Can a Mississippi sheriff's department contract with a private school to provide school resource officers for pay?

Plain-English summary

The DeSoto County Board of Supervisors and Sheriff's Department wanted to know if they could enter a contract with a private, non-profit school to provide school resource officers (SROs) for pay. The AG said no.

Two pieces of the analysis:

1. The school resource officer contracting statute, § 21-19-49(2), does not cover private schools. It says: "Municipalities, municipal police departments and the sheriffs' departments may contract with the school board of any school district to provide additional Law Enforcement Officers Training Academy-certified police protection to said school district on such terms and for such reimbursement as the school district and the entity may agree in their discretion." The AG read "school district" as referring to the public school districts established under Section 201 of the Mississippi Constitution and defined in the Uniform School Law (§§ 37-6-1 et seq.). § 37-6-5 confirms each public school district is a political subdivision. The statute does not reach private, non-profit schools.

2. The sheriff's general duty under § 19-25-67 covers all citizens of the county, and the sheriff cannot charge for it. The AG cited Howard (Dec. 9, 2005) and Rasco (Mar. 5, 2010): "the sheriff has a statutory duty 'to provide police protection to all of the citizens within the county' and cannot contract with private entities to provide increased security." There is no authority for a paid arrangement.

The opinion makes two important clarifications. First, it states this opinion and the 2009 Rasco opinion the requestor referenced "should not be interpreted to suggest that a sheriff's department can provide a school resource officer, increased law enforcement presence, or something akin to private security at private schools as long as he does not charge the school for these services." The sheriff has discretion over how to allocate the resources of his office, but the authority to provide police protection at a private school falls within his general authority under § 19-25-67 and "is no greater than anywhere else within the county." Frierson (Dec. 7, 1995): "no authority exists to provide greater protection to certain areas of the county in return for the residents of those areas making payments to the county to cover the costs of additional protection." Second, the opinion notes private schools have other options: there is nothing prohibiting a private school from hiring private security services, and § 17-25-11 allows certified law enforcement officers to perform off-duty private security work.

What this means for you

If you administer a private school in Mississippi

The opinion holds there is no authority for a board of supervisors or sheriff's department to contract with a private, non-profit school to provide additional law enforcement protection for reimbursement. It notes there is nothing prohibiting a private school from hiring private security services, and that § 17-25-11 allows certified law enforcement officers to perform off-duty private security work using the official uniform, firearm, and vehicle. It cautions that the sheriff's protection at a private school is "no greater than anywhere else within the county."

If you are a Mississippi sheriff

The opinion holds the sheriff's duty under § 19-25-67 is to keep the peace within the county and that the sheriff may not charge a fee for doing so or contract with a private entity for increased security. It holds the sheriff has discretion over how to allocate the resources of his office, but that providing police protection at a private school falls within his general countywide authority and is no greater than anywhere else. It states the opinion should not be read to allow a sheriff to provide an SRO or increased presence at a private school even without charging.

If you are a county supervisor

The opinion holds § 21-19-49(2) authorizes contracts only with the school board of a school district, which it reads as public school districts established under Section 201 of the Mississippi Constitution and defined in the Uniform School Law (§§ 37-6-1 et seq.; § 37-6-5). It holds the provision does not apply to private, non-profit schools.

If you are a school resource officer program manager

The opinion distinguishes contracts with public school districts under § 21-19-49(2) (authorized) from paid arrangements with private schools (no authority). It identifies private security services and off-duty employment of certified officers under § 17-25-11 as the available routes for private schools.

Common questions

Q: Can a private school just call the sheriff for help when something happens?
A: Yes, that is the sheriff's general duty under § 19-25-67. What is barred is a paid contract for ongoing protection. A 911 call or a request for officer response is part of regular law enforcement service.

Q: Can a private school hire an off-duty deputy as a school security officer?
A: The opinion notes § 17-25-11 allows certified law enforcement officers to perform off-duty private security work using the official uniform, firearm, and vehicle issued by the employing jurisdiction. It presents this as an available alternative to a contract with the sheriff's department.

Q: Can a private school still get help from the sheriff?
A: The opinion holds the sheriff's general duty under § 19-25-67 to keep the peace covers the whole county, but that protection at a private school is "no greater than anywhere else within the county." It cannot be sold or supplemented for pay, and the opinion says it should not be read to allow a dedicated SRO or increased presence at a private school even for free.

Background and statutory framework

Section 21-19-49(2) authorizes contracts for additional law enforcement protection at public schools:

Municipalities, municipal police departments and the sheriffs' departments may contract with the school board of any school district to provide additional Law Enforcement Officers Training Academy-certified police protection to said school district on such terms and for such reimbursement as the school district and the entity may agree in their discretion.

The "school district" reference connects to Section 201 of the Mississippi Constitution and the Uniform School Law (§§ 37-6-1 et seq.). § 37-6-5 expressly classifies each school district as a political subdivision. Private schools are not school districts.

Section 19-25-67 sets the sheriff's duty: keeping the peace within the county. The AG reads this together with prior opinions to mean the sheriff's protection is countywide and cannot be sold or supplemented for pay. Howard (Dec. 9, 2005) and Rasco (Mar. 5, 2010) and Frierson (Dec. 7, 1995) are the supporting line.

Section 17-25-11 is the off-duty private security framework, allowing certified officers to use the official uniform, firearm, and vehicle off-duty with approval.

Citations

• Miss. Code Ann. § 21-19-49(2)
• Miss. Code Ann. §§ 37-6-1 et seq.
• Miss. Code Ann. § 37-6-5
• Miss. Code Ann. § 19-25-67
• Miss. Code Ann. § 17-25-11
• MS AG Op., Howard (Dec. 9, 2005)
• MS AG Op., Rasco (Mar. 5, 2010)
• MS AG Op., Rasco (Dec. 7, 2009)
• MS AG Op., Frierson (Dec. 7, 1995)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/04/S.Barber-April-2-2024-School-Law-Enforcement-Protection-Agreement.pdf

Original opinion text

April 2, 2024
Samuel T. Barber, Esq.
Attorney, DeSoto County Board of Supervisors
Post Office Box 346
Hernando, Mississippi 38632
Re: School Law Enforcement Protection Agreement

Dear Mr. Barber:
The Office of the Attorney General has received your request for an official opinion.

Question Presented
May the Board of Supervisors and the Sheriff's Department enter into an agreement with a private, non-profit school to provide school resource officers, setting out such terms for reimbursement as may be agreed upon by the parties?

Applicable Law and Discussion
No. There is no authority for a Board of Supervisors or the Sheriff's Department to enter into an agreement with a private, non-profit school to provide additional law enforcement protection and be reimbursed for the associated costs.

Brief Response
Section 21-19-49(2) provides, in relevant part:

Municipalities, municipal police departments and the sheriffs' departments may contract with the school board of any school district to provide additional Law Enforcement Officers Training Academy-certified police protection to said school district on such terms and for such reimbursement as the school district and the entity may agree in their discretion.

The "school districts" in Section 21-19-49 refer to public school districts established pursuant to Section 201 of the Mississippi Constitution and further defined in the Mississippi Uniform School Law. Miss. Code Ann. §§ 37-6-1, et seq.; see § 37-6-5 ("Each school district in the state shall be a political subdivision with the name of the district being '____ School District.'"). Section 21-19-49(2) does not apply to private, non-profit schools.

Section 19-25-67 requires the sheriff to keep the peace within his county. This office has consistently opined that the sheriff has a statutory duty "to provide police protection to all of the citizens within the county" and cannot contract with private entities to provide increased security. MS AG Op., Howard at 1 (Dec. 9, 2005); see MS AG Op., Rasco at 1 (Mar. 5, 2010) (opining that "[t]he sheriff has a statutory duty of keeping the peace within the county and may not charge a fee for doing so."). Accordingly, there is no authority for a board of supervisors or sheriff's department to enter into an agreement to provide school resource officers to a non-profit, private school and seek reimbursement for doing so. For clarification, this opinion and the 2009 Rasco opinion you reference in your request should not be interpreted to suggest that a sheriff's department can provide a school resource officer, increased law enforcement presence, or something akin to private security at private schools as long as he does not charge the school for these services. MS AG Op., Rasco (Dec. 7, 2009); see MS AG Op., Frierson at 1 (Dec. 7, 1995) ("It is the duty of the sheriff to keep the peace within the county . . . and no authority exists to provide greater protection to certain areas of the county in return for the residents of those areas making payments to the county to cover the costs of additional protection."). The sheriff does have "discretion as to how to allocate and deploy the resources of his office." Rasco at 1 (Mar. 5, 2010). However, the authority of the sheriff to provide police protection at a private school within his county falls within his general authority under Section 19-25-67 and is no greater than anywhere else within the county.

Notably, while there is no authority for a county or sheriff's department to contract with a non-profit, private entity to provide increased police protection, there is nothing prohibiting a private school from hiring private security services, and Section 17-25-11 allows certified law enforcement officers to "wear the official uniform and . . . utilize the official firearm and the official vehicle issued by the employing jurisdiction while in the performance of private security services in off-duty hours."

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General