File: KFA - Public Conduct on District Property

NOTE: Colorado school Boards are required by law to adopt a policy on this subject and the law contains some specific direction as to the content or language. This sample contains the content/language that CASB believes best meets the intent of the law. However, the Board should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

Persons using or upon school district property, including all district buildings, parking lots, and any district vehicle used to transport students, shall not engage in the conduct described below.

Any person considered by the superintendent or designee to be in violation of this policy shall be instructed to leave district property and law enforcement may be contacted. Any person who has engaged or district officials reasonably believe will engage in conduct prohibited by this policy may be excluded from district property.

The following conduct by any person is prohibited:

1. Any conduct that obstructs, disrupts or interferes with or threatens to obstruct, disrupt or interfere with district operations or any activity sponsored or approved by the district.

2. Physical abuse or threat of harm to any person or school district property.

3. Damage or threat of damage to district property regardless of the location, or property of a member of the community when such property is located on district property.

4. Forceful or unauthorized entry to or occupation of district facilities, including both buildings and grounds.

5. Use, possession, distribution or sale of drugs and other controlled substances, alcohol and other illegal contraband on district property, at district or school-sponsored functions or in any district vehicle transporting students. For purposes of this policy, "controlled substances" means drugs identified and regulated under federal law, including but not limited to marijuana, cocaine, opiates, phencyclidine (PCP) and amphetamines (including methamphetamine).

NOTE: The following paragraph contains language stating that the Board has adopted a policy regarding the administration of medical marijuana to qualified students. State law requires school districts to allow "primary caregivers" to administer medical marijuana to qualified students on school property, on a school bus or at a school-sponsored event. C.R.S. 22-1-119.3 (3)(d)(I). State law permits Boards to adopt a policy regarding "who may act as a primary caregiver" and establishing "reasonable parameters" upon the administration and use of medical marijuana. C.R.S. 22-1-119.3 (3)(d)(III). State law also permits schools to adopt policies authorizing designated school personnel to administer medical marijuana to qualified students. C.R.S. 22-1-119.3 (3)(d.5)(IV). Federal law regards any form of marijuana as a controlled substance. Given that federal law regards marijuana as illegal, CASB highly recommends that the Board adopt a policy establishing parameters upon caregiver administration of medical marijuana to qualified students and prohibiting staff administration of medical marijuana, unless the staff member is the student's parent/guardian. That way, the Board's policies will be consistent and clear regarding when and how the administration of medical marijuana to qualified students is permitted.

If, however, the administration of medical marijuana is in accordance with the Board's policy on administration of medical marijuana to qualified students, such possession shall not be considered a violation of this policy.

6. Distribution, manufacture or sale of controlled substances or the possession of controlled substances with intent to distribute them within 1,000 feet of the perimeter of school grounds.

7. Entry onto district buildings or grounds by a person known to be under the influence of alcohol or a controlled substance.

8. Unlawful use of any tobacco product.

9. Possession of a deadly weapon on school property or in school buildings, unless such possession is in accordance with C.R.S. 18-12-105.5 or 18-12-214 (3). For the purposes of this policy, "deadly weapon" means:

a. a firearm, whether loaded or unloaded;

b. a fixed blade knife with a blade that exceeds three inches in length;

c. a spring-loaded knife or pocket knife with a blade exceeding three and one-half inches in length; or

d. any object, device, instrument, material, or substance, whether animate or inanimate, that is used or intended to be used to inflict death or serious bodily injury including, but not limited to, a BB gun, a slingshot, bludgeon, nunchucks, brass knuckles or artificial knuckles of any kind.

10. Profanity or verbally abusive language.

11. Violation of any federal, state or municipal law or Board policy.

(Adoption date)

LEGAL REFS.: 21 U.S.C. 860 (crime to distribute or manufacture controlled substances within 1,000 feet of a school)

C.R.S. 12-47-901 (1)(h) (prohibits consumption of alcohol in any public place without a license or permit)

C.R.S. 18-9-106 (disorderly conduct)

C.R.S. 18-9-108 (disrupting lawful assembly)

C.R.S. 18-9-109 (interference with staff, faculty or students of educational institutions)

C.R.S. 18-9-110 (public buildings - trespass, interference)

C.R.S. 18-9-117 (unlawful conduct on public property)

C.R.S. 18-12-105.5 (unlawful carrying/possession of weapons on school grounds)

C.R.S. 18-12-214 (3)(a) (person with valid concealed handgun permit may have a handgun on school property as long as hand gun remains in his or her vehicle and if, while the person is not in vehicle, the gun is kept in a compartment and the vehicle is locked)

C.R.S. 18-18-407 (2) (crime to sell, distribute or possess with intent to distribute any controlled substance on or near school grounds or school vehicles)

C.R.S. 22-1-119.3 (3)(c), (d) (no student possession or self-administration of medical marijuana, but school districts must permit the student's primary caregiver to administer medical marijuana to the student on school grounds, on a school bus or at a school-sponsored event)

C.R.S. 25-1.5-106 (12)(b) (possession or use of medical marijuana in or on school grounds or in a school bus is prohibited)

C.R.S. 25-14-103.5 (Boards of Education must adopt policies prohibiting tobacco and retail marijuana use on school property)

C.R.S. 25-14-301 (Teen Tobacco Use Prevention Act)

CROSS REFS.: ADC, Tobacco-Free Schools

GBEB, Staff Conduct (And Responsibilities)

GBEC, Alcohol and Drug-Free Workplace

JICH, Drug and Alcohol Involvement by Students

JICI, Weapons in School

JLCDB*, Administration of Medical Marijuana to Qualified Students

KI, Visitors to Schools

NOTE: The exceptions in state law that permit possession of a deadly weapon on school property are that the person:

a. has legal authority to carry or possess a deadly weapon. C.R.S 18-12-105.5 (3).
b. is presenting an authorized public demonstration or exhibition for the school or an organized class. C.R.S. 18-12-105.5 (1).
c. is carrying out duties for the school district which require the use of a deadly weapon. C.R.S 18-12-105.5 (1).
d. is participating in an authorized extracurricular activity or on an athletic team. C.R.S. 18-12-105.5 (1).
e. has possession of the weapon for use in an approved educational program which includes but is not limited to any course designed for the repair and maintenance of weapons. C.R.S. 18-12-105.5 (3)(h).
f. is a school resource officer or peace officer on duty. C.R.S. 18-12-105.5 (3)(e).

[Revised November 2019]