2/8/17. Developing School Gun Policy. Gun-Free School Zone Act of 1995 Penal Code One Size Doesn t Fit All

Transcription

1 Armed to Learn: Aiming at California K-12 School Gun Policy Catherine Jones, CSP, ARM, MA Bakersfield College Gun-Free School Zone Act of 1995 Penal Code Prior to 1/1/2016: CCW permit holder was not prohibited by the Act from carrying a concealed firearm on school grounds After 1/1/2016 (SB 707): CCW permit holder was not prohibited by the Act from carrying a concealed firearm within 1000 feet of school grounds CCW permit holder prohibited by the Act from carrying a concealed firearm or ammunition on school grounds without the express written permission of the Superintendent or designee Developing School Gun Policy One Size Doesn t Fit All 1

2 Policy Options MoreGuns: Allow teachers, staff, and CCW holders to be armed SomeGuns: Only trained security or law enforcement are armed BanGuns: one is armed MoreGuns Culturally supported across the board Desired part of job (even if voluntary) CW permit holders supported Willing to incur liability Insurance and indemnification in place Training is robust, POST or BSIS standard SomeGuns Culturally supported for sworn personnel or trained security Willing to incur some liability Insurance and contracts for outside agencies (security, SRO, etc.) Training is robust, POST, or BSIS standard 2

3 BanGuns t supported by culture Unwillingness or inability to incur any liability Insurance is not available or cost prohibitive A lack of capacity/capability to administer a weapons policy Resources already allocated to early intervention programs, such as school psychologists or social workers who implement behavioral intervention strategies, and strive to address the underlying school culture. Gauging Risk Acceptable Risk Conditions Supporting Policy Elevated Risk Conditions Warranting Caution or Further Risk Mitigation Uncontrolled or Unmanaged Risk Conditions Warranting Risk Av o ida nce 3

4 Social/Cultural Parent and employee groups support a culture of guns on campus. opposition expressed toward arming staff or security personnel. Parent groups support a policy Parent groups and of arming employees, but employee groups do employee groups are resistant not support guns on or opposed. Consider only campus. arming administrators to avoid conflict with employee groups or hire security personnel. Course and Scope of Employment Use of firearm has been identified as desired and required part of job duties. Use of firearm is desired but not required. Use of firearms is not a required or desired element of job duties. Voluntary Carry Job duties do not require use of Job duties do not require use Job duties do not require use a weapon, but culture supports of a firearm, but culture voluntary carry for employees supports voluntary carry. of a firearm, and culture does not support voluntary carry. who have a concealed weapons Insurance is minimal. Local Insurance and hold harmless permit, proof of insurance, and permit authority collaborates not executed. Local permit hold harmless agreement. Local with school district on authority does not permit authority collaborates with school district on permit requirements. permit requirements. collaborate with school district on permit requirements. 4

5 Pandora s Box? Creating A Duty? Employment/Legal Liability Willingness to incur liability for the presence of firearms. collective bargaining issues are Willingness to incur liability for District is not willing the presence of firearms. to incur liability for collective bargaining issues are the presence of present with respect to selection of present with respect to selection firearms on campus. employees designated or allowed of employees designated or to carry guns. There are written allowed to carry guns. procedures regulating storage, type written procedures regulating of weapons approved, ammunition, storage, type of weapons and permissive/approved use of approved, ammunition, and firearms. permissive/approved use. 5

6 Insurance Insurance can be obtained or Insurance is not in place, but Insurance cannot be obtained is in place covering the use can be obtained covering the for use or presence of and presence of firearms on use and presence of firearms firearms, or limits are campus at limits equal to the on campus at an amount less substantially less than the district s general liability limits. than the district's general liability limits. district's general liability limits. JPA Recommended Requirements Submit permit for review Complete 24 hr. POST training Psychiatric evaluation Proof of insurance Firearm qualifying (quarterly) Surrender of weapon to Superintendent if requested Carry on person or maintain in locked safe in vehicle Do not leave firearm on campus Firearm cannot be used to defend property Limit ammunition Reasons for Revocation Showing the firearm or ammunition to students, parents, or employees or informing them about carrying the firearm Discharging the firearm for any reason other than defending life Carrying an illegal weapon or non-approved ammunition Leaving the weapon or ammunition unattended or storing the weapon on campus Sexual harassment, workplace violence, or hostile work environment complaint Taki n g m ed i cati o n s th at al ter m en tal s tate o r p recl u d e o p erati o n o f equipment Failing psych evaluation Failing qualification 6

7 Gun Laws School district administration collaborates with local permit School authorities do not have a thorough School authorities do not collaborate with local authority regarding the policies understanding of gun law, but permit authority, or have and presence of guns on campus. collaborates closely with local a clear understanding of School officials have a clear law enforcement. Local law state and local gun law. understanding of local and state enforcement Local law enforcement is gun laws and all school policies policy/regulations regarding vague or not clearly are consistent with such laws. concealed carry are vague or articulated as a basis for unknown. school policy. Training and Certification Training consistent with Peace Training consistent with Training less than POST or Officer Standards and Training (POST), or the Bureau of Security and POST is required for sworn officers, but BSIS is not required for others. A BSIS and absence of psychological examination. Investigative Service (BSIS). psychological examination is A psychological examination not required. is required for those who seek approval to carry. Emergency Procedures Written procedures detail the expectations and Written procedures detail the There are no written response of those individuals who carry expectations and response of those procedures detailing the firearms and the conditions under which use in d iv id u als wh o carry firearms an d the expectations and is warran ted. Pro ced u res acco u n t for th o se who carry voluntarily and those who carry conditions under which use is warranted. Expectations are clearly response of those who carry firearms on within the course of employment. Expectations are clearly understood and understood and communicated to local campus. law en fo rcemen t as to th e p resen ce o f communicated to local law enforcement with firearms on campus. Procedures do not regard to the presence of firearms on campus. in clu d e p ro to co ls fo r th o se wh o carry voluntarily. 7

8 Board Policy Board policy is clear and consistent Board policy is vague, and There is no board policy regarding guns on campus regardless there is no administrative or administrative of whether the policy is BanGuns, regulation, or it does not regulation regarding the MoreGuns, or SomeGuns. If guns are address all elements of the presence or use of guns approved, there is a detailed administrative regulation, which district's gun policy, including elements related by employees. outlines the provisions of approved to employee discipline for carry (including all the elements policy violations. above). Firearms on School Grounds CSBA Model BP Committed to providing a safe environment on campus Consult with local law enforcement, insurance carriers and others to address the security of school campuses District policy regarding the possession of firearms and/or ammunition on school grounds shall be included in the district s comprehensive school safety plan Shall be communicated to district staff, parents/guardians, and the community Firearms on School Grounds CSBA Model BP Option. 1 The Superintendent or designee shall not grant permission to any other individual to carry a firearm or ammunition on school grounds 8

9 Firearms on School Grounds CSBA Model BP Option. 2 The board authorizes the Superintendent or designee to grant written permission to a person who holds a valid Carry Concealed Weapon (CCW) license issued in California to possess lawful firearms and/or ammunition on school grounds in accordance with law and board policy Any employee granted permission shall be an employee with no disciplinary record in the previous four years staff member shall be required to carry a firearm and/or ammunition while on school grounds Decision Framework for Determining Concealed Weapons Policy in California K-12 Schools Is the district prepared to incur liability for the presence of guns on campus? Do not proceed. Avoid Risk Accept Risk Is the presence of guns on campus socially and culturally acceptable? Do not proceed. Avoid Risk Is the reason for the weapon job related - do the job duties require the use of a gun? Carry Related to Employment or Service to District Does the district s insurance policy provide appropriate levels of coverage for the use and presence of firearms? Transfer Risk Do district emergency management and student intervention polices reflect the potential use of weapons and prescribe authorized use? Mitigate Risk Are circumstances for authorized use such as storage and type of ammunition identified and documented? Mitigate Risk Does the district have policy in place to require psychological exams for those desiring to carry a weapon? Mitigate Risk Does the district follow a training and certification program it believes is sufficient to provide the skills to engage in an active shooter scenario? Mitigate Risk Proceed Risk Adequately Managed 9

10 Voluntary Carry t Related to Employment or Service to District Is insurance (without firearms exclusions) and indemnification available at a cost not borne by the district? Decline approval Avoid Risk Is it confirmed and documented that the use of the weapon is not associated with job duties? Decline approval Avoid Risk Grant approval Transfer Risk Good intentions don t make good policy 10

11 Risk Assessment Matrix for Gun Policy in K-12 Schools The following risk assessment matrix illustrates how key decision points move from conditions warranting risk avoidance or areas of higher risk, indicating where policy or protocols need to be adjusted, to conditions supporting policy and acceptable levels of risk. The risk assessment matrix is intended to assess risk according to individual criteria and can help serve as a risk assessment audit tool of existing or desired policy options. Acceptable Risk Elevated Risk Uncontrolled/Unmanaged Risk Conditions Supporting Policy Conditions Warranting Caution or Further Risk Mitigation Conditions Warranting Risk Avoidance Parent and employee groups support a Parent groups support a policy of arming Parent groups and employee groups do culture of guns on campus. employees, but employee groups are not support guns on campus. Social/Cultural opposition expressed toward arming staff or security personnel. resistant or opposed. Consider only arming administrators to avoid conflict with employee groups or hire security personnel. Course and Scope of Employment Use of firearm has been identified as desired and required part of job duties. Use of firearm is desired but not required. Use of firearms is not a required or desired element of job duties. Job duties do not require use of a Job duties do not require use of a Job duties do not require use of a weapon, but culture supports voluntary firearm, but culture supports voluntary firearm, and culture does not support Voluntary Carry carry for employees who have a concealed weapons permit, proof of carry. Insurance is minimal. Local permit authority collaborates with school district voluntary carry. Insurance and hold harmless not executed. Local permit insurance, and hold harmless agreement. on permit requirements. authority does not collaborate with Local permit authority collaborates with school district on permit requirements. school district on permit requirements. District is willing to incur liability for the District is willing to incur liability for the District is not willing to incur liability for presence of firearms on campus. presence of firearms on campus. the presence of firearms on campus. collective bargaining issues are present collective bargaining issues are present Employment/Legal Liability with respect to selection of employees designated or allowed to carry guns. There are written procedures regulating with respect to selection of employees designated or allowed to carry guns. There are no written procedures storage, type of weapons approved, regulating storage, type of weapons ammunition, and permissive/approved approved, ammunition, and use of firearms. permissive/approved use of firearms. School administration collaborates with School authorities do not have a School authorities do not collaborate local permit authority regarding policies thorough understanding of gun law, but with local permit authority, or have a Gun Laws and presence of guns on campus. School officials have a clear understanding of collaborates closely with local law enforcement. Local law enforcement clear understanding of state and local gun law. Local law enforcement is vague or local and state gun laws and all school policy/regulations regarding concealed not clearly articulated as a basis for policies are consistent with such laws. carry are vague or unknown. school policy. catherine.jones@bakersfieldcollege.edu - 1

12 Acceptable Risk Elevated Risk Uncontrolled/Unmanaged Risk Conditions Supporting Policy Conditions Warranting Caution or Further Risk Mitigation Conditions Warranting Risk Avoidance Insurance can be obtained or is in place Insurance is not in place, but can be Insurance cannot be obtained for use or Insurance covering the use and presence of firearms on campus at limits equal to the district s obtained covering the use and presence of firearms on campus at an amount less presence of firearms, or limits are substantially less than the district's general liability limits. than the district's general liability limits. general liability limits. Training consistent with Peace Officer Training consistent with POST is Training less than POST or BSIS and Training and Certification Standards and Training (POST), or the Bureau of Security and Investigative Service (BSIS). A psychological required for sworn officers, but BSIS is not required for others. A psychological examination is not required. absence of psychological examination. examination is required for those who seek approval to carry. Written procedures detail the Written procedures detail the There are no written procedures detailing expectations and response of those expectations and response of those the expectations and response of those individuals who carry firearms and the individuals who carry firearms and the who carry firearms on campus. conditions under which use is warranted. conditions under which use is warranted. Emergency Procedures Procedures account for those who carry voluntarily and those who carry within Expectations are clearly understood and communicated to local law enforcement the course of employment. Expectations as to the presence of firearms on campus. are clearly understood and Procedures do not include protocols for communicated to local law enforcement those who carry voluntarily. with regard to the presence of firearms on campus. Board policy is clear and consistent Board policy is vague, and there is no There is no board policy or regarding guns on campus regardless of administrative regulation, or it does not administrative regulation regarding the whether the policy is BanGuns, address all elements of the district's gun presence or use of guns by employees. Board Policy MoreGuns, or SomeGuns. If guns are approved, there is a detailed policy, including elements related to employee discipline for policy violations. administrative regulation, which outlines the provisions of approved carry (including all the elements above). This information is taken from the thesis, Armed to Learn: Aiming at California K-12 School Gun Policy. It can be viewed at catherine.jones@bakersfieldcollege.edu - 2

13 Decision Framework for Determining Concealed Weapons Policy in California K-12 Schools Is the district prepared to incur liability for the presence of guns on campus?. Do not proceed. Avoid risk. Is the presence of guns on campus socially and culturally acceptable?. Do not proceed. Avoid risk. Is the reason for the weapon job related do the job duties require the use of a gun? Does the district s insurance policy provide appropriate levels of coverage for the use and presence of firearms? Is insurance (without firearms exclusions) and indemnification available at a cost not borne by the district?. Transfer risk. Do district emergency management and student intervention policies reflect the potential use of weapons and prescribe authorized use?. Mitigate risk. Are circumstances for authorized use such as storage and type of ammunition identified and documented?. Transfer risk. Is it confirmed and documented that the use of the weapon is not associated with job duties?. Grant approval. Transfer risk.. Decline approval. Avoid risk.. Decline approval. Avoid risk.. Mitigate risk. Does the district have policy in place to require psychological exams for those desiring to carry a weapon?. Mitigate risk. Does the district follow a training and certification program it believes is sufficient to provide the skills to engage in an active shooter scenario?. Proceed. Risk adequately managed. All of the above elements should be affirmatively addressed prior to granting permission to an individual to carry a concealed weapon at school, or as part of the decision to add armed school staff to the district s safety plan. This criterion is also applicable to the decision to add district police officers. catherine.jones@bakersfieldcollege.edu - 3