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John Huber

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When MOUs Are Ignored: Analyzing the Palm View K-8 Incident

Introduction: In a recent incident at Palm View K-8 School in Florida, a situation involving a School Resource Officer (SRO), school administrators, and a student escalated to an arrest, sparking concerns about the proper enforcement of the Memorandum of Understanding (MOU) between the Manatee County Sheriff’s Office and the school district. The incident, captured on bodycam footage, raises critical questions about the roles and responsibilities of SROs and school administrators, particularly when MOUs are not followed as intended.

Incident Overview: The incident began when a student recorded a fight on her phone and refused to surrender her device to school authorities. The principal, SRO, and counselor engaged in a discussion about how to handle the situation, which quickly escalated. The SRO suggested placing the student in handcuffs, a move the principal hesitated to endorse, but still desired a severe consequence, ultimately leading to the student’s arrest.

You can view the incident here:

 

MOU Violations and Missteps: The MOU between the Sheriff’s Office and the school district is clear: SROs are not to act as school disciplinarians, administrators, or assistant principals. Their role is to focus on law enforcement, determining if a crime has been committed and responding accordingly. The incident at Palm View K-8 School highlights a significant breakdown in this protocol.

  1. Principal Directing the SRO: The principal’s directive to the SRO about how to handle the situation was inappropriate. According to the MOU, it is the SRO’s responsibility to determine whether a law has been broken—not the school administrator’s. In this case, the principal’s desire for a severe consequence placed the SRO in a position where he felt compelled to act as an enforcer of school discipline, which is outside his purview.  The principal wants “severe consequences.”  That is up to her to deliver, not the SRO.  She wants the student “off my (her) campus.” The student wanted to leave but they wouldn’t let her.
  2. Recording a Fight: While I am not an expert in Florida law, it is doubtful that recording a fight on a phone constitutes a criminal offense requiring police intervention. The situation should have been managed within the school’s disciplinary framework, not through the criminal justice system. The MOU is designed to prevent precisely this kind of overreach by ensuring that SROs are not entangled in matters that fall outside their legal responsibilities.
  3. SRO in a No-Win Situation: The SRO, caught between the principal’s demands and his legal obligations, was placed in a no-win situation. The proper course of action would have been for the SRO to politely but firmly inform the principal that he could not get involved in a matter that did not involve a clear violation of the law. Instead, the SRO’s involvement led to a physical altercation and the student’s subsequent arrest, escalating a situation that could have been defused.

Actions the SRO Could Have Taken: In addition to adhering to the MOU, the SRO could have taken the opportunity to speak with the student and her parents, helping them understand the seriousness of the situation without resorting to law enforcement measures. By explaining the potential consequences and encouraging the student to do the right thing, the SRO could have fostered a resolution that respected

This incident at Palm View K-8 School serves as a stark reminder of the importance of adhering to MOUs that clearly define the roles and responsibilities of SROs and school administrators. When these guidelines are ignored, it can lead to unnecessary escalations, placing both students and officers in difficult and often damaging situations. Moving forward, it is crucial for school districts and law enforcement agencies to ensure that all stakeholders are thoroughly familiar with and consistently enforce the terms of their MOUs. This will not only protect the rights and safety of students but also uphold the integrity of the school environment and the legal responsibilities of SROs.

The student and her family now have a lawyer and are demanding the school system fire all parties involved, and they are planning to sue.

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The MEN was founded by John Huber in the fall of 2020. It was founded to provide a platform for expert opinion and commentary on current issues that directly or indirectly affect education. All opinions are valued and accepted providing they are expressed in a professional manner. The Maryland Education Network consists of Blogs, Videos, and other interaction among the K-12 community.