Restricting Visitors From School Property

Legal Brief

ARE SCHOOL CAMPUSES open for public use? Can a school administrator ask a rowdy attendee to leave a school sporting event? If a parent has a history of disruptive behavior, can the school district restrict that parent’s access to school property?

As concerns over safety increase, education leaders are asking about the authority to control or remove visitors on school property. Here are the basic considerations for handling this delicate matter.

A school district has control over its own property.
A school district, through its school board, has the right to control its own property, like a private owner. Simply because the government owns school property does not automatically open it to the public. A school district has authority to control the conduct of students, staff, parents and third parties while they are on school grounds.

 School officials may take reasonable steps to protect students from suspicious or disruptive activity on or near school grounds.
An Indiana court recently upheld a protective order excluding a student’s father from the school and school grounds for two years based on his threatening conduct. The tragic events in Parkland, Fla., last February reminded the court that school officials are in the best position to determine who might present a threat to the school, including former students or parents who have exhibited significant behavioral issues.

 Parents do not have an unlimited right of access to visit their child at school.
In one case in Texas, a student’s mother came on campus to observe her son in class during the instructional day. After she observed for an hour, she was asked to leave. When she refused, she was arrested for criminal trespass. The court ruled the school district did not violate the mother’s constitutional right to direct her child’s education. An exhaustive review of cases on the topic by the court revealed nothing remotely suggesting the constitution guarantees parents access to their children’s classes.

 Visitors to school property may be excluded, removed or banned from school property for various reasons.
If an individual enters school property for a reason other than an authorized, lawful purpose, the person may be denied entry, ejected or charged with a violation of law. Examples include a known car thief caught casing cars in the school parking lot; a student serving a period of expulsion; a skateboarder on campus after hours violating clearly posted signs; or a transient sheltering on school grounds.

In addition, a person who came on campus for a legitimate reason (such as attending a school event or seeking information) but who violates school rules or criminal laws can be removed. The removal may be short term — for a cooling-off period or the remainder of the event — or the removal may be for a significant amount of time. If school officials determine a visitor’s behavior has been so disruptive or threatening as to warrant issuing a criminal trespass notice, the superintendent or designee, working with district police or counsel, may be able to send a trespass notice to the individual. The notice should clarify that, because of the person’s prior actions, the district forbids the person from entering school property or attending school events for a reasonable time (such as remainder of the school year).

Penalties Prevail

Numerous aggrieved individuals, including parents, who have received such notices have sued school districts, alleging the restrictions violated their constitutional rights. In each case, however, school officials prevailed because they documented the underlying disruptive conduct, communicated clearly about expectations for conduct on school property and gave fair warning that further disruption would not be tolerated.

Each situation presents unique circumstances when balancing the legal rights and interests of parents and other visitors against the need of school districts to maintain order and security. Consult your school attorney as you apply these legal principles in your district.

JOY BASKIN is director of legal services with the Texas Association of School Boards in Austin, Texas.