Teachers, staff with firearms in Central Dauphin schools face legal, liability hurdles

As Central Dauphin School Board considers whether a police officer should patrol three middle schools, many have questioned whether teachers and staff should be armed on school grounds.

But laws and liability issues have prevented this effort.

Central Dauphin High School

The federal Gun Free School Zones Act prohibits firearms on school property, unless those weapons are in the possession of a police officer, also referred to as a school resource officer.

In Pennsylvania, possessing weapons, such as guns, on school property is a crime, said Emily Leader, acting chief counsel for the Pennsylvania School Board Association.

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Weapons are permitted, however, if they’re being used for a lawful purpose — a purpose that a school district or state Legislature must define, she said.

The Pennsylvania Department of Education is reviewing the legality of teachers or staff being armed, said Tim Eller, department spokesman.

Georgia Smee, co-president of the Central Dauphin Education Association, said she doesn’t support armed teachers and staff in school, especially with so many children nearby.

“If teachers are not trained to handle certain situations, ... it could cause more harm than good,” said Smee, who added that she has not gauged this issue with her union members.

School districts would have to have a policy or provide training regarding when a teacher or staff member can shoot, or they would be vulnerable to lawsuits if someone was hurt, Leader said.

“Under state-created danger, if your policy is one that was carried out with some care and thought and something happened anyway, chances of being found liable are less,” Leader said.

Shannon Leib, Central Dauphin School District spokeswoman, stated in an email that it’s impossible to speculate what liability issues the school district would face if teachers and staff could bring guns to school.

“The safety of our students, staff and visitors is of paramount importance to us and we are constantly reviewing our policies and procedures,” Leib said.

“Any proposed significant changes to our policies would be shared with the public. At this time, there are none proposed.”

Gary Shaffer, a teacher at Linglestown Middle School — which is among the three schools being considered for patrols by the school board Monday — said teachers and staff should be permitted to carry concealed weapons to defend students and themselves.

“If I was in a situation where I was in danger of losing life or limb, then I would use it,” said Shaffer, who has had a concealed carry permit for 15 years, but he’s never had to use his weapon for an emergency.

Eric Fogel, a fellow teacher at Linglestown Middle, agrees.

"Whatever it takes to prevent another horrible tragedy like Newtown, we owe it to our children to look into those ideas," Fogel said, referring to the massacre in December at Sandy Hook Elementary School in Connecticut.

Shaffer added that gun-free zones don’t work.

“So are we going to defend ourselves or aren’t we?” he asked.

IF YOU GO

: The Central Dauphin School Board meeting begins at 7 p.m. Monday at Central Dauphin East High School Lecture Hall, 626 Rutherford Road, Harrisburg.

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