New Iowa law adds legal protections for armed staff in schools. Will insurance companies take advantage?

DES MOINES — A new state law grants added legal protections to Iowa school districts that wish to allow teachers and other staff to carry firearms on school grounds.

However, most school districts reached by The Gazette say they still will not allow teachers and staff to carry guns, and those districts that are considering it or have in the past say they still are waiting to hear whether the district’s insurer will allow it.

Statehouse Republicans this year approved House File 2586, which provides qualified immunity from criminal or civil liability for all “damages incurred pursuant to the application of reasonable force.”

Lawmakers previously passed a law that made it legal for Iowa teachers and staff to be armed on school grounds — supporters said it was designed to help provide a layer of safety in schools against threats, while critics said allowing guns in schools will only make them more dangerous places. But insurance companies told districts that were considering allowing teachers and staff to carry guns that they would not insure them.

Lawmakers passed House File 2586 this year with hopes the immunity clause would make insurance companies comfortable enough to insure districts that want to allow teachers and staff to be armed.

The Gazette contacted the 11 largest school districts in Iowa; none of them previously had considered allowing teachers and staff to carry guns, and the new state law has not changed that — none are considering it this year, either.

“This board has taken no action to arm our staff. Furthermore, I can share with you that no board member nor any administrator has expressed any interest to me in taking action to arm our staff,” Cedar Rapids school board President Cindy Garlock said at a May 13 board meeting. “We’re committed to advocating for policies and legislation that prioritize safety and security of our students and our staff.”

Under the state law, approved staff would be allowed to carry concealed weapons during school hours, and the district would decide what firearms staff could carry and whether the district would provide those or allow the use of personal firearms.

Identities of school staff issued a weapons permit are confidential and not subject to disclosure under Iowa’s open records law.

The legislation was passed in the wake of January’s fatal shooting at Perry High School. Eleven-year-old Ahmir Jolliff and Principal Dan Marburger were killed and six others were injured. The 17-year-old shooter died of a self-inflicted gunshot wound.

Some districts may consider, but insurer still analyzing

The Gazette contacted Iowa school districts that previously had considered allowing teachers and staff to be armed, but were rebuffed by their district’s insurer. They include the Cherokee, Spirit Lake and Interstate 35 school districts, all of which are insured by EMC, a prominent insurer of Iowa school districts.

The districts that responded said they still are awaiting word from their insurer about the legal immunity in the new state law, and whether that changes the insurer’s decision whether to cover a district that allows teachers or staff to carry guns.

“We have reached out to ask about how to get coverage if the district decides to go in this direction. There are still discussions on how the district would proceed,” I-35 district business manager April Hughes said.

A spokeswoman for EMC declined to say how many Iowa districts the company insures. The spokeswoman said the company still is analyzing the potential impacts of the new state law.

“We believe the new school security law may provide more options for schools to find coverage that fits their needs if they choose to arm school employees. We are analyzing the new law and its implications as we continue to evaluate options in this evolving marketplace,” Sarah Buckley, EMC’s vice president of corporate communications and community impact, said in a statement to The Gazette.

“We share a deep commitment to the health and safety of students and school personnel and respect every school’s right to choose the policies they believe to be in their best interests. We continue to insure schools that provide on-site armed security utilizing trained law enforcement or school resource officers,” Buckley said.

That policy is consistent in the multiple states where EMC has clients, Buckley said.

Cherokee Superintendent Tom Ryherd in April told The Cherokee Chronicle Times the school board has not considered reinstating its weapons policy since it was rescinded last June after it was told EMC would not insure the district if it enacted the policy.

“Nobody from the school board has approached me about it. We haven’t discussed it as a board,” Ryherd told The Times. “Are we gonna talk about it as a board? I’m not gonna speculate on that one.”

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School Resource Officers required in large districts

The new state law also requires the state’s largest school districts — those with 8,000 or more students enrolled — to have School Resource Officers, or SROs, on the grounds — unless the district’s school board votes to opt out of the SRO requirement.

The practical impact of that provision is, effectively, nothing. It will be status quo for the 11 districts that fall under that new provision: nine districts already employed SROs and plan to continue, while the two districts that do not — the Des Moines and Iowa City districts — already have seen action from their school board to opt out of the SRO requirement.

The Iowa City School Board unanimously voted to opt out of the SRO requirement at its May 14 meeting. The Des Moines district ended its SRO program in February 2021, and there are no active discussions or plans to resume the program, a district spokesman said. The Des Moines district has public safety staff who work closely with the Des Moines Police Department, the district spokesman said.

“(The Des Moines Public School District) has invested significant funds over the years in a range of security measures, from changes to our buildings to the use of technology to a full-time public safety staff, and will continue to support responsible measures for the safety and well-being of our students and staff,” district Communications and Public Affairs Director Phil Roeder said.

The Cedar Rapids, Ankeny, Council Bluffs, Davenport, Dubuque, Sioux City, Waterloo, Waukee and West Des Moines districts all already have SROs on campus and plan to continue, the districts told The Gazette.

The Cedar Rapids City Council and school board both voted in June to maintain the practice of having five SROs stationed in the school district. The plan calls for one officer each stationed at Kennedy, Washington, Jefferson and Metro high schools and Polk Alternative school.

“The district has a long-standing partnership in place with the Dubuque Police Department to provide highly trained school resource officers who serve our schools to provide safety, build relationships, offer diversionary programming and support students,” Dubuque Community School District Chief Communication Officer Michael Cyze said. He noted the district also partners with the Dubuque County Sheriff’s Department to provide SROs at a district elementary school.

“Moving into the future, we believe that the district is best served by focusing on sustaining and enhancing our school resource officer program. Given this, we have no plans to allow staff to be armed,” Cyze said. “We are working collaboratively with our law enforcement partners as we look ahead to next school year to ensure that school resource officer assignments align with the updated requirements in Iowa Code. We are thankful for the ongoing support of all of our law enforcement and emergency management partners for their continued partnership in providing a safe, vibrant learning environment for our students and staff.”

The Gazette’s Tom Barton contributed.

Comments: (515) 355-1300, erin.murphy@thegazette.com

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