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HomeMy WebLinkAbout2021-11-15-I01H_01 Juvenile Justice Agency Info Sharing AgrAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 15, 2021 AGENDA ITEM:Consideration of approval of a resolution approving Waukee Juvenile Justice Agency Information Sharing Agreement FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The purpose of this Agreement is to allow for the sharing of information among the Waukee Public Schools, Waukee Police Department, and Dallas County Juvenile Court, prior to a student's adjudication, in order to promote and collaborate to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out- of-school suspensions, and to support alternatives to in-school and out-of- school suspensions and expulsions. The information sharing is also designed to supplement educational programs through coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: The Waukee Police Department recommends approval. RECOMMENDATION: Approve the resolution, pending approval by the Waukee Community School District and Dallas County Juvenile Court. ATTACHMENTS: I. Proposed Resolution II. Waukee Juvenile Justice Agency Information Sharing Agreement PREPARED BY: Police Chief John Quinn REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1H1 THE CITY OF WAUKEE, IOWA RESOLUTION 2021- APPROVING WAUKEE JUVENILE JUSTICE AGENCY INFORMATION SHARING AGREEMENT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, a proposed Juvenile Justice Agency Information Sharing Agreement would facilitate the sharing of information among the Waukee Community School District, Waukee Police Department and Dallas County Juvenile Court prior to a student's adjudication, in order to promote and collaborate to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions; AND, WHEREAS, the information sharing is also designed to supplement educational programs through coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the Waukee Juvenile Justice Agency Information Sharing Agreement is hereby approved, pending approval by the Waukee Community School District and the Dallas County Juvenile Court. Passed by the City Council of the City of Waukee, Iowa, and approved the 15th day of November, 2021. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair WAUKEE JUVENILE JUSTICE AGENCY INFORMATION SHARING AGREEMENT Statement of Purpose: The purpose of this Agreement is to allow for the sharing of information among the Waukee Public Schools, Waukee Police Department, and Dallas County Juvenile Court, prior to a student's adjudication, in order to promote and collaborate to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions. The information sharing is also designed to supplement educational programs through coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education. Identity of Agencies: This Agreement is between the Waukee Community School District ("District"), Waukee Police Department, and Dallas County Juvenile Court. Statutory Authority: This Agreement implements Iowa Code § 280.25 and is consistent with the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232g and 34 C.F.R. 99.38. Parameters of Information Exchange: 1.The District may share any information with Waukee Police Department and Dallas County Juvenile Court contained in a student's permanent record which is directly related to the juvenile justice systems ability to effectively serve the student. 2.Prior to adjudication, information contained in the permanent record may be disclosed by the District to Waukee Police Department and Dallas County Juvenile Court without parental consent or court order. 3.Information contained in a student's permanent record may be disclosed by the District to Waukee Police and Dallas County Juvenile Court after adjudication only with parental consent or a court order. 4.Information shared pursuant to the Agreement is used solely for determining the programs and services appropriate to the needs of the student or student's family or coordinating the delivery of programs and services to the student or student's family. 5.Information shared under the Agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student's parent, guardian, or legal or actual custodian. 6.Information obtained by the school from other juvenile justice agencies may not be used as the basis for disciplinary action of the student. 7.This Agreement only governs a school district's ability to share information and the purposes for which that information can be used. Other agencies are bound by their own respective confidentiality policies. Records Transmission: The individual requesting the information should contact the District's records department or the building in which the student is currently enrolled or was enrolled. The District or building will forward the records within 10 business days of the request. Confidentiality: Confidential information shared between the Waukee Police, Dallas County Juvenile Court, and the District shall remain confidential and shall not be shared with any other person, school, school district, or agency unless otherwise provided by law. Information shared under the Agreement is not admissible in any court or proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student's parent. Agencies or individuals violating the terms of this Agreement, subject their entity represented and themselves personally to legal action pursuant to federal and state law. Amendments: This Agreement constitutes the entire Agreement among the agencies with respect to information sharing. Agencies may be added to this Agreement at the sole discretion of the District. Term: This Agreement is effective from _____________, 2021 until further notice. Termination: The District may terminate this Agreement at any time if the District determines that the Waukee Police Department or Dallas County Juvenile Court has violated the intent or letter of this Agreement, or if the District's Board of Directors revokes its policy allowing information sharing agreements. Upon termination of this Agreement, both parties agree that they will immediately discontinue sharing information with the other party. The requirements of this Agreement with respect to confidentiality and non-disclosure shall survive termination and remain in full force and effect for any information shared between the District, Waukee Police, and Dallas County Juvenile Court prior to termination Approved: For Waukee Community School District: Signature: Title: Address: 560 SE University Avenue, Waukee, Iowa 50263 Phone Number: (515) 987-5161 Date: ___________________________________________ For Waukee Police Department: Signature: Title: Chief John Quinn Address: 1300 SE LA Grant Parkway, Waukee, Iowa 50263 Phone Number: (515) 978-7979 Date: ___________________________________________ Signature: Title: Mayor Courtney Clarke Address: 230 W. Hickman Road, Waukee, Iowa 50263 For Dallas County Juvenile Court: Signature: Title: Address: Phone Number: Date: ___________________________________________