In the case of Gabbard v. Madison Local School Dist Bd. Of Edn., Slip Opinion No. 2021-Ohio-2067, the Ohio Supreme Court held that a school board authorizing school district employees to carry a deadly weapon does not comply with Ohio law.
Here, parents of students enrolled in the school district argued that the adopted resolution was illegal because it did not require the armed employees to complete the mandated training. The school board argued that these employees were exempt from this requirement because they were not employed in a security context. The Ohio Supreme Court disagreed.
The Court struck down the school district’s policy which did not require the requisite training to carry such weapons as required by Ohio law. The Court reasoned that the plain language of the statute refers to employees who are armed while on duty, including teachers, administrators, or other staff members who take on the responsibility to protect students and staff from harm.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.