police Department receives advice that providing a
copy of such videos is prohibited, the Police Department agrees to utilize its best efforts to
facilitate the availability of the officer(s) that made the video to testify, upon request by the
School District, in any disciplinary hearing concerning his/her/their knowledge of the facts and
circumstances of the videoed incident. Any such film or video taken by, and kept in the
possession of the Police Department may be considered law enforcement records under the
Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Section 1232g and 34 C.F.R.
Section 99.8) and Ill. School Student Records Act (ISSRA) (105 ILCS 10/2(d)). Any copy of
such film or video, if permitted by law to be provided to the School District, may become an
educational record of the School District. The Police Department’s officers shall at all times
recognize and comply with the confidentiality of the student and education records.
WITNESS, WHEREOPF, the parties have executed this Agreement on the date set forth below.
CITY OF WEST CHICAGO, an
Illinois municipal corporation
By:
Da
ATTEST:
; City
Mayor
te:
City Clerk
WEST CHICAGO COMMUNITY HIGH SCHOOL
DISTRICT NO, 94, a body corporate and politic
By:
Da
President
te: