KBS Reference Desk: Administrator Deny Entry

Q: A parent verbally attacked our coaches during the Friday night football game last week. The police officer on duty instructed the parent to calm down, but insults continued. If the parent behaves inappropriately at the game this week, what option do we have to remove him without issuing criminal trespass warnings or getting law enforcement involved?

A: School administrators have the authority to eject or deny entry to a visitor who presents a substantial risk of harm or behaves in a manner inappropriate for a school setting.

Under Texas Education Code section 37.105, a school administrator, school resource officer, or school district peace officer may refuse to allow a person to enter on or may eject a person from property under the district’s control if the individual is verbally warned that his behavior may result in removal and the individual persists in the inappropriate action. If the person poses a substantial risk of harm, he can be ejected or denied entry without issuance of a verbal warning.

Commissioner rules went into effect on August 26, 2018 that provide greater guidance on application of this fairly new statute. At the time the individual is refused entry or ejected, he must be provided written notice of his right to appeal the removal through the district’s grievance process adopted in board policy FNG for parents and GF for community members. If the individual files a grievance, he must be provided the opportunity to address the board within 90 days. This means the appeal process may need to be expedited in order to allow the employee to appeal to the highest level within the 90 day period, should the grievance remain unresolved at a lower level. In addition, the District must maintain a written record of each verbal warning issued, including the name of the person to whom the warning was issued and the date of issuance. Finally, notice of the District’s authority to eject or refuse entry under this section must be posted on the district’s website. TASB model forms for internet notice and notice to the person who is being refused entry are available at GKA (Exhibit). You will need to utilize TASB Regulations Resource Manual to access policy Exhibit forms.

The statute provides that the length of time a person may be refused entry for any one violation may not exceed two years. Also note, a parent’s right to participate in his child’s education does not grant him access to school property if he is excluded for disruptive or criminal conduct. However, the parent must be allowed to participate in his child’s admission, review, and dismissal (ARD) committee or in the child’s 504 team, in accordance with federal law. 19 Tex. Admin. Code § 103.1207.

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