Administrative Code

Virginia Administrative Code
Title 6. Criminal Justice and Corrections
Agency 20. Department of Criminal Justice Services
1/25/2020

Chapter 240. Regulations Relating to School Security Officers

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.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. March 8, 2006; amended, Virginia Register Volume 32, Issue 3, eff. December 1, 2015.

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;

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 Department of Criminal Justice Services-approved security officer training course developed 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.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. March 8, 2006; amended, Virginia Register Volume 32, Issue 3, eff. December 1, 2015.

6VAC20-240-30. Department certification procedures.

A. The department will notify the applicant for school security officer certification and the superintendent of the employing school division that the school security officer is certified in accordance with this regulation after the following conditions are met:

1. Notification to the department by the instructor that the applicant for school security officer certification has successfully completed the compulsory minimum entry-level training;

2. Receipt by the department of signed application for certification.

B. If a school security officer seeking certification is denied by the department, the department will notify the superintendent and the applicant by letter outlining the basis for the denial and the process for appeal of the decision to deny.

C. The department shall maintain a current database of certified school security officers as well as relevant training records.

D. Certification shall be for a period not to exceed 24 months.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. March 8, 2006.

6VAC20-240-40. School security officer standards of conduct.

A school security officer shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter;

2. Maintain at all times with the employing school division a valid mailing address. Written notification of any address change shall be submitted to the division no later than 10 days after the effective date of the change;

3. Inform the employing school division in writing within 72 hours or the beginning of the next work day, whichever comes first, after an arrest for any felony or misdemeanor;

4. Inform the employing school division in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the school security officer statutes or regulations of that jurisdiction.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. March 8, 2006.

6VAC20-240-50. Recertification of school security officers.

A. Applications for recertification shall be received by the department at least 30 days before certification expiration. It is the responsibility of the individual to ensure recertification applications are filed with the department. A valid certification as a school security officer is required in order to remain eligible for employment as a school security officer. If the school security officer recertification application is on file with the department 30 days prior to expiration, the school security officer may continue to operate in the school security officer capacity pending notification by the department.

B. Applicants for recertification must complete 16 hours of in-service training during each two-year period after initial certification. The in-service training must be school security officer related to include a legal update and other relevant topics approved by the department.

C. Individuals whose certification is expired shall comply with the initial certification requirements set forth in this chapter.

D. The department, subject to its discretion, retains the right to grant an extension of the recertification time limit and requirements under the following 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.

E. Request for extensions shall:

1. Be submitted in writing and signed by the school superintendent or designee prior to the expiration date of the time limit for completion of the requirement;

2. Indicate the projected date for the completion of the requirement.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. March 8, 2006.

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, 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)

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. March 8, 2006; amended, Virginia Register Volume 32, Issue 3, eff. December 1, 2015.

6VAC20-240-70. Instructor application.

A. The department may approve instructors to deliver school security officer training and may revoke such approval for just cause.

B. Each person applying for instructor approval shall:

1. Be currently certified as a school security officer, employed by the department, or acting as a consultant for the department;

2. Have a high school diploma or equivalent (GED) or have passed the National External Diploma Program;

3. Have a minimum of:

a. Three years management or supervisory experience as a school security officer or with any federal, military police, state, county or municipal law-enforcement agency in a related field; or

b. Five years general experience as a school security officer, or with a federal, state or local law-enforcement agency in a related field;

4. Have completed:

a. A school security officer instructor course approved by the department; or

b. Have a minimum of one-year experience as an instructor or teacher in an accredited educational institution or law-enforcement agency.

C. Each person applying for instructor approval shall file with the department:

1. A properly completed application provided by the department;

2. Documentation verifying that the applicant meets the minimum eligibility requirements pursuant to this section;

3. Documentation verifying previous instructor experience, training, work experience and education for those subjects in which certification is requested.

D. The department will evaluate qualifications based upon the justification provided.

E. Upon completion of the instructor application requirements, the department may approve the instructor for a period not to exceed 24 months.

F. Each instructor shall conduct himself in a professional manner and the department may revoke instructor approval for just cause.

G. Applicants for instructor approval may submit a waiver application form for review by the department outlining previous instructor training or related experience. The department reserves the right to review each waiver application and evaluate qualifications and experience on an individual basis.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. March 8, 2006.

6VAC20-240-80. Renewal instructor application.

A. Renewal instructor applications shall be received by the department at least 30 days before expiration. It is the responsibility of the instructor to ensure renewal requirements are filed with the department.

B. Each person applying for renewal instructor approval shall meet the minimum requirements for eligibility as follows:

1. Successfully complete the eight-hour instructor in-service training as required by the department within the 12 months immediately preceding the expiration date of the current approval; and

2. Be in good standing in the school division or with the department.

C. The department may renew instructor approval for a period not to exceed 24 months.

D. The department may renew instructor approval when the department receives a properly completed renewal application provided by the department.

E. Any renewal instructor application received by the department shall meet all renewal requirements before the expiration date of approval. Individuals whose approval is expired may be subject to the initial approval requirements.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. March 8, 2006.

6VAC20-240-90. School security officer instructor standards of conduct.

An instructor shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter;

2. Maintain a current mailing address with the department. Written notification of any address change shall be received by the department no later than 10 days after the effective date of the change;

3. Inform the department in writing within 72 hours or the beginning of the next work day, whichever comes first, after an arrest for any felony or misdemeanor;

4. Inform the department in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the school security officer statutes or regulations of that jurisdiction;

5. Conduct training sessions pursuant to requirements established in this chapter;

6. Notify the department within 10 calendar days following termination of employment; and

7. Conduct himself in a professional manner.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. March 8, 2006.

6VAC20-240-100. School security officer instructor administrative requirements.

A. School security officer instructors shall ensure that training sessions are conducted in accordance with requirements established in this chapter. Adherence to the administrative requirements, attendance, and standards of conduct are the responsibility of the instructor of the training session.

B. Administrative requirements.

1. In a manner approved by the department, an approved instructor must submit a notification to conduct a training session to the department. All notifications shall be received by the department, or postmarked if mailed, no less than 30 calendar days before the beginning of each training session to include the date, time, instructors, and location of the training session. The department may allow a training session to be conducted with less than 30 calendar days of notification with prior approval.

2. The instructor must submit notification of any changes to the date, time, location, or cancellation of a future training session to the department in writing. This notice must be received by the department at least 24 hours in advance of the scheduled starting time of the class. In the event that a session must be cancelled on the scheduled date, the department must be notified immediately followed by a cancellation in writing as soon as practical.

3. A test determined by the department shall be administered at the conclusion of each module of the entry-level training session. The student must attain a grade of 80% on each module. All tests must be returned to the department with the accompanying training roster and attendance records in a manner approved by the department.

4. In a manner approved by the department, the instructor shall submit an original training completion roster to the department listing testing scores and attendance records for each student. The training completion roster shall be received by the department within seven calendar days, or postmarked if mailed, no later than five business days following the training completion date.

5. Instructors will conduct training sessions utilizing lesson plans developed by the department including at a minimum the compulsory minimum training standards established pursuant to this chapter. Instructors must maintain accurate and current information on relevant laws and make changes to the curriculum. It is the instructor's responsibility to assure they have the most recent curriculum supplied by the department.

6. Instruction shall be provided in no less than four-hour sessions for a combined total certification course of 32 hours.

7. A training session must adhere to the minimum compulsory training standards and must be presented in its entirety.

8. The instructor shall permit the department to inspect and observe any training session.

9. Mandated training conducted not in accordance with the Code of Virginia and this chapter is invalid.

C. Attendance.

1. School security officers enrolled in an approved training session are required to be present for the hours required for each training session.

2. Tardiness and absenteeism will not be permitted. Individuals violating these provisions will be required to make up any training missed. Such training must be completed within 60 days after the completion of the training session or at the next available session offered if it is held in the same school year. Individuals not completing the required training within this period may not be certified or recertified and may be required to complete the entire training session.

3. Individuals who do not successfully complete the compulsory minimum training standards of the training session shall be reported to the department and will not be certified.

4. Each individual attending an approved session shall comply with the regulations promulgated by the board and any other rules applicable to the session. If the instructor considers a violation of the rules detrimental to the training of other students or to involve cheating on tests, the instructor may expel the individual from the session. The instructor shall immediately report such action to the employing locality and the department.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. March 8, 2006.

6VAC20-240-110. Approval authority.

A. The board shall be the approval authority for the training categories, hours and performance outcomes of the compulsory minimum training standards. Amendments to training categories, hours and performance outcomes shall be made in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The board shall be the approval authority for the training objectives, criteria and lesson plan guides that support the performance outcomes. Training objectives, criteria and lesson plan guides supporting the compulsory minimum training standards and performance outcomes may be added, deleted or amended by the board based upon written recommendation of the School Security Officer Advisory Committee.

C. Prior to approving changes to training objectives, criteria or lesson plan guides, the board shall conduct a public hearing. Sixty days before the public hearing, the proposed changes shall be distributed to all affected parties for the opportunity to comment. Notice of change of training objectives, criteria and lesson plan guides shall be filed for publication in the Virginia Register of Regulations upon adoption, change or deletion. The department shall notify each approved instructor in writing of any new, revised or deleted objectives. Such adoptions, changes or deletions shall become effective 30 days after notice of publication in the Virginia Register.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. March 8, 2006.

6VAC20-240-120. Hearing process.

The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. March 8, 2006.



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