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7/22/2021 NOTICE OF INTENT TO ADOPT NEW RULES: CKA, AND ATTACHMENTS, CKA R-1, CKA R-2, CKA R-3, and CKA R-4 » CKA, AND ATTACHMENTS, CKA R-1, CKA R-2, CKA R-3, and CKA R-4

CKA, AND ATTACHMENTS, CKA R-1, CKA R-2, CKA R-3, and CKA R-4

The Board of Trustees of Uinta County School District Number One (hereinafter the “District”), State of Wyoming, in Evanston, Wyoming, intends to adopt CKA and CKA-R1 – R4 (hereinafter “the proposed rule,” or “CKA”). The Rules authorize employees to carry firearms on or in property or facilities owned or leased by Uinta County School District Number One, subject to the terms, conditions and limitations prescribed by state law and federal law; and the policies and procedures of the District.

1. The proposed rule meets minimum substantive state statutory requirements for the following reasons:

  1. [W.S. §21-3-132 (a) The board of trustees in each school district may adopt rules and regulations, in consultation with local law enforcement, to allow the possession of firearms by employees possessing a valid concealed carry permit under W.S. 6-8-104 on or in any property or facility owned or leased by the school district.] The Board, in consultation with law enforcement, intends to adopt CKA and its attachments as rules and regulations that allow possession of firearms on school property by authorized employees. The proposed rule requires that District employees who wish to carry a firearm on District property must possess and maintain a valid concealed carry permit issued under W.S. §6-8-104.

  2. [W.S. §21-3-132 (a) Employees of a school district who hold a valid concealed carry permit issued under W.S. 6-8-104 may carry a concealed firearm on or into school facilities or other areas designated by the board of trustees, provided the employing school district has adopted rules and regulations that allow possession of firearms on school property and the employee has received approval by the board of trustees as required by this section.] The proposed rule requires Board approval before employees are authorized to possess firearms on school property in accordance with W.S. §21-3-132 and CKA. The proposed rule establishes an application and approval process for employees possessing a valid concealed carry permit under W.S. §6-8-104 to carry a firearm on school property.

  3. [W.S. §21-3-132 (b) For purposes of this section, “employee” means any person employed by a school district, including but not limited to, superintendents, assistant superintendents, principals, assistant principals,teachers, guidance counselors, librarians, teacher’s aids, coaches, business managers, secretaries or administrative assistants, janitors, bus drivers or other employees of a school district.] CKA includes this definition.

  1. [W.S. § 21-3-132 (c) The rules required by subsection (a) of this section shall at a minimum:

    (i) Establish an application and approval process for employees possessing a valid concealed carry permit under W.S. 6-8-104 to carry a firearm on school property;] CKA includes a detailed application and approval process for employees possessing a valid concealed carry permit under W.S. §6-8-104 to carry a firearm on school property. This process was developed after several meetings with law enforcement and the public.

  2. [W.S. § 21-3-132 (c) The rules required by subsection (a) of this section shall at a minimum:

    (ii) Require any person carrying a firearm pursuant to this section to maintain the firearm on his person at all times or in a concealed biometric container or lock box within the direct control of the individual at all times;] The proposed rule requires any person carrying a firearm in accordance with W.S. §21-3-132 and the proposed rule to maintain the firearm on his person at all times or in a concealed biometric container or lock box within the direct control of the individual at all times.

  3. [W.S. § 21-3-132 (c) The rules required by subsection (a) of this section shall at a minimum:

    (iii) Establish ongoing training requirements, curricula and instructor qualifications, subject to approval by local law enforcement, including: (A) An initial course of training comprised of not less than sixteen (16) hours of live fire handgun training, and eight (8) hours of scenario based training using nonlethal training,

    firearms and ammunition; and
    (B) Annual firearm qualification and documented recurrent training of not less than twelve (12) hours with an approved instructor.]     The ongoing training requirements, curricula and instructor qualifications (CKA-R4) will be approved by local law enforcement. Prior to carrying a firearm on District property, the employee shall successfully complete an initial training course comprised of not less than sixteen (16) hours of live fire handgun training, and eight (8) hours of scenario based training using nonlethal training, firearms and ammunition. CKA requires Employees to complete annual firearm qualification and documented recurrent training of not less than twelve (12) hours with an approved instructor.

  4. [W.S. § 21-3-132 (c) (iv) Provide a process for the revocation or suspension of the authorization under this section for an employee to carry a firearm on school property.] The proposed rule provides a process for the revocation or suspension of the authorization for an employee to carry a firearm on District property.

  1. [W.S. § 21-3-132 (d) The board of trustees in any school district may waive all or part of the training requirements of subsection (c) of this section for isolated rural schools and employees in those schools.] The proposed rule does not waive any of the training requirements of subsection (c).

  2. [W.S. § 21-3-132 (e) The superintendent of the district shall notify the parents and guardians of students attending school in the district of the ability of employees to carry firearms and the rules and regulations governing possession.] The proposed rule requires the Superintendent to notify parents and guardians of students attending school in the District of the ability of employees to carry firearms and the rules and regulations governing possession.

  3. [W.S. § 21-3-132 (f) The superintendent of the district shall notify all law enforcement agencies with jurisdiction over the area of the location and names of all employees who receive permission to carry firearms from the district’s board of trustees. The identities of the employees who receive permission to carry firearms from the district’s board of trustees shall be confidential and are not public records for purposes of W.S. 16-4-201 through 16-4-205.] The proposed rules require the Superintendent to notify all law enforcement agencies with jurisdiction (the Uinta County Sheriff’s Department and Evanston Police Department) of the location and names of employees who receive permission from the Board to carry firearms on District property. Rule CKA requires that the identities of the employees who receive permission to carry firearms from the District’s Board of Trustees shall be confidential and are not public records for the purposes of W.S. §16-4-201 through §16-4-205.

  4. [W.S. § 21-3-132 (g) Nothing in this section shall authorize an employee to carry a firearm, concealed or otherwise, on or into any facility or other school district property without the express approval of the board of trustees and notification of parties as required by this section.] This is included in the proposed rule. Nothing in the proposed rule authorizes an employee to carry a firearm, concealed or otherwise, on or into any facility or other school district property without the express approval of the board of trustees and notification of parties as required by W.S. §21-3-132.

  5. [W.S. § 21-3-132 (h) Nothing in this section shall authorize a student of a school district to carry a firearm, concealed or otherwise, on or into any facility of a school district.] This is included in the proposed rule. The proposed rule expressly prohibits a student of the District from carrying a firearm, concealed or otherwise, on or into District property.

m. [W.S. § 21-3-132 (j) Any rules and regulations adopted under this section shall only apply to persons who are employees, as defined in subsection (b) of this section.] The proposed rule only applies to individuals who are employees as defined in subsection (b) of W.S. § 21-3-132.

n. [W.S. § 21-3-132 (a) The board of trustees in each school district may adopt rules and regulations, in consultation with local law enforcement, to allow the possession of firearms by employees possessing a valid concealed carry permit under W.S. 6-8-104 on or in any property or facility owned or leased by the school district.] The proposed rule shall not authorize District personnel to carry a firearm, concealed or otherwise, on or into District property without strict compliance with all applicable District policies, the express approval of the Board and notification of parties as required by statute.

o. As a supplement to this general statement of minimum statutory compliance, the attached Rule CKA with comments sets forth in detail how each paragraph of the proposed rule meets minimum substantive state statutory requirements.