Law Enforcement Powers of School Security Personnel in Each Public School System of the State; Certification; Carrying of Firearms or Weapons

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  5. Law Enforcement Powers of School Security Personnel in Each Public School System of the State; Certification; Carrying of Firearms or Weapons

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  1. In each public school system in this state, school security personnel employed by the board of education of a county or an independent board of education of a municipality for the various public schools thereof who are certified pursuant to subsection (b) of this Code section and who are authorized by the board of education of that county or the independent board of education of that municipality shall have the same law enforcement powers on school property, including the power of arrest, as law enforcement officers of that respective county or municipality.
  2. As a condition precedent to the exercise of law enforcement powers pursuant to subsection (a) of this Code section, school security personnel must be certified by the Georgia Peace Officer Standards and Training Council as having met the qualifications and having completed the basic training requirements for a peace officer under Chapter 8 of Title 35. The certification of school security personnel by the Georgia Peace Officer Standards and Training Council does not require that such security personnel exercise the powers provided in subsection (a) of this Code section.
  3. The provisions of this Code section shall not prohibit a board of education of a county or an independent board of education of a municipality from employing school security personnel without law enforcement powers.
  4. School security personnel who are certified by the Georgia Peace Officer Standards and Training Council may be authorized by a local board of education to carry a standard issue firearm or weapon generally used for law enforcement purposes for the purpose of carrying out law enforcement duties.

(Code 1933, § 32-913, enacted by Ga. L. 1982, p. 515, § 1; Code 1981, §20-8-5, enacted by Ga. L. 1982, p. 515, § 2; Ga. L. 1983, p. 3, § 16; Ga. L. 1986, p. 1549, § 1; Ga. L. 1988, p. 612, § 16; Ga. L. 1999, p. 362, § 4.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, "Training" was substituted for "Tranining" in subsection (d).

JUDICIAL DECISIONS

Pursuit of student beyond school grounds.

- As a security officer was on school property when a fellow officer told the security officer that a truant juvenile was hiding behind a house, the juvenile could be pursued on suspicion of hindering an officer in the lawful discharge of duties in violation of O.C.G.A. § 16-10-24, even if the officer left school grounds as the officer did so in hot pursuit of a suspected offender. In the Interest of M.P., 279 Ga. App. 344, 631 S.E.2d 383 (2006).

OPINIONS OF THE ATTORNEY GENERAL

Counties of less than 100,000 persons.

- School systems in counties with a population of less than 100,000 may not authorize their school security employees to carry firearms; however, law enforcement personnel who are authorized to carry firearms from some source other than the school board may provide security at school functions. 1999 Op. Att'y Gen. No. U99-1.


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