By Ali Thompson
School resource officers (SROs) are integral to maintaining a safe and supportive environment within our schools. Their role extends beyond maintaining security; it encompasses mentorship, building relationships, crisis intervention and understanding the diverse needs of the student body.
To effectively fulfill these responsibilities, it is crucial for SROs to get to know students with disabilities and be familiar with their individualized education programs (IEPs) and behavior intervention plans (BIPs). Memoranda of understanding (MOUs) between law enforcement agencies and school districts should explicitly include language that grants SROs access to these educational materials.
My daughter, Amelia, has a significant intellectual disability and is nonverbal, using mostly sign language and intonations for communication. Last year she was a freshman at a very large school with a student body of over 1,500. One morning I was dropping her off late to school due to an appointment, and I noticed her SRO was sitting in his patrol car parked in front of the school. As we were about to walk into the school, I heard him key up his PA and say, “Hey! Amelia! Have a great day!” Amelia jumped about three feet into the air but then began laughing and started her day with a huge smile.
After signing her in and exiting the building, I introduced myself to the officer and told him how awesome he was, but then I questioned how he knew Amelia; had there been incidents or interactions I was not aware of? He told me that before school starts each year, he reads each IEP and then makes it a point to spend at least an hour a week with the students in the special needs classroom. He said, “If I get to know them on their good days, they’ll know me on their bad days.” He said since he started that practice, he has not had to use physical force with any students from that classroom.
When SROs take the time to understand and connect with students with disabilities, they build a foundation of trust that’s vital for creating a safe school environment. A trusted SRO can be a reassuring presence, helping prevent and address issues before they escalate. SROs who spend time with students with disabilities can learn the best ways to interact with them, whether through alternative communication methods or by understanding specific behavioral cues. In crisis situations, familiarity with students’ needs and triggers can be crucial. SROs who know the students well can respond more effectively, using their knowledge to de-escalate situations and provide the necessary support. This proactive approach can prevent crises from escalating and ensure the safety of all students.
IEPs are comprehensive documents that outline the educational goals, services and accommodations required for students with disabilities. BIPs are tailored plans that address specific behavioral issues, providing strategies and interventions to support the student. Both documents are essential for SROs to be familiar with to ensure students with disabilities are treated equitably and safely and can thrive academically and socially in our schools.
Why is it important for SROs to be familiar with IEPs and BIPs?
It is crucial for SROs to understand IEPs and BIPs for several key reasons:
- Promoting inclusivity and understanding: Familiarity with IEPs and BIPs enables SROs to understand the unique needs and challenges faced by students with disabilities. This fosters a more inclusive environment where all students can feel respected and supported.
- Preventing civil rights violations: Students with disabilities are protected under federal laws such as the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. By being aware of the accommodations and interventions specified in IEPs and BIPs, SROs can ensure compliance with these laws and avoid actions that could be perceived as discriminatory.
- Reducing escalation and uses of force: Knowledge of a student’s specific needs and triggers can help SROs de-escalate potentially volatile situations more effectively. Understanding a student’s behavior is a manifestation of their disability and having tools to help calm the student can lead to more compassionate and appropriate responses, reducing the likelihood of unnecessary use of force.
- Building trust and rapport: When SROs take the time to learn about and respect the individual needs of students, it helps build trust and rapport. Students are more likely to view SROs as allies and resources, rather than as enforcers, which can lead to a more positive school climate.
As an example, an SRO, Officer Smith, is patrolling the school when he hears a commotion in a nearby hallway. He arrives to find a student, Alex, who has autism, visibly upset, yelling and swinging his jacket around in what may be perceived as a threatening manner. Other students are gathered around, some recording the incident on their phones.
Alex has a BIP that outlines specific strategies to help manage his behavior. Being familiar with Alex’s BIP, Officer Smith knows Alex can become overwhelmed by loud noises and crowded spaces, which can lead to sensory overload and result in outbursts. He also knows Alex can react violently to physical touch when he is overwhelmed. The BIP includes calming techniques that work well for Alex, such as providing a quiet space and allowing him to use noise-canceling headphones.
Officer Smith’s actions:
- Immediate assessment: Recognizing the signs of sensory overload, Officer Smith quickly assesses the situation and recalls Alex’s BIP.
- Crowd control and interventions: He calmly asks the surrounding students to disperse and stop recording, reducing the noise and crowding around Alex. Officer Smith does not touch Alex or attempt to take his jacket away, recognizing those actions will likely result in violent escalation.
- Calming techniques: Officer Smith approaches Alex slowly and speaks in a calm, soothing voice. He suggests Alex use his noise-canceling headphones and move to a quieter area.
- Providing space: Understanding that Alex needs space to calm down, Officer Smith ensures other students and staff maintain a respectful distance, far enough away to not be hit by Alex’s jacket.
- Communication: Officer Smith uses simple, clear language to communicate with Alex, avoiding any sudden movements or loud commands that could further escalate the situation.
By being familiar with Alex and following the strategies outlined in his BIP, Officer Smith successfully de-escalates the situation. Alex begins to calm down and moves to a quieter area with Officer Smith’s support. The incident is resolved without the need for any physical intervention or escalation of force.
The role of MOUs in facilitating access to educational materials
Many believe SROs do not have the legal authority to read IEPs and BIPs for privacy reasons. However, there are ways to ensure SROs have access to these records. MOUs between law enforcement agencies and school districts should include specific language that grants SROs access to educational materials such as IEPs and BIPs. This access allows SROs to make informed decisions when interacting with students, ensuring their actions are appropriate and supportive. It is critical, however, that SROs are aware of the confidentiality requirements that surround student records and know to whom and under what circumstances the information may be shared. This helps safeguard students’ privacy and ensures compliance with legal and ethical standards.
According to the United States Department of Education (DOE) summary of the Family Educational Rights and Privacy Act (FERPA), schools generally must have written permission from the parent or eligible student to release any information from a student’s educational record. However, FERPA allows schools to disclose those records, without consent, to any parties under certain conditions, which includes (per 34 CFR § 99.31) school officials with a legitimate educational interest.
According to the DOE, SROs employed under certain circumstances, particularly when the school district is contributing to pay part or all the SRO’s salary and the MOU denotes such, are considered “school officials” under FERPA and therefore have access to IEPs, BIPs and personal identifying information from student’s files without needing parental consent. [1]
Consider language such as “The SRO shall have access to and maintain confidentiality of district records and information in accordance with Parts 2 and 3, Article 72 of Title 24, Colorado Revised Statutes, the Family Educational Rights and Privacy Act (FERPA) and district policies,” adapted for your state, for inclusion in these MOUs.
Practical considerations for MOUs
When developing an MOU, consider the following:
- Use clear language and protocols: MOUs should include clear language that outlines the specific types of educational materials SROs can access, the circumstances under which access is granted and the protocols for maintaining confidentiality. This clarity helps in setting expectations and ensuring all parties are on the same page.
- Require training and professional development: MOUs should also mandate regular training for SROs on disability awareness, legal requirements and the proper handling of educational materials. Continuous professional development ensures SROs are well-equipped to support students effectively.
SROs are in a unique position to shape students’ perception of law enforcement, which can continue throughout a lifetime. The inclusion of specific language in MOUs that grants SROs access to educational materials such as IEPs and BIPs is a crucial step in enhancing the safety, support and well-being of students. By being familiar with and informed about students’ unique needs and accommodations, SROs can make better decisions, prevent escalation and ensure compliance with legal and ethical standards.
Ultimately, these proactive approaches protect SROs from inadvertently escalating a situation into one that results in an unwarranted use of force and can help them foster a collaborative and inclusive school environment where all students can thrive.
Reference
1. Frequently asked questions. U.S. Department of Education, Protecting Student Privacy.
About the author
Investigator Ali Thompson (ret.) spent most of her 20-plus years in law enforcement investigating crimes against at-risk persons. She retired in 2022 from the Colorado Attorney General’s Office and then partnered with people with disabilities to create a unique curriculum, IWD (Interacting with People With Disabilities), for first responders and her training company, Pulse Line Collaborative Training (PLCT). She lives in Northern Colorado with her husband and their four children, two of whom have disabilities.