School resource officers; authorize to search a student's person and possession upon reasonable suspicion of unlawful activity.

H. B. No. 968 *HR43/R300* ~ OFFICIAL ~ G1/2
26/HR43/R300
PAGE 1 (DJ\KP)

To: Education; Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Fondren

HOUSE BILL NO. 968

AN ACT TO AMEND SECTIONS 37-3-82 AND 37-11-29, MISSISSIPPI 1
CODE OF 1972, TO AUTHORIZE SCHOOL RESOURCE OFFICERS ACTING WITHIN 2
THE SCOPE OF THEIR EMPLOYMENT WITH A SCHOOL DISTRICT TO DETAIN AND 3
CONDUCT A REASONABLE SEARCH OF THE PERSON AND POSSESSIONS OF ANY 4
STUDENT THAT THE SCHOOL RESOURCE OFFICER HAS REASONABLE SUSPICION 5
TO BELIEVE IS ENGAGED IN UNLAWFUL ACTIVITY, SO AS TO ESTABLISH 6
PROBABLE CAUSE TO CONDUCT THE SEARCH; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 37-3-82, Mississippi Code of 1972, is 9
amended as follows: 10
37-3-82. (1) There is hereby established the Mississippi 11
Community Oriented Policing Services in Schools (MCOPS) grant 12
program in the State Department of Education to provide funding, 13
pursuant to specific appropriation by the Legislature therefor, to 14
assist law enforcement agencies in providing additional School 15
Resource Officers to engage in community policing in and around 16
primary and secondary schools. The MCOPS program shall authorize 17
the State Department of Education to make grants to increase 18
deployment of law enforcement officers in order (a) to increase or 19
enhance community policing in this state, (b) that trained, sworn 20
H. B. No. 968 *HR43/R300* ~ OFFICIAL ~
26/HR43/R300
PAGE 2 (DJ\KP)

enforcement officers assigned to schools play an integral part in 21
the development and/or enhancement of a comprehensive school 22
safety plan, and (c) that the presence of these officers shall 23
provide schools with a direct link to local law enforcement 24
agencies. 25
(2) The MCOPS program shall meet the following requirements 26
and standards: 27
(a) This program shall provide an incentive for law 28
enforcement agencies to build collaborative partnerships with the 29
school community and to use community policing efforts to combat 30
school violence and implement educational programs to improve 31
student and school safety. 32
(b) The additional School Resource Officers must devote 33
at least seventy-five percent (75%) of their time to work in and 34
around primary and secondary schools, in addition to the time that 35
School Resource Officers are devoting in the absence of the MCOPS 36
in Schools grant. 37
(c) Beginning with the 2019-2020 school year, the MCOPS 38
in Schools program shall provide a minimum state contribution of 39
up to Ten Thousand Dollars ($10,000.00) per officer position over 40
the one-year grant period, to be matched from local funds on a 41
50/50 matching basis. Officers paid with MCOPS funds may be 42
employed by the local law enforcement agency or by the local 43
school district. MCOPS funds may be used to pay for entry-level 44
salaries and benefits of newly trained additional School Resource 45
H. B. No. 968 *HR43/R300* ~ OFFICIAL ~
26/HR43/R300
PAGE 3 (DJ\KP)

Officers and may be used to pay the salaries and benefits of 46
School Resource Officers employed prior to July 1, 2013. All 47
jurisdictions that apply must demonstrate that they have primary 48
law enforcement authority over the school(s) identified in their 49
application and demonstrate their inability to implement this 50
project without state assistance. Schools or law enforcement 51
agencies may not reduce its overall federal, state, locally funded 52
level of sworn officers (including other School Resource Officers 53
or other sworn officers assigned to the schools) as a result of 54
applying for or receiving MCOPS in Schools grant funding. MCOPS 55
in Schools funding may be used to rehire sworn officers previously 56
employed who have been laid off for financial reasons unrelated to 57
the availability of the MCOPS in Schools grant, but must obtain 58
prior written approval from the State Department of Education. 59
MCOPS in Schools funding may be used to train school resource 60
officers. In order to be eligible for such program, each local 61
school board desiring to participate shall apply to the State 62
Department of Education by May 31 before the beginning of the 63
applicable fiscal year on forms provided by the department. The 64
State Department of Education shall determine by July 1 of each 65
succeeding year which local school districts have submitted 66
approved applications for School Resource Officer funding. 67
(d) School Resource Officers (SROs) may serve in a 68
variety of roles, including, but not limited to, that of a law 69
enforcement officer/safety specialist, law-related educator, and 70
H. B. No. 968 *HR43/R300* ~ OFFICIAL ~
26/HR43/R300
PAGE 4 (DJ\KP)

problem-solver/community liaison. These officers may teach 71
programs such as crime prevention, substance abuse prevention, and 72
gang resistance as well as monitor and assist troubled students 73
through mentoring programs. The School Resource Officer(s) may 74
also identify physical changes in the environment that may reduce 75
crime in and around the schools, as well as assist in developing 76
school policies which address criminal activity and school safety. 77
The application must also include a Memorandum of Understanding 78
(MOU), signed by the law enforcement executive and the appropriate 79
school official(s), to document the roles and responsibilities to 80
be undertaken by the law enforcement agency and the educational 81
school partner(s) through this collaborative effort. While acting 82
within the scope of their official law enforcement capacity, 83
school resource officers may, with reasonable suspicion that a 84
student is engaged in unlawful activity, as defined under Section 85
37-11-29(6), within a school facility or upon educational 86
property, so as to establish probable cause, detain and conduct a 87
search of the person and possessions of the student presumed to be 88
engaged in unlawful activity, which is reasonable in scope and not 89
excessively intrusive in light of the student's ages, sex and 90
nature of the suspected unlawful activity. Any search executed by 91
a school resource officer under the authority of this subsection 92
must comply with constitutional protections afforded students 93
under the Fourth Amendment of the United States Constitution. The 94
application must also include a Narrative Addendum to document 95
H. B. No. 968 *HR43/R300* ~ OFFICIAL ~
26/HR43/R300
PAGE 5 (DJ\KP)

that the School Resource Officer(s) will be assigned to work in 96
and around primary or secondary schools and provide supporting 97
documentation in the following areas: problem identification and 98
justification, community policing strategies to be used by the 99
officers, quality and level of commitment to the effort, and the 100
link to community policing. 101
(e) All agencies receiving awards through the MCOPS in 102
Schools program are required to send the School Resource Officer 103
position(s) funded by this grant, to the Mississippi Law 104
Enforcement Officers' Training Academy where they shall be 105
required to participate in training through the Advanced Law 106
Enforcement Rapid Response Training Program at the academy, with 107
the cost to be defrayed from the MCOPS program. The MCOPS Office 108
of the State Department of Education will reimburse grantees for 109
training, per diem, travel, and lodging costs for attendance of 110
required participants up to a maximum of One Thousand Two Hundred 111
Dollars ($1,200.00) per person attending. Applicants receiving an 112
MCOPS in Schools grant, will receive additional training 113
information following notification of the grant award. The MCOPS 114
in Schools training requirement must be completed prior to the end 115
of twelve-month grant funding for officer positions. 116
(3) The State Department of Education shall promulgate rules 117
and regulations prescribing procedures for the application, 118
expenditure requirements and the administration of the Mississippi 119
Community Oriented Policing Services in Schools (MCOPS) program 120
H. B. No. 968 *HR43/R300* ~ OFFICIAL ~
26/HR43/R300
PAGE 6 (DJ\KP)

established in this section, and shall make a report on the 121
implementation of the MCOPS program with any recommendations to 122
the 2020 Regular Session of the Legislature. 123
SECTION 2. Section 37-11-29, Mississippi Code of 1972, is 124
amended as follows: 125
37-11-29. (1) (a) Any principal, teacher or other school 126
employee who has knowledge of any unlawful activity which occurred 127
on educational property or during a school related activity or 128
which may have occurred shall report such activity to the 129
superintendent of the school district or his designee who shall 130
notify the appropriate law enforcement officials as required by 131
this section. In the event of an emergency or if the 132
superintendent or his designee is unavailable, any principal may 133
make a report required under this subsection. 134
(b) While acting within the scope of their official law 135
enforcement capacity, school resource officers may, with 136
reasonable suspicion that a student is engaged in unlawful 137
activity, as defined under subsection (6), within a school 138
facility or upon educational property, so as to establish probable 139
cause, detain and conduct a search of the person and possessions 140
of the student presumed to be engaged in unlawful activity, which 141
is reasonable in scope and not excessively intrusive in light of 142
the student's ages, sex and nature of the suspected unlawful 143
activity. Any search executed by a school resource officer under 144
the authority of this subsection must comply with constitutional 145
H. B. No. 968 *HR43/R300* ~ OFFICIAL ~
26/HR43/R300
PAGE 7 (DJ\KP)

protections afforded students under the Fourth Amendment of the 146
United States Constitution. 147
(2) Whenever any person who shall be an enrolled student in 148
any school or educational institution in this state supported in 149
whole or in part by public funds, or who shall be an enrolled 150
student in any private school or educational institution, is 151
arrested for, and lawfully charged with, the commission of any 152
crime and convicted upon the charge for which he was arrested, or 153
convicted of any crime charged against him after his arrest and 154
before trial, the office or law enforcement department of which 155
the arresting officer is a member, and the justice court judge and 156
any circuit judge or court before whom such student is tried upon 157
said charge or charges, shall make or cause to be made a report 158
thereof to the superintendent or the president or chancellor, as 159
the case may be, of the school district or other educational 160
institution in which such student is enrolled. 161
If the charge upon which such student was arrested, or any 162
other charges preferred against him are dismissed or nol prossed, 163
or if upon trial he is either convicted or acquitted of such 164
charge or charges, same shall be reported to said respective 165
superintendent or president, or chancellor, as the case may be. A 166
copy of said report shall be sent to the Secretary of the Board of 167
Trustees of State Institutions of Higher Learning of the State of 168
Mississippi, at Jackson, Mississippi. 169
H. B. No. 968 *HR43/R300* ~ OFFICIAL ~
26/HR43/R300
PAGE 8 (DJ\KP)

Said report shall be made within one (1) week after the 170
arrest of such student and within one (1) week after any charge 171
placed against him is dismissed or nol prossed, and within one (1) 172
week after he shall have pled guilty, been convicted, or have been 173
acquitted by trial upon any charge placed against him. This 174
section shall not apply to ordinary traffic violations involving a 175
penalty of less than Fifty Dollars ($50.00) and costs. 176
The State Superintendent of Public Education shall gather 177
annually all of the reports provided under this section and 178
prepare a report on the number of students arrested as a result of 179
any unlawful activity which occurred on educational property or 180
during a school related activity. All data must be disaggregated 181
by race, ethnicity, gender, school, offense and law enforcement 182
agency involved. However, the report prepared by the State 183
Superintendent of Public Education shall not include the identity 184
of any student who was arrested. 185
On or before January 1 of each year, the State Superintendent 186
of Public Education shall report to the Governor, the Lieutenant 187
Governor, the Speaker of the House of Representatives and the 188
Joint PEER Committee on this section. The report must include 189
data regarding arrests as a result of any unlawful activity which 190
occurred on educational property or during a school related 191
activity. 192
(3) When the superintendent or his designee has a reasonable 193
belief that an act has occurred on educational property or during 194
H. B. No. 968 *HR43/R300* ~ OFFICIAL ~
26/HR43/R300
PAGE 9 (DJ\KP)

a school related activity involving any of the offenses set forth 195
in subsection (6) of this section, the superintendent or his 196
designee shall immediately report the act to the appropriate local 197
law enforcement agency. For purposes of this subsection, "school 198
property" shall include any public school building, bus, public 199
school campus, grounds, recreational area or athletic field in the 200
charge of the superintendent. The State Board of Education shall 201
prescribe a form for making reports required under this 202
subsection. Any superintendent or his designee who fails to make 203
a report required by this section shall be subject to the 204
penalties provided in Section 37-11-35. 205
(4) The law enforcement authority shall immediately dispatch 206
an officer to the educational institution and with probable cause 207
the officer is authorized to make an arrest if necessary as 208
provided in Section 99-3-7. 209
(5) Any superintendent, principal, teacher or other school 210
personnel participating in the making of a required report 211
pursuant to this section or participating in any judicial 212
proceeding resulting therefrom shall be presumed to be acting in 213
good faith. Any person reporting in good faith shall be immune 214
from any civil liability that might otherwise be incurred or 215
imposed. 216
(6) For purposes of this section, "unlawful activity" means 217
any of the following: 218
H. B. No. 968 *HR43/R300* ~ OFFICIAL ~
26/HR43/R300
PAGE 10 (DJ\KP)
ST: School resource officers; authorize to
search a student's person and possession upon
reasonable suspicion of unlawful activity.
(a) Possession or use of a deadly weapon, as defined in 219
Section 97-37-1; 220
(b) Possession, sale or use of any controlled 221
substance; 222
(c) Aggravated assault, as defined in Section 97-3-7; 223
(d) Simple assault, as defined in Section 97-3-7, upon 224
any school employee; 225
(e) Rape, as defined under Mississippi law; 226
(f) Sexual battery, as defined under Mississippi law; 227
(g) Murder, as defined under Mississippi law; 228
(h) Kidnapping, as defined under Mississippi law; or 229
(i) Fondling, touching * * * or handling * * * a child 230
for lustful purposes, as defined in Section 97-5-23. 231
For the purposes of this subsection (6), the term "controlled 232
substance" does not include the possession or use of medical 233
cannabis that is lawful under the Mississippi Medical Cannabis Act 234
and in compliance with rules and regulations adopted thereunder. 235
SECTION 3. This act shall take effect and be in force from 236
and after July 1, 2026. 237