13-2911

13-2911. Interference with or disruption of an
educational institution; violation; classification;
definitions

A. A person commits interference with or disruption of an educational institution
by doing any of the following:

1. Intentionally, knowingly or recklessly interfering with or disrupting the normal
operations of an educational institution by either:

(a) Threatening to cause physical injury to any employee or student of an
educational institution or any person on the property of an educational institution.

(b) Threatening to cause damage to any educational institution, the property of any
educational institution or the property of any employee or student of an educational
institution.

2. Intentionally or knowingly entering or remaining on the property of any
educational institution for the purpose of interfering with the lawful use of the
property or in any manner as to deny or interfere with the lawful use of the property by
others.

3. Intentionally or knowingly refusing to obey a lawful order given pursuant to
subsection C of this section.

B. To constitute a violation of this section, the acts that are prohibited by
subsection A, paragraph 1 of this section are not required to be directed at a specific
individual, a specific educational institution or any specific property of an educational
institution.

C. The chief administrative officer of an educational institution or an officer or
employee designated by the chief administrative officer to maintain order may order a
person to leave the property of the educational institution if the officer or employee
has reasonable grounds to believe either that:

1. Any person or persons are committing any act that interferes with or disrupts
the lawful use of the property by others at the educational institution.

2. Any person has entered on the property of an educational institution for the
purpose of committing any act that interferes with or disrupts the lawful use of the
property by others at the educational institution.

D. The appropriate governing board of every educational institution shall adopt
rules pursuant to title 41, chapter 6 for the maintenance of public order on all property
of any educational institution under its jurisdiction that is used for educational
purposes and shall provide a program for the enforcement of its rules. The rules shall
govern the conduct of students, faculty and other staff and all members of the public
while on the property of the educational institution. Penalties for violations of the
rules shall be clearly set forth and enforced. Penalties shall include provisions for the
ejection of a violator from the property and, in the case of a student, faculty member or
other staff violator, the violator's suspension or expulsion or any other appropriate
disciplinary action. A governing board shall amend its rules as necessary to ensure the
maintenance of public order. Any deadly weapon, dangerous instrument or explosive that is
used, displayed or possessed by a person in violation of a rule adopted pursuant to this
subsection shall be forfeited and sold, destroyed or otherwise disposed of pursuant to
chapter 39 of this title. This subsection does not do either of the following:

1. Preclude school districts from conducting approved gun safety programs on school
campuses.

2. Apply to private universities, colleges, high schools or common schools or other
private educational institutions.

E. An educational institution is not eligible to receive any state aid or
assistance unless rules are adopted in accordance with this section.

F. This section does not prevent or limit the authority of the governing board of
any educational institution to discharge any employee or expel, suspend or otherwise
punish any student for any violation of its rules, even though the violation is unlawful
under this chapter or is otherwise an offense.

G. This section may be enforced by any peace officer in this state wherever and
whenever a violation occurs.

H. Restitution under sections 8-341, 8-345 and 13-603 applies to any financial loss
that is suffered by a person or educational institution as a result of a violation of
this section.

I. Interference with or disruption of an educational institution pursuant to
subsection A, paragraph 1 of this section is a class 6 felony. Interference with or
disruption of an educational institution pursuant to subsection A, paragraph 2 or 3 of
this section is a class 1 misdemeanor.

J. For the purposes of this section:

1. "Educational institution" means, except as otherwise provided, any university,
college, community college, high school or common school in this state.

2. "Governing board" means the body, whether appointed or elected, that has
responsibility for the maintenance and government of an educational institution.

3. "Interference with or disruption of" includes any act that might reasonably lead
to the evacuation or closure of any property of the educational institution or the
postponement, cancellation or suspension of any class or other school activity. For the
purposes of this paragraph, an actual evacuation, closure, postponement, cancellation or
suspension is not required for the act to be considered an interference or disruption.

4. "Property of an educational institution" means all land, buildings and other
facilities that are owned, operated or controlled by the governing board of an
educational institution and that are devoted to educational purposes.