The Morning Call

Teachers can’t sue, Tamaqua Area argues

They don’t have right, it says in response to union lawsuit over gun policy.

- By Kayla Dwyer

The Tamaqua Area School District filed preliminar­y objections in court this week to a lawsuit waged by its teachers’ union against the school’s new policy allowing staff to carry guns in school.

Policy 705 passed unanimousl­y in September, but it drew ire from the Tamaqua Area Education Associatio­n, which filed a lawsuit in Schuylkill County Court in November, claiming the measure is a violation of the Pennsylvan­ia School Code.

The school district, in its filing, questions this claim and argues that the union does not have the legal standing to sue, nor has it establishe­d the district committed a “manifest wrong.”

The Pennsylvan­ia School Code allows trained law enforcemen­t to carry firearms in school. The teachers’ lawsuit alleges that Tamaqua’s Policy 705, adopted Sept. 18, ignores “state law and allows school employees who do not have state-required training or experience to carry and use firearms.”

The new policy requires staff who volunteer to participat­e to receive training as outlined by Act 235, the Lethal Weapons Training Act.

But the Education Associatio­n says school resource officers receive extra training that goes beyond Act 235 — such as active shooter training — that is not outlined in the district’s gun policy.

The district’s filing claims this extra training — under the Municipal Police Educationa­l and Training Law, or Act 120 — does not apply to the school district since it is not a municipali­ty or higher education institutio­n.

Despite this distinctio­n, Chris Lilienthal, assistant director of communicat­ions with the Pennsylvan­ia State Education Associatio­n, said the extra training is what parents and teachers have wanted.

“One big question we have is why the school board is fighting teachers and parents on this,” Lilienthal stated in response to the preliminar­y objections.

Primarily, the district is seeking to prove the union does not have legal standing to file a lawsuit.

The district’s first objection is to the union’s ability to sue, claiming the union does not have standing because it cannot prove any of its members “are suffering immediate or threatened injury,” according to the filing.

Lilienthal said the PSEA believes teachers could be put in harm’s way if staff are armed without proper training.

“A policy to arm teachers in school will definitely have an impact on working conditions,” Lilienthal said Friday.

The objection filing also calls on the union to prove there is an “actual justifiabl­e controvers­y.”

Questionin­g the legal sufficienc­y of the teachers’ lawsuit, the district writes that there is no specific state statute either allowing or preventing a measure like Policy 705, arguing further that recent state statutes include broad enough language to allow such a policy by a public school.

Pennsylvan­ia law does not expressly allow concealed carry in public schools, but it offers a defense for a weapon “used in conjunctio­n with a lawful supervised school activity or course or is possessed for other lawful purpose.”

Tamaqua is the first district in the state to pass a policy allowing armed school staff as a way to defend schools against shooters.

kdwyer@mcall.com Twitter @kayla_dwyer17 610-820-6554

 ?? APRIL GAMIZ/ MORNING CALL FILE PHOTO ?? A crowds listens to presentati­ons during a meeting on Tamaqua Area School District’s policy that would authorize teachers and staff to carry guns in school. The policy, which passed in September, is the subject of a lawsuit.
APRIL GAMIZ/ MORNING CALL FILE PHOTO A crowds listens to presentati­ons during a meeting on Tamaqua Area School District’s policy that would authorize teachers and staff to carry guns in school. The policy, which passed in September, is the subject of a lawsuit.

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