MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Education

By: Representative Moore

House Bill 478

AN ACT TO AMEND SECTION 37-7-321, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATIONS FOR AND ESTABLISH THE MINIMUM LEVEL OF TRAINING REQUIRED OF INDIVIDUALS EMPLOYED BY LOCAL SCHOOL DISTRICTS TO SERVE AS SECURITY GUARDS OR SCHOOL RESOURCES OFFICERS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 37-7-321, Mississippi Code of 1972, is amended as follows:

     37-7-321.  (1)  The school board of any school district within the State of Mississippi, in its discretion, may employ one or more persons as security personnel and may designate * * * such those persons as peace officers in or on any property operated for school purposes by * * * such the board upon their taking * * * such an oath and making * * * such a bond as required of a constable of the county in which the school district is situated.

     (2)  Any person employed by a school board as a security guard or school resource officer or in any other position that has the powers of a peace officer must receive a minimum level of basic law enforcement training, as jointly determined and prescribed by the Board on Law Enforcement Officer Standards and Training and the State Board of Education, * * * within two (2) years of the person's initial employmentbefore the person assumes the responsibilities of serving in his or her official capacity of interacting with students, or being placed in any school district where he or she will be working in * * * such that position.  The basic training required of persons employed by a school board as a security guard or school resource officer, or in any other like position shall include, at a minimum, the following:

          (a)  Forty (40) hours of specialized training developed by the Mississippi Department of Education, focused on adolescent child development, cultural competence and building relationships with students;

          (b)  De-escalating violent situations;

          (c)  Identifying the social, emotional and mental needs of students;

          (d)  Directing youth to appropriate services, rather than the use of force; and

          (e)  Due process protection for students.

     Upon the failure of any person employed * * * in such positionas a security guard or school resource officer to receive the required training within the designated time, the person may not exercise the powers of a peace officer in or on the property of the school district.

     (3)  The school board is authorized and empowered, in its discretion, and subject to the approval of the Federal Communications Commission, to install and operate a noncommercial radio broadcasting and transmission station for educational and vocational educational purposes.

     (4)  If a law enforcement officer is duly appointed to be a peace officer by a school district under this section, the local school board may enter into an interlocal agreement with other law enforcement entities for the provision of equipment or traffic control duties, however, the duty to enforce traffic regulations and to enforce the laws of the state or municipality off of school property lies with the local police or sheriff's department which cannot withhold its services solely because of the lack of such an agreement.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2015.