GKA(LEGAL) - COMMUNITY RELATIONS: CONDUCT ON SCHOOL PREMISES
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
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:
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 the property.
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 trespass provisions, including the appeal process.
Education Code 37.105
An unauthorized person who trespasses on the grounds of a school district commits a Class C misdemeanor. Education Code 37.107
Vehicles on School Property
A board may bar or suspend a person from driving or parking a vehicle on any school property as a result of the person's violation of any rule or regulation promulgated by the board or set forth in Education Code Chapter 37, Subchapter D. [See CLC] Education Code 37.106
· Appeals related to Refusal of Entry may be submitted according to Stanton ISD board policy GF(LOCAL), https://pol.tasb.org/Policy/Code/846?filter=GF
Disruption of Lawful Assembly
A person commits a Class B misdemeanor if the person, alone or in concert with others, intentionally engages in disruptive activity on the campus or property of a public school.
Disruptive activity means:
Obstructing or restraining the passage of persons in an exit, entrance, or hallway of any building without the authorization of the administration of the school;
Seizing control of any building or portion of a building to interfere with any administrative, educational, research, or other authorized activity;
Preventing or attempting to prevent by force or violence or the threat of violence any lawful assembly authorized by the school administration so that a person attempting to participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur;
Disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or
Obstructing or restraining the passage of any person at an exit or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats thereof the ingress or egress of any person to or from the property or campus without the authorization of the administration of the school.
This provision shall not be construed to infringe upon any right of free speech or expression guaranteed by the constitutions of the United States or the state of Texas.
Education Code 37.123
Disruption of Classes
A person, other than a primary or secondary grade student enrolled in the school, commits a Class C misdemeanor if the person, on school property or on public property within 500 feet of school property, alone or in concert with others, intentionally disrupts the conduct of classes or other school activities. It is an exception to the application of the offense that, at the time the person engaged in the prohibited conduct, the person was younger than 12 years of age.
Disrupting the conduct of classes or other school activities includes:
Emitting noise of an intensity that prevents or hinders classroom instruction.
Enticing or attempting to entice a student away from a class or other school activity that the student is required to attend.
Preventing or attempting to prevent a student from attending a class or other school activity that the student is required to attend.
Entering a classroom without the consent of either the principal or the teacher and, through either acts of misconduct or use of loud or profane language, disrupting class activities.
"School property" includes a public school campus or school grounds on which a public school is located, and any grounds or buildings used by a school for an assembly or other school-sponsored activity.
"Public property" includes a street, highway, alley, public park, or sidewalk.
Education Code 37.124
Disruption of Transportation
A person, other than a primary or secondary grade student, commits a Class C misdemeanor if the person intentionally disrupts, prevents, or interferes with the lawful transportation of students to and from school, or to or from activities sponsored by a school, on a vehicle owned and/or operated by a district. It is an exception to the application of the offense that, at the time the person engaged in the prohibited conduct, the person was younger than 12 years of age. Education Code 37.126