A lawsuit filed by the Tamaqua Education Association challenging a school district policy permitting employees to carry concealed weapons on school property can move forward under a recent court ruling.

The Schuylkill County Court of Common Pleas rejected the Tamaqua Area School District’s preliminary objections that, among other things, challenged the EA’s legal standing to file suit against the policy, which was enacted last September. The court found that the association established that it would be harmed by the policy and has a stake in the outcome of the lawsuit.

“The association is pleased the court has rejected the district’s attempt to derail this lawsuit,” said Frank Wenzel, president of the Tamaqua EA. “The best option now is for the school board to drop this illegal policy and save everyone a lot of time and money.”

The association’s lawsuit contends that the policy violates the School Code by authorizing public employees “to carry firearms and use deadly force in their workplace with substantially less training and experience than required by the General Assembly.” It asks the court to declare that the policy is void and unlawful because it conflicts with the School Code and other laws and because the school board exceeded its authority in enacting the policy.

The association maintains that properly trained law enforcement officers, such as school police officers or school resource officers, are permitted by law to carry a gun on school property. 

The association is pleased the court has rejected the district’s attempt to derail this lawsuit. The best option now is for the school board to drop this illegal policy and save everyone a lot of time and money.