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Bill to arm school employees raises concerns about liability

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Bill to arm school employees raises concerns about liability

Some school districts in Mississippi are worried about the financial and legal ramifications of a bill which would allow them to arm employees as a school safety measure.

Senate Bill 2079 would create a “School Safety Guardian Program,” an optional program that would authorize trained district employees to respond to school shootings. If a district chooses to participate and nominates a school employee (who must have an enhanced concealed carry permit), the employee would participate in a course from the Department of Public Safety and undergo multiple screenings before being dubbed a “School Guardian.” A House addition to the bill would allow either school employees or outside people to serve in this role, a provision Public Safety Commissioner Sean Tindell said he would prefer .

The proposed program, largely borne of concern regarding the rising rate of school shootings nationally, is intended to provide school districts with another way to increase school security. The risks associated with the program, accidents related to carrying a gun and potential increases in insurance costs will likely prevent most districts from participating, though some districts have already expressed interest.

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Marcus Burger of Ross and Yerger, a local insurance agency, said one insurance carrier has already expressed to him it does not plan to cover any liability related to the program. He doesn't expect to see mainstream insurance carriers offer policies until the program has been around for a few years to give carriers a better understanding of the risks. When Kansas passed a in 2013 to allow armed teachers (with no special training) on school campuses, the 's primary liability insurance carrier declined to cover districts with armed employees. Burger added some higher-risk carriers may offer coverage, potentially for a higher premium.

Enhanced concealed carry permit holders are already allowed to bring guns onto school campuses, but, a Mississippi Department of Education official told Mississippi Today in December, after the policy garnered attention last summer, that school districts had concerns about the added liability of more guns on campuses and the impact it would have on their insurance costs.

READ MORE: How is Mississippi responding to the threat of school shootings?

School shootings have been on the rise nationally over the last decade, with 93 incidents in the 2020-2021 school year. Mississippi's most notable school shooting occurred in 1997 at Pearl High School. More broadly, the Clarion Ledger reported there have been at least 25 incidents involving guns and in Mississippi over the last 40 years.

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Twenty-eight states already allow school staff to be armed in some capacity according to a RAND Corp. report, but fewer have training programs targeting active shooter response.

In Florida, where a “guardian” program was adopted after the 2018 shooting at Stoneman Douglas High School, the state added liability protections to their professional liability policy for teachers who participated in the program. When the protections were added, the Florida Department of Education asked their Legislature for $200,000 to cover the additional cost – it is unclear if they received it.

In Texas, the number of districts participating in their guardian program has risen significantly since 2018, from 303 to 445. A Texas Association of School Boards 2022 report said most districts were only allowing “commissioned peace officers,” a broader term for people with any type of law enforcement experience, as school guardians.

Jim Keith, a school board attorney whose firm represents over 20 districts across Mississippi, said some districts he works with are interested in adopting the guardian program but he does not expect it to be widespread.

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Some education and school leaders have said school resource officers, or police officers that work in or for schools, would be preferable to the guardian program, but acknowledged this program could fill a gap for some rural or financially stressed districts that lack qualified applicants or can't afford full-time school resource officers.

Lauderdale County School District Superintendent John-Mark Cain said his district works with the local sheriff's office to put a school resource officer on every campus, but he knows other districts that do take advantage of state law as it currently stands to arm staff.

“The district sees (school resource officers) as the most opportune situation since we have that great partnership. However, we do understand that certain districts do not have that luxury, and those local boards will have to work with their attorney and their insurance to essentially measure that liability and that risk,” Cain said.

Research on the impacts of school resource officers has not shown them to be effective at preventing shootings and they are linked with increased suspensions and arrests, but have been effective at stopping fights.

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Mississippi's proposed program includes legal protections for the guardians from both civil and criminal liability if they are actively responding to a shooter or other safety threat. The bill specifies guardians can still be sued if they fail to carry out their official duties.

Keith said in his reading of the bill, the civil protections for guardians would also extend to the school district. Keith added he is concerned about what exactly will fall under a guardian's official duties.

He said it needs to be clear “what those requirements are going to be to enable someone who is a guardian to make sure that they are acting within the course and scope of those duties. Because if they act outside it, then they lose their immunity, which means the school district could possibly lose its immunity.”

Tindell, whose department is overseeing the program, said that he understands this concern but does not expect guardians to have rigidly outlined duties.

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“The primary duty is to protect the school from an active shooter and protect the students,” he said. “I think if they're doing anything outside of that, that would be outside of the scope of their duties.”

Some have also expressed concern about accidents occurring with the guardian's gun, which Rep. John Hines, D-Greenville, brought up during debate on the House floor. Rep. Nick Bain, R-Corinth, who was presenting the bill, said the school district and teacher would be liable in cases of accidents and the immunity provision in the bill would not apply.

“If a teacher accidentally discharges a firearm because the gun falls out of the holster or there's a scuffle between students and they try to break it up and a student grabs the teacher's weapon and somebody else that's not involved gets shot, what's the course (sic) of action for that?” Hines told Mississippi Today after the debate.

Hines also expressed concern about the provision of the bill that requires guardians to have their gun on their person at all times, referring to it as “overkill.”

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Tindell said this provision is important so that guardians are quickly able to respond if an active shooter situation arises, but that he would also be amenable to amendments allowing for the gun to be locked up at certain times. Tindell also highlighted that the bill requires a school shooting response plan and chain of command to be created and uniformly implemented across the state.

Like Hines,school leaders are worried about the increased risk that with more guns on school property. James Waldington, superintendent of the Greenwood-Leflore Consolidated School District, said he worries about guns being brought to campus by students, shooters and school resource officers.

“Although I feel the bill is being discussed as another level of protection for our students (and) staff and I sincerely applaud that effort, to add another dimension to the educational environment where a loaded weapon is present is concerning, to say the least,” he said.

The bill has passed both houses of the Legislature with a sizable majority, and currently heads to a conference committee to work out the differences between the two versions. Sen. Angela Hill, R-, authored the bill and said the differences between the two versions are relatively minor.

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It's likely Gov. Tate Reeves will sign the bill, as he included a version of the program in his legislative budget recommendations from November of last year.

When asked about possible increases in the cost of liability insurance for districts related to this program, Hill said she was not familiar with this concern but that similar programs had been adopted in other states “and they still have liability insurance.”

Hill said she chose to author this bill because the superintendent of her district asked for it.

“Many of these campuses are rural, they're spread out, the response time to have additional law enforcement is sometimes unacceptable,” she said. “Some school districts feel like they need more qualified people to be able to respond as a part of their security team.”

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Ken Barron, superintendent of the Yazoo County School District, said the district has its own police force to provide security, but that he might be interested in adding this program on top.

“I could see this possibly being a benefit with the right parameters in place,” he said.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

Legislature, flush with cash, passes budget, completing work for 2024 session

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mississippitoday.org – Bobby Harrison – 2024-05-03 16:56:24

The Mississippi completed its work for the 2024 on Friday with the passage of a $7 budget – 5.8% larger than the budget it passed last year.

The $7 billion reflects the amount spent on recurring expenses. The budget last year, one-time funds, federal relief funds and other one-time money for specific projects, actually was more than the budget passed this year.

The completion of the budget late Friday ended the bulk of lawmakers' work for the 2024 session, but legislators will return briefly Saturday to take care of procedural issues. Plus, the Legislature might reconvene on May 14 to deal with any veto from Gov. Tate Reeves.

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One of the final actions on Friday was approving a massive bill that provides state money for projects throughout the state. The legislation funds projects, work on local governmental office buildings and other projects for individual legislators.

Th total amount of the projects was $227.4 million.

In the past, projects were often funded by borrowing. But in recent years, thanks in large part to an infusion of federal COVID-19 funds and other federal funds, Mississippi, like most other states, has been flush with cash, allowing those projects to be funded with cash instead of long-term debt.

Senate Finance Chair Josh Harkins, R-Flowood, told senators paying for the projects with cash will not continue in future years. State revenue has begun to slow.

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Harkins told senators there were more than $1 billion in requests on the local level for projects.

Sen. Angela Turner Ford, D-West Point, asked Harkins how it was decided which projects to fund.

Harkins said the focus was on infrastructure projects and other projects where it was viewed the greatest need was.

 In addition to the pet projects for lawmakers, other capital spending included:

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  • $110 million for projects.
  • $45 million for community college projects.
  • $160 million for work on improving state Highway 7 in Lafayette County.
  • $90 million for work on U.S. I-55 in DeSoto County.
  • $50 million for work on state office buildings throughout the state.

In total, $820 million was committed in surplus funds for building projects throughout the state. Plus, $110 million in surplus funds was pumped into the Public Employees Retirement System to help shore up the government pension plan.

In terms of the budget to operate agencies, House Appropriations Chair John Read, R-Gautier, said state agencies are receiving an average 5% year-over-year increase in funding.

That increase includes money to pay for increases in the premiums for the state employee health plan and to pay for a .5% increase for each state agency in the contribution to the state retirement plan.

Lt. Gov. Delbert Hosemann said before the session began that dealing with financial issues facing PERS was one of the top priorities.

“We tackled the PERS issue,” Hosemann said, though, some argued that the legislative solution did not resolve all the financial issues facing the system.

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Senate Appropriations Chair Briggs Hopson, R-Vicksburg, said the state budget provides funds to allow state agencies to deal with .

“The budget is reflective of the times,” Hopson said. “State agencies are not immune to inflation. In order to services at the same level, we have to spend additional funds.”

The budget includes an additional $240 million in funding for K-12 schools.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1850

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May 3, 1850

Shadrach Minkins, right, worked at the Cornhill Coffee House and Tavern, believed to have been located in the highlighted area. Credit: Courtesy of National Park Service

Shadrach Minkins, already separated from his , escaped from the Norfolk, Virginia, home, where he was enslaved. He made his way to Boston, where he did odd until he began working as a waiter at Taft's Cornhill Coffee House.

Months later, passed the Fugitive Slave Act, which gave authorities the power to go into states and arrest Black Americans who had escaped .

A slave catcher named John Caphart arrived in Boston, with papers for Minkins. While serving breakfast at the coffee house, federal authorities Minkins.

Several local lawyers, Robert Morris, volunteered to represent him. Three days later, a group of abolitionists, led by African-American abolitionist Lewis Hayden, broke into the Boston courthouse and rescued a surprised Minkins.

“The rescuers headed north along Court Street, 200 or more like the tail of a comet,” author Gary Collison wrote. They guided him across the Charles to the Cambridge home of the Rev. Joseph C. Lovejoy, whose brother, Elijah, had been lynched by a pro-slavery mob in Illinois in 1837.

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Another Black leader, John J. Smith, helped Minkins get a wagon with horses, and from Cambridge, Hayden, Smith and Minkins traveled to Concord, where Minkins stayed with the Bigelow family, which guided him to the Underground Railroad, making his way to Montreal, spending the rest of his life in Canada as a free man.

Abolitionists cheered his escape, and President Millard Fillmore fumed. Morris, Hayden and others were charged, but sympathetic juries acquitted them. Meanwhile in Montreal, Minkins met fellow fugitives, married, had four and continued to work as a waiter before operating his own restaurants.

He ended his career running a barbershop before dying in 1875. A play performed in Boston in 2016 told the dramatic story of his escape.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Medgar Evers will receive Presidential Medal of Freedom

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At her husband's funeral in 1963, Myrlie Evers heard NAACP Executive Director Roy Wilkins declare, “Medgar Evers believed in his country. It remains to be seen if his country believes in him.”

Later today, his country will declare its belief in him when the family of the slain Mississippi NAACP leader receives the Presidential Medal of Freedom, the highest civilian honor.

But Medgar Evers was more than a civilian. He fought the Nazis in World War II, only to return home and fight racism, this time in the form of Jim Crow, which barred Black from the ballot box.

On his 21st birthday, he and other Black of the war went to vote at the courthouse in Decatur, where they were met by white men with guns.

Afterward, he vowed he would never be defeated again and that he would keep fighting by joining others dedicated to the cause of the movement.

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“The movement for equality was always on his mind, and whites' denial of his right to vote in his hometown served as one cog of many in the overall wheel of injustice, a wheel of which he was bound and determined to break,” said Michael Vinson Williams, author of “Medgar Evers: Mississippi Martyr.”

Myrlie Beasley met Medgar Evers on the first day of her freshman year at Alcorn A&M College in fall 1950. As she leaned against a light pole, she said he told her to be careful, “you might get shocked.”

And shocked she was when she fell in love and married him a year later. He was one of those military veterans that her family had warned her about. And he was involved in the movement that her family had avoided.

She joined him in the fight, and they moved to Mississippi's only all-Black town, Mound Bayou, where he helped Dr. T.R.M. Howard lead a boycott. They distributed thousands of fluorescent bumper stickers that read, “Don't Buy Gas Where You Can't Use the Restroom.”

In January 1954, the University of Mississippi School of turned Medgar Evers away because of the color of his skin. NAACP officials considered taking his case to court, but they were so impressed with him they hired him instead as the first field secretary for the Mississippi NAACP.

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Myrlie Evers worked as his secretary. She said he insisted they call each other “Mr. Evers” and “Mrs. Evers” in the office.

He spent much of his time on the road, putting 40,000 miles a year on his car, recruiting new members, reviving branches and inspiring young people to participate in the movement, Joyce Ladner, who invited him to speak to the NAACP Youth Council in Hattiesburg.

“He had a quiet courage,” she recalled. “I was always amazed that he drove up and down Mississippi's two-lane highways alone at night. He was a marked man, but he kept on going.”

Joan Mulholland is seen holding a photo of her booking shot taken when sge and othger Freedom Riders were in Mississippi un 1961. Credit: Courtesy of the Mulholland family

In 1961, Joan Trumpaeur Mulholland was one of more than 400 Freedom Riders, half of them white, who challenged segregation laws in the South. She and other Riders were arrested and sent to serve their time at the State Penitentiary at Parchman.

When she and other Riders needed a lawyer, Medgar Evers “was the one who took care of it,” she said.

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He became a model for her and others in character and courage, talking often to Tougaloo College students, she recalled. “He wasn't intimidated.”

In 1962, Evers installed Leslie McLemore as president of the Rust College chapter of the Mississippi NAACP. “Medgar Evers was really a brilliant man,” he said. “He had an incisive mind and personality that drew people to him. In another era, he could have been a U.S. senator from Mississippi or maybe even President.”

Evers investigated countless cases of intimidation and violence against Black Americans, including the 1955 murder of Emmett Till. Evers often dressed as a sharecropper in those investigations.

No matter where he went, threats of violence followed. He bought an Oldsmobile 88 with a V-8 engine so powerful it would leave most cars behind. On some dark nights across the Mississippi Delta, he floored it to escape those hell-bent on harming him.

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His name appeared on Ku Klux Klan “ lists,” and his home telephone rang at all hours with threats to him and his family.

When his daughter, Reena, answered the phone one time, she heard a man saying he planned to torture and kill her father.

In spite of these threats, he stayed. He told Ebony magazine, “The state is beautiful, it is home, I love it here. A man's state is like his house. If it has defects, he tries to remedy them. That's what my job is here.”

On May 20, 1963, Evers talked on television about the mistreatment of Black Mississippians. “If I die, it will be a good cause,” he told The New York Times. “I'm fighting for America just as much as the soldiers in Vietnam.”

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Weeks later, President Kennedy delivered his first and only civil rights speech, telling the millions watching on television, “If an American, because his skin is dark, cannot eat lunch in a restaurant open to the public, if he cannot send his children to the best public school available, if he cannot vote for the public officials who will represent him, if, in short, he cannot enjoy the full and life which all of us want, then who among us would be content to have the color of his skin changed and stand in his place?”

Evers smiled. He and other Black leaders had urged Kennedy to push Congress for a civil rights bill, and now that seemed certain to happen.

Hours later, returning home from a late civil rights meeting, Evers was shot in the back in the driveway of his Jackson home.

Myrlie Evers and their three children dashed outside, saw the blood and screamed. “Daddy!” Reena yelled. “Please get up, Daddy.”

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He never did.

“He had the courage to hold an impossible job at a crucial turning point in American history,” said Taylor Branch, the Pulitzer Prize-winning author of a trilogy on the civil rights movement.

For the first time, members of the mainstream press didn't call such a killing “a lynching,” he said. “They called it an assassination.”

In his book, “Parting the Waters,” he wrote, “White people who had never heard of Medgar Evers spoke his name over and over, as though the words themselves had the ring of legend. It seemed fitting that the casket was placed on a slow train through the South, bound for Washington so that the body could lie in state.”

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After the casket arrived, Medgar Evers was buried with full military honors at Arlington National Cemetery.

“The tragedy of his martyrdom is eloquent testimony to the courage and dedication of a leader who — in his lifetime — deserved the respect and support of the powerful people who later publicly identified with this man and his cause,” said John Dittmer, author of “Local People: The Struggle for Civil Rights in Mississippi.” “Though long overdue, this award is a fitting to Medgar Evers and his family.”

A year after Evers' assassination, Congress passed the Civil Rights Act on his birthday, and President Lyndon B. Johnson signed the bill into law hours later.

“Medgar Wiley Evers boldly stood against injustice, against oppression, against this country's determination to keep Black people as second-class citizens,” Williams said, “and he was murdered because of his commitment to truth, justice and the struggle for civil and human rights.”

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Before leaving office as governor in 1984, William Winter hosted Myrlie Evers and her family at the mansion, where he remarked that Medgar Evers did more than just free Black Mississippians, he freed white Mississippians as well from the bonds of racial segregation, oppression and hate, he said. “We were all prisoners of that system.”

It took three decades before Evers' killer was finally brought to justice in 1994, and that verdict helped to inspire the reopenings of other cases. There have been 24 convictions in civil rights cold cases.

Myrlie Evers' courage to press for justice in her husband's case started all of this, said Leslie McLemore, who helped found the Fannie Lou Hamer National Institute on Citizenship and Democracy. “It would not have happened without her persistence.”

When she learned last about the Presidential Medal of Freedom honoring her late husband, she exclaimed to her daughter, Reena Evers-Everette, “Oh, my God!”

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Then Myrlie Evers grew silent.

“I'm just utterly speechless,” she said, “and frozen with gratitude.”

Evers-Everette still misses the man she knows as “Daddy,” but she perseveres as the executive director for the Medgar and Myrlie Evers Institute, because his spirit inspires her.

“I feel him around me all the time,” she said. “I marvel at his courage, stamina, vision, and commitment for equality and justice for his people and all of humanity. I pray for his love and wisdom as I pursue this work, because I don't want him to have died in vain.”

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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