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Notice of Right to Refuse Entry or Eject Persons

Three Way ISD Policy
Refusal of Entry, Ejection, and Appeals Process

Policy Statement
In accordance with Texas Education Code §37.105, Three Way ISD authorizes school administrators, school resource officers, or district peace officers to refuse entry to or eject any person from District property if that person refuses to leave peaceably upon request and:

  1. Poses a substantial risk of harm to any individual; or
     
  2. Engages in behavior that is inappropriate for a school setting and, after a verbal warning regarding the inappropriate behavior, persists in such behavior.
     

Identification Requirement
All persons on District property may be required to present identification upon request.

Verbal Warnings
The District shall maintain a record of each verbal warning issued, including the name of the individual warned and the date the warning was given.

Written Notice and Appeals
At the time of refusal of entry or ejection, the individual will be provided with written notice explaining the appeals process. If a parent or guardian of a student is refused entry, the District shall make accommodations to ensure the parent or guardian may fully participate in the student’s Admission, Review, and Dismissal (ARD) committee or Section 504 team meetings, in compliance with federal law.

Duration of Refusal or Ejection
The period of refusal of entry or ejection from District property shall not exceed two (2) years.

Appeals Process
An individual who has been refused entry or ejected may appeal the action in accordance with District Policy GF (Local). The individual is entitled to present the appeal to the Three Way ISD Board in person within ninety (90) days of filing the appeal if the matter is not resolved at a prior level.

The Board’s decision regarding the appeal is final and may only be further appealed under applicable provisions of Texas Education Code §7.057.

Reference
For additional guidance, see Board Policy GKA (Local) regarding campus and district security and trespass procedures.