Can Schools Ban Parents From Campus?
When tensions rise between parents and schools, one of the most controversial steps a district can take is banning a parent from campus. In Tennessee, the law gives schools authority to protect their staff and students. But that authority is not unlimited. Parents retain important constitutional rights, and schools that ignore those boundaries can find themselves on the losing end of a lawsuit.
The Legal Foundation
Under Tennessee Code Annotated § 49-6-2008, schools have the authority to regulate who can be on campus. That statute allows principals or other authorized personnel to order anyone “improperly on the premises” to leave. If the person refuses, law enforcement can be called, and the individual can even face a Class A misdemeanor for criminal trespass.
This law gives schools real teeth in protecting their people and facilities. For example, if a parent assaults a teacher or disrupts the campus in a dangerous way, a ban is almost certain to hold up in court.
The Limits: Free Speech and Federal Law
But authority is not the same as absolute power. Parents don’t shed their constitutional rights when they step onto school property. Federal courts, including the Sixth Circuit Court of Appeals (which covers Tennessee), have made clear that schools cannot punish parents for engaging in speech that is critical but not threatening.
A case out of Tennessee, McElhaney v. Williams, illustrates this point. A parent was suspended from attending his daughter’s games after sending strongly worded text messages to the coach. The Sixth Circuit ruled in the parent’s favor, holding that the First Amendment protects criticism of school officials—even when that criticism is sharp or unwelcome. Unless the speech is threatening, harassing, or severely disruptive, schools cannot use a ban to silence it.
There’s also a critical carve-out in federal special education law. Under the Individuals with Disabilities Education Act (IDEA), parents are legally required members of their child’s IEP team. That right overrides a local trespass order. Schools must accommodate those parents—whether by phone, video conference, or other means—so that they can participate in the IEP process.
Conduct vs. Speech
The legal distinction comes down to conduct versus speech. Schools are on firm ground when they act against dangerous behavior:
• Physical assault on a teacher
• Repeated trespassing after being warned
• Shouting threats or creating a clear safety risk
But schools get into trouble when they conflate criticism with disruption. Banning a parent for sending a pointed email, voicing concerns at a meeting, or wearing a protest shirt at a football game is a recipe for a First Amendment challenge.
What Parents and Schools Should Know
For parents:
• Document your interactions in writing.
• Know that critical but non-threatening speech is protected.
• If your child has an IEP, you cannot be barred from participating in that process.
For schools:
• Provide written notice of any ban.
• Make sure your policies define “disruptive conduct” clearly.
• Never issue a ban based solely on viewpoint or criticism.
The Bottom Line
Tennessee law gives schools broad authority to keep campuses safe, but that authority has limits. Physical threats and harassment can—and should—lead to bans. But when the issue is speech, especially critical speech directed at school officials, the First Amendment draws a bright line schools cannot cross.
As with many things in education law, the safest path forward is clarity: clear policies, clear communication, and respect for the legal rights on both sides.