We don’t think this bill will become law in its current form, but it’s a bad bill, and we think our audience should know about it and contact committee members to urge them to vote against it. Here is some background from KASB.
KASB and the United School Administrators of Kansas oppose HB 2789, which promotes the carrying of concealed handguns in classrooms and could override local decision-making.
A hearing on the bill is scheduled for 8 a.m. Tuesday before the House Insurance Committee.
Here is a link to testimony by KASB and USA-Kansas. https://kasb.org/wp-content/uploads/2018/03/HB2789T.pdf
KASB and USA-Kansas support current state policy, which allows local school boards, based on local circumstances and input from local citizens, to decide whether to authorize employees to carry concealed handguns.
But a portion of HB 2789 says school districts can be found negligent in a lawsuit if the district did not authorize school employees, other than security officers, to carry concealed handguns.
In testimony that will be presented to the committee, KASB and USA state: “This section appears to create pressure to override that local decision-making authority by creating additional liability if boards do NOT allow concealed carry by employees.”
Additionally, KASB and USA state: ” … we do not believe the state knows individual district needs and values better than the local board members elected by the community and the educators working in those communities.”
The bill also would:
Require the Kansas State Board of Education to adopt statewide standards to make all schools safe and secure and notify school districts on or before Jan. 1, 2019.
Require the SBOE to develop and adopt standards for school safety and security plans to be adopted by each school district in consultation with the Adjutant General, Kansas Bureau of Investigation, Kansas Department of Health and Environment and any other state agency and shall include evaluation of infrastructure, training district employees, making notifications during emergency situations, securing buildings during emergency, procedures for evacuation, recovery after an emergency, distribution of school safety and security plans to local law enforcement, accountability for adopting and implementing school safety plans.
Require schools to adopt a comprehensive school safety and security plan based on statewide standards and identify the roles and responsibilities of local law enforcement and local emergency management agencies for implementing the plan
Provide that any law enforcement agency or officer shall not be liable for any personal injury or property damage resulting in any act or omission committed pursuant to sections 1, 2, or 3 dealing with school security plans and procedures.
Include new Sec. 5, which allows the board of education to authorize any employee who has a license to carry a concealed handgun and who desires to obtain a license with a SAFER schools endorsement to carry a concealed handgun in any building. This list is to be considered confidential, however it does state that the board has to authorize the person to carry such and it would appear this would have to be done in open session even though the language states the board can adopt policies and procedures to maintain confidentiality of the names of employees who conceal carry.
Include new Section 6, which provides that no insurance company shall “charge unfair discriminatory premiums, policy fees or rates for, or refuse to provide liability insurance or policy containing liability coverage for any unified school district solely because such school district authorizes employees of the district to carry concealed handguns on the premises of schools and attendance centers operated by such school district, unless the rate differential, or refusal to provide, is based on sound actuarial principals or is related to actual or reasonably anticipated experience.” This language does not provide much relief as insurance carriers set rates based on risk and the risk of someone who has limited training and experience with concealed carry is generally greater than those trained law enforcement officers.
Provide in Sec. 7 that the local board of education can provide firearm safety programs based on SBOE guidelines based on Eddie the Eagle Gunsafe program or any successor program.
The above changes are to be cited as the Kansas staff as first emergency responders (SAFER) act.
Amend the Kansas Open Records to exempt the school safety plans and standards adopted by the SBOE plus the records regarding school district employees designated as SAFER schools team members who are authorized to carry concealed handguns from the Kansas Open Records law.
Amend the Kansas Open Meetings law to allow boards to go into executive session to authorize employees to carry concealed handguns.
https://kasb.org/0326-2/…
Originally posted to Facebook on 3/26/2018.