Only under the terms and direction of those supervising the building. Let them try breaking in on a Sunday and see what kind of "right to be in the building"there is. Remaining in a place they have been told not to be is trespass if they refuse. Under your scenario the pupil could refuse to leave and stay there all weekend and there would be nothing anyone could do about it. In fact you are saying a student can do whatever they want and nobody can do anything about it. And again,refusing to obey a teacher, principal and then a police officer when told to leave would constitute disorderly conduct and or trespass. period.
Criminal trespass is defined as "a person who knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent" That's exactly what the kid.
A school cannot push a child onto the street without supervision. They don't allow non-approved adults to pick up children, so why do you think they can just order a child out during school hours? That's why I said detention room if not the classroom.
This was not a case of after-hours refusal to leave. But let's for a moment entertain the idea. Would you think a teacher's first reaction to a child who doesn't want to leave school would be to call the police to drag the child out, or would the teacher first wonder what the child was afraid of and call the counsellor or child protective services?
Leaving the classroom is not leaving the school, I don't think the teacher in a classroom has the same property rights to call it trespass, and a police officer has no business enforcing a teacher's "rules" under color of authority.
-PJ