Who is in charge of school police officers?

It depends. In Texas, more than 200 school districts have their own police forces, while many others contract with local police departments, which station officers on campuses.  Police officers in school district police departments report to the Chief of Police of the school district police department, who then reports to the district's Superintendent. Police officers who work in school districts that contract with local police departments often report to the Chief of Police of the local police department.

The contracts between 1) school districts and local police departments and 2) school district police departments and the local police departments with overlapping jurisdiction are called Memoranda of Understanding, or MOUs.  

Schools and school districts actually have a lot of power to control officers in their schools by creating rules, policies, MOUs, and contracts that:

  • limit officers' presence so that they are not inside the school building unless they are responding to a real emergency
  • train educators and administrators to respond to challenges and student needs without relying on law enforcement
  • increase the number of counselors, psychiatrists, social workers, and trauma specialists who can provide prevention and intervention services for students and families
  • clearly limit the role of officers in school district policies and contracts so that officers are not responding to routine discipline issues 

Students, parents, and educators should urge their schools and districts to create clear rules, procedures, and MOUs that define and limit the role of police officers in schools and ensure that students' needs are being met by other, non-law enforcement professionals.

What is the Law?

Texas Education Code, Section 37.081 gives school districts the authority to employ security personnel and commission peace officers. It also describes the duties of officers, outlines the reporting structure for school district police departments, and gives the authority to school boards to determine the "law enforcement duties" that must be performed by officers, in addition to protecting the property and safety and welfare of people in the district. 

Texas Occupations Code, Section 1701.601 defines "school resource officer" as a peace officer who is employed in order to provide "(1) a police presence at a public school; (2) safety or drug education to students of a public school; or (3) other similar services."

What Else Can You Read?

Dangerous Discipline is a 2016 report published by Texas Appleseed and Texans Care for Children that highlights how schools use police, courts, and juvenile probation to discipline students.