Legislation that took effect in July 2023 created a three-year pilot program which provides school districts in the State with money to hire a school resource officer(s) and/or to make necessary security upgrades. This is known as the School Resource Officer (SRO) Program. As a result of this SRO Program, School Districts may be looking to local Police Departments to provide a School Resource Officer for their schools.
If this is the case in your City or Town, there are some things to consider when deciding how your City or Town’s police department can best assist and support the School District under this new SRO Program. These things are listed below in no particular order; they are each important.
First, your City or Town should reduce to writing whatever agreement it reaches with the School District regarding a school resource officer(s): a well-written contract should spell out your City or Town’s and the School District’s expectations and obligations. Your municipal attorney should be involved in this process, of course.
Second, identify what kind of law enforcement officer will fill the role of SRO. The SRO Program legislation defines an SRO as a “law enforcement officer with sworn authority and training in school-based law enforcement and crisis response.” Under Oklahoma law, there are two kinds of “law enforcement officers with sworn authority:” a 1) peace officer and 2) a reserve peace officer. It is possible the School District does not appreciate the distinctions between a reserve peace officer and a peace officer, although each of these positions meet the SRO Program’s definition of an SRO. Under Oklahoma law, a peace officer is a person who is paid by a law enforcement agency to regularly work more than 25 hours per week enforcing local and state laws and ordinances. A person can be hired to and work as a peace officer before he/she obtains his/her peach officer certification from CLEET, but only for a period of up to six months. By contrast, while a reserve peace officer has the same authority as a peace officer, under Oklahoma law, a reserve peace officer can be paid or unpaid, AND he/she can only perform his/her duties for no more than 140 hours/month, AND he/she must have obtained his/her reserve peace officer certification from CLEET prior to being appointed as a reserve peace officer. So, an agreement with the School District on what kind of law enforcement officer will fill the role of SRO is necessary.
Third, regardless of whether the SRO is a peace officer or a reserve peace officer, it is critical that the SRO be the City or Town’s employee, not the School District’s employee. Why? If your City or Town issues a police commission to an individual, your City or Town is legally liable for the actions that person takes within the scope of his/her employment with the City or Town. Therefore, your City or Town should have the authority over that individual that exists in the “usual” employment relationship, such as the authority to supervise, train, discipline, assign duties, etc. A police commission gives the holder of the commission certain legal authority, such as the authority to seize someone and to use force while doing so. A police commission authorizes the individual holding it to carry a firearm into a school (which is a place where “regular” citizens cannot carry a gun). This is so, regardless of how the individual’s salary/wages are funded. So, knowing that your City or Town is legally liable for an arrest, use of force, detention, etc., made by an individual to whom your City or Town has given a police commission, why would you NOT want the authority to supervise, train, discipline, assign duties, etc.?
Fourth, the SRO Program legislation requires that an SRO employed via the SRO Program shall successfully complete law enforcement active shooter emergency response training given by the Council on Law Enforcement Education and approved by the Oklahoma Department of Public Safety. The SRO Program legislation does not identify a date or timeframe by which this training must be completed. Again, an agreement with the School District on this topic is necessary.
Fifth, the SRO is in place to enforce state and local law, not the School’s policies or procedures. This needs to be addressed with the School District, as well. For example, when student Billy Bob shows up at school wearing clothing that conflicts with the School’s dress code, the School District, not the SRO, should address this with Billy Bob pursuant to its policies and procedures. The School’s dress code is NOT state or local law which the SRO is in place to enforce, generally speaking.
Finally, it is worth noting: a School District can create its own “School Police Department” pursuant to the Oklahoma Campus Security Act. So, contracting with a City or Town to provide the SRO is not the only way to have an SRO in the School District. This article is intended to address things a City or Town should consider when deciding how it can best assist and support the School District under this new SRO Program.
