No Trespass” Procedures 2015 - Omaha Public Schools [PDF]

A Ban/Bar Letter is warranted when an individual or group: 1. Present a risk to the safety of others resulting in the li

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“Ban & Bar/No Trespass” Procedures 2015 (State Statute 28-520 to 28-522)

Excerpt OPS Policy 1102 (pg. 161). Disruption of the orderly process of the school is prohibited. The principal or his/her designee is authorized to deny access, ban or bar future access, remove or request the removal of any visitor whose behavior is disruptive to the educational/working environment of the school. A Ban/Bar Letter is warranted when an individual or group: 1. Present a risk to the safety of others resulting in the likelihood of violence (i.e. specific threats, posturing, or actions) 2. Present a disruption to the learning environment adversely affecting students/staff (i.e. yelling or destroying property) 3. Repeat failures to follow school policy/procedures (i.e. refuses direction from school administrators or check-in process) 4. Does not have legitimate purpose to be on school grounds or activities (i.e. loitering or wandering inside building)

Duration: An individual in receipt of a “No Trespass or Ban/Bar Restriction” may not come onto the grounds of an issuing school. All restrictions are applicable from date of issuance through the subsequent summer and are made void, unless otherwise specified, each August.

Process: 1.

When disruptions occur that meet above criteria, either contact the OCSFE for conversation or Submit Ban/Bar Form found on Office 365: Sites, OSS, OCSFE, Ban/Bar Folder. Send to OCSFE Secretary. The OCSFE will advise and support one of the below options or a more appropriate response within 24hrs: A) Face to Face Meeting/Contract: Is an agreement between the visitor, Principal, and the District to adhere to content, of contract, and assist visitors with maintaining access to OPS schools and maintaining a positive status with the District. B) Ban/Bar Warning Letter: Identifies to visitors whose behavior(s) are disruptive to the educational/working environment that their actions have been recorded with the District and additional conduct will result in Ban/Bar. C) Ban/Bar Letters: Prohibit access to OPS grounds and facilities, without written/verbal consent, for the duration of the school year; sometimes, longer as warranted. D) No Trespass: Typically for students on the grounds of schools they are not enrolled and there is no cause to be there.

2. 3. 4. 5.

Copies of letter will be sent to school Principal(s)/ED/OCSFE/Matt Ray/ and Roddie Miller. OCSFE will update and upload document in Contact Log School Administrator is to communicate current Ban/Bar Restriction to restricted person(s). When the letter is Unclaimed/Attempted Unknown, OCSFE, will inform school and resend to alternate address, if available; or as circumstances require an SRO will deliver w/school administrator to restricted individual.

“Ban/Bar or No Trespass” Appeals Process 2015

Appeals Process: A. The Ban/Bar appeal must be submitted in writing to the OPS Ban/Bar Appeals Review Committee (OBBARC) within seven (7) school days after the letter is served/received. B. Written appeals should be faxed, hand-delivered, or mailed to: Omaha Public Schools Office of Community, School and Family Engagement 3215 Cuming Street Omaha, NE 68131-2024 C. Failure to file a timely appeal will waive the right for an individual to receive an appeal. D. Written appeals should include: a. Appellant’s contact information, including address, telephone number, and email address. b. Date of issuance of the Ban/Bar and location. c. Reason for being on District property at the time of the incident. d. Future need to be on District property. e. Any other information appellant wishes to be considered. f. Whether a hearing is requested regarding the current incident. E. Upon receipt of a timely appeal, the OBBARC will impartially provide a second review of appealed case. F. The committee will either uphold, rescind, or modify the Ban/Bar in a written decision emailed to involved OPS school(s), and applicable administrators, (see procedures), and mailed to appellant at the address provided in written appeal. G. Reviews will be complete and communicated within 10 school days from receipt of appeal. H. During review process, the original restriction(s) will remain in effect until the appeals process is complete. I. If the Ban/Bar is upheld and the subject of the Notice returns to a restricted area, he or she will be subject to arrest under the laws of the State of Nebraska Section 28-520 to 28-522, Revised Statues 1943.

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