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Unauthorized Persons

Texas Education Code § 37.105
Unauthorized Persons: Refusal of Entry, Ejection, Identification

(a) A school administrator, school resource officer, or school district peace officer of a school district may refuse to allow a person 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:

(1) the person poses a substantial risk of harm to any person; or
(2) the person behaves in a manner that is inappropriate for a school setting and:

(A) 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

(B) the person persists in that behavior.

(b) Identification may be required of any person on the property.

(c) Each school district shall maintain a record of each verbal warning issued under Subsection (a)(2)(A), including the name of the person to whom the warning was issued and the date of issuance.

(d) At the time a person is refused entry to or ejected from a school district's property under this section, the district shall provide to the person written information explaining the appeal process established under Subsection (h).

(e) If a parent or guardian of a child enrolled in a school district is refused entry to the district's property under this section, 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.

(f) 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.

(g) A school district shall post on the district's Internet website and each district campus shall post on any Internet website of the campus a notice regarding the provisions of this section, including the appeal process established under Subsection (h).

(h) The commissioner shall adopt rules to implement this section, including rules establishing a process for a person to appeal to the board of trustees of the school district the decision under Subsection (a) to refuse the person's entry to or eject the person from the district's property.

Appeals regarding refusal of entry or ejection from district property may be filed in accordance with Lipan ISD Board of Trustees Policy FNG (LOCAL) or GF (LOCAL).

A person who has been denied entry, ejected from school premises, or trespassed from school property may face criminal charges if that person remains on or in, or returns to, Lipan ISD property.



Texas Education Code § 37.107 TRESPASS ON SCHOOL GROUNDS

An unauthorized person who trespasses on the grounds of any school district of this state commits an offense. An offense under this section is a Class C misdemeanor.


Texas Education Code § 30.05 CRIMINAL TRESPASS

(a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent of the person:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

(d) An offense under this section is a Class B Misdemeanor, except a Class A Misdemeanor if the person carries a deadly weapon during the commission of the offense.