Can a Virginia county pay for school resource officers in private schools, including religious schools, alongside its public schools?

Plain-English summary

Pittsylvania County Sheriff Taylor wanted to put school resource officers in all county schools, public and private, as part of a safe-school initiative. The County Board of Supervisors asked whether they could legally pay for SROs at the private schools using county money.

The AG said yes.

The Dillon Rule analysis. Virginia counties have only those powers expressly granted, fairly implied from express grants, or essential and indispensable. The express grants here:

Va. Code § 15.2-950: counties may "make appropriations for the purposes for which it is empowered to levy taxes and make assessments, for the support of the locality, for the performance of its functions, and the accomplishment of all other lawful purposes and objectives."

Va. Code § 15.2-1200: "Any county may adopt such measures as it deems expedient to secure and promote the health, safety and general welfare of its inhabitants which are not inconsistent with the general laws of the Commonwealth."

The Virginia Supreme Court has consistently read this general police-powers grant broadly when public safety is at stake. The AG cited several examples: localities can restrict firearms sales (Stallings), can ban keeping vicious dogs (King), can regulate pool rooms (Assaid). Funding SROs to protect children in any school within the locality falls comfortably within this broad police-powers grant.

The Code's specific "school resource officer" definition in Va. Code § 9.1-101 limits "SRO" as a defined term to officers serving in public schools. The AG flagged this distinction: the county can't apply for Criminal Justice Services Board grants under § 9.1-110 for officers serving at private schools. But the lack of grant eligibility doesn't constrain the underlying authority to fund the positions from county money.

The Establishment Clause question. Many private schools in Virginia have religious affiliations. Could the county fund officers at religious schools without violating the First Amendment? The AG said yes.

The U.S. Supreme Court's foundational establishment-clause case Everson v. Board of Education explicitly noted that the state can provide "ordinary police protection" to religious schools without violating the First Amendment. Police protection is a predominantly secular function (school safety, not religious mission), and it does not advance or inhibit religion. So funding officers at religious schools is no different constitutionally than providing fire protection or municipal road maintenance.

The 2006 AG opinion the AG cited had applied the same principle: "The mere fact that the programs being implemented have a religious component does not render them unconstitutional on their face."

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

After Sandy Hook (December 2012), state legislatures across the country expanded SRO programs. Virginia has amended its school safety statutes multiple times since 2013. The general principles in this opinion (Dillon Rule, police powers, Establishment Clause) remain durable, but current funding programs and statutory definitions should be verified.

Common questions

What is a school resource officer?
A sworn law enforcement officer assigned to a school to provide safety, mentoring, and law enforcement services. SROs are typically county deputies, city police, or contracted security under state-specific training requirements.

Are SROs required in Virginia schools?
The opinion does not address mandatory SRO statutes; Virginia law has changed on this point multiple times since 2013. Check current Va. Code § 9.1-110 and related provisions.

Why does the SRO definition matter?
Because the Criminal Justice Services Board grants under § 9.1-110 are tied to the statutory definition, which limits SROs to public schools. A county hiring officers for private schools cannot use those state grant dollars, even if the officers do the same work as their public-school counterparts.

Can the county still fund private-school SROs out of county money?
Yes. The opinion is clear that the county's general police-powers grant authorizes the spending. The funding source is county revenue, not state grant dollars.

What about an officer who serves both public and private schools?
The opinion doesn't address this hybrid arrangement specifically, but the underlying principles suggest it would be permissible. The officer's public-school service would meet the § 9.1-101 definition; the private-school service would fall under general police powers.

Does this open the door to other county spending on private schools?
Not directly. The opinion is anchored to a specific kind of spending (public-safety protection) that the Establishment Clause expressly permits. Other kinds of spending (curriculum subsidies, building maintenance) would require their own analysis and might trigger different constitutional issues.

What if the private school doesn't want an officer?
The opinion does not require schools to accept officers; it just authorizes counties to provide them. As a practical matter, the county would need agreement from the private school about access, scope, and operations.

Does this apply to cities and towns?
The opinion specifically addresses counties. Cities and towns have their own general welfare and police-powers statutes (Va. Code §§ 15.2-1101, 15.2-1102), which would be analyzed similarly but separately.

Background and statutory framework

The statutory framework:

• Va. Code § 15.2-950: county's general appropriation authority.
• Va. Code § 15.2-1200: county's general welfare and safety power.
• Va. Code § 9.1-101: defines "school resource officer" (public-school-only definition).
• Va. Code § 9.1-110: Criminal Justice Services Board SRO grant program.

The interpretive moves:

• Dillon Rule analysis: identify the express grants (§§ 15.2-950, 15.2-1200), determine whether the proposed spending falls within them.
• Broad reading of police powers when public safety is involved (Stallings, King, Assaid).
• A specific statutory definition (§ 9.1-101) for SROs does not foreclose other lawful arrangements; it just limits the grant eligibility.
• Establishment Clause analysis applied to spending on religious-school-located police protection: secular function, no advancement/inhibition of religion, no excessive entanglement (Everson).

Citations

• Va. Code § 9.1-101
• Va. Code § 9.1-110
• Va. Code § 15.2-950
• Va. Code § 15.2-1200
• U.S. Const. amend. I
• Arlington Cnty. v. White, 259 Va. 708, 528 S.E.2d 706 (2000)
• City of Va. Beach v. Hay, 258 Va. 217, 518 S.E.2d 314 (1999)
• Stallings v. Wall, 235 Va. 313, 367 S.E.2d 496 (1988)
• King v. County of Arlington, 195 Va. 1084, 81 S.E.2d 587 (1954)
• Assaid v. City of Roanoke, 179 Va. 47, 18 S.E.2d 287 (1942)
• Everson v. Bd. of Educ., 330 U.S. 1 (1947)
• 1994 Op. Va. Att'y Gen. 29
• 2005 Op. Va. Att'y Gen. 84
• 2006 Op. Va. Att'y Gen. 164

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2013/13-042_Taylor.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General

July 19, 2013

The Honorable Michael W. Taylor
Sheriff, Pittsylvania County
Post Office Box 407
Chatham, Virginia 24531

Dear Sheriff Taylor:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You ask whether the local board of supervisors has the legal authority to provide school resource officers funded at county expense to the county's private schools as well as to the county's public schools.

Response

It is my opinion that the local board of supervisors may provide school resource officers for the county's private schools as well as the county's public schools.

Background

You relate that your office has recommended to the Pittsylvania County Board of Supervisors the hiring of additional deputies to serve as school resource officers[1] to accomplish the goals of a safe school initiative in that county. You indicate that local leaders have asked whether the county has the legal authority to spend funds to hire, train, and equip deputies who would serve at the county's private schools as well as the county's public schools.

Applicable Law and Discussion

In determining the powers of a local government, Virginia follows the Dillon Rule of strict construction, whereby power of a local governing body is limited to "those powers which are expressly granted by the state legislature, those powers fairly or necessarily implied from expressly granted powers, and those powers which are essential and indispensable."[2] The General Assembly has provided local governments general authority to "make appropriations for the purposes for which it is empowered to levy taxes and make assessments, for the support of the locality, for the performance of its functions, and the accomplishment of all other lawful purposes and objectives ...."[3]

One of the most important functions of local government is public safety and the exercise of police powers to achieve that safety. Section 15.2-1200 provides that "[a]ny county may adopt such measures as it deems expedient to secure and promote the health, safety and general welfare of its inhabitants which are not inconsistent with the general laws of the Commonwealth."[4] The Supreme Court of Virginia has construed broadly this general grant of police powers to localities when public safety and morals are involved.[5] Accordingly, it is reasonable to anticipate that local governments may provide funding for law-enforcement positions to be assigned the duties of school resource officers in private as well as public schools located within their jurisdiction, so as to provide for the safety of all children attending school within their jurisdiction.

Although your inquiry does not distinguish between types of private schools, I note that many jurisdictions contain private schools with religious affiliations. Thus, it is appropriate to address whether a locality may provide for school resource officers to be present in private schools with religious affiliations, pursuant to the goal of ensuring the safety and security of the attending children. Providing such resource officers constitutes a predominantly secular act; it does not appear to advance or inhibit any religion or create an excessive entanglement with religion in violation of the Establishment Clause of the United States Constitution.[6] For those reasons, it is my opinion that the resource officers could be made available to all private schools within the local government's jurisdiction, notwithstanding that one or more of them may have a religious affiliation.

Conclusion

Accordingly, it is my opinion that a local board of supervisors may provide school resource officers for the county's private schools as well as the county's public schools.

With kindest regards, I am

Kenneth T. Cuccinelli, II
Attorney General

[1] Although the Code of Virginia provides a definition of "school resource officer" that is limited to include only officers serving in public schools, Va. Code Ann. § 9.1-101 (2012), such definition does not serve to preclude a local government from also installing officers to perform that function at private schools. The local government cannot, however, apply for grants pursuant to § 9.1-110 from the Criminal Justice Services Board for the additional law enforcement positions installed at private schools.

[2] Arlington Cnty. v. White, 259 Va. 708, 712, 528 S.E.2d 706, 708 (2000) (quoting City of Va. Beach v. Hay, 258 Va. 217, 221, 518 S.E.2d 314, 316 (1999)).

[3] Va. Code Ann. § 15.2-950 (2012).

[4] There are instances where the General Assembly makes evident that they do not intend a locality to be able to pass a measure. See 2005 Op. Va. Att'y Gen. 84, 85. I find nothing, however, to so indicate with respect to the question you present.

[5] See, e.g. Stallings v. Wall, 235 Va. 313, 318, 367 S.E.2d 496, 499 (1988) (holding that general delegation of authority was broad enough to permit localities to restrict sales of firearms); King v. Cnty. of Arlington, 195 Va. 1084, 1087, 81 S.E.2d 587, 590 (1954) (holding that county ordinance prohibiting keeping of vicious dogs was valid); Assaid v. City of Roanoke, 179 Va. 47, 50, 18 S.E.2d 287, 289 (1942) (concluding that city had power to regulate operation of pool rooms); see also 1994 Op. Va. Att'y Gen. 29, 31-32 (noting that state court decisions and prior opinions of the Attorney General have concluded that a locality's general police powers are broad enough to sustain local regulation of a wide range of activities and subjects).

[6] U.S. Const. amend. I. See Everson v. Bd. of Educ., 330 U.S. 1, 17-18 (noting that it is not a violation of the First Amendment for the state to provide ordinary police protection to religious schools). See also 2006 Op. Va. Att'y Gen. 164, 168 ("The mere fact that the programs being implemented have a religious component does not render them unconstitutional on their face.").