Applicability of Criminal Laws
The criminal laws of the state apply to the areas under the control and jurisdiction of the board. Education Code 37.101
An unauthorized person who trespasses on the grounds of a school district commits a Class C misdemeanor. Education Code 37.107
Refusal of Entry or Ejection of Unauthorized Persons
A school administrator, school resource officer, or school district peace officer may refuse to allow persons to enter on or may eject a person from property under the district's control if the person refuses to leave peaceably on request and:0
- The person poses a substantial risk of harm to any person; or
- The person behaves in a manner that is inappropriate for a school setting and:
- The administrator, resource officer, or peace officer issues a verbal warning to the person that the person's behavior is inappropriate and may result in the person's refusal of entry or ejection; and
- The person persists in that behavior.
Identification may be required of any person on property under the district’s control.
A district shall maintain a record of each verbal warning issued, including the name of the person to whom the warning was issued and the date of issuance.
At the time a person is refused entry to or ejected from a school district's property, the district shall provide to the person written information explaining the appeal process.
If a parent or guardian of a child enrolled in a school district is refused entry to the district’s property, the district shall accommodate the parent or guardian to ensure that the parent or guardian may participate in the child’s admission, review, and dismissal committee or in the child’s team established under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in accordance with federal law.
The term of a person’s refusal of entry to or ejection from a school district's property under this section may not exceed two years.
A district shall post on the district's website and each district campus shall post on any campus website a notice regarding these provisions, including the appeal process.
The board shall adopt a policy that uses the district’s existing grievance process [see FNG, GF] to permit a person refused entry to or ejected from property controlled by the district to appeal such refusal of entry or ejection. The policy must permit a person appealing under this section to address the board in person within 90 days of the commencement of the appeal, unless the appeal is granted before the board considers the appeal.
The board’s decision to grant or deny an appeal under this section is final and may only be further appealed under the applicable provisions of Texas Education Code 7.057.