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HCPSS / POLICIES

Policy 3020 – Trespassing or Willful Disturbance

The purpose of this policy is to define the circumstances and conditions under which individuals are allowed access to school property, to define the circumstances and conditions under which access may be denied, to define the procedures for denying future access, and to establish the procedures for responding to an incident of trespassing or willful disturbance.

Policy Document

Implementation Procedures

I. Policy Statement

The Board of Education encourages the participation of families and the community in public schools. The Board further encourages the use of school facilities for community purposes when such use does not interfere with the scheduled school program. The Board recognizes its primary responsibility to provide a safe and nurturing educational and work environment, and its legal authority to act when anyone willfully disturbs or otherwise prevents the orderly conduct of school system instruction, administration or activities.

II. Purpose

The purpose of this policy is to define the circumstances and conditions under which individuals are allowed access to school property, to define the circumstances and conditions under which access may be denied, to define the procedures for denying future access, and to establish the procedures for responding to an incident of trespassing or willful disturbance.

III. Definitions

Within the context of this policy, the following definitions apply:

  1. Authorized Employee – A member of the Board of Education of Howard County, Superintendent, principal, school resource officer, employee, or any person designated in writing by any of these persons as an agent of the school system for purposes of this policy.

  2. Building Administrator – The employee responsible for a particular school system property. The building administrator for a school is the principal. The building administrator for a non-school building is the building manager.

  3. Denial-of-Access Letter – A written notice served on or mailed to a person (or the person’s parent) by the building administrator or the Superintendent/designee stating that the person is not permitted on school property or permitted to participate in a school-sponsored event for a defined period of time.

  4. Parent – Any one of the following, recognized as the adult(s) legally responsible for the student:

    1. Biological Parent – A natural parent whose parental rights have not been terminated.

    2. Adoptive Parent – A person who has legally adopted the student and whose parental rights have not been terminated.

    3. Custodian – A person or agency appointed by the court as the legal guardian of the student and granted parental rights and responsibilities.

    4. Guardian – A person who has been placed by the court in charge of the affairs of the student and granted parental rights and responsibilities.

    5. Caregiver – An adult resident of Howard County who exercises care, custody or control over the student, but who is neither the biological parent nor legal guardian, as long as the person satisfies the requirements of the Education Article, §7-101(c) (Informal Kinship Care) or has a U.S. Department of Health and Human Service’s Office of Refugee Resettlement (ORR) issued Verification of Release form entering into custodial arrangement with the federal government.

    6. Foster Parent – An adult approved to care for a child who has been placed in the home by a state agency or a licensed child placement agency as provided by the Family Law Article, §5-507.

  5. School Property – Any property owned or leased by the Howard County Public School System (HCPSS) or used by HCPSS for school-related activities. The concept of property extends to school activities such as field trips, use of parks and recreation facilities, proms at hotels, etc. School buses, bus stops, and facilities scheduled by the school system for student use are considered an extension of school property.

  6. School Resource Officer (SRO) – A law enforcement officer who has been assigned to a school in accordance with the SRO Memorandum of Understanding between the Howard County Department of Police (HCDP) and the HCPSS.

  7. School-Sponsored Event – An activity, event, or meeting developed or organized by the HCPSS, with the knowledge and approval of the associated school principal, that is under the direction and control of an authorized HCPSS employee working within the scope of one’s duties, where the HCPSS assumes full responsibility and liability for the program, event, or action.

  8. Trespassing – Entrance onto school property or participation in a school-sponsored event by an individual who is not identified as an authorized user of the property, and who has been given prior legal notice that entry onto or use of the property has been denied or who remains on the property once notified of the request to leave.

  9. Willful Disturbance – Conduct by an individual who:

    1. Willfully disturbs or otherwise willfully prevents the orderly conduct of activities, administration, or classes at a school.

    2. Molests or threatens with bodily harm any student, employee, or other individual lawfully on school property, on a school bus, or at a school-sponsored event off school property.

    3. Threatens with bodily harm any employee at home by any means, including in-person, by telephone, or by electronic means if the threat arises out of the scope of the employee’s employment.

IV. Standards

  1. An authorized employee may deny access to HCPSS property to any person who:

    1. Is not a bona fide, currently registered student at the property or an HCPSS employee assigned to the property and who does not have lawful business to pursue at the site; or

    2. Is a bona fide, currently registered student at the school and has been suspended or expelled from the property, for the duration of the suspension or expulsion; or

    3. Is an employee or student who has been denied access to the property as a result of administrative action; or

    4. Creates a willful disturbance.

  2. In accordance with Section IV.A. above, employees of the HCPSS, contracted security officers and school resource officers may demand identification and evidence of a lawful and authorized use of the property from any person who desires to enter school property, participate in a school-sponsored event, or use school property.

  3. In accordance with theMemorandum of Agreement between the HCDP and the HCPSS (Private Property Owners), a police officer may demand identification and evidence of a lawful and authorized use of HCPSS property and may deny access to HCPSS property when the school system official authorized to carry out these actions are not on the school property.

  4. Criminal charges may be filed against a person for trespassing or willful disturbance.

  5. An individual must be warned by an authorized employee not to enter school property or a school-sponsored event before a criminal charge of trespass can be sought. This may be done orally, through signs designating restricted areas, through written notification, or through published guidelines for appropriate use of the property.

  6. An individual who receives a denial-of-access letter and who must visit the property for non-school events outside of normal school hours (during the exercise of his/her constitutional rights), may do so at the discretion and with the permission of the event’s sponsor(s). Decisions of the administrator’s supervisor may be appealed to the Superintendent/designee.

  7. An individual who receives a denial-of-access letter may appeal the matter to the building administrator’s immediate supervisor.

  8. Violation of a denial-of-access letter constitutes trespassing.

  9. All HCPSS property and buildings are closed for all users from 11:00 p.m. to 5:00 a.m. daily, unless an exception is made for a particular individual or group by the appropriate building administrator or Superintendent/designee.

V. Responsibilities

  1. Building administrators will establish procedures for admitting only authorized users to school property.

  2. Building administrators will investigate instances of alleged violations of this policy and take appropriate action, except when it may be appropriate to deny access to multiple properties, in which case the Superintendent/designee will be responsible.

  3. Building administrators will issue denial-of-access letters, maintain a file of issued letters, and forward copies of all letters to the Superintendent/designee.

  4. The Superintendent/designee will maintain a list of all persons who have received denial-of-access letters and disseminate such information as appropriate.

  5. The Superintendent/designee will serve as the liaison to the HCDP in matters related to the implementation of this policy.

VI. Delegation of Authority

The Superintendent is authorized to develop procedures for the implementation of this policy.

VII. References

A. Legal

  • The Annotated Code of Maryland, Education Article, Sections 26-101 and 26-102

  • The Annotated Code of Maryland, Criminal Law Article, Section 6-409

  • The Annotated Code of Maryland, Criminal Law Article, Section 27-643(b)

B. Other Board Policies

C. Relevant Data Sources

D. Other

  • Denial-of-Access Letter

  • HCPSS Student Code of Conduct

  • Memorandum of Agreement between the Howard County Police Department And The Howard County Public School System (Private Property Owners)

  • Memorandum of Understanding: Law Enforcement Unit SRO Memorandum of Understanding between the Howard County Department of Police (HCDP) and the Howard County Public School System (HCPSS)

VIII. History

ADOPTED: August 23, 1990

REVIEWED: July 1, 2012

MODIFIED: December 5, 2019

REVISED:

  • July 24, 1997

  • April 6, 2006

EFFECTIVE: December 5, 2019