District counsel briefs trustees on new concealed‑carry limits, recommends work session and possible rulemaking

District legal counsel (Ally) told trustees the legislature has changed the law on concealed carry and that the district’s ability to forbid employees with a concealed‑carry permit from coming onto school property is now substantially limited.

Why it matters: counsel said the new statute narrows district discretion and that adopting enforceable rules may require formal rulemaking under the Administrative Procedure Act, which triggers public notice and comment.

Ally told the board she had drafted a multi‑page attorney‑client memo and a proposed policy drawing from model WSBA language and prior COVID‑era guidance. “Now we have no discretion and the legislature has limited our regulating power to like this much,” she said, describing the narrower range of actions available to the district.

Trustees raised confidentiality concerns about circulating the memo; one trustee cautioned against emailing the attorney‑client document because it would lose privileged control. Ally said the memo could be presented in a work session and, if appropriate, placed in an executive session for attorney‑client discussion.

On process, counsel explained that policies that function as rules may be subject to the Administrative Procedure Act’s formal rulemaking procedures, which are longer and require published notice and public comment. She offered to guide the board through the rulemaking process or to recommend adopting a district policy instead if legally appropriate.

Trustees directed staff to schedule a work session in June to review the memo, discuss whether to pursue formal rulemaking or a policy, and consider an executive session for attorney‑client review. No formal policy or rule was adopted at the meeting.