Series C - GENERAL SCHOOL ADMINISTRATION » CKA SCHOOL SAFETY AND SECURITY RULE; FIREARMS: PERSONNEL AUTHORIZED TO CARRY

CKA SCHOOL SAFETY AND SECURITY RULE; FIREARMS: PERSONNEL AUTHORIZED TO CARRY

SCHOOL SAFETY AND SECURITY RULE

FIREARMS: PERSONNEL AUTHORIZED TO CARRY

 

Pursuant to W.S. 21-3-132, the Board of Trustees of Uinta County School District Number One hereby authorizes employees to carry firearms on or in property or facilities owned or leased by Uinta County School District Number One, subject to the terms, conditions and limitations prescribed by state and federal law, this rule, and such other rules and regulations adopted by the Board of Trustees. This rule shall only apply to persons who are employees, as defined in subsection (b) of W.S. § 21-3-132 and the definition of “employee” as defined in the definitions section of this rule. The attachments to Rule CKA: CKA-R1: School Safety and Security Application; CKA-R2 - Permitted Firearms/Holsters for School Concealed Carry; CKA-R3 – Permitted Ammunition for School Concealed Carry; and CKA-R4 – Training collectively constitute part of Rule CKA and are hereby incorporated herein by reference.  

DEFINITIONS:

“Board” shall mean the Board of Trustees of Uinta County School District Number One. “District Administration” shall mean the building principal or the department director. “Employee” shall mean: 

Employees employed by Uinta County School District Number One, including, but not limited to, superintendents, assistant superintendents, principals, assistant principals, teachers, guidance counselors, librarians, teacher’s aids, coaches, business managers, secretaries or administrative assistants, janitors, bus drivers or other employees of a school  

district. The review, consideration, or approval of an application by an employee to carry a firearm shall in no way be construed to alter the at-will status of any employee.

“Firearm” shall, for purposes of this rule, mean any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive. 

“District” shall mean Uinta County School District Number One (UCSD #1).

“District property” shall mean all real property, buildings, facilities, and structures owned or leased by Uinta County School District Number One and shall also include vehicles owned or leased by the district.

 

APPLICATION AND REQUIREMENTS

Employees of the District who wish to carry a firearm on District property shall submit an application (CKA-R1: School Safety and Security Application) to the Superintendent.  The application shall be signed by the employee. The Board, in its sole and absolute discretion, may approve, deny, or approve with conditions such application, for any reason, based on the Board’s determination of what is in the best interests of the district. The Board may limit the number of persons who carry firearms within the district or within a school without limitation.

Any person employed by the district who wishes to carry a firearm on District property shall satisfy the following requirements:

    1. Employee must be employed by the district for five (5) continuous years.
    2.      If an employee has been employed by the district for less than five (5) continuous years with the district, the employee may submit a written request to the Board to consider waiving the requirement that the employee be employed by the district for five (5) continuous years. The Board, after considering the written request for waiver, may, at its discretion, waive the requirement of five (5) years of continuous employment if the Board determines such a waiver will be in the best interest of the security plan and safety of the district. Every request for waiver under this section shall be considered on its own merits. The decision to waive this requirement by the Board for one applicant shall not bind the Board to waive this requirement for other applicants or be considered a waiver of this requirement or any other requirement contained herein for other applicants.
    3.      Employee must be in good standing and shall not currently be on nor have been on any plan of improvement within the past five years.
    4.      W.S. 21-3-132(a) allows the possession of firearms by employees possessing a valid concealed carry permit under W.S. 6-8-104 on or in any property or facility owned or leased by the district. Employees of the District must hold a valid concealed carry permit issued under W.S. 6-8-104 to carry a concealed firearm on or into the school facilities of the district. A copy of said permit will be attached to the application, and the employee must submit all renewals of his/her permit while the employee is authorized to carry a firearm on district property.
    5.       If the Superintendent determines the employee meets the requirements set forth in paragraphs a-d of this rule, the employee shall fulfill all the training requirements set forth in this rule (CKA) and rule (CKA-R4) including the following:
      1.      The Superintendent and local law enforcement must approve all firearm training programs, including curricula and trainer qualifications, that employees may complete to satisfy the requirements of this rule and rule CKA-R4.
      2.      Prior to carrying a firearm on district property, the employee shall successfully complete an initial course of training consisting of not less than 16 hours of live fire handgun training, and eight (8) hours of scenario-based training using nonlethal training, firearms, and ammunition. See CKA-R4 Training
      3.      Employees approved by the Board to conceal carry on District property must complete District and law enforcement approved recurrent training on an annual basis. The annual training shall consist of no less than 12 hours of handgun training with live fire and scenario-based training that is approved by local law enforcement and meets the course training requirements identified in CKA-R4. Documentation of successful completion of the annual training course must be provided to the Superintendent before the start of school each year.
      4.      In addition to, or as part of the training requirements above, the employee shall participate in training specifically designed to address active shooter situations, hostage situations, and situations with armed students who present a threat to themselves or others. See CKA-R4 Training
    6.      If the Superintendent determines the employee meets the requirements to conceal carry on District property contained in paragraphs a-d and the employee has successfully completed the training requirements set forth in paragraph e, the employee shall submit to a psychological suitability exam by a provider pre-approved by the Board of Trustees. The results of the psychological suitability exam shall be submitted by the provider to the district before an application will be approved. Employee shall authorize the Superintendent and Board to have access to all records and identifiable information related to all psychological exams employee will undergo for this application process and the District conceal carry program. If the psychological suitability exam indicates the employee does possess the mental abilities and attributes to safely conceal carry on District property, the employee’s application will proceed to the next step of the application process. If the psychological suitability exam indicates that employee does not possess the mental abilities and attributes to safely conceal carry on District property, the employee’s application to conceal carry will be denied. Since the District is not a health plan or healthcare provider, employee’s information may no longer be protected from further disclosure under HIPPA but will be protected as confidential information by State or Federal law.
    7.      Employee shall authorize the Superintendent and the Board to have access to all records and identifiable information in employee’s criminal history and all records and identifiable information related to any training assessments employee receives as a concealed carrier with the district.
    8.      The District shall be responsible for all expenses related to the psychological suitability exam, the concealed biometric container or lock box, and training with its associated costs. The employee shall be responsible for all other expenses including, but not limited to firearms, ammunition, holster, and all costs incurred to satisfy the requirements of this rule and state and federal laws.
    9.      Each employee who is approved by the Board to conceal carry a firearm on District property shall keep and maintain the firearm on his or her person at all times, or in a concealed, locked, biometric container or lock box within the direct control of the assigned employee at all times.
    10.      If an employee is approved to carry a firearm on District property in accordance with this rule, the employee’s position in the district will be classified as a “safety sensitive position” as set forth in District policy GBCD/EEBE Alcohol and Controlled Substances Testing Policy. This will subject the employee to random drug and alcohol testing for safety sensitive positions in accordance with GBCD/EEBE.
    11.      In the event the employee is not able to conceal carry due to a medical or personal reason, the employee shall notify District administration as soon as possible. If the employee is prescribed any prescription drug by a physician that would impair the employee’s ability to carry, he or she shall notify District administration as soon as possible.
    12.      An employee who is approved to carry a firearm shall only carry a firearm on District property. The employee shall have no authority to carry such firearm on District business or activities away from or off District property.
    13. If an employee authorized to conceal carry under this rule is charged with a criminal act of any kind except a minor traffic violation, the employee shall immediately disclose information relating to the charge to the Superintendent.

USE OF FIREARMS

An employee who receives approval by the Board to carry a firearm pursuant to this rule shall only fire his or her firearm if he or she reasonably perceives that his or her life, or the life or lives of others, are in imminent risk of death or serious bodily injury.

In the event a firearm is fired for any reason, the employee will immediately be placed on paid administrative leave pending an investigation of the incident and be drug tested according to policy GBCD/EEBE. In addition, the district shall require the employee to undergo a post-incident psychological suitability exam and shall require the employee to follow any recommendations as a result of the exam. The district shall be responsible for the cost of this exam.

An employee who receives approval by the Board to carry a firearm pursuant to this rule, and fires that firearm because they reasonably perceived their life, or the life or lives of others, were at imminent risk of death or serious bodily injury would be protected by the district from financial loss due to, but not limited to, injuries received or negligence suits or claims. (Policy EIB - Liability Insurance).

REVOCATION / SUSPENSION OF BOARD APPROVAL TO CARRY FIREARM 

Any employee who is approved by the Board to conceal carry a firearm on District property is subject to having said privilege suspended or revoked by the Superintendent at any time for any reason. If said privilege is suspended or revoked by the Superintendent, the Superintendent will immediately notify the Board, District administration, and law enforcement of this suspension or revocation. A decision to revoke or suspend said privilege by the Superintendent must be ratified by a majority vote of the Board at the next scheduled Board Meeting. If the Board does not ratify the Superintendent’s decision, the employee’s privilege to conceal carry on District property will no longer be suspended or revoked. There shall be no right to a hearing, appeal or other recourse following such decision.

WITHDRAWAL OF PRIVILEGE

If an employee approved to conceal carry on District property decides to withdraw his/her approval to conceal carry, that withdrawal must be submitted in writing to the Superintendent. Once a written withdrawal is accepted by the Superintendent, forfeiture is immediate, and the employee shall no longer be permitted to conceal carry on District property. The Superintendent will notify the Board, District administration, and law enforcement.

FIREARMS AND AMMUNITION

The employee shall advise the Board of the make, model, caliber, serial number, and such other information the Board may request about the firearm the employee wishes to carry. The Board reserves the right to approve or deny the firearm which the employee wishes to carry. See CKA-R2 - Permitted Firearms/Holsters for School Concealed Carry and CKA-R3 – Permitted Ammunition for School Concealed Carry

NOTICE OF APPROVAL

After the Board approves an application for an employee to carry a firearm on District property, the Superintendent shall notify:

  1.      The parents and guardians of students attending school in the district of the ability of employees to carry firearms and the rules and regulations governing possession and potential use of the firearms.
  2.      The Uinta County Sheriff’s Department and Evanston Police Department of the location and names of employees who receive permission from the Board to carry firearms on District property.
  3.      District Administration of the location and names of employees who receive permission from the Board to carry firearms on District property.

CONFIDENTIALITY

The superintendent of the district shall notify all law enforcement agencies with jurisdiction over the area (Uinta County Sheriff’s Office and Evanston Police Department) of the location and names of all employees who receive permission to carry firearms from the Board. The identities of the employees who receive permission to carry firearms from the Board shall be confidential and are not public records for purposes of W.S. 16-4-201 through 16-4-205. Employees shall not at any time (whether  during or after the process of applying to conceal carry on District property and  irrespective of whether an employee’s application to conceal carry on District property is  approved or rejected) retain, use, disclose, divulge, reveal, communicate, share,  transfer or provide to any third party not connected to the District’s concealed carry  program any information or data concerning the concealed carry program that may  permit the personal identification of employees who receive permission to carry firearms  from the Board without the prior written authorization of the Board. Such information and data will be destroyed when no longer needed for the purpose for which it is conducted. 

COMPLIANCE

Any employee approved to carry a concealed weapon on District property SHALL comply with all provisions of District rules, state law and federal law regulating concealed carry and the legal use of a firearm. Any employee who fails to comply with any provision of this rule will be subject to disciplinary action, up to and including termination. 

Any person who is approved to carry a firearm pursuant to this rule shall be responsible for complying with all District policies, state laws, and federal laws.

LIMITATIONS OF THIS RULE

Nothing in this rule shall be construed to permit, allow or in any way authorize any person to carry a firearm or other weapon, concealed or otherwise, in violation of District policies; this rule; local, state, and federal law.

Nothing in this rule shall authorize a student of the district, parent, visitor, or unauthorized staff member to carry a firearm, concealed or otherwise, on or into District property.

Nothing in this rule shall authorize District employees to carry a firearm, concealed or otherwise, on or into District property without strict compliance with all applicable District policies, Rule CKA and attachments, the express approval of the Board and notification of parties as required by this rule and Wyo. Stat. Ann. §21-3-132.

Approval for an employee to carry a firearm pursuant to this rule shall not convey any property right, or any continuing right to carry a firearm. Approval to carry a firearm shall not be construed to imply any continuing contract status, or any employment contract rights.

Adopted: 1/11/2022