Notice Regarding the Refusal of Entry or Ejection of an Individual from District Property

Criminal Trespass Warning (CTW) Guide & FAQ

The Tatum Independent School District (TISD) and the TISD Police Department’s (TISDPD) priority is the safety of students, staff, and visitors. To provide a safe environment conducive to learning, the District permits only visitors with an authorized, lawful purpose to visit district premises. Texas law provides the District with several grounds for excluding a person from school property, including: (1) arrest by a peace officer for criminal violations occurring on campus; (2) criminal trespass pursuant to Texas Education Code §37.107; (3) violation of a notice of trespass pursuant to Texas Penal Code §30.05; and (4) refusal of entry or ejection pursuant to Texas Education Code §37.105. Individuals coming onto campus without an authorized purpose or engage in unlawful conduct are subject to arrest even without receiving warning that they must leave the premises.

In addition, Texas Education Code §37.105 outlines a process that authorizes school district personnel to eject or deny entry to a visitor who presents a substantial risk of harm or behaves in a manner that is inappropriate for the school setting. This Criminal Trespass Warning (CTW) Guide & FAQ is intended to inform parents and community members about TISD’s process for issuing CTWs with respect to Texas Penal Code §30.05 and §37.105. When an individual is ejected or refused entry under §37.105, the Tatum ISD Police Department (TISDPD) will provide a written CTW to the individual to document the order. Refusal to comply with an order under §37.105 or a CTW is criminal trespassing and will result in arrest. Please note that although the TISDPD intends to provide a written CTW in cases of ejection from campus or refusal of entry, a CTW provided in written or oral form may legally serve as the basis for an arrest for criminal trespassing. Please also note that §37.105 is not intended to limit a peace officer’s authority under state law to eject or restrict entry to district premises.

FAQ's

A CTW is a notice issued by a peace officer, such as a TISDPD officer, informing an individual that they are not allowed to enter or remain on District property. A CTW may be issued verbally or in writing and is legally sufficient notice under Texas law.

A CTW itself is not an arrest or a criminal charge, but refusing to comply with a CTW is a criminal offense under Texas Penal Code §30.05 and may result in immediate arrest. TISDPD officers issue CTW to individuals who are not permitted to enter or remain on District premises, including because they have been asked by school officials to leave or refused entry under Texas Education Code §37.107. A CTW may also be issued to individuals who enter district premises without authorization.

Tatum ISD Police Officers issue CTWs.

Under some circumstances, before a Criminal Trespass Warning (CTW) is issued, the District and the Tatum ISD Police Department will be required to follow the procedures required by law and Board policy GKA (Local). Under Texas Education Code §37.105, a person may be refused entry to or ejected from District property if:

  • The individual poses a substantial risk of harm to any person; or

     

  • The individual engages in behavior that is inappropriate for a school setting and, after being given

    a verbal warning, continues the behavior.

At the time the individual is refused entry or ejected from district premises, the individual will be provided with written information explaining the appeal process. The term of a person's refusal of entry to or ejection from a school district's property under this section may not exceed two years. If a parent or guardian of a child enrolled in a school district is refused entry to the district's property, the district shall accommodate the parent or guardian to ensure that the parent or guardian may participate in the child's admission, review, and dismissal committee or in the child's team established under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in accordance with federal law.

The Tatum ISD Police Department serves as the Superintendent’s designee to handle trespass, refusal, and ejection matters under Texas Education Code §37.105.
Step 1 – Verbal Warning (When Required by Law)

If a visitor engages in behavior that is inappropriate for a school setting but does not present an immediate threat, District personnel or an TISDPD officer will issue a clear verbal warning. The person will be told that their behavior is inappropriate and may result in ejection from and refusal of reentry to District property if they continue the behavior. The District records each verbal warning, including the name of the individual and the date it was issued.

Step 2 – Refusal of Entry or Ejection

If the individual poses a substantial risk of harm to others or continues the inappropriate behavior after being warned, they will be ordered to leave District property immediately. This order may come from district personnel or law enforcement. Refusal to comply with this order is a criminal offense under Texas law and will result in arrest.

Step 3 – Criminal Trespass Warning (CTW) Issuance

To document and enforce the refusal of entry or ejection, TISDPD may issue a CTW, either verbally or in writing.

Step 4 – Written Notice and Appeal Information

When a CTW is issued the individual will be provided with written information explaining the restrictions and their right to appeal. The appeal process may depend on the basis and type of CTW that was issued.

Step 5 – Recordkeeping

All CTWs, verbal warnings, and refusals of entry based on §37.105 are documented by the District. These records provide accountability and ensure compliance with state law and Board policy.

Step 6 – Appeal Process

Any person who has been issued a CTW by the TISDPD or received an order to leave district premises and not return may make a request to review the CTW or order following the District’s appeal process. For additional information, please refer to Board Policies GKA (Local), FNG (Local) and GF (Local).

Step 7 – Enforcement after a Written CTW

Returning while under a CTW may result in arrest for Criminal Trespass under Texas Penal Code §30.05.
Yes. A clear verbal order to leave from a police officer or an authorized district representative is legally sufficient notice under Texas Penal Code §30.05. If the person refuses to comply, a peace officer may take them into custody for Criminal Trespass. A written CTW is typically issued afterward to document the prohibition.
Yes. The law authorizes designated district personnel (consistent with TEC §37.105 and local policy) to refuse entry or eject individuals when safety/disruption thresholds are met. This administrative action isseparate from a CTW. TISDPD may issue a CTW to document the order and to enforce any return after such an order has been issued as Criminal Trespass under Penal Code §30.05.
Unless withdrawn or otherwise modified, a criminal trespass notification shall be effective for one year from the date of its issuance. The term of a person's refusal of entry to or ejection from a school district's property under this section may not exceed two years
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:

1. 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.

2. The person shall provide the Superintendent or designee with contact information, including a current mailing address and telephone number.

3. If requested, the person shall be available for a telephone interview by the Superintendent or designee or a District police officer.

4. 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.

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.

A person appealing under the District's grievance process shall be permitted to address the Board in person within 90 calendar days of filing the initial complaint, unless the complaint is resolved before the Board considers it. [See FNG and GF] Please note that, if criminal charges are brought against an individual for violation for a CTW, the criminal matter may become the subject of a court of law outside of the district’s appeal process.

Please note that, if criminal charges are brought against an individual for violation for a CTW, the criminal matter may become the subject of a court of law outside of the district’s appeal process.
If a parent or guardian of a child enrolled in a school district is refused entry to the District's property, the District shall accommodate the parent or guardian to ensure that the parent or guardian may participate in the child's admission, review, and dismissal committee or in the child's team established under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in accordance with federal law. You may be refused entry in other circumstances.
TISD Policy Manual (TASB): https://pol.tasb.org/Policy/Code/1042