Representative Rick Brattin (r) is the republican controlled General Assembly’s poster boy for right wingnut legislation. A bill, introduced on January 23, 2013 – in regard to arming school teachers and/or school administrators:
FIRST REGULAR SESSION
HOUSE BILL NO. 276
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BRATTIN (Sponsor), COX, BAHR, SMITH (120), NEELY, BROWN AND MCGAUGH (Co-sponsors).
0608L.02I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 571.107 and 590.010, RSMo, and to enact in lieu thereof six new sections relating to school protection officers, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 571.107 and 590.010, RSMo, are repealed and six new sections enacted in lieu thereof, to be known as sections 160.665, 571.107, 590.010, 590.200, 590.205, and 590.207, to read as follows:
160.665. 1. Any school district within the state may designate one or more elementary or secondary school teachers or administrators as a school protection officer. The responsibilities and duties of a school protection officer are voluntary and shall be in addition to the normal responsibilities and duties of the teacher or administrator. Any compensation for additional duties relating to service as a school protection officer shall be funded by the local school district, with no state funds used for such purpose.
2. Any person designated by a school district as a school protection officer shall be authorized to carry concealed firearms in any school in the district and shall be required to keep such firearm on his or her person at all times while on school property. Any school protection officer who violates this subsection shall be removed immediately from the classroom and subject to employment termination proceedings.
3. Any person designated as a school protection officer may detain, on view, any person the officer sees violating or who such officer has reasonable grounds to believe has violated any law of this state, including a misdemeanor or infraction, or any policy of the school.
4. Any person detained by a school protection officer for violation of any state law shall, as soon as practically possible, be turned over to a law enforcement officer. However, in no case shall a person detained under the provisions of this section be detained by a school protection officer for more than four hours.
5. Any person detained by a school protection officer for violation of any school policy shall, as soon as practically possible, be turned over to a school administrator. However, in no case shall a person detained under the provisions of this section be detained by a school protection officer for more than four hours.
6. Any teacher or administrator of an elementary or secondary school who seeks to be designated as a school protection officer shall request such designation, in writing, and submit it to the superintendent of the school district which employs him or her as a teacher or administrator. Along with this request the teacher or administrator shall also submit proof that he or she has a valid concealed carry endorsement and shall submit a certificate of school protection officer training program completion from a training program approved by the director of the department of public safety which demonstrates that such person has successfully completed the training requirements established by the POST commission under chapter 590 for school protection officers.
7. No school district may designate a teacher or administrator as a school protection officer unless such person has a valid concealed carry endorsement and has successfully completed a school protection officer training program which has been approved by the director of the department of public safety.
8. Any school district which designates a teacher or administrator as a school protection officer shall, within thirty days, notify, in writing, the director of the department of public safety of the designation which shall include the following:
(1) The full name, date of birth, and address of the officer;
(2) The name of the school district; and
(3) The date such person was designated as a school protection officer.
Notwithstanding any other law, any identifying information collected under the authority of this subsection shall not be considered public information and shall not be subject to a sunshine request made under chapter 610.
9. A school district may revoke the designation of a person as a school protection officer for any reason and shall immediately notify the designated school protection officer, in writing, of the revocation. The school district shall also within thirty days of the revocation notify the director of the department of public safety, in writing, of the revocation of the designation of such person as a school protection officer.
10. The director of the department of public safety shall maintain a listing of all persons designated by school districts as school protection officers and shall make this list available to all law enforcement agencies.
[….]
[emphasis in original]
Further into the bill the language removes restrictions on conceal carry:
….(10) Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board, unless the person with the concealed carry endorsement or permit is a teacher or administrator of an elementary or secondary school who has been designated by his or her school district as a school protection officer and is carrying a firearm in a school within that district, in which case no consent is required. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises….
[emphasis in original]
Wait a minute. Will a university within a school district have to allow guns on their campuses for K-12 teachers or administrators who are designated as “school protection officers”? Just asking.
But wait, there’s more:
[….]
(6) “School protection officer”, an elementary or secondary school teacher or administrator who has been designated as a school protection officer by a school district.
590.200. 1. The POST commission shall:
(1) Establish minimum standards for the training of school protection officers;
(2) Set the minimum number of hours of training required for a school protection officer; and
(3) Set the curriculum for school protection officer training programs.
2. At a minimum this training shall include:
(1) Instruction specific to the prevention of incidents of violence in schools;
(2) The handling of emergency or violent crisis situations in school settings;
(3) A review of all state criminal laws;
(4) Training involving the use of defensive force; and
(5) Training involving the use of deadly force.
590.205. 1. The POST commission shall establish minimum standards for school protection officer training instructors, training centers, and training programs.
2. The director shall develop and maintain a list of approved school protection officer training instructors, training centers, and training programs. The director shall not place any instructor, training center, or training program on its approved list unless such instructor, training center, or training program meets all of the POST commission requirements under this section and section 590.200. The director shall make this approved list available to every school district in the state.
3. Each person seeking entrance into a school protection officer training center or training program shall submit a fingerprint card and authorization for a criminal history background check to include the records of the Federal Bureau of Investigation to the training center or training program where such person is seeking entrance. The training center or training program shall cause a criminal history background check to be made and shall cause the resulting report to be forwarded to the school district where the elementary school teacher or administrator is seeking to be designated as a school protection officer.
4. No person shall be admitted to a school protection officer training center or training program unless such person submits proof to the training center or training program that he or she has a valid concealed carry endorsement.
5. A certificate of school protection officer training program completion may be issued to any applicant by any approved school protection officer training instructor. On the certificate of program completion the approved school protection officer training instructor shall affirm that the individual receiving instruction has taken and passed a school protection officer training program that meets the requirements of this section and section 590.200 and that the individual has a valid concealed carry endorsement. The instructor shall also provide a copy of such certificate to the director of the department of public safety.
590.207. 1. Notwithstanding any other provision of law, any person designated as a school protection officer under the provisions of section 160.665 who fails to properly carry his or her concealed weapon on his or her person at all times while on school property as proscribed under subsection 2 of section 160.655 shall be guilty of a class A misdemeanor and shall be subject to employment termination proceedings within the school district.
2. Any school employee who discloses any information collected under subsection 8 of section 160.655 that contains identifying personal information about any person designated as a school protection officer to anyone other than those authorized to receive the information under subsection 8 of section 160.655 shall be guilty of a class B misdemeanor and shall be subject to employment termination proceedings within the school district.
[emphasis in original]
“…Notwithstanding any other provision of law, any person designated as a school protection officer under the provisions of section 160.665 who fails to properly carry his or her concealed weapon on his or her person at all times while on school property as proscribed under subsection 2 of section 160.655 shall be guilty of a class A misdemeanor and shall be subject to employment termination proceedings within the school district…”
Well, if you’re a K-12 teacher or administrator and you’re gonna carry a concealed firearm under this law you have to do so all the time on any school property.
“…Any school employee who discloses any information collected under subsection 8 of section 160.655 that contains identifying personal information about any person designated as a school protection officer to anyone other than those authorized to receive the information under subsection 8 of section 160.655 shall be guilty of a class B misdemeanor and shall be subject to employment termination proceedings within the school district…”
As if anyone else couldn’t possibly notice? What is this, a “neutralize the parents who don’t want their kids going to school around guns in a free fire zone populated by amateurs” provision? Under this provision a school employee who is asked by a parent about guns in their child’s school can neither confirm nor deny the presence of those guns.
Previously:
HB 278: on the side of preening self-righteousness in the “War on Labor Day” (January 26, 2013)
HB 291: keping misooree stoopit (January 24, 2013)
HB 1109: because the contrived right wingnut “War on [the holiday season]” supersedes any sense (December 27, 2011)