Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Thornton
/Paul
LAST UPDATED
ORIGINAL DATE 02/10/2025
SHORT TITLE
School Teachers On-Site Protection Act
BILL
NUMBER Senate Bill 256
ANALYST Chilton
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected DPS $1,449.6 $1,402.1 $2,851.7 Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Relates to Senate Bill 136.
Sources of Information
LFC Files
Agency Analysis Received From
Public Education Department (PED) Department of Health (DOH)
Department of Public Safety (DPS)
Agency Analysis was Solicited but Not Received From
Department of Homeland Security and Emergency Management (DHSEM)
Albuquerque Public Schools (APS)
Rural Educational Cooperatives (RECA)
SUMMARY
Synopsis of Senate Bill 256
Senate Bill 256 would enact a School Teachers On-Site Protection Act as part of the Public
School Code, Chapter 22 NMSA 1978. The Department of Public Safety (DPS) would be
required to provide 40 hours of training to any public or private school employee who has a
handgun license in use of a handgun in school settings, including use of a handgun during an
emergency, discussion of legal issues regarding use of handguns and relations with peace
officers, and prevention of school violence and shootings. The employee must be evaluated by a
mental health provider to be certain that they are psychologically fit to deal with school shooting
occasions.
Senate Bill 256 – Page 2
Those completing the training (at their own expense, later to be reimbursed by the school) will
be issued a license to carry a firearm on school property for two years, renewable after a 16-hour
retraining and a demonstration that the employee has the knowledge and psychological fitness to
be relicensed. The license would be revoked if the person’s right to carry a concealed weapon is
revoked.
Public school superintendents and charter school administrators may appoint one or more
persons to carry a handgun on a school campus. The weapon must be carried or placed in a
locked and secure location and may be loaded only with DPS-approved frangible duty
ammunition (definition: projectiles that break into small pieces upon initial contact to minimize
further damage) and must be used only when circumstances justified the use of deadly force. The
person’s right to carry a handgun would expire if no longer employed by the school, license to
carry a concealed handgun was revoked or suspended, or the authorizing school revoked the
authorization.
The identity of the person allowed to carry a gun would not be disclosable through the Inspection
of Public Records Act.
Section 5 of the bill amends Section 30-7-2.1, “Unlawful Carrying of a Deadly Weapon on
School Premises,” adding persons licensed to carry a handgun at a school to the list of those who
would be permitted to do so.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
FISCAL IMPLICATIONS
DPS projects the following needs, including new personnel of one curriculum developer, one
compliance officer and two law enforcement instructors at an initial year’s cost of $485 thousand
and on-going cost of $439 thousand per year, as well as costs for collaboration with schools at
$250 thousand per year and training of instructors at $500 thousand per year.
There is no appropriation in Senate Bill 256.
SIGNIFICANT ISSUES
Concern over school shootings continues to be common among parents, school personnel and the
general public, even though statistics indicate a marked decrease in students carrying weapons to
school (according to DOH, from 12 percent in 1993 to 3 percent in 2021). New Mexico has had a
low incidence of school gun violence; in data from the New Mexico Violent Death Reporting
System, from 2013-2022 only two (1.3 percent) of homicides involving a firearm occurred in a
school and zero (0 percent) of suicides occurred in schools.
Senate Bill 256 – Page 3
The New Mexico Public School Insurance Authority (NMPISA) state:
While the issue of school violence is an important issue, allowing teachers to carry
firearms in schools may not be the best solution. Teachers are trained to educate, not to
act as law enforcement officers, and introducing firearms into the classroom could create
unnecessary risks. There is a significant chance that the presence of guns could lead to
accidents, increase tensions, and make the learning environment feel less safe for both
students and educators.
DPS notes:
The bill raises concerns regarding liability, training standards, and the psychological
fitness of school employees to handle firearms in crisis situations. While it attempts to
mitigate risks through mandatory psychological evaluations and training, questions
remain about the efficacy of a 40-hour course compared to the extensive training required
for law enforcement officers. Additionally, school districts must establish policies for
firearm security, ensuring that weapons are properly stored when not carried.
PERFORMANCE IMPLICATIONS
DPS notes its concern that sharing information about those licensed to carry concealed handguns
is subject to restrictions that may conflict with this act.
ADMINISTRATIVE IMPLICATIONS
DPS mentions the following causes of increased administrative load that would occur as a result
of passage of this bill:
The Law Enforcement Records Bureau’s Concealed Carry Unit will need to modify
its existing database to track individuals who are school employees and who have
firearm licenses, ensuring that suspensions or revocations of concealed carry permits
result in automatic revocation of school firearm licenses, and that this information is
shared with the School Employee Firearm Licensing System program.
DPS must develop and implement a structured training curriculum, administer
psychological exams, and maintain records of certified school employees. This will
require additional personnel and funding for licensing and tracking compliance.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Related to Senate Bill 136, Firearm Detection Software Fund, which proposes a different method
of improving school safety.
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