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apostate wrote:I don't see any distinction between employees and others in the part of 46.03 concerning schools. What am I missing?

As I wrote earlier, I don't believe it matters if the student teacher is an employee, contractor or volunteer with respect to the elementary school. SAISD is a school district and therefore SB 321 does not apply to SAISD. (Is it wrong that I keep wanting to type that as NSAID?)

the distinction is that an employee is subject to the district policies which prevent having firearms in your car on school grounds(that includes parking lots, buildings, etc.). I, however, not being an employee of the district am not subject to those policies. Therefore, according to 46.03 I can legally drive into that same parking lot with a gun in my car, whereas an employee of the district can not. This is because prior to the parking lot bill, your employer could prohibit you from having firearms anywhere on their property including parking lots.

But now that the parking lot bill has passed employees can no longer stop you from having firearms in your car, EXCEPT that this bill doesn't apply to certain situations, one of which is a school district. Therefore a district employee is not covered by the parking lot bill and is still subject to the "no firearms in the car" policy.

So, the question remains, is he or is he not considered an employee of the district. If he is, he can't have the gun in his car. If he isn't, he can.

Btw, this is all paraphrase, but if you look at the legal jargin in the penal code and SB321 you can find all the proper wording.

Bulldog1911 wrote:the distinction is that an employee is subject to the district policies which prevent having firearms in your car on school grounds(that includes parking lots, buildings, etc.). I, however, not being an employee of the district am not subject to those policies.

A local high school has a policy that visitors have to register before walking around the school. I'm not an employee of the district. Does that mean I'm not subject to that policy?

The deal is you can have it in the parking lot unless the local school district has a policy against this. You are condsidered an employee as your college submitted paper work for you to that school district and the school district agreed to allow you on the grounds for training. Think of it as being a sub.

¿Qué? wrote:

Bulldog1911 wrote:the distinction is that an employee is subject to the district policies which prevent having firearms in your car on school grounds(that includes parking lots, buildings, etc.). I, however, not being an employee of the district am not subject to those policies.

A local high school has a policy that visitors have to register before walking around the school. I'm not an employee of the district. Does that mean I'm not subject to that policy?

No, it doesn't. There was a law passed, I believe four years ago, that requires school districts to fingerprint and run criminal history checks on all employees. Employees with criminal histories were often let go. I'm not sure what the cutoff was, but I know of one person who had a Class A misdemeanor that was let go from a local (not my) district.

The same law mandated that any visitors that had regular access to a campus (volunteers, vendors, guest speakers, college professors who taught college class at the high schools, etc.) also had to have a criminal history background run (the couple that worked with me doing a rocketry program had to fill out a permission slip for the history with all the pertinent stuff). Most districts now have a system where a visitor presents their driver's license or state ID card, and it's run through a computer system that checks for pertinent disqualifiers (criminal history, sex offender history, etc.) and supposedly, those folks don't get visitor's passes, and don't get into the school. That's what the registration is all about..

PC46.03 states what constitutes the premises of a school - as I understand it if you're a CHL visitor to a school, you're OK if the parking lot is not posted with PC30.06 signage. The employee, on the other hand, has to worry about keeping their job, if their districts prohibit employees from having weapons in their vehicle, something they CAN do but not every district DOES do. Mine, for example, follows almost exactly the wordage of PC46.03 in describing places where guns are not allowed, and makes no provisions for a difference between CHL and non-CHL employees.

Of course, if you're not a CHL or a law enforcement officer, and you bring a gun into the parking lot, then you've got the federal laws to worry about, if you get caught.

stdrbs14 wrote:The deal is you can have it in the parking lot unless the local school district has a policy against this. You are condsidered an employee as your college submitted paper work for you to that school district and the school district agreed to allow you on the grounds for training. Think of it as being a sub.

I disagree with that characterization. Subs are employees of the district, and must be fingerprinted and have a criminal history background check done.
At our district the student-teachers are specifically not employees, they can not be asked to do duties that are expected of licensed personnel (such as administer the statewide standardized testing) and are not subject to district disciplinary actions, but can be barred from the district property if they do something awfully wrong, as well as criminally prosecuted if appropriate. If it's a minor problem, the supervisory teacher or administrator will notify the student teacher's mentor at the university that placement at the school is being withdrawn or modified, depending on the circumstances. Or, let them know that a situation has arisen, and such action as yaddah yaddaa being recommended, but it's up to the university to discipline or provide additional training for the student teacher.

And though I didn't have to student-teach to get my teaching license (I went a different route allowing professionals with licesnes in other professions to gain teaching licenses through certification by taking some upper-level college courses), IIRC, I believe I read somewhere that in order to be counted as student-teaching, the student teacher can not be compensated for their experiences in the classroom.

Concealed means concealed.

n5wd wrote:

¿Qué? wrote:

Bulldog1911 wrote:the distinction is that an employee is subject to the district policies which prevent having firearms in your car on school grounds(that includes parking lots, buildings, etc.). I, however, not being an employee of the district am not subject to those policies.

A local high school has a policy that visitors have to register before walking around the school. I'm not an employee of the district. Does that mean I'm not subject to that policy?

No, it doesn't. There was a law passed, I believe four years ago, that requires school districts to fingerprint and run criminal history checks on all employees. Employees with criminal histories were often let go. I'm not sure what the cutoff was, but I know of one person who had a Class A misdemeanor that was let go from a local (not my) district.

The same law mandated that any visitors that had regular access to a campus (volunteers, vendors, guest speakers, college professors who taught college class at the high schools, etc.) also had to have a criminal history background run (the couple that worked with me doing a rocketry program had to fill out a permission slip for the history with all the pertinent stuff). Most districts now have a system where a visitor presents their driver's license or state ID card, and it's run through a computer system that checks for pertinent disqualifiers (criminal history, sex offender history, etc.) and supposedly, those folks don't get visitor's passes, and don't get into the school. That's what the registration is all about..

PC46.03 states what constitutes the premises of a school - as I understand it if you're a CHL visitor to a school, you're OK if the parking lot is not posted with PC30.06 signage. The employee, on the other hand, has to worry about keeping their job, if their districts prohibit employees from having weapons in their vehicle, something they CAN do but not every district DOES do. Mine, for example, follows almost exactly the wordage of PC46.03 in describing places where guns are not allowed, and makes no provisions for a difference between CHL and non-CHL employees.

Of course, if you're not a CHL or a law enforcement officer, and you bring a gun into the parking lot, then you've got the federal laws to worry about, if you get caught.

30.06 does not apply to public schools as they are a government entity in the fact that they receive state funding from taxes (TPC 30.06(e). The only prohibitations for CHL'ers at schools are those in Texas PC 46.035. For all others, the Frderal Gun Free School Zone is the restriction.

Bulldog1911 wrote:the distinction is that an employee is subject to the district policies which prevent having firearms in your car on school grounds(that includes parking lots, buildings, etc.).

Volunteers, contractors, vendors/suppliers and other non-employees may also be subject to district policies. As with employees, the district can terminate the relationship if its policies are not followed.

Bulldog1911 wrote:So, the question remains, is he or is he not considered an employee of the district. If he is, he can't have the gun in his car. If he isn't, he can.

You keep saying that, but you still haven't cited any laws to support that.

Just park in the nearest public parking lot and walk to the school. Problem solved :p

I have a question similar to this one. In my town there is a track and field area several blocks away from the university campus. It is owned by the university, but it's not a building. I regularly go jogging there late at night when I get off work. I currently carry my CCW because ALOT of people have gotten mugged and raped at this field. Am I doing this legally or should I switch to pepper spray?

I dunno, but I might not test the waters, late at night, at a track where, "ALOT of people have gotten mugged and raped...".

Just saying...

RJ

It's the only track in town. And the only place that's very well lit. These incidents occurred a few years ago before the put up the big stadium lights to illuminate the field. The whole town is pretty poorly lit as far as street lights go. The track is about the only place that's lit up. I usually bring my dog with me too.

40khammer wrote:Just park in the nearest public parking lot and walk to the school. Problem solved :p

I have a question similar to this one. In my town there is a track and field area several blocks away from the university campus. It is owned by the university, but it's not a building. I regularly go jogging there late at night when I get off work. I currently carry my CCW because ALOT of people have gotten mugged and raped at this field. Am I doing this legally or should I switch to pepper spray?

As long as there isn't a "school event" taking place, then you're fine. Now, if there were a game or track meet underway, you couldn't carry.

¿Qué? wrote:

Bulldog1911 wrote:the distinction is that an employee is subject to the district policies which prevent having firearms in your car on school grounds(that includes parking lots, buildings, etc.). I, however, not being an employee of the district am not subject to those policies.

A local high school has a policy that visitors have to register before walking around the school. I'm not an employee of the district. Does that mean I'm not subject to that policy?

Depends...Inside or out. I can walk around the outside of a school all I want to. If I go inside, yes they can make me register or whatever(and I agree with this policy as I do not want random crazies having free reign in my kid's schools). That's not to say that walking around the outside of a school would not attract suspicion from the local PD. :)

The question was the policy of having no guns on district grounds. An employee is subject to that policy whereas a non-employee is not. For instance: suppose your company has a policy against firearms, yet they are not 30.06 posted. I come to visit you at your office. I can have my gun on my hip while I'm there as I'm not subject to your companies policies. No it's not fair, but that's the way it is.

apostate wrote:

Bulldog1911 wrote:So, the question remains, is he or is he not considered an employee of the district. If he is, he can't have the gun in his car. If he isn't, he can.

You keep saying that, but you still haven't cited any laws to support that.

I guess I'm confused as to what you are asking for. Maybe you can clarify?

Bulldog1911 wrote:

40khammer wrote:Just park in the nearest public parking lot and walk to the school. Problem solved :p

I have a question similar to this one. In my town there is a track and field area several blocks away from the university campus. It is owned by the university, but it's not a building. I regularly go jogging there late at night when I get off work. I currently carry my CCW because ALOT of people have gotten mugged and raped at this field. Am I doing this legally or should I switch to pepper spray?

As long as there isn't a "school event" taking place, then you're fine. Now, if there were a game or track meet underway, you couldn't carry.

That's what I thought. I doubt they'll be holding track meets at midnight anyway.