2016 Massachusetts General Laws
PART I ADMINISTRATION OF THE GOVERNMENT
TITLE XII EDUCATION
Chapter 71 PUBLIC SCHOOLS
Section 37P School resource officers

[Text of section added by 2014, 284, Sec. 11 effective July 1, 2015. See 2014, 284, Sec. 110.]

Section 37P. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:?

''Chief of police'', the chief of police or the board or officer having control of the police in a city or town.

''School resource officer'', a duly sworn municipal police officer with all necessary training, up-to-date certificates or a special officer appointed by the chief of police charged with providing law enforcement and security services to elementary and secondary public schools. For the purpose of this section a school resource officer shall be exempt under subsection (j) of section 10 of chapter 269, while serving in the officer's official capacity.

(b) Every chief of police, in consultation with the superintendent and subject to appropriation, shall assign at least 1 school resource officer to serve the city, town, commonwealth charter school, regional school district or county agricultural school. In the case of a regional school district, commonwealth charter school or county agriculture school, the chief of police of the city or town where the school is located, in consultation with the superintendent, shall assign the school resource officer, which may be the same officer for all schools in the city or town.

In assigning a school resource officer, the chief of police shall consider candidates that the chief believes would strive to foster an optimal learning environment and educational community; provided further, that the chief of police may give preference to candidates who have received specialized training in child and adolescent development, de-escalation and conflict resolution techniques with children and adolescents, behavioral health disorders in children and adolescents, alternatives to arrest and other juvenile justice diversion strategies and behavioral threat assessment methods. The appointment shall not be based solely on seniority. The performance of school resource officers shall be reviewed annually by the superintendent and the chief of police. The superintendent and the chief of police shall enter into a written memorandum of understanding to clearly define the role and duties of the school resource officer which shall be placed on file in the office of the school superintendent.

(c) Upon written application by a school department of a city or town, in consultation with the chief of police, a regional school district or a county agricultural school, the commissioner of elementary and secondary education may waive the requirements of this section if the commissioner believes a school resource officer would not assist that particular city or town, regional school district or county agricultural school to ensure school safety. The written application shall include: (i) the reasons for the waiver request; (ii) data or evidence supporting the waiver request; and (iii) a description of, and supporting data for, alternative procedures and resources relied upon to ensure safe schools.

(d) The department of elementary and secondary education shall promulgate rules or regulations necessary to carry out this section.

(e) Notwithstanding subsection (b), if the chief of police, in consultation with the superintendent, determines that there are not sufficient resources to assign a school resource officer to serve the city, town, regional school district or county agricultural school, the chief of police shall consult with the department of state police to ensure that a school resource officer is assigned, subject to appropriation; provided, further, that if a state police officer is assigned to a city, town, regional school district or county agricultural school, assignment shall not be based solely on seniority and a candidate shall be considered who would strive to foster an optimal learning environment and educational community; provided, further, that there shall be placed on file in the office of the superintendent and the department of state police a memorandum of understanding clearly defining the roles and duties of the school resource officer.

(f) No public employer shall be liable for injury, loss of property, personal injury or death caused by an act or omission of a public employee while acting in the scope of the public employee's employment and arising out of the implementation of this section. This section shall not be construed as creating or imposing a specific duty of care.