Notice Regarding Refusal of Entry or Ejection and Appeals Process

  • In accordance with Texas Education Code 37.105, 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:

    (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.

    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 person ejected from or refused entry to District property under this provision may appeal this action by filing an appeal under FNG(LOCAL) or GF(LOCAL) and shall be permitted to address the Board in person within 90 days of the commencement of the appeal if the grievance is not resolved at a previous level 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.

    View Board Policy GKA Series for additional information.

    Trespass Appeal Process

    In accordance with policy GKA: Campus and District administrators, as well as school resource officers and District police officers if applicable, may refuse to allow a person to enter or may eject a person from property under the District's control in accordance with law. Individuals may appeal their ejection/refusal of entry by following the Belton ISD district grievance process in Policy GF. A person filing an appeal must be able to present his or her appeal to the board in person within 90 days of filing the appeal.