Currently, Ohio law generally prohibits a person from being armed in a school safety zone, with the exception of state or federal law enforcement personnel who are authorized to carry deadly weapons, and security officers/staff with extensive peace officer training who are employed by a school board and authorized to carry while on duty.
However, on June 13, 2022, Governor DeWine signed into law Ohio House Bill 99, effective September 12, 2022, that expressly overrules the 2021 Ohio Supreme Court decision in Gabbard v. Madison Local School District Bd. of Education to allow a school employee who has written authorization from a school board to be voluntarily armed in a school safety zone, provided that:
the employee completes an initial 24-hour training program (a significant reduction to the previously required 700 hours of peace office training);
the employee submits to an annual criminal records check;
the school board notifies the public, by whatever means the school regularly communicates, that the board has authorized one or more staff members to go armed within its school district; and
the employee submits to eight requalification training hours on an annual basis.
Boards of education are permitted, but not required, to require additional training.
House Bill 99 also expands the Ohio School Safety Center (OSSC) and creates a new OSSC Safety & Crisis Division. The new OSSC Safety & Crisis Division will be led by a chief mobile training officer who will oversee 16 new regional training officers working within the 16 established Ohio Department of Education school safety support team regions. This new team of 17 OSSC staff members will develop the required initial training curriculum, yearly requalifying curriculum, and optional additional training curriculum for those authorized by their school districts to carry a firearm on school grounds. Training modules will include scenario-based training, as well as instruction on mitigation techniques, communications, neutralization of potential threats and active shooters, accountability, reunification, psychology of critical incidents, de-escalation techniques, crisis intervention, trauma and first aid care, history/pattern of school shootings, tactics of responding to critical incidents, tactical live firearm training, and realistic urban training. More information regarding Governor DeWine’s school safety initiatives can be found here.
Ultimately, HB 99 does not require a board of education to arm school employees. This was emphasized in a recent letter from Governor DeWine to state school superintendents. Rather, HB 99 emphasizes that the decision to arm school staff is a local decision up to each individual school board. If a board is considering arming staff, it is advised to notify its liability insurance carrier, solicit feedback concerning the risks associated with this level of authorization, and consult with legal counsel regarding unintended consequences that may result in liability to the school district due to arming school staff.