Bill Text: MS SB2161 | 2025 | Regular Session | Introduced
Bill Title: Independent schools; authorize to contract with certain law enforcement entities to provide officers on school property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Education [SB2161 Detail]
Download: Mississippi-2025-SB2161-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Education
By: Senator(s) Tate
Senate Bill 2161
AN ACT TO AMEND SECTION 21-19-49, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MUNICIPALITIES, MUNICIPAL POLICE DEPARTMENTS AND SHERIFFS' DEPARTMENTS TO CONTRACT WITH INDEPENDENT SCHOOL GOVERNING AUTHORITIES TO PROVIDE LAW ENFORCEMENT OFFICERS TRAINING ACADEMY-CERTIFIED POLICE PROTECTION TO SAID INDEPENDENT SCHOOL ON SUCH TERMS AND FOR SUCH REIMBURSEMENT AS THE INDEPENDENT SCHOOL AND THE ENTITY MAY AGREE IN THEIR DISCRETION; TO AMEND SECTION 37-7-321, MISSISSIPPI CODE OF 1972, TO AUTHORIZE INDEPENDENT SCHOOL GOVERNING AUTHORITIES TO EMPLOY SECURITY PERSONNEL THAT HAVE THE POWER OF PEACE OFFICERS UPON THEIR TAKING SUCH OATH AND MAKING SUCH BOND AS REQUIRED OF A CONSTABLE OF THE COUNTY IN WHICH THE INDEPENDENT SCHOOL IS SITUATED; TO AUTHORIZE INDEPENDENT SCHOOLS, SUBJECT TO FEDERAL COMMUNICATIONS COMMISSION APPROVAL, TO INSTALL AND OPERATE NONCOMMERCIAL RADIO BROADCASTING AND TRANSMISSION STATIONS FOR EDUCATIONAL AND VOCATIONAL EDUCATIONAL PURPOSES; TO ALLOW INDEPENDENT SCHOOL GOVERNING AUTHORITIES TO ENTER INTO INTERLOCAL AGREEMENTS WITH OTHER LAW ENFORCEMENT ENTITIES FOR THE PROVISION OF EQUIPMENT OR TRAFFIC CONTROL DUTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-19-49, Mississippi Code of 1972, is amended as follows:
21-19-49. (1) The governing authority of any municipality or the board of supervisors of any county are hereby authorized and empowered to appropriate money or dedicate and convey municipally-owned buildings and property or county-owned buildings and property, as the case may be, to the school district or districts situated within that municipality or county for the purpose of erecting, purchasing or otherwise providing the school building or a site for such school building of such school district, in cases where the governing authority or board of supervisors are of the opinion that the location of such school building within the corporate limits of the municipality or the county, or in close proximity thereto, will be of special benefit to the inhabitants of the municipality or county.
(2) Municipalities, municipal police departments and the sheriffs' departments may contract with the school board of any school district or any independent school governing authority to provide additional Law Enforcement Officers Training Academy-certified police protection to said school district or independent school on such terms and for such reimbursement as the school district or independent school and the entity may agree in their discretion. Any officer contracted under this subsection may serve as a school resource officer as provided in Section 37-7-321, upon agreement between the school district or independent school and the contracted entity.
(3) (a) The governing authority of any municipality or the board of supervisors of any county may allow off-duty municipal or county law enforcement officers who are hired individually for security purposes by the school district or districts within that municipality or county to use municipal or county law enforcement uniforms and equipment, which includes vehicles, during such off-duty employment.
(b) If the person or entity, and the person's or entity's insurer, fails or refuses to endorse, indemnify and hold harmless the employing jurisdiction, the employing jurisdiction shall not approve the use of the official vehicle of the employing jurisdiction for private security services.
(4) The governing authority of any municipality, in its discretion, may donate funds, equipment or in-kind services to any school district located within the boundaries of the municipality to assist the voluntary character development or public service programs of that school district.
(5) For the purposes of this section, "independent school" means any private or nonpublic school operating within the State of Mississippi that:
(a) (i) Is a member of the Midsouth Association of Independent Schools (MAIS) and located in the State of Mississippi; or
(ii) Is accredited by a state, regional or national accrediting organization; and
(b) Is not subject to the purview of authority of the State Board of Education.
SECTION 2. Section 37-7-321, Mississippi Code of 1972, is amended as follows:
37-7-321. (1) The school board of any school district or any independent school governing authority within the State of Mississippi, in its discretion, may employ one or more persons as security personnel and may designate such persons as peace officers or school resource officers in or on any property operated for school purposes by such board or independent school governing authority upon their taking such oath and making such bond as required of a constable of the county in which the school district or independent school is situated.
(2) Any person employed by a school board or independent school governing authority 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 employment in such position. Upon the failure of any person employed in such position 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 or of the independent school.
(3) The school board or independent school governing authority 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 or a school resource officer by a school district or independent school governing authority under this section, the local school board or independent school governing authority 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.
(5) For the purposes of this section, "independent school" means any private or nonpublic school operating within the State of Mississippi that:
(a) (i) Is a member of the Midsouth Association of Independent Schools (MAIS) and located in the State of Mississippi; or
(ii) Is accredited by a state, regional or national accrediting organization; and
(b) Is not subject to the purview of authority of the State Board of Education.
SECTION 3. This act shall take effect and be in force from and after July 1, 2025.
