CKEB(LEGAL) - SECURITY PERSONNEL: SCHOOL MARSHALS

Note: For general provisions applicable to district security personnel, including school marshals, see CKE.

Board Authority

The board may appoint one or more school marshals for each campus. Education Code 37.0811(a)

Definition

A school marshal is a person who is appointed to serve as a school marshal by the board under Education Code 37.0811, is licensed under Occupations Code 1701.260, and has powers and duties described by Code of Criminal Procedure Article 2.127. Occupations Code 1701.001(8)

Eligibility

The board may select for appointment as a school marshal an applicant who is an employee of the district and certified as eligible for appointment under Occupations Code 1701.260. Education Code 37.0811(b)

To be eligible for appointment as a school marshal, an applicant shall:

  1. Successfully complete all prerequisite Texas Commission on Law Enforcement (TCOLE) training;
  2. Pass the state licensing exam;
  3. Be employed and appointed by an authorized school district; and
  4. Meet all statutory requirements, including psychological fitness.

37 TAC 227.3(a); Code of Criminal Procedure 2.127(d)

A school marshal training program is open to any employee of a district who holds a license to carry a handgun issued under Government Code Chapter 411, Subchapter H. 37 TAC 227.5(a)

TCOLE shall license an eligible person who:

  1. Completes required training to the satisfaction of TCOLE staff; and
  2. Is psychologically fit to carry out the duties of a school marshal as indicated by the results of the psychological examination administered under Occupations Code 1701.260(d).

Occupations Code 1701.260(f)

Reimbursement for Training

The board may, but shall not be required to, reimburse the amount paid by the applicant to participate in the training program under Occupations Code 1701.260. Education Code 37.0811(b)

District Responsibilities

A district shall:

  1. Submit and receive approval for an application to appoint a person as a school marshal;
  2. Upon authorization, notify TCOLE using approved format prior to appointment;
  3. Report to TCOLE, within seven days, when a person previously authorized to act as a school marshal is no longer employed with the district;
  4. Report to TCOLE, within seven days, when a person previously authorized to act as a school marshal is no longer authorized to do so by the district, TCOLE standards, another state agency, or under other law; and
  5. Immediately report to the commission a school marshal's violation of any commission standard, including the discharge of a firearm carried under the authorization of these provisions outside of a training environment.

For five years, the district must retain documentation that the district has met all requirements under law in a format readily accessible to TCOLE. This requirement does not relieve a district from retaining all other relevant records not otherwise listed.

37 TAC 227.1

Powers and Duties

A school marshal may make arrests and exercise all authority given to peace officers under the Code of Criminal Procedure, subject to written regulations adopted by the board.

A school marshal may only act as necessary to prevent or abate the commission of an offense that threatens serious bodily injury or death of students, faculty, or visitors on school premises.

A school marshal may not issue a traffic citation for a violation of the Transportation Code.

Code of Criminal Procedure 2.127

Reporting Requirements

Once appointed, a school marshal shall:

  1. Immediately report to TCOLE and the district any circumstance which would render them unauthorized to act as a school marshal by virtue of their employment with the district, failure to meet the standards of TCOLE, another state agency, or under law;
  2. Immediately report to TCOLE any violation of applicable TCOLE standards, including any discharge of a firearm carried under the authorization of these provisions outside of training environment; and
  3. Comply with all requirements under law, including Education Code 37.0811.

37 TAC 227.3(b)

Handgun Possession

A school marshal may carry or possess a handgun on the physical premises of a school, but only:

  1. In the manner provided by written regulations adopted by the board; and
  2. At a specific school as specified by the board.

Accessing Handgun

A school marshal may access a handgun only under circumstances that would justify the use of deadly force under Penal Code 9.32 or 9.33.

Board Regulations

Locked Gun Safe

A board's written regulations must provide that a school marshal may carry a concealed handgun, except that if the primary duty of the school marshal involves regular, direct contact with students, the marshal may not carry a concealed handgun but may possess a handgun on the physical premises of a school in a locked and secured safe within the marshal's immediate reach when conducting the marshal's primary duty.

Frangible Ammunition

The written regulations must also require that a handgun carried by or within access of a school marshal may be loaded only with frangible duty ammunition approved for that purpose by TCOLE.

Inactive Status

A district employee's status as a school marshal becomes inactive on:

  1. Expiration of the employee's school marshal license under Occupations Code 1701.260;
  2. Suspension or revocation of the employee's license to carry a handgun;
  3. Termination of the employee's employment with the district; or
  4. Notice from the board that the employee's services as school marshal are no longer required.

Education Code 37.0811(c)–(f)

Identity Confidential

The identity of a school marshal is confidential and is not subject to a request under the Public Information Act, except that the person's name, date of birth, and handgun license number, and the address of the person's place of employment must be provided by TCOLE to:

  1. The director of the Department of Public Safety;
  2. The district;
  3. The chief law enforcement officer of the local municipal law enforcement agency if the person is employed at a campus of a district located within a municipality;
  4. The sheriff of the county if the person is employed at a campus of a district that is not located within a municipality; and
  5. The chief administrator of any school district-commissioned peace officer, if the person is employed at a district that has commissioned peace officers.

If a parent or guardian of a student enrolled at a school inquires in writing, the district shall provide the parent or guardian written notice indicating whether any employee of the school is currently appointed as a school marshal. The notice may not disclose information that is confidential.

Education Code 37.0811(g), (h); Occupations Code 1701.260(j)

No State Benefits

A school marshal is not entitled to state benefits normally provided by the state to a peace officer. Code of Criminal Procedure 2.127(c)

Dayton ISD

CKEB(LEGAL)-P

UPDATE 114

DATE ISSUED: 11/18/2019