Title of Regulation: 6VAC20-240. Regulations Relating to School Security Officers (amending 6VAC20-240-10, 6VAC20-240-20, 6VAC20-240-60).

Statutory Authority: § 9.1-102 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: November 4, 2015.

Effective Date: December 1, 2015.

Agency Contact: Barbara Peterson-Wilson, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-4503, FAX (804) 225-3853, or email barbara.peterson-wilson@dcjs.virginia.gov.

Basis: Subdivision 44 of § 9.1-102 of the Code of Virginia authorizes the Department of Criminal Justice Services, under the direction of the Criminal Justice Services Board, to establish, in consultation with the Department of Education and the Virginia State Crime Commission, compulsory minimum standards for employment and job-entry and in-service training curricula and certification requirements for school security officers, which training and certification shall be administered by the Virginia Center for School and Campus Safety pursuant to § 9.1-184 of the Code of Virginia.

Subdivision 49 of § 9.1-102 of the Code of Virginia authorizes the department, under the direction of the board, to establish minimum standards for (i) employment, (ii) job-entry and in-service training curricula, and (iii) certification requirements for campus security officers.

Purpose: The purpose of this intended regulatory action is to revise and update the currently regulations governing school security officers. These regulations establish a certification process for school security officers. The requested revisions are essential to protect the safety and welfare of citizens to ensure that school security officers are receiving the correct training and correct information as the regulation is out of date. The goal of this proposal is to bring the training current with standard business practices as sought by constituents and to update the outdated language within the regulation.

Rationale for Using Fast-Track Process: The rationale for using the fast-track rulemaking process is due to the necessity of the change and the lack of controversy surrounding the change. Upon consultation of the advisory committee, which is comprised of school security points of contacts, the department received only positive feedback regarding the proposed change. Overall, contacts were eager for the change to be implemented as it easily facilitates their duties and allows employees to begin hands-on job training sooner.

Substance: Subdivision 44 of § 9.1-102 of the Code of Virginia instructs the Department of Criminal Justice Services to establish compulsory minimum standards for employment and job-entry and in-service training curricula and certification requirements for school security officers, which training and certification shall be administered by the Virginia Center for School Safety pursuant to § 9.1-184 of the Code of Virginia. Such training standards shall include the role and responsibility of school security officers, relevant state and federal laws, school and personal liability issues, security awareness in the school environment, mediation and conflict resolution, disaster and emergency response, and student behavioral dynamics.

The substantive amendment allows the department to establish the number of hours for training instead of specifying the number of training hours in regulation. Other amendments are clarifying and technical in nature.

Issues: The primary advantage to the public and the Commonwealth will be a standard level of training for officers serving as school security officers. This will increase the professionalism of the field by ensuring that all officers are receiving viable up-to-date training. There are no disadvantages to the public or the Commonwealth.

Small Business Impact Review Report of Findings: This regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Criminal Justice Services (Board) proposes to remove the requirement that school security officer training must be minimum 32 hours and clarify language in two other places.

Result of Analysis. There is insufficient data to accurately compare the magnitude of the benefits versus the costs. A different design would likely yield the same benefits at lower cost for at least one proposed change.

Estimated Economic Impact. This regulation establishes a certification process for school security officers. Certification requires training on the role and responsibility of school security officers; relevant state and federal laws; school and personal liability issues; security awareness in the school environment; mediation and conflict resolution; disaster and emergency response; and student behavioral dynamics. Currently, the training to cover these subject areas is required to be at least 32 hours.

The Department of Criminal Justice Services (DCJS) reports that the 32 hours is more than what is needed to cover the curriculum. Since the training has to be 32 hours, training under current regulation is usually stretched out superfluously. The proposed change will remove the 32-hour minimum requirement, but will require that the training course be approved by DCJS. With the proposed change, it appears that the training will be covered in fewer hours. A shorter training will reduce the number of hours the instructor and the trainees spend in classroom and free up their time and the classroom itself for other purposes.

According to DCJS, all but one school division hire, train or find training for their security officers. Only one school division uses an outside company to contract their security. DCJS indicates that school security officers usually get paid by their employers for their time in training. Similarly, DCJS or local school divisions pay for the instructor's time. Thus, a reduction in the number of training hours will likely provide some cost savings to the employers of school security officers (most of which are school divisions and only one is an outside company) as well as the employers of the instructors. However, DJCS does not have data to estimate the magnitude of such savings.

On the other hand, providing DCJS the authority to approve the number of hours for the curriculum without having to change the regulation will have the unintended consequence of preventing the regulated entities participating in determining what the appropriate number of hours for training is. If the minimum number of hours is retained in the regulation, regulated entities will have a chance to participate in the rule making process if there is a proposed change to the standard and also be given adequate notice of any such change. However in this case, DCJS is proposing to strike the specific number of minimum hours (i.e., 32) required for training under this regulation. In doing so, this number would be determined as a matter of policy by the agency and the agency could change this number at any time without notice and without an opportunity for public comment.

The proposed changes will also clarify that "Director" means the chief administrative officer of DCJS or his designee and that the director may grant exemptions from the training standards established in the regulations. These changes are clarifications of the existing language and are not expected to create any significant economic effects other than improving the clarity of the definition of the director and his or her authority to grant exemptions.

Businesses and Entities Affected. The proposed changes primarily affect DJCS, school divisions that employ security officers, companies that contract out school security officers to school divisions, companies that provide the training, and the individuals taking the training. According to DCJS, there are 30 school divisions that employ security officers, one company that contracts out school security officers to school divisions, one training company, and approximately 200-250 individuals newly certified as school security officers per year in the Commonwealth.

Localities Particularly Affected. The proposed regulations apply throughout the Commonwealth.

Projected Impact on Employment. The proposed changes are anticipated to reduce the amount of time instructors and trainees spend in classroom. Thus, a reduction in demand for their services and time may be expected.

Effects on the Use and Value of Private Property. A reduction in training hours may reduce revenues of training providers and have a negative impact on their asset values. On the other hand, a reduction in training costs may improve profitability of companies that contract out school security officers to school divisions and have a positive impact on their asset values.

Small Businesses: Costs and Other Effects. The provider of school security training and the company that contracts out school security officers are believed to be small businesses. The cost and other effects discussed above apply to them.

Small Businesses: Alternative Method that Minimizes Adverse Impact. There is no known alternative to minimize the potential adverse impact on training providers due to reduced training hours while accomplishing the same goals.

Real Estate Development Costs. The proposed amendments are unlikely to affect real estate development costs.

Legal Mandate. General: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order Number 17 (2014). Section 2.2-4007.04 requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the report should include but not be limited to:

• the projected number of businesses or other entities to whom the proposed regulation would apply,

• the identity of any localities and types of businesses or other entities particularly affected,

• the projected number of persons and employment positions to be affected,

• the projected costs to affected businesses or entities to implement or comply with the regulation, and

• the impact on the use and value of private property.

Small Businesses: If the proposed regulation will have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include:

• an identification and estimate of the number of small businesses subject to the proposed regulation,

• the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents,

• a statement of the probable effect of the proposed regulation on affected small businesses, and

• a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation.

Additionally, pursuant to § 2.2-4007.1, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules is notified at the time the proposed regulation is submitted to the Virginia Register of Regulations for publication. This analysis shall represent DPB's best estimate for the purposes of public review and comment on the proposed regulation.

Agency Response to Economic Impact Analysis: The Department of Criminal Justice Services concurs generally with the economic impact analysis of the Department of Planning and Budget on the proposed Regulations Relating to School Security Officers.

Summary:

The amendments (i) remove the 32-hour school security officer training course requirement thereby allowing the Department of Criminal Justice Services to set the number of training hours and (ii) clarify that the director of the department may grant an exemption from the compulsory minimum training standards.

6VAC20-240-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Approved instructor" means a person who has been approved by the department to instruct in the school security officer training course.

"Approved training" means training approved by the department to meet compulsory minimum training standards.

"Approved training session" means a training session that is approved by the department for the specific purpose of training school security officers.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Certification" means a method of regulation indicating that qualified persons have met the minimum requirements as school security officers.

"Compulsory minimum training standards" means the performance outcomes and minimum hours approved by the board.

"Date of hire" means the date any employee of a school board or system is hired to provide security services for a school and whom the department must regulate.

"Department" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department or his designee.

"In-service training requirement" means the compulsory in-service training standards adopted by the board for school security officers.

"School security officer" means an individual who is employed by the local school board for the singular purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies, and detaining students violating the law or school board policies on school property or at school-sponsored events and who is responsible solely for ensuring the safety, security, and welfare of all students, faculty, staff, and visitors in the assigned school.

"This chapter" means the Regulations Relating to School Security Officers (6VAC20-240).

"Training certification" means verification of the successful completion of any training requirement established by this chapter.

"Training requirement" means any entry-level or in-service training or retraining standard established by this chapter.

6VAC20-240-20. Initial certification and training requirements for school security officers.

A. In addition to meeting all the hiring requirements of the employing school board, all school security officers who enter upon the duties of such office on or after September 1, 2004, are required to meet the following minimum certification and training requirements. Such person shall:

1. Undergo a background investigation to include fingerprint-based criminal history record inquiry of both the Central Criminal Records Exchange (CCRE) and the Federal Bureau of Investigation (FBI). Results of such inquiries shall be examined by the employing school division within 30 days of date of hire;

2. Have a high school diploma, have passed the General Educational Development exam, or have passed the National External Diploma program Program;

3. Be a minimum of 21 years of age;

4. Possess a valid driver's license if required by the duties of office to operate a motor vehicle;

5. Successfully complete basic first aid training. The level and substance of such training shall be at the discretion of the employing school division;

6. Comply with compulsory minimum entry-level training requirements approved by the board:

a. Every school security officer hired on or after September 1, 2004, is required to comply with the compulsory minimum training standards within 60 days of the date of hire as a school security officer.

b. The compulsory minimum training shall consist of a 32-hour school Department of Criminal Justice Services-approved security officer training course developed and approved by the department. Such training shall include but not be limited to:

(1) The role and responsibility of school security officers;

(2) Relevant state and federal laws;

(3) School and personal liability issues;

(4) Security awareness in the school environment;

(5) Mediation and conflict resolution;

(6) Disaster and emergency response; and

(7) Student behavioral dynamics.

c. The compulsory minimum training shall include a test for each module approved and provided by the department with a minimum passing grade of 80% on each module; and

7. Submit to the department a properly completed and signed application for certification from the localities in a format provided by the department.

B. All costs associated with the background investigation, submission of fingerprints for criminal history record inquiries, and basic first aid training to meet the hiring requirements are the responsibility of that locality.

C. The department may grant an extension of the time limit for completion of the compulsory minimum training standards under the following documented conditions:

1. Illness or injury;

2. Military service;

3. Special duty required and performed in the public interest;

4. Administrative leave, full-time educational leave or suspension pending investigation or adjudication of a crime; or

5. Any other reasonable situation documented by the employing school division superintendent or designee.

D. The director may grant an exemption or partial exemption from the compulsory minimum training standards set forth in this chapter to a law-enforcement officer of the Commonwealth who has had previous experience and training as provided in § 9.1-114 of the Code of Virginia.

6VAC20-240-60. Decertification and appeal procedure.

A. The department may decertify for any of the following reasons. The school security officer has:

1. Been convicted of or pled guilty or no contest to a felony or any offense that would be a felony if committed in Virginia;

2. Failed to comply with or maintain compliance with compulsory minimum training requirements;

3. Refused to submit to a drug screening or has produced a positive result on a drug screening reported to the employing school board where the positive result cannot be explained to the school board's satisfaction;

4. Violated any standard of conduct set forth in 6VAC20-240-40;

5. Violated any other school board policy; or

6. Been terminated by the employing school division.

B. Such school security officer shall not have the right to serve as a school security officer within this Commonwealth until the department has reinstated the certification.

C. The findings and the decision of the department may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, 202 North Ninth Street 1100 Bank Street, Richmond, Virginia 23219, within 30 days following the date notification of the decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)