HSB 675 (LSB 6276YC (5) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON THOMPSON)

A BILL FOR

An Act relating to school security, including by requiring certain school districts to employ or retain school security personnel, establishing the school security personnel grant program within the department of education, and authorizing school employees to be issued professional permits to carry weapons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  279.84  School security personnel —— grant program.
   1.  For purposes of this section:
   a.  “Private school security officer” means an individual employed by a private security business who possesses a permit to carry weapons issued under section 724.6.
   b.  “Private security business” means the same as defined in section 80A.1.
   c.  “School resource officer” means the same as defined in 34 U.S.C. §10389.
   2.  The board of directors of each school district with a total enrollment of at least eight thousand students shall employ, or retain the services of, at least one private school security officer or school resource officer to guard each attendance center where students enrolled in grades nine through twelve regularly attend classes. A private school security officer employed or retained by the board of directors of a school district pursuant to this subsection shall be required to participate in the annual live scenario training and quarterly live firearms training provided by the department of public safety pursuant to section 724.6, subsection 1, paragraph “a”, subparagraph (3).
   3.  a.  The board of directors of each school district with a total enrollment of less than eight thousand students is encouraged to employ, or retain the services of, at least one private school security officer or school resource officer to guard each attendance center where students enrolled in grades nine through twelve regularly attend classes. A private school security officer employed or retained by the board of directors of a school district pursuant to this paragraph shall be required to participate in the annual live scenario training and quarterly live firearms training provided by the department of public safety pursuant to section 724.6, subsection 1, paragraph “a”, subparagraph (3).
   b.  The department of education shall develop and administer a school security personnel grant program to provide annual grants to match moneys provided by a school district described in paragraph “a” to allow such school districts to offset costs associated with employing, or retaining the services of, a private school security officer or school resource officer to guard each attendance center providing education to students enrolled in grades nine through twelve. The amount of an annual grant provided by the department of education to a school district that has provided matching moneys pursuant to this paragraph shall not exceed fifty thousand dollars.
   4.  A school security personnel grant program fund is established in the state treasury. The fund shall be administered by the department of education and shall consist of moneys appropriated by the general assembly and other moneys received by the department for deposit in the fund. The moneys in the fund are appropriated to the department for the school security personnel grant program. Notwithstanding section 8.33, moneys in the fund at the close of the fiscal year shall not revert to the general fund of the state but shall remain available for expenditure for the school security personnel grant program for subsequent fiscal years.
    Sec. 2.  Section 724.6, subsection 1, paragraph a, Code 2024, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (3)  A person may be issued a permit to carry weapons if the person is a school employee of a school district, a private school, or an institution of higher education as defined in section 722.11 that has not opted out of participating in the professional permitting of school employees. The person shall complete a prescribed firearm safety training course offered pursuant to section 724.9, subsection 1, prior to being issued a permit, and not be disqualified under section 724.8. A person issued a permit to carry weapons under this subparagraph shall receive one-time, in-person legal training, including training on qualified immunity, annual emergency medical training, and annual communication training that is approved by the department of public safety. The department of public safety shall implement required annual live scenario training and quarterly live firearm training for school employees of a school district, a private school, or an institution of higher education that has opted into participating in the professional permitting of school employees. A school employee issued a professional permit to carry by the department of public safety who is up to date with department of public safety-approved training shall be entitled to qualified immunity from criminal or civil liability for all damages incurred pursuant to the application of reasonable force at the place of employment.
    Sec. 3.  Section 724.6, subsection 2, Code 2024, is amended to read as follows:
   2.  Notwithstanding subsection 1, fire fighters, as defined in section 411.1, subsection 10, airport fire fighters included under section 97B.49B, school employees, and emergency medical care providers other than emergency medical care providers specified in subsection 1, paragraph “a”, subparagraph (2), shall not, as a condition of employment, be required to obtain a permit under this section. However, the provisions of this subsection shall not apply to a person designated as an arson investigator by the chief fire officer of a political subdivision.
    Sec. 4.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to school security, including by requiring certain school districts to employ or retain school security personnel, establishing the school security personnel grant program within the department of education, and authorizing school employees to be issued professional permits to carry weapons.
   The bill requires all school districts with a total enrollment of at least 8,000 students to employ, or retain the services of, at least one private school security officer or school resource officer to guard each attendance center where students enrolled in grades 9 through 12 regularly attend classes.
   The bill encourages all school districts with a total enrollment of less than 8,000 students to employ, or retain the services of, at least one private school security officer or school resource officer to guard each attendance center where students enrolled in grades 9 through 12 regularly attend classes. The bill requires the department of education to develop and administer a school security personnel grant program to provide annual grants to match moneys provided by such school districts to allow the school districts to offset costs associated with employing, or retaining the services of, a private school security officer or school resource officer. The bill provides that the amount of an annual grant provided by the department to a school district that has provided matching moneys pursuant to this provision shall not exceed $50,000. The bill establishes a school security personnel grant program fund in the state treasury to be administered by the department.
   The bill defines “private school security officer” to mean an individual employed by a private security business who possesses a permit to carry weapons issued under Code section 724.6 (professional permit to carry weapons). The bill requires a private school security officer employed or retained by the board of directors of a school district to participate in the annual live scenario training and quarterly live firearm training sessions described below. The bill defines “private security business” as a business of furnishing, for hire or reward, guards, watch personnel, armored car personnel, patrol personnel, or other persons to protect persons or property, to prevent the unlawful taking of goods and merchandise, or to prevent the misappropriation or concealment of goods, merchandise, money, securities, or other valuable documents or papers, and includes an individual who for hire patrols, watches, or guards a residential, industrial, or business property or district. Additionally, the bill defines “school resource officer” by reference to the definition contained in 34 U.S.C. §10389.
   The bill provides that a person may be issued a permit to carry weapons if the person is a school employee of a school district, a private school, or an institution of higher education that has not opted out of participating in the professional permitting of school employees. The person shall complete a prescribed firearm safety training course offered pursuant to Code section 724.9(1), prior to being issued a permit, and not be ineligible for a permit to carry under Code section 724.8. A person issued a permit to carry weapons is required to receive one-time, in-person legal training, including training on qualified immunity, annual emergency medical training, and annual communication training that is approved by the department of public safety. The department of public safety is required to implement annual live scenario training and quarterly live firearm training for school employees. 
   The bill provides that a school employee issued a professional permit to carry by the department of public safety after completing department of public safety-approved training is entitled to qualified immunity from criminal or civil liability for all damages incurred pursuant to the application of reasonable force at the place of employment.
   The bill provides that a school employee shall not be required, as a condition of employment, to obtain a permit.
   The bill may include a state mandate as defined in Code section 25B.3. The bill requires that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.