In 2013, the Texas Legislatures passed legislation allowing for school district employees to carry handguns on campus. The two plans are the School Marshal Plan and the Guardian Plan or School Safety Training.

The School Safety Training / Guardian Plan

The Guardian Plan allows school districts to adopt a local policy that allows educators to carry firearms on school premises. State and federal law allow for school districts to provide written permission for anyone to carry firearms on school campuses. 18 U.S.C. § 922(q)(2)(B)(v); Tex. Penal Code 46.03(a)(1). School districts have wide latitude to create local policies related to handguns on campus, however, there are liability issues that arise when a local policy is created.

There are several considerations when a school district is reviewing and deciding to allow firearms on campus. Below is a small, non-exhaustive list of questions a school district should ask when creating a local policy:

  • How will the firearms be stored?
  • Will law enforcement be made aware of the presence of weapons on campus?
  • How will the school district’s community react?
  • What training will be required of the employees?
  • Who will provide the weapon and safe?
  • When will the weapon need to be stored?
  • When will the firearm be allowed to be used?
  • Will a psychological exam be required?
  • What licensing requirements will the District require?
  • How will the District determine which employees and how many employees may carry?

School Marshal Plan

The purpose of the School Marshal Plan, passed as part of the Protection of Texas Children Act, is to allow educators to become a new subset of law enforcement officers called school marshals. Section 37.0811 of the Texas Education Code allows for the appointment of one designated school marshal per 2011 students in average daily attendance per campus or for each campus.

The board of trustees must appoint the school marshal(s).  Further, in order to be a designated school marshal, the individual is required to have 80 hours of training by a Texas Commission on Law Enforcement (“TCOLE”) instructor, undergo a psychological exam, and have the proper licensing and certification. A school marshal may carry or possess a handgun on the physical premises of a specific school and in accordance with the written regulations of the board of the board of trustees.

However, if the individual is in regular, direct contact with students, then the handgun must be in a locked, secured safe on the physical premises of the school within the marshal’s immediate reach.  A school marshal may only access a handgun under circumstances that would justify the use of deadly force for the safety and protection of others as provided by law. The handgun within immediate reach of a school marshal may be loaded with “frangible duty ammunition” approved by TCOLE.

The identity of a school marshal appointed under the section is confidential and is not subject to a Public Information Act request. Upon receipt of written inquiry regarding the presence of a school marshal, the District must simply respond indicating whether any employee of the school is currently appointed a school marshal, not the identity of the individual(s) designated.

While the debate related to firearms within the school environment, several school districts throughout the state already have a plan and policy that allows weapons to be carried on campus. We strongly recommend all school districts review the policies and procedures with their legal counsel, involve law enforcement, and engage key stakeholders when reviewing or adopting a policy allowing firearms on the campus physical premises.

Prepared by the offices of Richard Abernathy, this article should not be construed as legal advice related to any specific facts or circumstances. Although this article covers legal subjects, it is intended to educate readers and not to provide advice that will be the basis for action or inaction in any specific circumstance. Viewing these materials does not create an attorney-client relationship between Abernathy, Roeder, Boyd & Hullett, P.C. and the reader or the reader’s institution. For circumstance-specific legal advice, please directly contact a licensed attorney.