Tag: firearms authorization policy

  • Fraternal Order of Police, teachers, former law enforcement against armed teacher policy

    Fraternal Order of Police, teachers, former law enforcement against armed teacher policy

     
    by Susan Tebben – and the Ohio Capital Journal
     

    An organization representing more than 23,000 police officers, including school resource officers, says allowing teachers to bring guns to school under only a concealed carry permit could do more harm than good.

    The Fraternal Order of Police of Ohio said this in a brief to the Ohio Supreme Court, which is considering a case that would keep schools from allowing a firearms authorization policy. The police organization said they were not taking a stand on whether teachers should be armed, but rather the training involved.

    Susan TebbenSusan Tebben is an award-winning journalist with a decade of experience covering Ohio news, including courts and crime, Appalachian social issues, government, education, diversity and culture. She has worked for The Newark Advocate, The Glasgow Daily Times, The Athens Messenger, and WOUB Public Media. She has also had work featured on National Public Radio.

    “An interpretation holding that a school resource officer or security guard needs extensive training to carry a gun in school, but the art teacher does not, is neither just nor reasonable,” the group said in a brief to the court.

    While 17 other school districts argued that the “plain language” in the Ohio Revised Code allowed them the right to bring guns to school when authorized, the FOP read the “plain language” as advising schools to the contrary.

    “A teacher who carries a weapon into a classroom while teaching is, quite

    literally, both ‘armed’ and ‘on duty,’” the organization stated. “There is no reason to depart from this plain language because it yields a ‘just and reasonable’ result, as the Revised Code demands.”

    Agreeing with the language, a group of 284 current or former Ohio teachers or school staff members said the law was “unambiguous” in its explanation of the training requirements needed to bring guns to schools. The teachers and staff don’t say school districts should be banned from creating weapons policies.

    “But the General Assembly has required that, should they elect to arm teachers, school districts must ensure that they have adequate training, which the legislature has determined was satisfactory completion of an approved basic peace officer training program,” the brief by the teachers and staff stated.

    The FOP even went so far as to say the Madison Board of Education’s interpretation “would get people killed.”

    In arguing against the firearms policy, the police officer’s group brought up gun-retention skills, accuracy in a gunfight and situational awareness that they say would decrease if teachers were given the responsibility of defending themselves and others in a school shooting.

    The brief to the court also said a lack of training would make armed teachers a liability, causing law enforcement to have more difficulty stopping an active shooter, and “may get themselves shot in the process.”

    “If nothing else, police officers train on the ‘mental preparedness’ necessary to take a life,” the brief stated. “But in the context of a school setting, undertrained teachers will be mentally unprepared to kill one of their own students.”

    Several others submitted document in support of a decisions that keeps gun policies out of the board’s hands, including the Ohio Education Association and the Ohio Federation of Teachers. A group of “experts in school safety and firearms training,” including Dayton Police Department Chief Richard Biehl, a former leader of the Columbus Division of Police Training Bureau and a former Madison Local School District teacher who became a police officer after the 2016 school shooting there, joined in the support of the parents against the firearms policies.

    The cities of Columbus and Cincinnati also filed briefs showing their interest in the case, and support of the present law on training of armed personnel in schools.

    If an Ohio Senator has his way, the law will change regarding armed personnel in school. The bill passed the Senate Government Oversight & Reform Committee, and is awaiting a full floor vote before moving on to the Ohio House.

  • Butler County school asks state supreme court to speed up decision on armed teachers policy

    Butler County school asks state supreme court to speed up decision on armed teachers policy

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    Columbus, Ohio – An Ohio school district hoping to enact a policy to arm teachers is asking the Ohio Supreme Court to speed up their decision in light of an approaching school year. 
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    Last week, the state’s highest court agreed to hear the appeal of the Madison Local School District in Butler County, after an appeals court ruled they did not have the right to enact a “firearms authorization policy” that would allow armed teachers in schools.
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    Several parents sued the district in 2018 seeking an injunction blocking the district from arming teachers and other staff without the training required of law enforcement officials.
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    When the court of appeals made that ruling in March 2020, it had “no practical effect” on the district, attorneys for the district said in court documents. The decision came after Ohio Gov. Mike DeWine closed schools throughout the state due to the COVID-19 pandemic.
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    “That changes (Aug. 13), when the 2020-21 school year begins for Madison with in-person classroom instruction,” attorneys for the district said in their motion. 

    Due to the upcoming school year, the school district is asking the court to “expedite” the schedule and consideration for the ruling.

    Due to the upcoming school year, the school district is asking the court to “expedite” the schedule and consideration for the ruling. They submitted the request two days after the state supreme court agreed to hear the case. 

    The request to speed up a ruling also included an argument that the school should be able to go forward with their firearms policy as the appeals court decision is appealed. 

    Attorneys for the district said the fact that the Ohio Supreme Court accepted the case “implies serious questions going to the merits of the Twelfth District’s decision and that Madison has at least a reasonable prospect of success on the merits.”

    The firearms policy was agreed to after a shooting at the junior/senior high school in which four students were injured, and the shooter, James Austin Hancock was sentenced to juvenile detention until he turns 21.

    The district also said barring the firearms policy as the school year begins could become a safety issue. 

    “To be sure, everyone can hope that Madison does not ever experience another school shooting, and it is possible that the absence of this deterrent effect during the upcoming school year might turn out not to have mattered,” the school district said in court documents. “But it might matter, and Madison has made the policy decision that its students and staff are safer with its policy in place.”

    The firearms policy was agreed to after a shooting at the junior/senior high school in which four students were injured, and the shooter, James Austin Hancock was sentenced to juvenile detention until he turns 21.

    The district noted in its statement to the court that there were no “situations or incidents” during the 2018-19 school year or the part of the  2019-20 school year in which the schools were open.

    The court battle is also the subject of a bill currently in the Ohio Senate. Butler County resident and state Sen. Bill Coley introduced Senate Bill 317 in May with the aim to reduce the amount of training needed for school personnel to be armed in schools. 

    An amendment has been brought up to include a “school marshal program” within the bill. The last hearing on the bill was held July 21.

    Susan Tebben

    Susan Tebben is an award-winning journalist with a decade of experience covering Ohio news, including courts and crime, Appalachian social issues, government, education, diversity and culture. She has worked for The Newark Advocate, The Glasgow Daily Times, The Athens Messenger, and WOUB Public Media. She has also had work featured on National Public Radio.