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I will be speaking from the perspective of a school counselor over the intermediate grades of 3rd-5th. This padlet's purpose is to be an informational resource for educators and those who work in education alongside teachers. I chose the topic of campus carry because guns in our schools is a problem that needs to be addressed. I hope this padlet provides resources that allow real conversations to be had within districts, so that decisions can be made according to the best interests for that district and children's safety.

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Interview: Must include a summary of an INTERVIEW you complete with a professional in your field of education with practical expertise related to the Legal Guide topic. 

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Interview: Must include a summary of an INTERVIEW you complete with a professional in your field of education with practical expertise related to the Legal Guide topic. 

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US News and World Report stated, (2022) “from 2012 to the present, there have been 540 school shooting incidents nationwide that resulted in at least one victim killed or wounded, and 41 of those, the most in any single state, happened in Texas.” Campus carry is a topic at the forefront of education right now. Both administrators I interviewed stated that they have not personally had any training for campus carry but both have been a part of multiple meetings about campus safety and the potential of campus carry in their districts (Bennett/Seaton, personal interview). As a potential counselor/administrator this affects me directly because I will either be a person who is carrying or someone that is aware and responsible for those that are carrying. The field of education is being overwhelmed with safety precautions due to the various threats from outsiders as well as students within its walls.

Bennett (personal interview) stated that the most important practice to prevent these incidents is “securing all exterior campus doors as well as entering through the front door is crucial to keeping students safe”, and this is in line with recommendations from previous incidents where attackers gained entry because a door was left unlocked or open. The Center for Violence Prevention ( Lurye, S, 2022) suggests improving campus culture by “reducing day-to-day aggression, decreasing isolation, and closing the gaps in mental health services.”  Seaton (personal interview) agreed fully with this article.

The Dallas Morning News (2022) reported that lawmakers are currently trying to reinstate the original or slightly altered version of the disciplinary procedures Texas used. It cracked down harder on students that had repetitive behavioral issues in the classroom as well as consistent absences or truancies. It was most recently moved away from because schools noticed it was affecting mainly minority students, and they wanted to find a way to support them rather than punish them. Many civil rights organizations are waiting in the wings to defend those students if this is reinstated in schools across Texas.

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Professional Association: Texas Association of School Boards

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Professional Association: Texas Association of School Boards

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Texas Association of School Boards (TASB). (2022). These 7 education-related laws went into effect September 1. https://www.tasb.org/members/enhance-district/public-ed-laws-sept-1.aspx
This resource is an article published online that provided updates on existing statutes that went into effect the beginning of the 2021-2022 school year. It directly affects my topic because of the altering of SB- 741. School Marshals are one line of defense that many schools in Texas have utilized in order to prevent incidents like school shootings, and this change allows those Marshals who do not have consistent access to students to carry their firearm rather than it being locked away, possibly out of reach in an emergency situation.
"SB 741: Carrying and storage of handgun by school marshals
This bill permits school marshals to carry a concealed handgun. Written local regulations must provide that a school marshal may carry a concealed handgun on the school marshal's person or possess the handgun on the physical premises of a school in a locked and secured safe or other locked and secured location. The bill eliminates a provision requiring the firearm to be locked in a secure safe within immediate reach if the marshal has direct, regular contact with students. If a district previously considered and rejected appointing a school marshal because of the restrictions on the marshal carrying a handgun, this change in law provides an opportunity to revisit that decision."

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Of the 6,927 bills filed during the 87 th Texas Legislature, 1,073 passed and 21 were vetoed by the governor. With numbers like that, it's hard for anyone to keep up. Several bills of interest to school board trustees went into effect on September 1.

SB 2081: Prekindergarten class size requirements

As of September 1, and applying beginning with the 2021-22 school year, a district may not enroll more than 22 students in a prekindergarten class. The bill also requires prekindergarten programs facilitated by private providers or private entities that are contracting with the district to comply with the prekindergarten class size requirement. Campus or program charters and open-enrollment charter schools do not have to comply with the prekindergarten class size requirements.

SB 2066: Emergent bilingual students

Senate Bill (SB) 2066 eliminates references to "students of limited English proficiency" in favor of the term "emergent bilingual student" throughout the Texas Education Code. The bill is intended to focus on strengthening students' education by changing out-of-date terms like "limited English proficient" student and "English learner." More than one million emergent bilingual students are currently enrolled in Texas public schools, the highest percentage in the United States.

HB 4545: Accelerated and supplemental instruction

This bill eliminates what is often referred to as "high stakes" testing by removing the requirement for students in grades 5 and 8 to pass state assessments in reading and math before promotion to the next grade level. While removing the high stakes aspect of testing, the bill significantly alters what steps a district must take when a student fails to perform satisfactorily on a state assessment in grades 3-8.

As of September 1, the accelerated instruction a district provides to these students must be during the subsequent summer or school year. The district must allow the student to be assigned a classroom teacher who is certified as a master, exemplary, or recognized teacher under the local optional teacher designation system or must provide the student with supplemental instruction. When providing accelerated instruction, the district may not remove the student from instruction in the foundation and enrichment curriculum for the current grade level. The student also may not be removed from recess or another physical activity available to other students in the grade level. The district may still, however, provide instruction before or after normal school hours.

Districts that receive federal Elementary and Secondary School Emergency Relief (ESSER) II or III funds must provide supplemental instruction with targeted instruction in the Texas Essential Knowledge and Skills (TEKS) designed to assist the student in achieving satisfactory performance in the applicable grade level and subject. The instruction must be provided by a person (ideally one consistent person) under the supervision of the district with training in the effective instructional materials for supplemental instruction. Absent parental consent for a larger group setting, the instruction must be provided individually or in groups of no more than three students, and it must be in addition to instruction normally provided to students in the grade level for no fewer than 30 total hours.

If a student fails to perform satisfactorily on a third, fifth, or eighth grade math or reading state assessment, the district must establish an accelerated learning committee that includes the:

Principal or principal's designee

Parent or guardian

Teacher of the subject of the applicable assessment instrument

No later than the start of the next school year, the committee must develop an educational plan for the student that provides for the necessary accelerated instruction to enable the student to perform on grade level by the end of the school year. The parent of a student who qualifies for an accelerated learning plan must be allowed to request a particular classroom teacher.

Related: Read more about what happened during the 2021 legislative session.

SB 13, SB 19: Vendor verifications in district contracts

These bills create new requirements for contracts entered into on or after September 1. The requirements apply to contracts for goods and services with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds. SB 13 requires the contract to contain a written verification from the company that it:

Does not boycott energy companies

Will not boycott energy companies during the term of the contract

Similarly, SB 19 requires the contract to contain a written verification that the company:

Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association

Will not discriminate during the term of the contract against a firearm entity or firearm trade association

SB 741: Carrying and storage of handgun by school marshals

This bill permits school marshals to carry a concealed handgun. Written local regulations must provide that a school marshal may carry a concealed handgun on the school marshal's person or possess the handgun on the physical premises of a school in a locked and secured safe or other locked and secured location. The bill eliminates a provision requiring the firearm to be locked in a secure safe within immediate reach if the marshal has direct, regular contact with students. If a district previously considered and rejected appointing a school marshal because of the restrictions on the marshal carrying a handgun, this change in law provides an opportunity to revisit that decision.

HB 1927: Firearm Carry Act

Whether you call it permitless carry or constitutional carry, this bill essentially states that if a person is of lawful age and not otherwise prohibited from carrying a handgun, they may carry a concealed or holstered handgun in public places without a handgun license.

It remains a felony to carry a handgun in certain prohibited places, including:

School premises

Buildings and grounds where school events are taking place

School passenger transportation

Polling places

However, it is now a defense to prosecution that the actor received notice from the property owner that carrying a handgun was prohibited in that location and promptly departed from the premises or other property. This defense does not apply if a proper sign was posted prominently at each entrance to the premises or other property or the actor knew at the time of the offense that carrying a firearm or other weapon on the premises or other property was prohibited. Signs must comply with requirements in the Penal Code.

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These 7 Education-Related Laws Went Into Effect September 1

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Of the 6,927 bills filed during the 87 th Texas Legislature, 1,073 passed and 21 were vetoed by the governor. With numbers like that, it's hard for anyone to keep up. Several bills of interest to school board trustees went into effect on September 1.

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Long, C. (2022, May 24). Talking to students about the Texas Elementary School shooting. NEA. https://www.nea.org/advocating-for-change/new-from-nea/talking-students-about-texas-elementary-school-shooting
This article is provided by the National Education Association as a resource for talking to students after a school or mass shooting event has happened. It provides practices for multiple age groups of students, and the perspective behind the practice. Children are beginning to suffer from anxiety on a more prevalent basis since COVID shut schools down without warning, and now students are fearful to go to school among other places with large groups of people due to the continued occurrences of shooting incidents.

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Federal: 2nd Amendment to the U.S. Constitution
Link: https://constitution.congress.gov/browse/essay/amdt2-1/ALDE_00000408/
Citation: U.S. Const. Amend. 2, §1
Legal requirements:
restricts legislative bodies from prohibiting firearm possession
restrict Congress from taking away a state's right to self-defense

State: Texas Constitution HB 1927
Link: https://guides.sll.texas.gov/gun-laws/carry-of-firearms
Citation:  Provisions governing the carrying of a firearm by a person who is 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a firearm or other weapon; creating criminal offenses, H.B, 1927, 87th Legislature. (2021). https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1927
Link:  https://guides.sll.texas.gov/gun-laws/carry-of-firearms
Legal requirements: People who qualify under the law can carry a handgun in a public place in Texas without a license to carry (LTC).
In order to qualify for an LTC, one must:

Be at least 21 years old

Not have a prior felony conviction as described in Texas Penal Code Section 46.04

Not have a recent conviction for certain types of misdemeanors as described in Texas Penal Code Sections 46.02 and 46.04

Not be subject to an unexpired protective order as described in Texas Penal Code Section 46.04(c)

Not be restricted from possessing a firearm under federal law as described in 18 United States Code Section 922(g)

Not be intoxicated, except in certain situations as described in Texas Penal Code Section 46.02(a-6)

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The library cannot help you determine whether you are legally allowed to carry or possess a firearm. If you have questions about your eligibility under the law, be sure to ask an attorney.
As of 2021, people who qualify under the law can carry a handgun in a public place in Texas without a license to carry (LTC). Texans can still apply for an LTC since it may carry additional benefits. See our License to Carry page for more info.

Sections 46.02 and 46.04 of the Texas Penal Code describe unlawful carry and possession of a firearm. Generally, to carry a handgun in public in Texas without an LTC, a person must:

These changes did not give the right to carry a handgun to anyone who was prohibited before the amendment took effect. Section 2 of HB 1927 states:

persons who are currently prohibited from possessing firearms under state and federal law will not gain the right to possess or carry a firearm under this legislation

Texas law does not specifically put restrictions on who can carry a long gun such as a rifle or shotgun. However, some people are prohibited from owning or possessing any firearm by law. See the Owning and Possessing section of this research guide for more information.

News Articles and Publications

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This guide provides information on Texas and federal gun laws including: background checks, open carry, concealed carry, handgun licenses, restrictions for felons, and local regulation of firearms and shooting ranges.

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Federal:  National Firearms Act of 1934 (NFA)
Citation: 26 U.S. Code § 5849. https://www.law.cornell.edu/topn/national_firearms_act

Legal Requirements: regulates the manufacture, transfer, and possession of certain
enumerated weapons deemed to be particularly dangerous
All transfers of ownership of registered NFA firearms must be done through the National Firearms Registration and Transfer Record (the "NFA registry").[2] The NFA also requires that the permanent transport of NFA firearms across state lines by the owner must be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Temporary transports of some items, most notably suppressors (also referred to as silencers), do not need to be reported.

State: Offenses against public health, safety, and morals involving weapons
Citation: Tex. Penal Code § 46.03(a)(1), (g).https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm
Legal Requirements:
Unless a person has special authorization, he or she commits a third-degree felony offense when intentionally, knowingly, or recklessly possessing or going with a firearm or other prohibited weapon on any grounds or building on which a school-sponsored activity is being conducted

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Federal: Gun Control Act of 1968, Gun Free School Zone Notice
Citation: Gun Control Act of 1968, 18 U.S.C. Chapter 44. 922
https://www.atf.gov/firearms/docs/guide/gun-free-school-zone-notice-atf-p-53101/download
Legal requirements: a person may not discharge or attempt to discharge a firearm in a place that they know is a school zone unless it is: not part of the school grounds, is private property, part of a program approved by the school, is a law enforcement officer

State: Texas Commission on Law Enforcement
Citation: Texas School Marshal Program HB1009. 2021-2022. 87th Legislature. https://www.tcole.texas.gov/content/school-marshals
Legal requirements: Process to appoint a school marshal by the school board or governing body of a public or charter school or junior college,
Candidate(s) must: an employee of the school or college. hold a valid License to Carry, issued through the Texas Department of Public Safety.  (Copy submitted to TCOLE).
pass a psychological exam (TCOLE will provide this form). and attends/completes TCOLE approved 80 hour School Marshal course.

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Federal: U.S Supreme Court
Citation: New York State Rifle & Pistol Association,
Inc., et al. v. Bruen, Superintendent of New
York State Police, et al. Certiorari to the United States Court of Appeals for the Second Circuit. No. 20–843. November 3, 2022. Decided June 23, 2022
Legal Requirements: The Court ruled that New York’s law requiring a license to carry concealed weapons in public places is unconstitutional, and expanding the right to carry firearms outside the home.

State: Texas Supreme Court;
Citation: Glass v. Paxton, 1:16-CV-845-LY, 2016 WL 8904948 (W.D. Tex. Aug. 22, 2016)
Legal Requirements: professors challenged Texas's compulsory campus carry law and UT's policies implementing that law.6 The professors alleged, among other things, that requiring professors to allow students to carry firearms in the classroom violated the professors' First Amendment right to academic freedom, Fifth Circuit rejected the professors' First Amendment claims in part because it concluded that the injury alleged by the professors was not
"certainly impending," as required by the Supreme Court's decision in Clapper v. Amnesty International USA,

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Williams, J. P. (2019, September 12). Gun control: 2020 election issues - US news & world report. U.S News and World Report. https://www.usnews.com/elections/gun-control-2020
This article provided an in-depth look at the various gun control standings of the candidates of the 2020 election. It described the most recent mass tragedies involving gun violence and each candidate's responses to the public outrage they were feeling. It explored why gun control was going to be the most prominent focus of the election as well.

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SweetwaterISD. (2022). Sweetwater ISD Code of Conduct. Possession of Firearms and Weapons. https://www.sweetwaterisd.net/page/Safety_and_Security
"Employees, visitors, and students, including those with a license to carry a handgun, are prohibited from bringing firearms, knives, clubs, or other prohibited weapons onto school premises (i.e., building or portion of a building) or any grounds or building where a school-sponsored activity takes place. A person, including an employee, who holds a license to carry a handgun may transport or store a handgun or other firearm or ammunition in a locked vehicle in a parking lot, garage, or other district-provided parking area provided the handgun or firearm or ammunition is properly stored, and not in plain view. To ensure the safety of all persons, employees who observe or suspect a violation of the district’s weapons policy should report it to their supervisor or call the superintendent immediately."
This is the only specific local ordinance that addresses firearms on school property outside of the state laws and statutes. The School Marshal Program is being considered for the district, and the School Resource Officer Program is being implemented at the intermediate, middle, and high school campuses.

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Texas Education Agency. (2018). The Texas model for comprehensive school counseling programs (5th ed.). Standard 3.2. Texas Counseling Association. https://tea.texas.gov/sites/default/files/Pub_2018_Texas-Model_5th-Edition.pdf.
"(B) Standard 3.2. 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."
Anytime an educator is in a position to protect a student in a dangerous situation, they potentially cause mental and emotional trauma. In this case, one has to decide how to do the least amount of harm.

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Personal Connection to the Legal and Ethical Standards:

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Personal Connection to the Legal and Ethical Standards:

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After going through multiple facets of the law alongside the ethical expectations of the counseling position, it has become more clear to me how much impact I will have on the mental and emotional health of students. I have always been the teacher that students feel they can confide in, and that has always meant a great deal to me. This has actually helped me understand a clearer picture of the role I ultimately want to serve, a counselor who serves as a behavior interventionist or Assistant Principal.
As the law continues to expand and become responsive to current situations, it will continue to open up the path to help students transition from disruptive and destructive behaviors. After the COVID shutdown, many students experienced trauma that will affect them long-term, and it will require schools to step up and serve a role for them they never have before. This provides me the opportunity to step up, being well informed in the law and ethical principals, to serve in this role for students.

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Bulleted list of Recommendations / Best Practices for Compliance

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Bulleted list of Recommendations / Best Practices for Compliance

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Understand that the world is changing and be willing to adjust according to local and state requirements

Participate in training and professional development regarding school safety and security

Be knowledgeable of current local and state laws and regulations regarding campus carry

Participate in discussions that are happening regarding your role in safety and security in your district

Never do anything that would endanger students physically, emotionally, or mentally

Train and volunteer your services to contribute to the practices and procedures your campus has implemented

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Constitutional Law
Statutory Law
Administrative Law
Judicial Law

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Bennett, J. (2022, June 25). Personal interview [Personal interview].

Children's Hospital of Philadelphia. (2020, December 4). Preventing school shootings. Center for Violence Prevention. https://violence.chop.edu/types-violence-involving-youth/school-shootings/preventing-school-shootings

Lurye, S. (2022, May 27). States with the most school shootings | best states | US news. US News. https://www.usnews.com/news/best-states/articles/2022-05-27/states-with-the-most-school-shootings

Richman, T. (2022, July 11). After Uvalde, will Texas lawmakers push for a school discipline crackdown? Dallas Morning News. https://www.dallasnews.com/news/education/2022/07/11/after-uvalde-will-texas-lawmakers-push-for-a-school-discipline-crackdown/

Seaton, K. (2022, June 10). Personal interview [Personal interview].