AMENDMENT TO CALALLEN ISD INNOVATION PLAN APPROVED BY BOARD, FEBRUARY 13, 2017,
AMENDED JANUARY 21, 2020
Unauthorized Persons: Refusal of Entry, Ejection, Identification (Ed. Code 37.105)
Area of Innovation:
Within our current local innovation plan, with regard to each area of innovation, the District declares exemption from the listed statutory provisions, as well as any implementing rules or regulations promulgated pursuant to those statutory provisions by any state agency or entity, including but not limited to the Commissioner of Education, Texas Education Agency, State Board for Educator Certification, and State Board of Education.
Calallen ISD has determined a need to apply for an amendment to our District Innovation Plan to allow exemptions to allow us extended flexibility under:
Texas Education Code: §37.105
Related Board Policies: GKA (LEGAL) and GKA (LOCAL). Manner in which statute inhibits the goals of the plan:
A district must maintain a record of each verbal warning issued under §37.105 (a) (2) (A), including the name of the person to whom the warning was issued and the date of issuance. At the time a person is refused entry to or ejected from a school district’s property under Section 37.105, the district must provide the person a written information explaining how to appeal. Each school board must adopt a policy that uses the district’s existing grievance process to permit a person ejected or denied entry to address the Board of Trustees in person within 90 days of the commencement of the appeal, unless the appeal is granted sooner.
Texas Education Code §37.105 includes a process for ejecting or denying entry to a visitor who presents a substantial risk of harm or behaves in a manner inappropriate for the school setting. To better ensure the safety and security of students and staff in Calallen ISD, we propose that the District not be required to maintain a record of each verbal warning of potential removal from district property/facilities, nor be required to provide written information explaining the appeal process to those who have been refused entry to district property/facilities or removed from district property/facilities. The District currently attempts to provide written notice to persons who are subject to potential refusal for entry or for removal from district property/facilities. Should an exemption from TEC §37.105 be granted, the District shall continue to provide written notice to persons who are subject to potential refusal for entry or for removal from district property/facilities in situations where the administrator on site feels it is reasonable and safe to do so. Campus and District administrators, as well as school resource officers and District police officers if applicable, may refuse to allow a person to enter or may eject a person from property under the District’s control in accordance with law. An appeal notice must be filed with the Superintendent, in writing, and submitted to the Administration Office for review.