The Law Blog of Oklahoma

Armed Teachers to Become Reality in Oklahoma Schools

Tuesday, September 8, 2015

Almost immediately after the mass shootings of first grade students, teachers, and staff at Sandy Hook Elementary School in Newtown, Connecticut, lawmakers,educators, and parents across the United States began discussing the possibility of arming teachers and administrators to defend school children againstschool shootings.

In Oklahoma, a bill proposing the allowance of armed school employees has been brought before lawmakers each year since the Sandy Hook Shootings. Thisyear, it passed resoundingly, and Governor Mary Fallin signed it into law in May. While many laws passed in the Oklahoma legislature take effect onNovember 1 of the same year, HB 2014, which allows designated school staff to carry a concealed weapon on school property and within schools, was passedas an emergency measure, which means that it took effect immediately. The law is known as the Special Reserve School Resource Officer Act.

However, because of the requirements under which a staff member would be allowed to carry concealed on school property, it was not possible in mostcases for teachers to begin carrying right away. Furthermore, many districts--including larger districts like Tulsa Public Schools, which has its ownpolice force--dismissed the controversial law, saying that armed teachers are not in the best interests of students, and therefore, the districts wouldnot be allowing school employees to carry firearms on campus.

But smaller districts often do not have access to rapid response from police departments, and in these, the desire for armed teachers is often strong.Recently, Wilson Public Schools, near Ardmore in southwestern Carter County, announced that the district is a paying for 6 staff members to receivethe 120-hour training required to be allowed to carry concealed weapons on campus.

Wilson High School Principal Gary Labeth told a local newspaper, "A school shootingsituation, even in a small town like Wilson, it is over when the police department arrives. A tactical team would take 15 minutes coming out of Ardmore.It�s just another level of protection."

While the district is providing training so that Wilson Public Schools will have an armed Special Reserve School Resource Officer at each school, the administratorsand teachers undergoing training must provide their own firearms and ammunition.

Before Governor Fallin signed the measure into law, it passed the Oklahoma Senate by a vote of 40 to 5 and the House of Representatives by a voteof 82 to 12.

Authorization for school employees to serve as Special Reserve School Resource Officers is found in 70 O.S. � 5-149.2:

A. The board of education of a school district may, through a majority vote of the board, designate school personnel who have been issued a handgun license pursuant to the Oklahoma Self-Defense Act to attend an armed security guard training program, as provided for in Section 1750.5 of Title 59 of the Oklahoma Statutes, or a reserve peace officer certification program, as provided for in Section 3311 of Title 70 of the Oklahoma Statutes, provided and developed by the Council on Law Enforcement Education and Training (CLEET). Nothing in this section shall be construed to prohibit or limit the board of education of a school district from requiring ongoing education and training.

B. Participation in either the armed security guard training program or the reserve peace officer certification program shall be voluntary and shall not in any way be considered a requirement for continued employment with the school district. The board of education of a school district shall have the final authority to determine and designate the school personnel who will be authorized to obtain and use an armed security guard license or reserve peace officer certification in conjunction with their employment as school personnel.

C. The board of education of a school district that authorizes school personnel to participate in either the armed security guard program or the reserve peace officer program may pay all necessary training, meal and lodging expenses associated with the training.

D. When carrying a firearm pursuant to the provisions of this act, the person shall at all times carry the firearm on his or her person or the firearm shall be stored in a locked and secure location.

E. Any school personnel who have successfully completed either training and while acting in good faith shall be immune from civil and criminal liability for any injury resulting from the carrying of a handgun onto public school property as provided for in this act. Any board of education of a school district or participating local law enforcement agency shall be immune from civil and criminal liability for any injury resulting from any act committed by school personnel who are designated to carry a concealed handgun on public school property pursuant to the provisions of this act.

F. In order to carry out the provisions of this section, the board of education of a school district is authorized to enter into a memorandum of understanding with local law enforcement entities.

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