GKA(LEGAL) - COMMUNITY RELATIONS: CONDUCT ON SCHOOL PREMISES

Applicability of Criminal Laws

Trespass

Refusal of Entry or Ejection of Unauthorized Persons

  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.

Vehicles on School Property

Disruption of Lawful Assembly

  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.

Free Speech

Disruption of Classes

  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.

Disruption of Transportation

Tobacco and E‑Cigarettes

Smoking in Buildings

Criminal Penalty

Defense

Facilities for Extinguishment

Alcohol

Intoxicants

  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.

Fireworks

Federal Gun-Free School Zones Act

  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.

Possession of Weapons

  1. Onto the physical premises (a building or portion of a building) of a school;
  2. Onto any grounds or into a building in which an activity sponsored by a school is being conducted; or
  3. On a passenger transportation vehicle of a school.

"Premises" Defined

Excepted Persons

  1. Peace officers or special investigators regardless of whether engaged in the actual discharge of the officer's or investigator's duties;
  2. Parole officers while engaged in the actual discharge of the officer's duties;
  3. Community supervision and corrections department officers while engaged in the actual discharge of the officer's duties;
  4. An active judicial officer who is licensed to carry a handgun;
  5. An honorably retired peace officer or other qualified retired law enforcement officer, as defined by 18 U.S.C. Section 926C, who holds a certificate of proficiency and is carrying a photo identification verifying that the officer qualifies for this exception;
  6. The attorney general or a United States attorney, district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun;
  7. An assistant United States attorney, assistant attorney general, assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun;
  8. A bailiff designated by an active judicial officer who is licensed to carry a handgun and engaged in escorting the judicial officer;
  9. A juvenile probation officer who is authorized to carry a firearm; or
  10. A person who is volunteer emergency services personnel if the person is carrying a handgun under the authority of Government Code, Chapter 411, Subchapter H; and engaged in providing emergency services.

Transportation or Storage of Firearm in School Parking Area

Volunteer Emergency Services Personnel

Exhibition of Firearm

  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.

Trespass—Concealed Carry of Handgun

  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.

Notice / Sign—Concealed Carry of Handgun

  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.

Exception

Unauthorized Notice

Trespass—Open Carry of Handgun

  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.

Notice / Sign—Open Carry of Handgun

  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.

Exception

Interscholastic Events

Board Meetings

Board Authorization

Drones

Federal Law

Small Unmanned Aircraft

Small Aircraft Systems

  1. Air carrier operations;
  2. Any aircraft subject to the provisions of 14 C.F.R. Part 101; or
  3. Any operation that a remote pilot in command elects to conduct pursuant to an exemption issued under Section 333 of Public Law 112–95, unless otherwise specified in the exemption.

Model Aircraft

  1. The aircraft is flown strictly for hobby or recreational use;
  2. The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;
  3. The aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;
  4. The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and
  5. When flown within five miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation.

State Law

Regulation Limited

Exception
  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.

Privacy Law

  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.

Detroit ISD

GKA(LEGAL)-P

UPDATE 114

DATE ISSUED: 10/17/2019