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·         School safety is a top priority, however, not all districts are the same. Campus carry for teachers should be determined based on district and community consent.

·         Marshal programs allows handpicked teachers to go through highly intense training monitored by Texas Commission of Law Enforcement.

·         Marshals must complete multiple psychological exams and pass in order to become a marshal.

·         Districts must keep training updated for each marshal.

·         Department of Education and Federal Safety Commission recommend highly trained armed staff.

·         Local principals want to implement campus carry for teachers in order to provide the campuses with another layer of protection in case of an incident.

·         Campus carry for teachers is a viable option for districts in Texas, however, nothing can properly prepare a campus for an active shooter incident but student and staff awareness and preparation plans.

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Under Texas Admin. Code of Ethics, section 1(I), standard 1.9, educators must not make threats of violence against employees, board members, students, or parents (Texas Admin. Code §247.2). Campus carry for teachers may be seen as a threat to students because of the weapon that is carried on campus. Parents may consider a weapon on campus, no matter who is in possession, as a potential safety issue. This could hinder schools from considering any program that allows teachers to carry a handgun.

Texas Admin. Code §247.2

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https://pol.tasb.org/Policy/Download/861?filename=CKE(LEGAL).pdf

According to local policy, La Vega high school is introducing the school marshal program into the district in the 2019-2020 school year. The district is placing one marshal per campus and allowing the marshal to have a concealed handgun locked in a secure location (La Vega policy, 2019).

La Vega School Policy, 2019

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Constitutional Law- Second Amendment

U.S. Const.  amend.  II

https://www.archives.gov/founding-docs/constitution-transcript

The second amendment states that citizens of the U.S have a right to bear arms. This means they legally have the right to have weapons. This is crucial to campus carry for teachers because the constitution does state that they do have the right to have guns. . This amendment is the precedent for future gun laws such as campus carry and the rights thereof.

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https://www.houstonpublicmedia.org/articles/news/2018/05/21/286773/five-things-to-know-about-texas-school-marshal-program/

This article states the most important things to know about the marshal program. It tells the reader why the program started and how it works within the educational institution. Lastly, the article states how the program can grow as the country and its school evolve.

Isensee, L. (2018, May 21). Five things to know about texas’ school marshal program. Retrieved July 16, 2019, from https://www.houstonpublicmedia.org/articles/news/2018/05/21/286773/five-things-to-know-about-texas-school-marshal-program/

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Administrative Law- School Marshal Program

Tex. Admin. Code § 227.3

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=37&pt=7&ch=227&rl=3

This section of the Texas Administrative Code allows schools to appoint a school marshal. The school marshals can possess a gun on campus but they must follow strict guidelines and training. This is the step in the right direction for teachers to carry a gun on campus.

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Statutory Law- Gun Free School Zone Act

18 U.S.C § 922(q)(2)(A)

https://www.congress.gov/bill/101st-congress/senate-bill/2070

The federal law prohibits firearms on school property. This plays a crucial role against campus carry and has been in effect since 1990. This law was put into place to keep students protected from gun violence, however, school shootings are happening all over the country. As a result, Texas teachers are pushing for more campus security.

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Judicial Law- 5th Circuit Court of Appeals

Glass, Moore, & Carter v. Ken Paxton (5th Cir., 2018)

https://www.ca5.uscourts.gov/opinions/pub/17/17-50641-CV0.pdf

This decision upheld Senate Bill 11 campus carry. This continued to allow students with handgun licenses to participate in concealed carry on a college campus. This decision argued that people do have the right to carry a handgun at an educational institution. This legendary case has carried into high schools, as teachers are pushing for more safety measures on campus.

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Trump article

https://www.educationdive.com/news/trump-suggests-arming-training-educators-to-deter-school-shootings/517669/

Summary- President Donald Trump wants more educators armed within schools around the country. He states that teachers who do become armed will be provided with anywhere from a ten to forty percent bonus. He wants to arm more teachers after the Parkland shooting in Florida, in order to stop school shootings. President Trump wants to raise the age for legally buying a gun to 21.  The current age to legally purchase a gun is 18.

Riddell, R. (2018, February 23). Trump suggests arming, training educators to deter school shootings. Education Dive. Retrieved July 16, 2018, from https://www.educationdive.com/news/trump-suggests-arming-training-educators-to-deter-school-shootings/517669/

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https://www.educationdive.com/news/safety-commission-recommends-armed-school-personnel-expanded-mental-health/544654/

Summary- The Federal Commission on School Safety states that schools should have highly trained staff in areas where emergency response time is high. The Commission determines that many districts do not have a positive functioning relationship (Jacobson, 2018).  The Department of Education Secretary, Betsy DeVos, urges the media to stop posting names of school shooters to deter any future incidents. The Commission also calls for districts to implement more mental health services for students.

Jacobson, L. (2018, December 18). Safety commission recommends armed school personnel, expanded mental health services. Education Dive. Retrieved July 16, 2019, from https://www.educationdive.com/news/safety-commission-recommends-armed-school-personnel-expanded-mental-health/544654/

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http://www.ascd.org/news-media/Press-Room/News-Releases/Statement-on-Proposal-to-Arm-Teachers.aspx

Summary- CEO and Executive director, Deb Delisle, issues a statement in response to President Trumps proposition to arm teachers. Delisle states that teacher do not need to be armed, but instead, given more funding to increase salaries, gather more supplies and resources, and more professional development. This response from the director plays a role in states legislation to vote against campus carry for teachers.

Brenchley, C. (2018, February 22). Deb Delisle statement on proposal to arm teachers. Retrieved July 19, 2019, from http://www.ascd.org/news-media/Press-Room/News-Releases/Statement-on-Proposal-to-Arm-Teachers.aspx

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Sandra Gibson, La Vega high school principal was interviewed concerning campus carry for teachers. She stated that the state of Texas allows school marshals for each campus. This requires an employee of the district to complete intense training in order to carry a weapon on campus. This marshal program is important to education because due to recent events such as the Santa Fe shooting, this program allows the feeling of extra school safety. It also requires districts to looking into safety procedures. Mrs. Gibson stated that many districts struggle on the decision to have an employee carry a handgun on campus or not. She, as the principal who supports the program, must keep the marshal updated on training and research regarding the program. This also requires the staff to reevaluate safety routes and create rescue plans.

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I am currently in the Educational Administration program and the topic for the legal guide is campus carry for teachers. I chose this topic because my district has just adopted the marshal program and I want to educate myself and others about it.