Section 32211 Of Article 2. Willful Disturbance, Public Schools Or Meetings From California Education Code >> Division 1. >> Title 1. >> Part 19. >> Chapter 2. >> Article 2.
32211
. (a) Any person who is not a pupil of the public school, a
parent or guardian of a pupil of the public school, or an officer or
employee of the school district maintaining the public school, or who
is not required by his or her employment to be in a public school
building or on the grounds of the public school, and who has entered
any public school building or the grounds of any public school,
during school hours, and who is requested either by the principal of
the public school or by the designee of the principal to leave a
public school building or public school grounds, shall promptly
depart therefrom and shall not return thereto for at least seven
days. A request that a person depart from a public school building or
public school grounds shall be made by the principal, or the
designee of the principal, exclusively on the basis that it appears
reasonable to the principal, or the designee of the principal to
conclude that the continued presence of the person requested to
depart would be disruptive of, or would interfere with, classes or
other activities of the public school program.
(b) Any person who fails to leave a public school building or
public school grounds promptly upon request of the principal of the
public school or the designee of the principal made pursuant to
subdivision (a) or who, after leaving a public school building or
public school grounds pursuant to a request of the principal of the
public school, or the designee of the principal, made pursuant to
subdivision (a), returns thereto, except pursuant to subdivision (d),
within seven days, is guilty of a misdemeanor and shall be punished
pursuant to Section 626.8 of the Penal Code.
(c) Any person who is requested pursuant to subdivision (a) to
leave a public school building or school grounds may appeal to the
superintendent of the school district in which the public school is
located. That appeal shall be made not later than the second
succeeding schoolday after the person has departed from the public
school building or public school grounds. The superintendent shall,
after reviewing the matter with the principal, or the designee of the
principal, and the person seeking ingress to the public school
during school hours, render his or her decision within 24 hours after
the appeal is made, and the decision shall be binding upon both
parties. A decision of the superintendent may be appealed by the
person seeking ingress to the public school during public school
hours to the governing board of the school district in which the
public school is located. That appeal shall be made not later than
the second succeeding schoolday after the superintendent has rendered
his or her decision. The governing board of the school district
shall consider and decide the appeal at its next scheduled regular or
adjourned regular public meeting, and the decision of the governing
board shall be final.
(d) Where the office of the superintendent of the school district
or the office of the governing board of the school district is
situated in the public school building or on the grounds of the
public school from which a person has been requested, pursuant to
subdivision (a), to depart, the person may enter the public school
building or the grounds of the public school solely for the purpose
of, and only to the extent necessary for, personally making, at the
office of the superintendent or the office of the governing board, an
appeal pursuant to subdivision (c).
(e) The governing board of every school district shall cause to
have posted at every entrance to each school and grounds of the
district a notice which shall set forth "school hours," which are
hereby defined for the purposes of this section as the period
commencing one hour before classes begin and one hour after classes
end at any school, or as otherwise defined by the governing board of
the school district.
(f) For the purposes of subdivision (a), a representative of a
school employee organization engaged in activities related to
representation, as defined by Section 7104, shall be deemed to be a
person required by his or her employment to be in a school building
or on the grounds of a school.
(g) Nothing in this section shall be construed as preempting any
ordinance of any city, county, or city and county.