Summary:

 Senate Bill 256 (SB 256) in Public Schools enacts the School Teachers On-Site Protection Act. 
SB 256 requires the Department of Public Safety conduct school employee firearm training. SB 256 establishes procedures for school employees to be licensed and appointed to carry handguns on school premises. SB 256 adds school employees licensed and appointed to carry a handgun to exceptions to unlawful carrying of a deadly weapon on school premises. 

Legislation Overview:

 Senate Bill 256 in a new section of the Public School Code provides Sections 1-4 of this act may be cited as the School Teachers On-Site Protection Act (Act).
SECTION 2 provides definitions as used in the Act.
SECTION 3 adds a new section: School Employee Firearm Training and Licensure Program.
A. The Department of Public Safety (DPS) shall establish and maintain a school employee firearm training program (Program) open to any employee who holds a license to carry a handgun issued under the Concealed Handgun Carry Act. The training shall be conducted by DPS staff or a provider approved by the DPS.
B. The DPS shall collect from each employee who participates in the Program identifying information as specified in this subsection. 
C. The Program shall include 40 hours of instruction designed to achieve the goals specified in this subsection.
D. The DPS, in consultation with a psychologist or psychiatrist, shall devise and administer a psychological examination to each trainee to determine whether the trainee is psychologically fit to carry out the duties of an appointed school employee in an emergency shooting or active shooter situation. 
E. The DPS shall charge each trainee a reasonable fee to cover the cost of conducting the Program. 
F. The DPS shall issue a school employee firearm license to a trainee who is eligible for appointment to carry a firearm on school premises if the trainee meets the requirements specified in this subsection.
G. A school employee firearm license issued or renewed pursuant to the provisions of the Act shall expire on July 31 following the second anniversary of the date the DPS issued that license.
H. A school employee licensed to carry a firearm on school premises may renew a school employee firearm license by meeting the requirements specified in this subsection.
I. The DPS shall revoke a person's school employee firearm license if the person's license to carry a handgun has been suspended or revoked. A person whose school employee firearm license is revoked may obtain recertification by meeting the requirements specified in this subsection.
J. For each person issued a school employee firearm license, the DPS shall submit the identifying information collected pursuant to Subsection B to the: (1) secretary of public safety; (2) school district, charter school or private school that employs the person; and (3) chief law enforcement officer of the local municipal law enforcement agency where the school is located; provided that when there is no municipal law enforcement agency, identifying information shall be submitted to the county sheriff in the county in which the school is located. 
K. The DPS shall immediately report the expiration or revocation of a school employee firearm license to each entity listed in Subsection J. 
L. Information collected or submitted under this section is submitted for security purposes as part of a confidential tactical plan or procedure and shall not be disclosed in a request made pursuant to the Inspection of Public Records Act. 
SECTION 4 adds a new section: School Employee Appointment and Handgun Carrying Procedures.
A. The local superintendent of a school district or head administrator of a charter school may appoint one or more school employees to carry handguns for each school campus. 
B. The school district or charter school may reimburse the amount paid by the appointed school employee to participate in the Program pursuant to the provisions of Section 3 of the Act. 
C. A school district or charter school that appoints a school employee to carry a handgun on school premises shall enact policies to provide for the safe carrying of a concealed handgun as specified in this subsection.
D. An appointed school employee may carry a concealed handgun or possess a handgun on the physical premises of a school; provided that the employee act in accordance with the policies for carrying a handgun and shall only carry a concealed handgun as specified in writing by the local superintendent of the school district or the head administrator of the charter school. 
E. An appointed school employee may use a handgun the employee is authorized to carry or possess only under circumstances that would justify the use of deadly force pursuant to Section 30-2-7 NMSA 1978. 
F. A school district or charter school employee's status as an appointed school employee to carry a handgun on school premises becomes inactive upon: 
(1) expiration of the employee's school firearm license; 
(2) suspension or revocation of the employee's license to carry a handgun issued pursuant to the Concealed Handgun Carry Act; 
(3) termination of the employee's employment with the school district or charter school; or 
(4) written notice from the school district or charter school that the employee's services as an appointed school employee are no longer required. 
G. The identity of an appointed school employee under this section is part of a confidential tactical plan or procedure and shall not be disclosed in a request made pursuant to the Inspection of Public Records Act. 
SECTION 5 amends Criminal Offenses in Unlawful Carrying of a Deadly Weapon on School Premises, to insert Subsection A(4), which inserts an exception to allow a licensed and appointed school employee may carry a handgun on school premises.