5450.1 - Notification of Sex Offenders

 

Adoption Date: 11/9/2000, Revised: 7/1/2010 
5000 - Students

5450.1 Notification of Sex Offenders

The Board of Education acknowledges the efforts of local law enforcement to notify the District when a person with a history of sex offenses against a child is being paroled or released into the community, in accordance with the provisions of the Sex Offender Registration Act, commonly known as Megan’s Law. The purpose of this notification is to protect members of the community, particularly children, by notifying them of the presence of individuals in their midst who may present a danger. The District shall cooperate with local law enforcement agencies in this endeavor.

Information provided by local law enforcement officials pursuant to Megan’s Law may be posted in an appropriate location in all school buildings. In addition, the Superintendent of Schools oversees the dissemination of such information as appropriate to staff who typically might come into contact with an offender in the course of doing their jobs, such as Building Principals, staff who issue visitors’ passes, bus drivers, custodians, playground monitors, security personnel, and coaches.  Staff members and community residents shall be informed of the availability of the information, upon request.  Any requests to the District for the information provided by the law enforcement agencies should be directed to the District Clerk consistent with the procedures under the Freedom of Information Law (“FOIL”).

Content of Notification

Offender information for release:

1.    Offender name

2.    Offender Photograph (if provided by local law enforcement agencies)

3.    Crime for which the offender was convicted

4.    Length and conditions of parole

5.    Date of offender’s release from prison

6.    The home/work address is not provided to the Superintendent

7.    Additional information may be available through the local law enforcement agencies

There will be no public notice when the offender is convicted of the sexual abuse of his/her children or any other circumstances where the release of the information will inadvertently identify the victim. This decision on the victim identification question will be made on a case-by-case basis following discussions with the Board and local law enforcement officials.

Special Circumstances Whereby Sex Offenders May Enter Upon School Grounds

The District recognizes and complies with New York State Law (as it might be amended from time to time) that currently provides that:

As a mandatory condition of the sentence for sex offenders placed on probation or conditional discharge whose victim was under the age of eighteen (18) or who has been designated a Level 3 sex offender, a court must require that such sentenced offender refrain from knowingly entering into or upon school grounds or any other facility or institution primarily used for the care or treatment of persons under the age 18 while one or more of such persons is present.

However, by exception, entrance upon the premises shall be provided to the sentenced sex offender under the following conditions subject to the written authorization of his/her parole officer and the superintendent or chief administrator of the facility for the limited purposes authorized by that person:

a)    The offender is a registered student; or

b)    The offender is in a parental relationship with a student enrolled in the facility and is visiting the District specifically to deal with that student’s school activities. 
 

The Superintendent shall establish any necessary regulations for implementing this policy with the advice of the school attorney.

The District’s procedures will be reviewed by the Board periodically.

Policy References:
42 U.S.C. §1407(d)
Correction Law, Article 6-C (Sex Offender Registration Act)
Doe v. Pataki, 1998 WL 230955 (S.D.N.Y. May 7, 1998) (current injunction)
Doe v. Pataki, 120 F.3d 1263 (2d. Cir. 1997), cert. denied, 118 Sup. Ct. 1066 (1998)

Policy Cross References:
 » 1120 - School District Records