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An Act To Allow School Administrative Units To Establish Rules, Procedures and Guidelines for Properly Trained Staff To Carry a Concealed Handgun on School Property while Acting in Their Official Capacities
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §6552, sub-§2, ¶D  is enacted to read:
 
D.  The prohibition on the possession and discharge of a firearm does not apply to an employee of a school administrative unit who is qualified under this subchapter to carry a concealed handgun as long as the school administrative unit has formally adopted a concealed handgun program pursuant to section 6552-A that establishes rules, procedures and guidelines for properly trained staff to carry concealed handguns.
Sec. 2.  20-A MRSA §6552-A  is enacted to read:
§ 6552-A. Concealed handguns carried by school employees
 
1.  Adopt rules to allow school employees to carry concealed handguns.     A school administrative unit may adopt rules, procedures and guidelines to establish a concealed handgun program that allows a qualified school employee to carry a concealed handgun on school property after application to and approval by the school board. A school administrative unit electing to establish a program under this section shall require that a school employee who elects to participate in the concealed handgun program established by the school administrative unit:
 
A.  Submit an application to the school board of the school administrative unit in which the school employee is employed. The superintendent of the school administrative unit and the principal of the school in which the school employee is employed shall submit in writing to the school board their advice and recommendations to assist the board in considering the application;
 
B.  Successfully complete a firearms training course similar to a firearms training course required of all full-time law enforcement officers in the State and receive certification through this training;
 
C.  Successfully complete an annual requalification exercise with a certified firearms instructor in the State;
 
D.  Successfully complete training in crisis intervention, hostage situations and use of deadly force by a properly trained instructor; and
 
E.  Possess a valid permit to carry a concealed handgun from the appropriate issuing authority under Title 25, chapter 252.
 
2.  Responsibilities of authorized personnel.     The school board of a school administrative unit electing to establish a concealed handgun program shall establish in writing the duties and responsibilities of a school employee authorized to carry a concealed handgun on school property. The duties and responsibilities established under this subsection by the school board must be developed in consultation with local, county or state law enforcement representatives, and the resulting written policy must be included in the school administrative unit's emergency response document and placed on file with the appropriate law enforcement agency whose jurisdiction includes the school administrative unit.
 
3.  Stipend.     A school administrative unit that establishes a concealed handgun program under this section may provide a stipend for a participating school employee.
 
4.  Liability insurance.     Liability insurance must be carried on a school employee who participates in a concealed handgun program.
 
5.  Psychological evaluation.     A school administrative unit establishing a concealed handgun program under this section may require that a school employee who applies to participate in the program submit to a psychological evaluation. The psychological evaluation must include, at a minimum, evaluation of anxiety, mood, anger, antisocial characteristics, ability to accept criticism, ability to communicate, assertiveness, self-confidence, ability to get along with others, judgment and verbal skills. If a school administrative unit requires a school employee applying to participate in a concealed handgun program to submit to a psychological evaluation under this subsection, the school administrative unit shall pay the cost of the evaluation.
 
6.  Firearms training.     The Maine Criminal Justice Academy shall design an appropriate training curriculum for participating school employees, to be administered by qualified firearms instructors. The Maine Criminal Justice Academy may offer this firearms training during the summer months.
 
7.  Retired law enforcement officers.     A school administrative unit may employ as security personnel a retired full-time law enforcement officer who has been requalified by a certified firearms instructor pursuant to this section.
 
8.  Confidentiality of records.     Applications, recommendations and other documents related to the participation of school employees in concealed handgun programs established under this section are not public records within the meaning of Title 1, section 402, subsection 3. Deliberations by a school board on the applications reviewed and the selections made under this section may be conducted in executive session pursuant to Title 1, section 405, subsection 6, paragraph A. The names of school employees participating in concealed handgun programs established under this section and any certification documents are public records.
 
9.  Consultation with law enforcement agency.     Prior to establishing a concealed handgun program under this section, a school administrative unit shall consult with the law enforcement agency whose jurisdiction includes the school administrative unit.
 
10.  Identification of personnel; protocols.     A school board of a school administrative unit electing to establish a concealed handgun program under this section shall include the names of participating personnel and details regarding program protocols in the school administrative unit's emergency response document that is filed with the law enforcement agency whose jurisdiction includes the school administrative unit.
 
11.  Changes to program, personnel and protocols.     After implementing a concealed handgun program under this section, a school administrative unit shall report all material changes to the program, participating personnel and protocols to the law enforcement agency whose jurisdiction includes the school administrative unit.
 
12.  Voluntary participation.     If a school administrative unit elects to establish a concealed handgun program under this section, participation in the program by a school employee is voluntary. A school administrative unit or school board may not coerce an employee to participate, or censure, criticize or discriminate against an employee who is unwilling to or who refuses to participate in the program.
 
13.  Referendum.     If at least 10% of the number of voters voting in the last general election in the municipalities within a school administrative unit electing to establish a concealed handgun program petition the school administrative unit to submit the issue to the voters, the municipal officers of each municipality that is a member of a school administrative unit electing to establish a concealed handgun program under this section shall place a warrant article substantially as follows on the ballot of a municipal referendum in accordance with the referendum procedures applicable to the school administrative unit of which the municipality is a member.
Sec. 3. 25 MRSA §2001-A, sub-§2, ¶¶H and I, as repealed and replaced by PL 2011, c. 691, Pt. A, §24, are amended to read:
 
H. A handgun carried by a qualified law enforcement officer pursuant to 18 United States Code, Section 926B. The qualified law enforcement officer must have in the law enforcement officer's possession photographic identification issued by the law enforcement agency by which the person is employed as a law enforcement officer; and
 
I. A handgun carried by a qualified retired law enforcement officer pursuant to 18 United States Code, Section 926C. The qualified retired law enforcement officer must have in the retired law enforcement officer's possession:
 
(1) Photographic identification issued by the law enforcement agency from which the person retired from service as a law enforcement officer that indicates that the person has, not less recently than one year before the date the person carries the concealed handgun, been tested or otherwise found by that agency to meet the standards established by that agency for training and qualification for an active law enforcement officer to carry a handgun of the same type as the concealed handgun; or
 
(2) Photographic identification issued by the law enforcement agency from which the person retired from service as a law enforcement officer and a certification issued by the state in which the person resides that indicates that the person has, not less recently than one year before the date the person carries the concealed handgun, been tested or otherwise found by that state to meet the standards established by that state for training and qualification for an active law enforcement officer to carry a handgun of the same type as the concealed handgun.; and
Sec. 4.  25 MRSA §2001-A, sub-§2, ¶J  is enacted to read:
 
J.  A handgun carried by a properly trained staff member in a school administrative unit in which rules, procedures and guidelines have been adopted by the school administrative unit pursuant to Title 20-A, section 6552-A.
Sec. 5.  25 MRSA §2002, sub-§10-B  is enacted to read:
 
10-B.  Properly trained staff member.     "Properly trained staff member" means an employee of a school administrative unit who is qualified to carry a concealed handgun under Title 20-A, section 6552-A.
 
SUMMARY
This bill enables school administrative units to establish rules, procedures and guidelines to allow a properly trained school employee to carry a concealed handgun on school property. The bill requires a school administrative unit electing to allow an employee to carry a concealed handgun on school property to ensure that the employee successfully completes a firearms training course and requalifies on an annual basis. It also requires the employee to complete training in crisis intervention and hostage situations and use of deadly force, and possess a valid permit to carry a concealed handgun. The bill requires a school administrative unit establishing a concealed handgun program to establish in writing the duties and responsibilities of school employees authorized to participate in the program. It also requires that liability insurance be carried on each participating employee, whether paid for by the school administrative unit or the employee. The bill enables a school administrative unit to pay a participating employee a stipend and to require an employee applying to carry a concealed handgun on school property to submit to a psychological evaluation. It authorizes the Maine Criminal Justice Academy to design a firearms training course for school employees who have applied to carry concealed handguns on school property. This bill specifies that participation in the program by a school employee is voluntary and provides that if at least 10% of the number of voters voting in the last general election petition the school administrative unit, the issue will be put to a vote at referendum.