School Discipline Laws & Regulations by State & Category

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Statesort descending Statute
Texas

LAWS

§ 2.127. School marshals.

(a) Except as provided by Subsection (b), a school marshal may:

(1) Make arrests and exercise all authority given peace officers under this code, subject to written regulations adopted by:

(A) The board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811, Education Code;

(B) The governing body of a private school under Section 37.0813, Education Code; or

(C) The governing board of a public junior college under Section 51.220, Education Code; and

(2) Only act as necessary to prevent or abate the commission of an offense that threatens serious bodily injury or death of students, faculty, or visitors on school premises.

(a-1) In this section, "private school" means a school that:

(1) Offers a course of instruction for students in one or more grades from prekindergarten through grade 12;

(2) Is not operated by a governmental entity; and

(3) Is not a school whose students meet the definition provided by Section 29.916(a)(1), Education Code.

(b) A school marshal may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code.

(c) A school marshal is not entitled to state benefits normally provided by the state to a peace officer.

(d) A person may not serve as a school marshal unless the person is:

(1) Licensed under Section 1701.260, Occupations Code; and

(2) Appointed by:

(A) The board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811, Education Code;

(B) The governing body of a private school under Section 37.0813, Education Code; or

(C) The governing board of a public junior college under Section 51.220, Education Code.

§ 37.0812. Training policy: School district peace officers and school resource officers.

A school district with an enrollment of 30,000 or more students that commissions a school district peace officer or at which a school resource officer provides law enforcement shall adopt a policy requiring the officer to complete the education and training program required by Section 1701.263, Occupations Code.

§ 1701.001. Definitions

In this chapter:

(8) "School marshal" means a person who:

(A) Is appointed to serve as a school marshal by:

(i) The board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811, Education Code;

(ii) The governing body of a private school under Section 37.0813, Education Code; or

(iii) The governing board of a public junior college under Section 51.220, Education Code;

(B) Is licensed under Section 1701.260; and

(C) Has powers and duties described by Article 2.127, Code of Criminal Procedure.

§ 1701.260. Training for holders of license to carry a handgun; Certification of eligibility for appointment as school marshal.

(a) The commission shall establish and maintain a training program open to any employee of a school district, open-enrollment charter school, private school, or public junior college who holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code. The training may be conducted only by the commission staff or a provider approved by the commission.

(a-1) In this section, "private school" has the meaning assigned by Article 2.127, Code of Criminal Procedure.

(b) The commission shall collect from each person who participates in the training program identifying information that includes the person's name, the person's date of birth, the license number of the license issued to the person under Subchapter H, Chapter 411, Government Code, and the address of the person's place of employment.

(c) The training program shall include 80 hours of instruction designed to:

(1) Emphasize strategies for preventing school shootings and for securing the safety of potential victims of school shootings;

(2) Educate a trainee about legal issues relating to the duties of peace officers and the use of force or deadly force in the protection of others;

(3) Introduce the trainee to effective law enforcement strategies and techniques;

(4) Improve the trainee's proficiency with a handgun; and

(5) Enable the trainee to respond to an emergency situation requiring deadly force, such as a situation involving an active shooter.

(d) The commission, in consultation with psychologists, shall devise and administer to each trainee a psychological examination to determine whether the trainee is psychologically fit to carry out the duties of a school marshal in an emergency shooting or situation involving an active shooter. The commission may license a person under this section only if the results of the examination indicate that the trainee is psychologically fit to carry out those duties.

(e) The commission shall charge each trainee a reasonable fee to cover the cost to the commission of conducting the program. The commission shall charge each person seeking renewal of a school marshal license a reasonable fee to cover the cost to the commission of renewing the person's license.

(f) The commission shall license a person who is eligible for appointment as a school marshal who:

(1) Completes training under this section to the satisfaction of the commission staff; and

(2) Is psychologically fit to carry out the duties of a school marshal as indicated by the results of the psychological examination administered under this section.

(g) A person's license under this section expires on the first birthday of the person occurring after the second anniversary of the date the commission licenses the person. A renewed school marshal license expires on the person's birth date, two years after the expiration of the previous license.

(h) A person may renew the school marshal license under this section by:

(1) Successfully completing a renewal course designed and administered by the commission, which such license renewal training will not exceed 16 hours combined of classroom and simulation training;

(2) Demonstrating appropriate knowledge on an examination designed and administered by the commission;

(3) Demonstrating handgun proficiency to the satisfaction of the commission staff; and

(4) Demonstrating psychological fitness on the examination described in Subsection (d).

(i) The commission shall revoke a person's school marshal license if the commission is notified by the Department of Public Safety that the person's license to carry a handgun issued under Subchapter H, Chapter 411, Government Code, has been suspended or revoked. A person whose school marshal license is revoked may obtain recertification by:

(1) Furnishing proof to the commission that the person's handgun license has been reinstated; and

(2) Completing the initial training under Subsection (c) to the satisfaction of the commission staff, paying the fee for the training, and demonstrating psychological fitness on the psychological examination described in Subsection (d).

(j) The commission shall submit the identifying information collected under Subsection (b) for each person licensed by the commission under this section to:

(1) The director of the Department of Public Safety;

(2) The person's employer, if the person is employed by a school district, open-enrollment charter school, private school, or public junior college;

(3) The chief law enforcement officer of the local municipal law enforcement agency if the person is employed at a campus of a school district, open-enrollment charter school, private school, or public junior college located within a municipality;

(4) The sheriff of the county if the person is employed at a campus of a school district, open-enrollment charter school, private school, or public junior college that is not located within a municipality; and

(5) The chief administrator of any peace officer commissioned under Section 37.081 or 51.203, Education Code, if the person is employed at a school district or public junior college that has commissioned a peace officer under either section.

(k) The commission shall immediately report the expiration or revocation of a school marshal license to the persons listed in Subsection (j).

(l) All information collected or submitted under this section is confidential, except as provided by Subsection (j), and is not subject to disclosure under Chapter 552, Government Code.

§ 1701.262. Training for school district peace officers and school resource officers.

(a) In this section:

(1) "Center" means the Texas School Safety Center at Texas State University.

(2) "Institute" means an institute dedicated to providing training to law enforcement and the development of law enforcement policies, such as the Law Enforcement Management Institute of Texas at Sam Houston State University or the Caruth Police Institute.

(3) "School district peace officer" means a peace officer commissioned under Section 37.081, Education Code.

(4) "School resource officer" has the meaning assigned by Section 1701.601.

(b) The commission, in consultation with an institute or the center, shall create, adopt, and distribute a model training curriculum for school district peace officers and school resource officers.

(c) The curriculum developed under this section must incorporate learning objectives regarding:

(1) Child and adolescent development and psychology;

(2) Positive behavioral interventions and supports, conflict resolution techniques, and restorative justice techniques;

(3) De-escalation techniques and techniques for limiting the use of force, including the use of physical, mechanical, and chemical restraints;

(4) The mental and behavioral health needs of children with disabilities or special needs; and

(5) Mental health crisis intervention.

(d) Before adopting and distributing any curriculum under this section, the commission shall provide a 30-day period for public comment.

(e) The commission shall provide the curriculum developed under this section and any supplemental education materials created for the curriculum to:

(1) School district police departments;

(2) Law enforcement agencies that place peace officers in a school as school resource officers under a memorandum of understanding; and

(3) Any entity that provides training to school district peace officers or school resource officers.

(f) The commission shall review curriculum developed and adopted under this section and update subject matter contained in the curriculum as needed at least once every four years.

§ 1701.263. Education and training program for school district peace officers and school resource officers.

(a) In this section:

(1) "School district peace officer" has the meaning assigned by Section 1701.262.

(2) "School resource officer" has the meaning assigned by Section 1701.601.

(b) The commission by rule shall require a school district peace officer or a school resource officer who is commissioned by or who provides law enforcement at a school district with an enrollment of 30,000 or more students to successfully complete an education and training program described by this section before or within 120 days of the officer's commission by or placement in the district or a campus of the district. The program must:

(1) Consist of at least 16 hours of training;

(2) Be approved by the commission; and

(3) Provide training in accordance with the curriculum developed under Section 1701.262 in each subject area listed in Subsection (c) of that section.

(b-1) Notwithstanding Subsection (b) or a rule adopted under that section, a school district peace officer or school resource officer is not required to successfully complete the education and training program required by this section if the officer has successfully completed the advanced training course conducted by the National Association of School Resource Officers or a training course equivalent to that advanced training course, as determined by the commission.

(c) The education and training program required under this section may not require a peace officer to pass an examination, except that the commission shall administer an examination to qualify officers to provide the education and training to other officers. The examination to qualify officers to provide the education and training must test the officer's knowledge and recognition of the subject areas listed in Section 1701.262(c).

(d) The commission shall issue a professional achievement or proficiency certificate to a peace officer who completes the education and training program under this section.

§ 1701.301. License required.

Except as provided by Sections 1701.310, 1701.311, and 1701.405, a person may not appoint or employ a person to serve as an officer, county jailer, school marshal, public security officer, or telecommunicator unless the person holds an appropriate license issued by the commission.

§ 1701.601. Definition

In this subchapter, "school resource officer" means a peace officer who is assigned by the officer's employing political subdivision to provide:

(1) A police presence at a public school;

(2) Safety or drug education to students of a public school; or

(3) Other similar services.

§ 1701.602. License required

A peace officer who is a visiting school resource officer in a public school must be licensed as provided by this chapter.

§ 1701.603. Firearms accident prevention program.

(a) A peace officer who is a visiting school resource officer in a public elementary school shall at least once each school year offer to provide instruction to students in a firearms accident prevention program, as determined by the school district.

(b) A firearms accident prevention program must include the safety message, "Stop! Don't Touch. Leave the Area. Tell an Adult.", and may include instructional materials from the National Rifle Association Eddie Eagle Gun Safe Program, including animated videos and activity books.

REGULATIONS

No relevant regulations found.