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I have chosen to do my presentation on campus carry.  The recent increase in media coverage surrounding school shootings has sparked interest in providing teachers with the tools necessary to defend themselves and their students during an active shooter situation.  This guide will serve as a cheat sheet for administrators when developing local policy.  The discussion regarding campus often becomes a heated debate between activists from both sides of the argument.  Campus carry has been a heavily debated topic in school board meetings, legislative sessions, and presidential debates.  As with any controversial topic, there are many valid arguments on each side of the debate.  The laws regarding campus carry in Texas are somewhat vague in regard to the qualifications required of an individual that carries a weapon on campus.

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Campus carry has become a part of the conversation in schools across the nation due to the increased media coverage regarding school shootings.   In Texas, there are many schools that have adopted local policy regarding campus carry and school marshals to increase the safety and security of their campus.  Administrators must make difficult decisions and facilitate discussions with stakeholders regarding campus carry.  This issue will continue to impact local districts as they consider potential liability and student safety.  Currently, there is a push in the Texas legislature to expand campus carry to include any adult with a License to Carry (LTC) (Sparber, 2021).  This new legislative push would allow campus carry laws to include K-12 campuses in Texas.  The bill, currently being written by Sen. Bob Hall, would also include an expansion of the current school marshal program, along with several other new campus safety laws.  Currently, the bill is under scrutiny from members of the senate that are strongly opposed to campus carry.

Sparber, S. (2021, March 11). Lawmaker pushes to allow weapons in Texas public schools. The Texas Tribune. https://www.texastribune.org/2021/03/11/texas-legislature-campus-carry-guns-schools/

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The National Education Association (NAE) has been very vocal regarding their stance on the issue of campus carry.  The NAE does not support campus carry and points out that federal research proves that teachers carrying weapons causes more school violence (Litvinov, 2018).  The NAE also cites a Gallup poll that found 73 percent of teachers do not support campus carry, including the Texas State Teachers Association.

Litvinov, A. (2018, March 24). Lawmakers in these 6 states are pushing to arm teachers. National Education Association. https://educationvotes.nea.org/2019/04/25/lawmakers-in-these-6-states-are-pushing-to-arm-teachers/

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·      Rep. Hefner introduced House Bill 1788.

·      This bill provides immunity to any school employee that takes reasonable action to ensure student safety during an active shooter situation.

·      The bill requires employees to receive written permission from the board of trustees to carry a weapon on campus.

·      https://www.kltv.com/2021/03/10/hefners-hb-moves-committee/

Fraizer, S. (2021, March 10). Rep. Hefner’s bill on armed school security immunity moves to committee. KLVT. https://www.kltv.com/2021/03/10/hefners-hb-moves-committee/

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·      In July 2016, three University of Texas professors file a claim regarding campus carry.

·      The professors claim that allowing weapons in the classroom would discourage free speech.

·      The professors’ claim was thrown out by a federal judge in 2017.

·      The professors claim was also thrown out by a federal appeals court in 2018.

·      The courts determined that the professors' claims were unfounded.

·      https://www.texastribune.org/2018/08/16/appeals-court-rejects-texas-campus-carry-lawsuit/

Pollock, C. & Platoff, E. (2018, August 16). Federal appeals court upholds Texas campus carry law. The Texas Tribune. https://www.texastribune.org/2018/08/16/appeals-court-rejects-texas-campus-carry-lawsuit/

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Slide 6: License to Carry Administrative Law

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Slide 6: License to Carry Administrative Law

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This law pertains to the qualifications for Texas citizens to obtain a License to Carry (LTC).  The law requires LTC holders to be free of felony convictions, attend a training course, and have the ability to pass a drug test (4 T.G.C. § 411.172).  The law clearly outlines the qualifications for LTC holders and outlines the consequences for those that do not obey the law.  It is imperative that all LTC holders read and understand this section of the law to ensure that they remain compliant.
Texas Government Code, 4 T.G.C. § 411.172 (2009). https://statutes.capitol.texas.gov/Docs/ GV/htm/GV.411.htm

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Slide 7: Campus Carry Training Administrative Law

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Slide 7: Campus Carry Training Administrative Law

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This law outlines the regulations and requirements for campus carry and school safety training.  The law provides provisions for handgun instructors to tech a school safety course.  The law requires handgun instructors to present information and strategies for:

(1) the protection of students;

(2)  interaction of license holders with first responders;

(3)  tactics for denying an intruder entry into a classroom or school facility; and

(4)  methods for increasing a license holder's accuracy with a handgun while under duress (4 T.G.C. §411.1901).  This course is currently a requirement for all LTC holders that are authorized to carry a weapon on campus.  The fifteen-hour course must be taught by a licensed handgun instructor, certified by the Department of Public Safety.
Texas Government Code, 4 T.G.C. § 411.1901 (2015). https://statutes.capitol.texas.gov/ Docs/GV/htm/GV.411.htm

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Slide 8: School Marshals Administrative Law 

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Slide 8: School Marshals Administrative Law 

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This law pertains to the appointment of school marshals.  The law states that the board of trustees may appoint a school employee as a school marshal, allowing that person to carry a weapon on campus.  The employee may carry or have access to a handgun, as long as the employee follows guidelines outlined by the policy adopted by the board of trustees (37 T.E.C. § 37.0811).  This law enables school that are financially unable to hire a resource officer to appoint a school marshal for every 400 students.
Tex. Educ. Code, 37 T.E.C. § 37.0811 (2015). https://statutes.capitol.texas.gov/StatutesByDate .aspx?code=ED&level=SE&value=37.0811&date=1/23/2015

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Slide 9: Campus Carry Administrative Law

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Slide 9: Campus Carry Administrative Law

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Campus carry was written into law through S.B. 11 in 2015.  This law states,

“A license holder may carry a concealed handgun on or about the license holder’s person while the license holder is on the campus of an institution of higher education or private or independent institution of higher education in this state” (T.G.C. 4 T.G.C. § 411.2031).

This law allows LTC holders to carry a concealed handgun on to public university campuses in Texas.  When S.B. 11 was written into law, college professors from many institutions across the state protested the decision.  There have not been any shootings on a college campus in Texas since the passage of S.B. 11.
Texas Government Code, 4 T.G.C. § 411.2031 (2015). https://texas.public.law/statutes/tex ._gov't_code_section_411.2031#:~:text=A%20license%20holder%20may%20carry,higher%20education%20in%20this%20state.

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Current local policy does not allow for unauthorized personnel to possess a handgun on campus.  The policy does allow personnel to store a weapon in their vehicle as long as the weapon is concealed, and the vehicle is locked.  The police is written in a manner that permits selected individuals to conceal carry on campus.
Whiteface Consolidated Independent School District. 2021. Employee handbook. http://www.whitefaceschool.net/UserFiles/Servers/Server_327320/File/1%20nwheeler/Employee%20Handbook%20_2020_June.pdf

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Texas Administrative Code (§247.2.3.B) states, “The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor”.  This standard found in the Educators Code of Ethics creates an ethical dilemma.  During an active-shooter situation, an educator may have to use deadly force on a student-attacker.  The ethical and emotional dilemma created during an active-shooter event could cause a teacher to panic, hesitate, or negligently discharge a firearm.  A teacher that chooses to carry a weapon must be mentally prepared for that situation.

Tex. Admin. Code. (1998) 19 T.A.C. § 247.2. https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

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The Texas Bar Association’s article provides educators and administrators with an abbreviated walk-through of the campus carry laws.  This guide cites laws regarding the current campus carry laws.

Short, A. (n.d.). Higher education law: guns on campus. State Bar of Texas. https://www.texasbar.com/AM/Template.cfm?Section=articles&Template=/CM/HTMLDisplay.cfm&ContentID=37829

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·      Texas law provides requirements individuals seeking an LTC.  The guidelines include an extensive background check and training.

·      Texas law provides schools with the guidelines for implementing a school marshal program.  Administrators must comply with the correct number of marshals per student.

·       Currently, school marshals and other designated school employees are the only individuals allowed to carry a weapon on campus.

·      School marshals and other employees that carry a weapon on campus must be certified through a school safety program.

·      Administrators should be aware of the employees that are armed and ensure that their licenses and certifications are up to date.

·      Local policy can require more rigorous training for individuals that carry a weapon on campus.

·      School marshals and other individuals authorized to carry a weapon on campus may be subject to mental health evaluations.

·      Local policy should reflect the interest of stakeholders.  The local policy should be developed with the board of trustees and other stakeholders to provide ambiguity.