Under present law, for the purposes of the School Security Act of 1981 ("Act"), a "school resource officer" means (i) an officer, employee, or agent of the government who has a duty imposed by law to maintain public order; or make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, and investigate the commission or suspected commission of offenses ("law enforcement officer"); and (ii) who is in compliance with all laws, rules, and regulations of the peace officers standards and training commission and who has been assigned to a school in accordance with a memorandum of understanding between the chief of the appropriate law enforcement agency and the LEA. Present law clarifies that a "school resource officer" specifically includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer.
This bill provides that under the Act, a "school resource officer" also means (i) an individual who is no more than seven years retired from service as a law enforcement officer from a federal, state, or local law enforcement agency ("retired law enforcement officer") who has been assigned to a public school by the director of schools or director of the public charter school; or (ii) an honorably discharged veteran of the United States armed forces who has been assigned to a public school by the director of schools or by the director of the public charter school.
EMPLOYING SCHOOL RESOURCE OFFICERS
This bill authorizes a school to employ a retired law enforcement officer or honorably discharged veteran of the U.S. armed forces to provide security on school premises. This bill requires each local board of education and public charter school governing body that intends to employ a retired law enforcement officer or honorably discharged veteran as a school resource officer to adopt a policy that outlines the duties, responsibilities, and authority of a school resource officer, including any limitations on such a school resource officer's authority. Each policy must ensure compliance with federal and state privacy laws.
PEOPLE PERMITTED TO POSSESS AND CARRY A FIREARM ON SCHOOL GROUNDS
Present law provides that, in order to lawfully possess and carry a firearm on the grounds of a school, a person must (i) currently be, or have prior experience as, a law enforcement officer; (ii) be in compliance with all laws, rules and regulations of the peace officer standards and training commission; and (iii) have successfully completed 40 hours in basic training in school policing as required by employment standards for school resource officers, so long as such training is approved by the LEA and the cost of the training, firearm, and ammunition is at the expense of the person seeking authorization and not the LEA.
This bill authorizes a retired law enforcement officer or honorably discharged veteran assigned to a public school as a school resource officer by the director to possess and carry a firearm on school grounds, so long as such school resource officer meets the following conditions:
(1) Successfully completes 40 hours in basic training in school policing as required by the employment standards for school resource officers, such training was approved by the LEA or public charter school, and the cost of the training, firearm, and ammunition is at the expense of the school resource officer seeking authorization and not the LEA or public charter school;
(2) Receives the written authorization of the chief of the appropriate law enforcement agency to carry or possess a firearm on school grounds;
(3) Is not prohibited from purchasing, possessing, or carrying a handgun under the laws of this state or federal law, as determined by a background check; and
(4) Has been certified by a Tennessee licensed healthcare provider, qualified in the psychiatric or psychological field and who contracts with the authorizing law enforcement agency, as being free from any impairment at the time of the examination that would, in the professional judgment of the examiner, affect the person's ability to safely carry or possess a firearm on the grounds of a school.
Under this bill, the agency receiving the school resource officer's fingerprints under (3) above must submit the fingerprints to the Tennessee bureau of investigation (TBI), and upon receipt of the fingerprints from the agency, the TBI is required to do the following:
(1) Within 30 days, conduct computer searches to determine the person's eligibility to purchase, possess, or carry a handgun as are available to the bureau based solely upon the person's name, date of birth, and social security number, and send the results of the searches to the submitting agency; and
(2) Conduct a criminal history records check using one set of the fingerprints received by the TBI; send the results of the criminal history records check to the submitting agency; send one set of the fingerprints received from the submitting agency to the FBI; request a federal criminal history records check from the FBI, if the service is available; and send the results of the federal criminal history records check to the submitting agency.
SCHOOL PERSONNEL INFORMED ABOUT A CHILD'S DELIQUENCY ADJUDICATION
Under present law, a court that finds a child delinquent for committing certain named offenses may determine, based on the circumstances surrounding the offense, that certain school personnel must be notified of otherwise confidential information regarding a child's delinquency adjudication, including, but not limited to, the school resource officer.
This bill provides that, under the above provision, a "school resource officer" means a law enforcement officer who is in compliance with all laws, rules, and regulations of the peace officers standards and training commission and who has been assigned to a school in accordance with a memorandum of understanding between the chief of the appropriate law enforcement agency and the LEA, and includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer.
ASSISTING A SCHOOL TO ENFORCE A COURT ORDER
Under present law, a school resource officer is authorized to assist school officials in the enforcement of orders issued by the court for certain offenses committed by a student, and must be made fully aware of the confidential nature of any order and a student's educational assignment. This bill provides that, under this provision, a "school resource officer" means a law enforcement officer who is in compliance with all laws, rules, and regulations of the peace officers standards and training commission and who has been assigned to a school in accordance with a memorandum of understanding between the chief of the appropriate law enforcement agency and the LEA, and includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer.
SHARING INFORMATION ABOUT A CHILD'S DELINQUENCY ADJUDICATION
Under present law, the abstract and information from a juvenile court or another source detailing a student's delinquency adjudication for certain offenses committed by the student must only be shared with certain persons, including, but not limited to the school resource officer. This bill provides that, under this provision, a "school resource officer" means a law enforcement officer who is in compliance with all laws, rules, and regulations of the peace officers standards and training commission and who has been assigned to a school in accordance with a memorandum of understanding between the chief of the appropriate law enforcement agency and the LEA, and includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer.
JUVENILE PETITION AGAINST SPECIAL EDUCATION SERVICES STUDENT
Under present law, school personnel may file a juvenile petition against a student receiving special education services, but only after a manifestation determination review is conducted in compliance with the requirements of the Individuals with Disabilities Education Act, which results in a determination that a law enforcement officer who is in compliance with all laws, rules and regulations of the peace officers standards and training commission and who has been assigned to a school in accordance with a memorandum of understanding between the chief of the appropriate law enforcement agency and the LEA ("school resource officer"), may, upon witnessing an offense, take the student into custody. This bill provides that, for purposes of this provision, a "school resource officer" means a law enforcement officer who is in compliance with all laws, rules, and regulations of the peace officers standards and training commission and who has been assigned to a school in accordance with a memorandum of understanding between the chief of the appropriate law enforcement agency and the LEA, and includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer.
WAIVER OF LAW ENFORCEMENT EMPLOYMENT FOR SCHOOL POLICING TRAINING
In order to receive the training necessary to become school resource officers, this bill requires the Tennessee peace officer standards and training commission to waive for retired law enforcement officers and honorably discharged veterans of the United States the requirement that a law enforcement officer be employed by a law enforcement agency in order to receive basic training in school policing.
EXEMPTION
This bill adds that the Private Protective Services Licensing and Regulatory Act, which regulates armed and unarmed security guards, certified trainers, and contract security companies, does not apply to school resource officers under this bill.

Statutes affected:
Introduced: 49-6-4202, 49-6-815(b), 49-6-815, 37-1-131(a)(2)(F), 37-1-131, 37-1-131(c)(5), 49-6-3051(d), 49-6-3051, 49-10-1304(h), 49-10-1304, 38-8-104, 62-35-103(a), 62-35-103