Page 62 - Juvenile Practice is not Child's Play

Law Enforcement and Schools

Types of School-based Police Officers

Texas law defines two types of licensed law enforcement that may be placed in schools:

a. School district peace officer commissioned under Section 37.081 of the Texas Education Code and
b. School Resource Officer (SRO), defined by Section 1701.601 of the Texas Occupations Code
Additionally, school districts may hire security personnel to patrol campuses and school events.

These officers have the powers, privileges, and immunities of peace officers; and may enforce all laws, including
56
municipal ordinances, county ordinances, and state laws; may, take a child into custody ; has the powers, privileges,
and immunities of peace officers.

While approximately 200 school districts in Texas have their own police forces, many others contract with local police
departments, which station officers on campuses. The contracts between 1) school districts and local police departments

and 2) school district police departments and the local police departments with overlapping jurisdiction are called
57
Memoranda of Understanding, or MOUs. These MOUs often do not describe the expectations or limits of officers
who interact with schoolchildren, leaving the role of these officers unclear for both schools and law enforcement
agencies.

Special training and certification for School District peace officers and school resource officers is mandatory, and must
58
follow guidelines defined by Sec 1701.262 and must include child and adolescent development and psychology;
positive behavioral interventions and supports, conflict resolution techniques, and restorative justice techniques; de-
escalation techniques and techniques for limiting the use of force, including the use of physical, mechanical, and
chemical restraints; the mental and behavioral health needs of children with disabilities or special needs; and mental
59
health crisis intervention.

56 [Chapter 52, Family Code, or Article 45.058, Code of Criminal Procedure]
57 http://stories.texasappleseed.org/dangerous-discipline
58 https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1701.htm
59 https://casetext.com/statute/texas-codes/occupations-code/title-10-occupations-related-to-law-enforcement-and-security/chapter-
1701-law-enforcement-officers/subchapter-f-training-programs-and-schools/section-1701262-training-for-school-district-peace-
officers-and-school-resource-officers