The police
May 19, 2022
Though the school does not issue tickets for misbehavior, the districts student resource officers can. Deputy Chief Thomas Welsh from the McHenry police department does not believe this is in violation of an Illinois law that states “a student may not be issued a monetary fine or fee as a disciplinary consequence.”
Due to McHenry Police Department regulations, MCHS’s SROs could not comment on ticketing practices. Instead, Deputy Chief Thomas Welsh provided information on behalf of the police department.
Welsh clarified that SROs only issue tickets for violations of city ordinances such as disorderly conduct and vaping. While a city ordinance for truancy exists, SROs let school administrations handle the situation unless it is extreme. Additionally, he says officers do not issue tickets for violations of district rules, policies and procedures listed in the student handbook.
“If a SRO becomes aware of a criminal matter with a student, the first step is a conversation to try and determine the root cause of the issue,” Welsh said. “If this is a series of ongoing issues or serious enough offense, the SRO has options on how to address the matter. The lowest level of enforcement a SRO can take is the issuance of an adjudication citation … [these] do not affect a student’s criminal record. SROs can also issue a citation requiring an offender appear in front of a judge of the 22nd Judicial Circuit in Woodstock.”
According to the deputy chief, tickets do not usually impact the criminal record and serve as a deterrent to keep a student out of the criminal justice system.
“While there are exceptions, it is not often that a student repeats the same offense after being issued an adjudication citation,” Welsh said. “The school administration would discipline their students for violations of their code of conduct. All our officers are charged with enforcing the laws of the State of Illinois and the ordinances of the City of McHenry within the city limits. As the schools fall within our jurisdiction, the SROs take appropriate enforcement action with a student just as if the violation occurred off school property.”
Since the ProPublica / Chicago Tribune investigation, there has been controversy over the wording of Senate Bill 100, which forbids schools from fining students. Since schools fall within the police department’s jurisdiction to take enforcement action, issuing a ticket does not seemingly violate the law. District 156’s attorney did not respond to our request for comment.
“The McHenry Police Department does not agree with the insinuation that the school district is working around the language in Senate Bill 100 when a SRO issues an adjudication citation,” Welsh said. “While they are assigned to the high schools, SROs are first and foremost police officers. If they witness or are aware of a criminal offense or a violation of a City ordinance, they are required to take appropriate action, regardless if it occurred on school property or not. Sometimes that enforcement action results in the offending student being issued an adjudication citation.”
Since they do not see ticketing students as a violation of the law, the McHenry Police Department and District 156 continue to have a partnership that allows SROs to be present in schools.
“The police department and MCHS District 156 have a great partnership on many levels, including the placement of SROs in the high schools,” Welsh said. “Together we will discuss, evaluate and, if necessary, adjust the SRO program with the intention, as always, of the SROs having positive relationships with students and staff.”