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Is this a school?

Posted: Fri Nov 13, 2009 12:09 pm
by Frost
Well this is the first location I have come across that I wasn't sure about. Training academy sure sounds like a school to me though.

http://www.mocosheriff.com/dyncat.cfm?catid=1835

Re: Is this a school?

Posted: Fri Nov 13, 2009 12:20 pm
by joe817
Frost wrote:Well this is the first location I have come across that I wasn't sure about. Training academy sure sounds like a school to me though.

http://www.mocosheriff.com/dyncat.cfm?catid=1835
I don't think this could be considered a "school" per se, as it does not offer any curriculum other than training courses specializing in law enforcement classes only. I've never heard of any law enforcement academy referred to as a school.

Just my opinion.

Re: Is this a school?

Posted: Fri Nov 13, 2009 12:22 pm
by dicion
My opinion is also No, but I also have absolutely nothing to support it :thumbs2: :smilelol5:

Re: Is this a school?

Posted: Fri Nov 13, 2009 12:34 pm
by seamusTX
Interesting question.

I think the legislative intent of including schools in PC 46.03 was to keep firearms out of primary and secondary schools attended by children, and colleges, which historically were attended by older teenagers and people under the age of about 25. Legislators and bureaucrats seem to think that these groups must be kept safe in zones "free" of weapons, alcohol, and drugs (including Midol, in some cases). :grumble

It makes absolutely no sense to prohibit a person with a CHL from carrying a firearm in a place that is full of cops.

- Jim

Re: Is this a school?

Posted: Fri Nov 13, 2009 6:47 pm
by Frost
I left it in the truck. Doing something of uncertain legality in a building full of law enforcement officers seems like a bad idea.

Re: Is this a school?

Posted: Fri Nov 13, 2009 11:00 pm
by suthdj
What about a day care that uses a curriculum, I thought they had to be state accredited to be considered a school?

Re: Is this a school?

Posted: Sat Nov 14, 2009 1:59 am
by chabouk
seamusTX wrote:Interesting question.

I think the legislative intent of including schools in PC 46.03 was to keep firearms out of primary and secondary schools attended by children, and colleges, which historically were attended by older teenagers and people under the age of about 25. Legislators and bureaucrats seem to think that these groups must be kept safe in zones "free" of weapons, alcohol, and drugs (including Midol, in some cases). :grumble
The legislature has had 14 years to define "school" as it relates to CHL, and has never done so. That's a shame. It also introduces a lot of confusion, not to mention opportunities for overzealous prosecutors in certain districts.

Which of these is a "school"?
- Miss Barbara's Beauty School
- Tiny Taps School of Dance
- The Sunshine School preschool for 2-5 year olds
- The residence of Jack and Joan Smith, who home-school their four children
- SMU, TCU, Baylor, Rice, Letourneau, etc., which are private institutions

The answer: who knows?

suthdj wrote:What about a day care that uses a curriculum, I thought they had to be state accredited to be considered a school?
The State of Texas does not regulate private schools. That's why home-schooling is unregulated in Texas (as a home-schooling dad, I say "Hallelujah!")

The state regulates day care, but that doesn't turn a day care into a "school".

Re: Is this a school?

Posted: Sat Nov 14, 2009 9:45 am
by Keith B
chabouk wrote:The State of Texas does not regulate private schools. That's why home-schooling is unregulated in Texas (as a home-schooling dad, I say "Hallelujah!")
Actually, they do in many cases. The Texas Private School Accreditation Commission (TEPSAC) does accredit some private and parochial schools. The Texas Education Agency accredits public schools.

It has never been defined officially, but I usually go by the guideline that if they are not accredited by one of these agencies, then they are not a school per the statute intentions. Intent is a BIG factor in reading many statutes, as they are many times not clearly defined or literal. IANAL, but that is my personal guideline.

Re: Is this a school?

Posted: Sat Nov 14, 2009 6:32 pm
by suthdj
Keith B wrote:
chabouk wrote:The State of Texas does not regulate private schools. That's why home-schooling is unregulated in Texas (as a home-schooling dad, I say "Hallelujah!")
Actually, they do in many cases. The Texas Private School Accreditation Commission (TEPSAC) does accredit some private and parochial schools. The Texas Education Agency accredits public schools.

It has never been defined officially, but I usually go by the guideline that if they are not accredited by one of these agencies, then they are not a school per the statute intentions. Intent is a BIG factor in reading many statutes, as they are many times not clearly defined or literal. IANAL, but that is my personal guideline.
Good links my kids day care is not on the list of accredited schools

Re: Is this a school?

Posted: Wed Feb 17, 2010 10:17 am
by MojoTexas
I found this thread by doing a search. I'm waiting on my plastic to arrive, and one question I have is if my 2-year-old son's day care is considered a school.

If I'm carrying, do I need to disarm in the truck before I go in to pick him up? It just seems like a hassle to disarm myself every day and rearm myself before entering the building.

Re: Is this a school?

Posted: Wed Feb 17, 2010 10:27 am
by seamusTX
Day care centers are not schools. They are not off-limits to CHL holders unless they are on the premises of some other prohibited place (college, for example).

- Jim

Re: Is this a school?

Posted: Thu Feb 18, 2010 12:56 am
by srothstein
Keith B wrote:Actually, they do in many cases. The Texas Private School Accreditation Commission (TEPSAC) does accredit some private and parochial schools. The Texas Education Agency accredits public schools.
I just wanted to clarify that this is not a state agency and that the state does not accredit or regulate private school sin any way. The site for TEPSAC is carefully worded to make it look like ti is a state accrediting agency with word like "approved by the Texas Education Commission" but when you read further, it is clearly a private organization. Note that they do not do any accrediting on their own either, but are an umbrella organization of private school accrediting groups.

There is nothing wrong with looking at this group or relying on it to help determine if a place is a school, but it has no legal standing whatsoever.