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:
    1. 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
    2. The person persists in that behavior.
  1. 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;
  2. Seizing control of any building or portion of a building to interfere with any administrative, educational, research, or other authorized activity;
  3. 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;
  4. Disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or
  5. 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.
  1. Emitting noise of an intensity that prevents or hinders classroom instruction.
  2. Enticing or attempting to entice a student away from a class or other school activity that the student is required to attend.
  3. Preventing or attempting to prevent a student from attending a class or other school activity that the student is required to attend.
  4. 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.
  1. On the grounds or in a building of a public school; or
  2. Entering or inside any enclosure, field, or stadium where any athletic event sponsored or participated in by a public school is being held.
  1. On private property not part of school grounds;
  2. If the individual possessing the firearm is licensed to do so by the state, and the law of the state requires that, before an individual obtains such a license, the law enforcement authorities of the state verify that the individual is qualified under law to receive the license;
  3. That is not loaded and in a locked container, or a locked firearms rack that is on a motor vehicle;
  4. By an individual for use in a program approved by a school in the school zone;
  5. By an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
  6. By a law enforcement officer acting in his or her official capacity; or
  7. That is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
  1. On private property not part of school grounds;
  2. As part of a program approved by a school in the school zone, by an individual who is participating in the program;
  3. By an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
  4. By a law enforcement officer acting in his or her official capacity.
  1. On the premises of a school, on any grounds or building owned by and under the control of a school and on which an activity sponsored by the school is being conducted, or in a passenger transportation vehicle of a school, unless pursuant to written regulations or written authorization of the school;
  2. On the premises of a polling place on the day of an election or while early voting is in progress;
  3. On the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon is used in the event;
  4. In the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to the OMA, and the entity provided required notice of the meeting.
  1. Includes language that is identical to or substantially similar to the following: "Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property";
  2. Includes the language described above in both English and Spanish;
  3. Appears in contrasting colors with block letters at least one inch in height; and
  4. Is displayed in a conspicuous manner clearly visible to the public.
  1. Exhibits or uses a firearm:
    1. In or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or
    2. On a school bus being used to transport children to and from school-sponsored activities;
  2. Threatens to exhibit or use a firearm in or on property described above or on a bus and was in possession of or had immediate access to the firearm.
  1. Carries a concealed handgun on the property of another without effective consent; and
  2. Received notice that entry on the property by a license holder with a concealed handgun was forbidden.
  1. A card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"; or
  2. A sign posted on the property that includes the language described above in both English and Spanish, appears in contrasting colors with block letters at least one inch in height, and is displayed in a conspicuous manner clearly visible to the public.
  1. Openly carries a handgun on property of another without effective consent; and
  2. Received notice that entry on the property by a license holder openly carrying a handgun was forbidden.
  1. A card or other document on which is written language identical to the following: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"; or
  2. A sign posted on the property that includes the language described above in both English and Spanish, appears in contrasting colors with block letters at least one inch in height, and is displayed in a conspicuous manner clearly visible to the public at each entrance to the property.

Note: For provisions applicable to the use of drones for law enforcement purposes, see CKEA

  1. Air carrier operations;
  2. Any aircraft subject to the provisions of 14 C.F.R. Part 101;
  3. Any operation that a remote pilot in command elects to conduct pursuant to an exemption issued under 49 U.S.C. 44807, unless otherwise specified in the exemption; or
  4. Any operation that a person elects to conduct under 14 C.F.R. Part 91 with a small UAS that has been issued an airworthiness certificate.
  1. The aircraft is flown strictly for recreational purposes.
  2. The aircraft is operated in accordance with or within the programming of a community-based organization's set of safety guidelines that are developed in coordination with the FAA.
  3. The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.
  4. The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.
  5. In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the administrator of the FAA or designee before operating and complies with all airspace restrictions and prohibitions.
  6. In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.
  7. The operator has passed an aeronautical knowledge and safety test and maintains proof of test passage to be made available to the FAA or law enforcement upon request.
  8. The aircraft is registered and marked in accordance with 49 U.S.C. Chapter 441 and proof of registration is made available to the FAA or law enforcement upon request.
  1. The use of an unmanned aircraft during a special event;
  2. The political subdivision's use of an unmanned aircraft; or
  3. The use of an unmanned aircraft near a facility or infrastructure owned by the political subdivision, if the political subdivision:
    1. Applies for and receives authorization from the Federal Aviation Administration to adopt the regulation; and
    2. After providing reasonable notice, holds a public hearing on the political subdivision's intent to apply for the authorization.
  1. With the consent of the individual who owns or lawfully occupies the real property captured in the image; or
  2. From a height no more than eight feet above ground level in a public place, if the image was captured without using any electronic, mechanical, or other means to amplify the image beyond normal human perception.

EDGEWOOD ISD-BEXAR COUNTY

GKA(LEGAL)-P

UPDATE 122

DATE ISSUED: 10/26/2023

Adopted: Date not found

Access to District Property

Authorized District officials, including school resource officers and District police officers if applicable, may refuse to allow a person access to property under the District's control in accordance with law.

District officials may request assistance from law enforcement in an emergency or when a person is engaging in behavior rising to the level of criminal conduct.

Ejection or Exclusion under Education Code 37.105

In accordance with Education Code 37.105, a District official shall provide a person refused entry to or ejected from property under the District's control written information explaining the right to appeal such refusal of entry or ejection under the District's grievance process.

A person appealing under the District's grievance process shall be permitted to address the Board in person within 90 calendar days of filing the initial complaint, unless the complaint is resolved before the Board considers it. [See FNG and GF]

Off-Campus Activities

Employees shall be designated to ensure appropriate conduct of participants and others attending a school-related activity at non-District or out-of-District facilities. Those so designated shall coordinate their efforts with persons in charge of the facilities.

Prohibitions

Tobacco andE-Cigarettes

The District prohibits smoking and the use of tobacco products and e-cigarettes on District property, in District vehicles, or at school-related activities.

Weapons

The District prohibits the unlawful use, possession, or display of any firearm, location-restricted knife, club, or prohibited weapon, as defined at FNCG, on all District property at all times.

Exceptions

No violation of this policy occurs when:

A Texas handgun license holder stores a handgun or other firearm in a locked vehicle in a parking lot, parking garage, or other parking area provided by the District, as long as the handgun or other firearm is not in plain view; or

The use, possession, or display of an otherwise prohibited weapon takes place as part of a District-approved activity supervised by proper authorities. [See FOD]

Criminal Trespass Notifications

Unless withdrawn or otherwise modified, a criminal trespass notification shall be effective for one year from the date of its issuance.

Withdrawal / Modifications

Any person who has been issued a criminal trespass notification warning by the District police department may make a request to the Superintendent or designee to withdraw or modify the warning, if the person believes the warning is not necessary or unwarranted, by engaging in the following process:

The person must contact the Superintendent or designee in writing, requesting that the warning be withdrawn or modified, explaining the reason(s) for the request, and providing a copy of all supporting documentation, if any.

The person shall provide the Superintendent or designee with contact information, including a current mailing address and telephone number.

If requested, the person shall be available for a telephone interview by the Superintendent or designee or a District police officer.

The Superintendent or designee shall review the person's request and, based on the written request and other available information, provide a written decision within ten days.

Appeal to Board

If the individual did not receive the relief requested from the Superintendent or designee, or if the time for a response has expired, he or she may appeal the decision to the Board.

The appeal notice must be filed in writing in the Superintendent's office within ten days of the date of actual receipt of the written decision or when received by mail at the person's address, whichever is earlier; or, if no response was issued, within ten days of the decision deadline.

The Superintendent or designee shall inform the individual of the date, time, and place of the Board meeting at which the complaint will be on the agenda for presentation to the Board.

Record on Appeal

The Superintendent or designee shall provide the Board the record leading to the decision being appealed. The individual may request a copy of the record.

The record shall include:

The written request and reasons for withdrawal or modification of the warning, including the supporting documentation, if any;

The written notice of appeal to the Board;

The initial complaint and any supporting documentation leading to the decision to issue the warning; and

All other documents relied upon by the Superintendent or designee in reaching the decision appealed to the Board.

Board Hearing

The Board shall provide a stop, look, and listen hearing and provide the person who is appealing the decision with an opportunity to be heard. If at the Board hearing the person appealing the decision or administration intends to rely on evidence not included in the written record, the party wishing to rely on such evidence shall provide the other party with notice of the nature of the evidence at least three days before the hearing.

The District shall determine whether the appeal will be presented in open or closed meeting in accordance with the Texas Open Meetings Act and other applicable law. [See BE]

The presiding officer may set reasonable time limits and guidelines for the presentation, including an opportunity for the individual and administration to each make a presentation and provide rebuttal and an opportunity for questioning by the Board. The Board shall hear the appeal and may request that the administration provide an explanation for the decision being appealed.

In addition to any other record of the Board meeting required by law, the Board shall prepare a separate record of the presentation before the Board. The presentation, including the presentation by the individual or his or her representative and any presentation from the administration, shall be recorded by audio recording, video/audio recording, or court reporter.

The Board shall consider the appeal. It may give notice of its decision orally or in writing at any time up to and including the next regularly scheduled Board meeting. If the Board does not make a decision regarding the appeal by the end of the next regularly scheduled meeting, the lack of a response by the Board upholds the decision by the Superintendent or designee.

EDGEWOOD ISD-BEXAR COUNTY

GKA(LOCAL)-X

UPDATE 116

DATE ISSUED: 1/6/2021

NOTICE OF APPEAL OF SUPERINTENDENT'S

DECISION NOT TO WITHDRAW OR MODIFY CRIMINAL TRESPASS NOTIFICATION

Please fill out this form completely and submit it by fax or U.S. Mail to the Superintendent's office. You may also hand deliver this form if the Criminal Trespass Notification does not prohibit you from entering the District to access the Superintendent's office. You may also seek a temporary authorization from the EISD Police Department or the Superintendent or designee to enter District property to file this form; however, if granted, the temporary authorization must be in writing; must contain the purpose, date, and time for your entry on District property; and must be in your possession at all times while on District property. The Superintendent's contact information is as follows:

(210) 444-7596 – Office

(210) 444-4602 – FAX

Address: Superintendent

5358 W. Commerce Street

San Antonio, TX 78237

A Notice of Appeal must reach the Superintendent's office not later than the tenth day following your receipt of an adverse decision or delivery of an adverse decision to your address, whichever is earlier. If you mail a Notice of Appeal, it must be post marked on or before the tenth day of receipt or delivery to your address of the adverse decision.

Please provide the following information:

Name:

Mailing address:

Telephone number:

E-Mail address:

If you will be represented in voicing your complaint, please identify the person representing you.

Name:

Mailing address:

Telephone number:

E-Mail address:

Provide a copy of the front and back of the Criminal Trespass Notification that you re- quested be withdrawn or modified.

Provide a copy of your written request to the Superintendent that the Criminal Trespass Notification be withdrawn or modified.

Provide a copy of the Superintendent's decision that you are appealing by this Notice of Appeal.

In writing, provide your argument that you wish the Board to consider in your appeal of the Superintendent's decision:

Continue on the back of this page if more space is necessary.

Provide a copy of documentary evidence, if any, that you want the Board to consider.

What was the date of your receipt of the Superintendent's decision or the date that the Superintendent's decision was delivered to your address, whichever is earliest?

Please explain how you have been harmed by the Criminal Trespass Notification.

Please describe any efforts you made to resolve the circumstances behind the issuance of the Criminal Trespass Notification, if any.

With whom did you communicate?

On what date?

What outcome resulted in your efforts?

Your Signature:

Date Submitted:

THIS IS A GOVERNMENT RECORD. A PERSON COMMITS AN OFFENSE IF HE OR SHE KNOWINGLY MAKES A FALSE ENTRY IN A GOVERNMENT RECORD. Section 37.10, Texas Penal Code.

 Check the box to acknowledge that you have read and understand this notice.

EDGEWOOD ISD-BEXAR COUNTY

GKA(EXHIBIT)-X

LDU 2014.03

DATE ISSUED: 4/28/2014