Can a school override or give exceptions to the no-CC law?

[Ruark]

My wife teaches some evening classes in a local school building. The building is owned and operated by the local school district, and during the daytime has come alternative education classes for some local middle and high school students, as well as some adult ed classes (GED, ESL, etc.). So obviously, it's illegal to carry there.

Sometimes at night, however, she is COMPLETELY alone in that building, with just 3 or 4 young female students. They lock the front door, but it's still pretty vulnerable. The program director just put up 06 and 07 signs, which of course aren't necessary.

I usually go in soon after dark to pick her up, sometimes as late as 10pm. It makes me nervous; it's VERY dark all around the building, and its surrounded on two sides by thick urban forest.

Can the program director give me permission to CC when I pick her up? Seems like I've read of some school principals getting permission to keep firearms in their offices, or something similar. But I don't recall seeing anything in the code about schools being able to override the prohibition.

[Pawpaw]

(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless:
(A) pursuant to written regulations or written authorization of the institution;

I would take "institution" to mean the school district.

[Idratherbecamping]

It would probably take permission from the superintendent or school board to CC into a school building, which is not likely to happen. Seems like you can remain in your vehicle in the parking lot and CC.

Some schools have School Marshall programs with armed trained CHL personnel and others have gun safes placed around the building.

Take care!

[CaptKirk]

My wife teaches some evening classes in a local school building. The building is owned and operated by the local school district, and during the daytime has come alternative education classes for some local middle and high school students, as well as some adult ed classes (GED, ESL, etc.). So obviously, it's illegal to carry there.

Sometimes at night, however, she is COMPLETELY alone in that building, with just 3 or 4 young female students. They lock the front door, but it's still pretty vulnerable. The program director just put up 06 and 07 signs, which of course aren't necessary.

I usually go in soon after dark to pick her up, sometimes as late as 10pm. It makes me nervous; it's VERY dark all around the building, and its surrounded on two sides by thick urban forest.

Can the program director give me permission to CC when I pick her up? Seems like I've read of some school principals getting permission to keep firearms in their offices, or something similar. But I don't recall seeing anything in the code about schools being able to override the prohibition.

My CHL instructor informed the teacher in my class that she just had to speak to the principle and that it was up to him because he was the governing body of the school or something along those lines. I wasn't really paying too much attention to his answer but long story short I do remember him specifically saying that it was up to the principle.

[Lynyrd]

There are several schools in Texas that have adopted rules that allow teachers to be armed. I would think that the school board would have to vote and approve the policy.

http://www.wfaa.com/story/news/2015/12/ ... /77325400/

[ttownsig]

A school district can override the law and allow certain teachers to conceal carry but it has to be approved by the school board. Using Argyle for an example, they have certain teachers who are able to carry on campus during school hours and school events but the gun must be concealed at all times. The only people who know who is carrying are the board members and the superintendent and each person who carries must be given board approval in writing which is kept in a locked area. Anyway this is my understanding of the situation but I am an educator and not a lawyer so if anyone has more information you might want to check with them.

[chuck j]

If memory serves me correctly the school at Harrold tx was the first to implement a teacher carry plan back in the 90's .

http://www.harroldisd.net/vimages/share ... CAL%29.pdf

[Idratherbecamping]

My wife teaches some evening classes in a local school building. The building is owned and operated by the local school district, and during the daytime has come alternative education classes for some local middle and high school students, as well as some adult ed classes (GED, ESL, etc.). So obviously, it's illegal to carry there.

Sometimes at night, however, she is COMPLETELY alone in that building, with just 3 or 4 young female students. They lock the front door, but it's still pretty vulnerable. The program director just put up 06 and 07 signs, which of course aren't necessary.

My CHL instructor informed the teacher in my class that she just had to speak to the principle and that it was up to him because he was the governing body of the school or something along those lines. I wasn't really paying too much attention to his answer but long story short I do remember him specifically saying that it was up to the principle.

School board or superintendent could grant the authority...good luck with that!

[NTexCopRetired]

Individuals can be authorized by the School Board under the authority of Sub chapter H, Chapter 411, Government Code, to lawfully carry a weapon on school premises under whatever regulations the Board chooses to put in place. The individual, according to AG opinion GA-1051 - April, 2014, would then be carrying under Chapter 411 GC and not under the CHL statute, and not be subject to the CHL statutes.

[n5wd]

For what it's worth, after I explained the situation to my principal, he signed a letter I provided to him, that authorized me and the coach of our clay targets team to bring in a specified number of shotguns into the school for use in a gun safety course provided to each member of our clay targets team. It was his position that, as principal, he had the authority, under the school district's rules, to permit bringing in the guns, and that it didn't need to be authorized by either the board, or the superintendent. Your school principal may decide otherwise.

Good luck!

[The Wall]

Seems to me if they don't allow you or your wife to carry they should have a armed security guard on duty at a single entrance whenever school is in session. Especially at night. Doesn't sound like a safe environment to me.

[Idratherbecamping]

For what it's worth, after I explained the situation to my principal, he signed a letter I provided to him, that authorized me and the coach of our clay targets team to bring in a specified number of shotguns into the school for use in a gun safety course provided to each member of our clay targets team. It was his position that, as principal, he had the authority, under the school district's rules, to permit bringing in the guns, and that it didn't need to be authorized by either the board, or the superintendent. Your school principal may decide otherwise.

Good luck!

Yes, Hunter Education Courses are approved electives that only require the campus principal's permission.

"HUNTER EDUCATION Policy EHAD
Hunter education instructors shall be permitted to bring unloaded firearms onto school premises for instructional purposes upon strict compliance with the following procedures:
1. The instructor shall obtain written authorization from the cam-pus principal listing each time a firearm will be brought onto school premises. This authorization shall include both the instructor’s and the principal’s names and signatures; specify the number, types, and serial numbers of firearms to be used for instructional aides; and indicate when the firearms may be used and when they must be removed from campus.
2. The instructor shall carry the authorization when firearms are on school premises.
3. A copy of each authorization shall be maintained on file in the campus administrative office.
4. The instructor shall ensure that no live ammunition is brought onto school premises.
NOTIFICATION
The principal shall notify local law enforcement officials when a hunter education program is offered at the campus and that instructors are authorized to be in possession of unloaded firearms on school premises."

That is not the same as possessing a loaded firearm in a school building when you pick up your spouse after she is through teaching night class.

[Idratherbecamping]

Individuals can be authorized by the School Board under the authority of Sub chapter H, Chapter 411, Government Code, to lawfully carry a weapon on school premises under whatever regulations the Board chooses to put in place. The individual, according to AG opinion GA-1051 - April, 2014, would then be carrying under Chapter 411 GC and not under the CHL statute, and not be subject to the CHL statutes.