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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 training 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 removed.

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, including 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.

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 law in 2013 to allow armed teachers (with no special training) on school campuses, the state’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 students in Mississippi over the last 40 years.

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.

Some education officials 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.

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.

“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.”

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 comes with more guns on school property. James Waldington, superintendent of the Greenwood-Leflore Consolidated School District, said he worries daily 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-Picayune, authored the bill and said the differences between the two versions are relatively minor.

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.”

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.

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Mississippi Stories: Michael May of Lazy Acres

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mississippitoday.org – rlake – 2025-01-21 14:51:00

In this episode of Mississippi Stories, Mississippi Today Editor-at-Large Marshall Ramsey takes a trip to Lazy Acres. In 1980, Lazy Acres Christmas tree farm was founded in Chunky, Mississippi by Raburn and Shirley May. Twenty-one years later, Michael and Cathy May purchased Lazy Acres. Today, the farm has grown into a multi seasonal business offering a Bunny Patch at Easter, Pumpkin Patch in the fall, Christmas trees and an spectacular Christmas light show.  It’s also a masterclass in family business entrepreneurship and agricultural tourism.

For more videos, subscribe to Mississippi Today’s YouTube channel.


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

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On this day in 1921

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mississippitoday.org – Jerry Mitchell – 2025-01-21 07:00:00

Jan. 21, 1921

George Washington Carver Credit: Wikipedia

George Washington Carver became one of the first Black experts to testify before Congress. 

His unlikely road to Washington began after his birth in Missouri, just before the Civil War ended. When he was a week old, he and his mother and his sister were kidnapped by night raiders. The slaveholder hired a man to track them down, but the only one the man could locate was George, and the slaveholder exchanged a race horse for George’s safe return. George and his brother were raised by the slaveholder and his wife. 

The couple taught them to read and write. George wound up attending a school for Black children 10 miles away and later tried to attend Highland University in Kansas, only to get turned away because of the color of his skin. Then he attended Simpson College in Indianola, Iowa, before becoming the first Black student at what is now Iowa State University, where he received a Master’s of Science degree and became the first Black faculty member. 

Booker T. Washington then invited Carver to head the Tuskegee Institute’s Agriculture Department, where he found new uses for peanuts, sweet potatoes, soybeans and other crops. 

In the past, segregation would have barred Carver’s testimony before Congress, but white peanut farmers, desperate to convince lawmakers about the need for a tariff on peanuts because of cheap Chinese imports, believed Carver could captivate them — and captivate he did, detailing how the nut could be transformed into candy, milk, livestock feed, even ink. 

“I have just begun with the peanut,” he told lawmakers. 

Impressed, they passed the Fordney-McCumber Tariff of 1922. 

In addition to this work, Carver promoted racial harmony. From 1923 to 1933, he traveled to white Southern colleges for the Commission on Interracial Cooperation. Time magazine referred to him as a “Black Leonardo,” and he died in 1943. 

That same year, the George Washington Carver Monument complex, the first national park honoring a Black American, was founded in Joplin, Missouri.

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

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Legislative recap: 2025 tax cut battle has been joined

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mississippitoday.org – Geoff Pender – 2025-01-20 12:00:00

After relatively brief debate and questioning given its magnitude, the state House passed the first meaningful legislation of the new session: House Bill 1, a measure that would eliminate the state income tax, trim taxes on non-prepared food and raise sales and gasoline taxes.

It would mark a sea change in state tax structure, a shift from income to consumption taxation.

“We are at a place where we can finally tell the hard-working people of Mississippi we can eliminate the tax on work,” House Ways and Means Chairman Trey Lamar, HB1’s author, told his colleagues.

The measure passed the House 88-24. It gained some Democratic support in the supermajority Republican House, with nine Democrats voting in favor, 24 against and 12 voting present.

The proposal garnered some bipartisan support because it includes at least a couple of items Democratic lawmakers have championed in the past: A gasoline tax to help fix crumbling roadways, and a reduction in the “grocery” tax, or the sales tax levied on unprepared food, of which Mississippi has the highest overall rate in the nation.

It still met with some Democratic opposition in part because it is a sea change toward more “regressive” taxation. Proponents say this is just, people should pay more for state services they use, such as roadways, and for things they buy as opposed to taxing income. Opponents say this places a proportionately higher tax burden on people of modest means.

“I would say the people hurt the most with this would be working people who have to put gas in their car to go to work or those who have to purchase materials to do a job,” House Democratic Leader Robert Johnson said.

Beyond that concern, opponents or skeptics worry that the foundation of the proposed tax overhaul would be built on shifting sands — a state economy that has been so rosy primarily from the federal government dumping billions of dollars in pandemic spending into Mississippi. With the federal spigot being cut off, some worry, the state economy could slump, and the massive tax cuts in this new plan could provide a state budget crisis, of which Mississippi has much experience, and underfunding of crucial services such as schools, roads, health care and law enforcement.

The largest hurdle Republican House leaders face in seeing their tax plan through to law is not in garnering bipartisan support. It’s internecine disagreement with the Senate Republican leadership, which still appears to harbor abovementioned concerns about overhauling tax structure in uncertain economic times and betting on growth to cover massive tax cuts.

Senate leaders have said they want to enact more tax cuts, but their plan has not yet been released. Lt. Gov. Delbert Hosemann has provided some details of what he wants to see, but it would appear he wants a more cautious approach on cuts. He has not publicly opined on the tax increases in the House plan.


“Have you ever worn a belt and suspenders, lady? It’s a belt and suspenders approach.” — Rep. Trey Lamar, R-Senatobia, to Rep. Omeria Scott, D-Laurel, during floor debate on Lamar’s bill to eliminate the state income tax and raise other taxes.

“No. I have not worn a belt and suspenders. I don’t know anyone who has worn a belt and suspenders,” Scott replied.

House will renew push to legalize mobile sports betting

House Gaming Committee Chairman Casey Eure, R-Saucier, told Mississippi Today he plans on taking another crack at legalizing mobile sports betting in the state. In 2024, the House and Senate passed versions of legislation to permit online sports betting, but never agreed on a final proposal. Some lawmakers raised concerns that gambling platforms would have no incentive to partner with smaller casinos, and most of the money would instead flow to the Mississippi Gulf Coast’s already bustling casinos. Proponents say legalization would undercut the influence of illicit offshore sports betting platforms.

“I’ve been working on this bill for many years and I’m just trying to satisfy any concerns that the Senate may have so we can pass this and start collecting the tax dollars that the state deserves and not allowing everyone to place bets with these offshore accounts,” Eure said. “I feel like the state is losing between $40-$80 million a year in tax revenue.”

Sports wagering has been permitted in the state for years, but online betting has remained illegal amid fears the move could harm the bottom line of the state’s brick-and-mortar casinos. Mobile sports betting is legal in 30 states and Washington, D.C.,  according to the American Gaming Association. — Michael Goldberg


Hosemann makes Senate committee chair changes

Republican Lt. Gov. Delbert Hosemann last week named new chairmen of committees, after former state Sen. Jenifer Branning was sworn into office as a new justice on the Mississippi Supreme Court. 

Sen. Chuck Younger, a Republican from Columbus, previously led the Senate Agriculture Committee and will replace Branning as chairman of the Transportation Committee. Sen. Neil Whaley, a Republican from Potts Camp, previously led the Senate Wildlife, Fisheries and Parks Committee, but will now lead the Senate Agriculture Committee. 

Here are the other changes to Senate committees: 

Sen. Ben Suber, a Republican from Bruce, will be the new chairman of the Senate Wildlife, Fisheries and Parks Committee 

Sen. Bart Williams, a Republican from Starkville, is the new chairman of the Senate Public Property Committee

Sen. Scott DeLano, a Republican from Gulfport, will lead the Senate Technology Committee 

Sen. Robin Robinson, a Republican from Laurel, will chair the Senate Labor Committee 

Sen. Angela Turner Ford, a Democrat from West Point, will lead the Senate Drug Policy Committee.  — Taylor Vance


What’s in a name? Democratic Rep. Scott hopes GOP majority will pass ‘Donald J. Trump Act’ bills

Perhaps tired of seeing many measures she authors ignored or shot down in flames by the Republican supermajority in the Mississippi Legislature, Democratic Rep. Omeria Scott of Laurel is trying a new strategy: naming bills after Republican President-elect Trump.

For this session, Scott has authored: House Bill 61, the “Donald J. Trump Voting Rights Restoration Act;” House Bill 62, the “Donald J. Trump Ban-The-Box Act … to prohibit public employers from using criminal history as a bar to employment;” and House Bill 249, the “Donald J. Trump Early Voting Act.” — Geoff Pender


More bills filed to criminalize abortion

Since the 2022 Dobbs Supreme Court decision overturned the constitutional right to an abortion, Mississippi lawmakers have proposed bills to criminalize workarounds to the state’s strict abortion ban – including criminalizing the abortion pill and out-of-state abortions. The 2025 legislative session is no exception. 

Rep. William Tracy Arnold, R-Booneville, filed House Bill 616 that would make it a felony to manufacture or make accessible medication abortion. Anyone convicted of the crime would be subject to a fine between $1,000 and $5,000, as well as imprisonment between two and five years. Last year, about 250 Mississippians each month requested medication abortion from Aid Access, the only online telemedicine service supplying medication abortion via mail in the U.S. 

Helping a minor receive an abortion would also be criminalized under House Bill 148 filed by Rep. Mark Tullos, R-Raleigh. That would include transporting a minor out of state to undergo an abortion, as well as helping a minor procure a medication abortion – both of which would be punishable by not less than 20 years in prison or a fine of not less than $50,000. — Sophia Paffenroth


$1.1 billion

The estimated net annual cost of the House plan to eliminate the state income tax and raise sales taxes, once fully phased in. Proponents say economic growth would allow the state budget, currently about $7 billion a year, to absorb the cut. Eliminating the income tax would cost the state $2.2 billion in revenue, but the House plan would raise about $1.1 billion in other taxes in offset.

0

The amount of income tax Mississippians would pay after a 10-year phased in elimination of the state income tax. With previous cuts being phased in, state income taxes next year will already be reduced to 4%, among the lowest rates in the nation.

8.5 %

The new Mississippi sales tax, up from current 7%, under the House tax plan assuming most local governments would not opt out of adding a new 1.5% local sales tax.

13 cents more a gallon

The cost of the House’s proposed new 5% gasoline tax, based on last week’s average cost of gasoline in Mississippi of $2.62. The new 5% tax would be on top of the flat 18.4 cents a gallon current state excise on gasoline.

4%

The tax on unprepared food once a reduction of the current 7% would be phased in over a decade under the House plan. The state would over time reduce its sales tax on such groceries to 2.5%, but local governments would add a 1.5% sales tax to such items unless they opt out.

Lawmakers must pass new legislation to improve access to prenatal care

Lawmakers will file another bill this session to help low-income pregnant women get into the doctor earlier – after the federal government rejected the program set up under last year’s law, because of discrepancies between what was written into state law and federal regulations for presumptive Medicaid eligibility. Read the story.


Proposal: eliminate income tax, add 5% tax on gas, allow cities, counties to levy local sales tax

House leaders last week unveiled a sweeping tax cut proposal that would eventually abolish the state income tax, slash taxes on groceries, increase local sales taxes and shore up funds for state and local road work. Read the story.


A new Mississippi law aims to limit jailing people awaiting mental health treatment. Is it working?

Officials say a new law to decrease the number of people being jailed solely because they need mental health treatment has led to fewer people with serious mental illness detained in jails – but the data is contradictory and incomplete. Lawmakers plan legislation to make more counties report the data. Read the story.


How soon we forget: Mississippi House push for record tax cuts revives fear of repeat budget crises

Eight years ago, from a combination of dozens of tax cuts the Legislature approved and a slumping economy, the state saw a budget crisis that resulted in severely underfunded schools, government layoffs, a near halt to building new roads and highways and problems maintaining the ones we have, too few state troopers on the highways and cuts to most major state services. Read the story.


NAACP legislative redistricting proposal pits two pairs of senators against each other

The Mississippi chapter of the ACLU has submitted a proposal to the courts to redraw the state’s legislative districts that creates two new majority-Black Senate districts and pits two pairs of incumbent senators against one another. Read the story.


Legislation to send more public money to private schools appears stalled as lawmakers consider other changes

Some top lawmakers in Mississippi’s Republican-controlled Legislature are prepared to make it easier for students to transfer between public schools but remain skeptical of sending more public money to private schools. Read the story.


House passes $1.1 billion income tax elimination-gas and sales tax increase plan in bipartisan vote

A bill that phases out the state income tax, cuts the state grocery tax and raises sales taxes and gasoline taxes passed the House of Representatives with a bipartisan vote on Thursday. Read the story.


Tate Reeves and other top Mississippi Republicans owe thanks to President Joe Biden

The tremendous cash surpluses that some state Republicans cite when defending their plan to eliminate the state’s income tax would not exist if not for the billions of dollars in federal funds that have been pumped into the state during Biden’s presidential tenure. Read the story.


Podcast: Mississippi transportation director discusses proposed new gasoline tax

Mississippi Department of Transportation Director Brad White tells Mississippi Today’s Geoff Pender and Taylor Vance he’s staying “in his lane” and out of the politics of a House tax overhaul that would eliminate the income tax and raise sales and gasoline taxes, but that he’s pleased lawmakers are trying to address the long running need for a steady new stream of money to help cover highway maintenance needs. Listen to the podcast.

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

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