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HCPSS / POLICIES

Policy 3020 Implementation Procedures - Trespassing or Willful Disturbance

Policy Document

Implementation Procedures

  1. Building administrators are responsible for establishing procedures for admitting only authorized users to school property. This may include visitor sign-in procedures, requiring all Howard County Public School System (HCPSS) employees and visitors to wear issued identification badges, and the positive identification of contractors and vendors who visit the building for business purposes.

  2. Authorized employees may demand identification and evidence of a lawful and appropriate use of the property from any person who desires to enter or use school property. If individuals do not have lawful business, an authorized employee must warn the individuals that their continued presence on said property will be considered trespassing and that they are directed to leave. Individuals who fail to comply with the directive to leave will subject themselves to criminal prosecution on the charge of trespass. If an individual refuses to leave the school property after having been warned, the authorized employee should seek police assistance by calling 9-911 or 9-(410) 313-2200.

  3. When a person is deemed to be threatening, violent, disorderly, disruptive or otherwise appears to violate the provisions of this policy, and/or is using or attempting to utilize the property without permission or prior approval, the authorized person will inform the violator of this policy and of the likelihood that continuation of the illegal or inappropriate conduct will cause the provisions of this policy to be implemented.

  4. In order to assure the effective administration of the schools and to safeguard students and employees, Maryland law prohibits certain conduct and provides criminal penalties including imprisonment and monetary fines for an individual who:

    1. Trespasses on any school property

    2. Fails or refuses to leave school property after being requested to do so by a person authorized to deny access

    3. Willfully damages or defaces any building, furnishing, statue, monument, memorial, tree, shrub, grass, or flowers on school property

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

    5. 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

    6. 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.

  5. When an individual commits one of the offenses noted above, the building administrator may take several actions. In taking administrative action, the building administrator should consider that the individual may be the parent of a student at the school who may at times have legitimate school business to conduct at the school. School employees should encourage the involvement of individuals who are legitimate, non-disruptive school visitors. If the individual is a current HCPSS student who has not been suspended or expelled from the property, the administrator should consult Policy 9200 Student Discipline, and the HCPSS Student Code of Conduct.

  6. Administrative action can include the following:

    1. Conferencing with the individual to explain the need for a safe and secure school environment and the expectation of non-disruptive conduct.

    2. Issuing a warning letter to the individual summarizing the incident and providing written notice that disruptive behavior cannot occur and will not be tolerated.

    3. Issuing the individual a letter summarizing the disruptive behavior and any prior discussions or warnings and warning them that any further incidents will lead to the issuance of a denial-of-access letter.

    4. Issuing a denial-of access letter to individuals who are not parents of students enrolled at the school.

    5. Issuing a denial-of-access letter to individuals who are parents of students enrolled at the school. Denial-of-access letters should address the manner in which the individuals may continue to discuss legitimate school issues regarding their child, to the extent that it will not (in the administrator’s judgment) create a disturbance to school activities through one or more of the following:

      1. Requiring advance permission prior to coming to school;

      2. Requiring the individual to have all communications and/or visits directed to one specified individual;

      3. Requiring that an administrator always be present during any meetings with teachers or HCPSS employees;

      4. Requiring that any contact with the school be undertaken by another parent or legal guardian;

      5. Requiring the parent to communicate only through email, letters, or other written communication to the school.

      6. Calling the police department or school resource officer if the building administrator believes that school employees, students or others are threatened or help is needed to restore the order and safety of the school;

      7. Filing criminal charges against the individual with the approval of the Office of Safety and Security.

      8. Taking any other reasonable restrictions/accommodations which would permit parent communication while preserving the order and the safety of the school.

  7. When a decision has been made to deny further access to school property, whether or not criminal charges have been brought, the building administrator will mail letters by both regular and certified mail to the violator, or to the parent(s) of any student(s) involved. The letter should include the following:

    1. The date(s) of the incident(s)

    2. The incident(s) causing the action

    3. The appropriate laws, policies, and/or codes that apply

    4. The clear directive not to enter school property or be liable for trespass

    5. The time period during which the notice is in effect (including an expiration date) if appropriate or a statement that it is in effect until further notice

    6. An invitation to further discuss the matter with the building administrator.

  8. An individual who receives a denial-of-access letter may appeal to the building administrator’s immediate supervisor. Decisions of the administrator’s supervisor may be appealed to the Superintendent/designee.

  9. A copy of the letter is to be sent to the Office of School Security, and in the case of an HCPSS student from another school, to the principal of the student’s assigned school.

  10. The Office of School Security will maintain a list of all individuals who have been denied access to school property via a denial-of-access letter and will notify the appropriate building administrator when the term of the denial has expired.

  11. The Office of School Security will serve as the liaison to the HCDP in matters related to implementation of this policy, including informing the HCDP of individuals who have been denied future access to school property.

  12. When a HCPSS student is determined to be trespassing, the administrator of the student’s assigned school will take appropriate disciplinary action in accordance with Policy 9200 Student Discipline, and the HCPSS Student Code of Conduct.

  13. When a HCPSS employee is determined to be trespassing, the employee’s immediate supervisor will take appropriate disciplinary action in accordance with Policy 7030 Employee Conduct and Discipline.

  14. History

ADOPTED: August 23, 1990

REVIEWED: July 1, 2012

MODIFIED: December 5, 2019

REVISED:

  • July 24, 1997

  • April 6, 2006

EFFECTIVE: December 5, 2019

Policy History Key

  • Adopted-Original date the Board took action to approve a policy
  • Reviewed-The date the status of a policy was assessed by the Superintendent’s Standing Policy Group
  • Modified-The date the Board took action to alter a policy that based on the recommendation of the Superintendent/designee did not require a comprehensive examination
  • Revised-The date the Board took action on a that policy based on the recommendation of the Superintendent/designee needed a comprehensive examination
  • Effective-The date a policy is implemented throughout the HCPSS, typically July 1 following Board action.