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The provisions in this Section are severable. If any part or provision of this Section, or the application of this Section to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this Section shall not be affected by such holding and shall continue to have full force and effect.
(CBC 1985 16-63.7; Ord. 2021 c. 14)
The effective date and implementation of the ordinance shall be as follows.
(A) The ordinance shall take effect and be implemented in the manner and ways described in this Section.
(B) The ordinance shall take effect notwithstanding any other provision of law and shall supersede any prior law and regulation enacted by the city and/or any agreement entered into by the city or any of its Agencies that are interpreted to be in conflict with its provisions.
(C) Subsections 16-63.1, 16-63.2, 16-63.4, 16-63.6 and 16-63.7 shall take effect one month after its adoption in accordance with the following provisions.
(1) Every School Safety Specialist shall create a record of historic student reports.
(2) Within four months of the effective date:
(a) The historic student reports that do not conform with Subsection 16-63.4(A)(1) shall be destroyed, in both print and electronic form; provided that such destruction is permitted under the commonwealth law relating to retention of records;
(b) The historic student reports that conform with Subsection 16-63.4(A)(1) can be retained; provided there is a previous certification by the BPS Legal Advisor that their creation meets such requirements; and
(c) All reports created more than five years ago shall be destroyed.
(3) Within six months of the Effective Date, the Head of the School Safety Specialists and the Legal Advisor must submit a report to the Community Information-Sharing Oversight Board. Such report must contain:
(a) The number of historic student reports, including the format or file type of the report, description of each incident, disaggregated by race, ethnicity, gender, age and grade level of each student who is named in the report;
(b) The number of historic student reports retained in accordance with division (C)(2)(a) above; and
(c) The number of historic student reports destroyed in accordance with divisions (C)(2)(b) and (C)(2)(c) above.
(4) No more than one month after receiving such report, the Community Information-Sharing Oversight Board shall call a public hearing to discuss the Historic Student Reports. The Head of the School Safety Specialists as well as individual School Safety Specialists shall be present at such public hearing.
(D) Subsections 16-63.3 and 16-63.5 shall take effect nine months after their adoption.
(CBC 1985 16-63.8; Ord. 2021 c. 14)
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