§ 62.1-02-14 — Armed first responder in schools - Possession of a concealed weapon - Liability

Liability.
1. The superintendent of public instruction, in consultation with the department of
emergency services and the attorney general, shall adopt rules to administer this
section and develop criteria for approval of plans under this section.
2. The superintendent of public instruction may accept a proposal from a public school,
upon approval by the school board or governing board, indicating the intention by the
school to participate in an armed first responder program.
3. Within ninety days of informing the superintendent of public instruction of the intent to
participate in the program, the school shall:
a. Identify the individual selected by the school to participate in the program and
attend training to become the school's armed first responder;
b. Submit a plan to the superintendent of public instruction specifying how the
school will implement the program; and
c. Participate in a comprehensive emergency operations assessment for the
purpose of identifying school crisis and emergency threats and risks.
4. The plan submitted by the school to the superintendent of public instruction is a
security system plan as defined in section 44-04-24 and a public health and security
plan as defined in section 44-04-25. The plan continues to be an exempt record after
the required disclosures of the plan under this section.
5. The plan submitted by the school to the superintendent of public instruction must show
response time from law enforcement.
6. The plan submitted by the school to the superintendent of public instruction must be
approved by local law enforcement and the department of homeland security.
7. The plan submitted by the school to the superintendent of public instruction must
require the selected individual to complete the course established by the private

investigative and security board. The private investigative and security board shall
establish standards equivalent to the South Dakota school sentinel program and may
license and certify course instructors, audit the course, and set administrative fees for
licensure and certification.
8. An individual selected to become an armed first responder for a school participating in
the program:
a. Must be a retired law enforcement officer or meet the requirements of
subsection 7;
b. Must be a citizen of the United States;
c. Must be at least twenty-one years old;
d. Shall complete a criminal background check successfully and be approved by the
local law enforcement agencies with jurisdiction over the school premises where
the individual will be an armed first responder;
e. Must be a high school graduate or meet equivalency standards;
f. Shall complete successfully a physical performed by a physician or an advanced
practice registered nurse and a mental evaluation by a qualified mental health
provider who certifies the individual is capable of performing the duties of an
armed first responder;
g. Shall complete successfully a faculty and administrator safety training and
emergency response program in addition to the requirements under subsection 7;
h. Must be approved by the school board or governing board to carry a firearm
concealed on school property;
i. Shall possess a valid class 1 firearm license from this state; and
j. May not be directly responsible for the supervision of children while serving as an
armed first responder.
9. An individual selected to become an armed first responder at a school participating in
the program shall cooperate in training with local law enforcement for school
emergencies to provide a coordinated response to building lockdown and active killer
events. The individual shall attend annual training and recertification courses
consisting of a minimum of ten hours of instruction and a skills evaluation assessment.
10. The school board or governing board of any school participating in the program shall
inform local law enforcement, in writing, of the name of the individual authorized by the
school to participate in the program.
11. The school board or governing board of any school participating in the program shall
ensure the district participates in annual active shooter training.
12. An individual selected as an armed first responder may not carry a firearm concealed
or a dangerous weapon on school premises unless:
a. The individual has been approved by the school board or governing board under
subsection 8;
b. The individual has completed the armed first responder curriculum requirements
under subsections 7 and 8; and
c. The individual completes the armed first responder recertification course
requirements every twelve months.
13. A firearm or dangerous weapon carried by an armed first responder on school
premises must remain concealed and under the direct control of the certified armed
first responder or stored in a lockbox accessible only by the armed first responder.
14. The school board or governing board shall approve a posttraumatic stress disorder
treatment program for armed first responders.
15. The school board or governing board may withdraw a school from participation in the
program at any time.
16. A school participating in the program shall provide program evaluation data to the
superintendent of public instruction at the time and in the manner requested by the
superintendent of public instruction.
17. The board of a school district or the governing body of a nonpublic school may
establish a program for providing a plan to establish a school first responder which

includes authorizing an individual to conceal and carry a weapon if the individual has
received education and training in accordance with this section.
18. A staff member may choose not to function in the capacity of a school first responder.
19. An individual authorized to work as a first responder under subsection 17, a school
district, the board of a school district, or the governing body of a nonpublic school that
establishes a first responder program is not civilly or criminally liable for any act or
omission of the first responder if the first responder is acting in good faith while
providing protection to a student or the school, except if the first responder's conduct
amounts to gross negligence.