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

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 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 loaded and 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Unless withdrawn or otherwise modified, a criminal trespass notification shall be effective for one year from the date of its issuance.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 112

DATE ISSUED: 1/31/2019