Review Agenda Item
Meeting Date: 7/26/2018 - 6:30 PM
Category: Regular Items of Business
Type: Action
Subject: 12. Action on a Request to Enter into an Intergovernmental Cooperation Agreement between the Milwaukee Board of School Directors, the Wauwatosa School District, and the Milwaukee County Department of Health and Human Services/Division of Youth and Family Services for Record Sharing
Strategic Plan Compatibility Statement:
Goal 3
Effective and Efficient Operations
Policy: Admin Policy 8.42 - Student Records
Attachments Intergovernmental Cooperation Agreement
File Attachment:
Intergovernmental Cooperation Agreement.pdf
Background: The Milwaukee Board of School Directors (MPS), Wauwatosa School District (WSD), and the Milwaukee County Department of Health and Human Services (DHHS)/Division of Youth and Family Services (DYFS) would like to enter into an Intergovernmental Cooperation Agreement in order to promote the parties' mission of improved public safety, youth accountability and rehabilitation, and youth educational outcomes, the parties' aim to implement an improved case plan development, and a more efficient response to youth community behavior.

MPS, WSD, and DHHS are authorized to enter into this agreement pursuant to Wis. Stats. 118.125 (2)(n)1 and 2 and Wis. Stat. 938.78(2)(b)(1m). These state laws allow MPS, WSD, and DHHS/DYFS to share pupil information with one another to effectively serve pupils in the youth justice system prior to adjudication as delinquent or in need of protection or services.

Authority for records sharing of educational information is also provided in 20 U.S.C. § 1232g (recently amended by the Uninterrupted Scholars Act) and 20 U.S.C. § 1417(c), which apply to Parts B and C of the Individuals with Disabilities Education Act (IDEA) under the circumstances set forth under the amendment. Specifically, 20 U.S.C. §1232g(b)(E)(ii) provides that disclosure of student records without parental consent is allowed if the disclosure concerns the juvenile justice system and the system’s ability to effectively serve a student prior to adjudication and a state statute is adopted to that effect.

Each party agrees to comply with the agreed upon measures to protect the confidentiality of any information provided under this agreement and state and federal laws to protect such information against unauthorized access or disclosure.
Fiscal Impact Statement: No Fiscal Impact.
Implementation and Assessment Plan Upon approval by the Board, the Intergovernmental Cooperation Agreement will be implemented for the period of August 1, 2018, through July 31, 2019.
Recommendation: The Administration recommends that the Board approve the attached Intergovernmental Cooperation Agreement with the Wauwatosa School District, and the Milwaukee County Department of Health and Human Services/Division of Youth and Family Services for records sharing.
Approvals:
Recommended By:
Signed By:
Matthew Boswell - Senior Director
Signed By:
Katrice Cotton, Ed.D. - Chief School Administration Officer
Signed By:
Keith Posley, Ed.D. - Superintendent