3144 Release of Information Concerning Student Sexual and Kidnapping Offenders

The district recognizes its responsibility for the health and safety of all students, including students required to register as sex or kidnapping offenders enrolled within the district.  Therefore, the board is desirous of taking appropriate precautionary measures in situations where the building principal has been advised by law enforcement officials that a student required to register as a sex or kidnapping offender is enrolling or is attending a school within the district.

Principal Responsibilities

Principals are required to respond to notification by law enforcement and to disseminate information about students required to register as sex or kidnapping offenders to appropriate staff within the school based on the following offender levels:

A.  Level I

Sex offenders are classified as Level I when their risk assessments indicate a low

risk of re-offense within the community at large.

B.  Level II

Sex offenders are classified as Level II when their risk assessments indicate a

moderate risk of re-offense within the community at large.

C.  Level III

Sex offenders are classified as Level III when their risk assessments indicate a high

risk of re-offense within the community at large.

A principal receiving notice must disclose the information received as follows:

A.  If the student who is required to register as a sex offender is classified as a risk Level

II or III, the principal shall provide the information received to every teacher of any student required to register and to any other personnel who, in the judgment of the principal, supervise the student or for security purposes should be aware of the student’s record.

B.  If the student who is required to register as a sex offender is classified as a risk Level

I, the principal shall provide the information received to personnel who, in the judgment of the principal, for security purposes, should be aware of the student’s record.

C.  Students required to register as kidnapping offenders are not subject to leveling and

therefore should be treated on a case-by-case basis.

The principal shall designate additional school personnel to be notified following consultation with probation/parole (or the student’s family if not on court supervision) in order to identify or recognize high-risk situations.  The following staff should be considered:  district superintendent or designee; adjacent building principals; appropriate administrative and teaching staff; security personnel; volunteers or paraprofessionals working in the student’s classrooms; counselors; coaches; advisors; nurses; bus drivers; custodians; district daycare providers; and playground supervisors who may have contact with the student.

Collaboration

The principal shall work with local law enforcement to coordinate the receipt of notifications regarding students registered as sex or kidnapping offenders.  The principal or designee shall also consult and collaborate with the department of corrections, juvenile justice staff, treatment providers, victim support groups, and families, as applicable, when working with students required to register as sex or kidnapping offenders.

Confidentiality

The principal and school staff will maintain confidentiality regarding these students, the same as with all other students in the school.  Any written information or records received by a principal as a result of a notification are confidential and may not be further disseminated except as provided in state or federal law.

Immunity from Liability

Any school district or employee who releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.

Inquiries by the Public

Inquiries by the public at large (including parents and students) regarding students required to register as sex or kidnapping offenders are to be referred directly to local law enforcement.  Law enforcement agencies receive relevant information about the release of sex and kidnapping offenders into communities and decide when such information needs to be released to the public.

Student Rights and Responsibilities

All students, including those students required to register as sex or kidnapping offenders, have a constitutional right to a public education.  A student required to register as a sex or kidnapping offender is also required to notify law enforcement of his/her intent to enroll in school.

Written Procedures

The superintendent or designee shall adopt written procedures for school principals describing how they will disseminate information received from law enforcement to appropriate school personnel.

Cross References:

Board Policy 3143                  District Notification of Juvenile Offenders

Board Policy 3120                  Enrollment

Legal References:

RCW 4.24.550                        Sex offenders – and kidnapping offenders – Release of information to public – When authorized – Immunity

 

RCW 28A.225.330(4)            Enrolling students from other districts – Requests for information and permanent records – Withheld transcripts – Immunity from liability – notification to teachers and security personnel – Rules

 

RCW 13.40.215                      Juveniles found to have committed violent or sex offense or stalking – Notification of discharge, parole, leave, release, transfer, or escape – To whom given – School attendance – Definitions

 

RCW 72.09.345                      Sex offenders – Release of information to protect public – End-of-sentence review committee – Assessment – Records access – Review, classification, referral of offenders – Issuance of narrative notices

 

RCW 9A.44.130(1)(e)(i)         Registration of sex offenders and      kidnapping offenders – Procedures – Definition – Penalties

 

RCW 13.04.155                      Notification to school principal of conviction, adjudication, or diversion agreement – Provision of information to teachers and other personnel –Confidentiality

 

Family and Educational and Privacy Rights Act of 1994 (20 U.S. Code Section 1232g et.seq)

Art. IX, Section 1,WashingtonStateConstitution

 

Management Resources:

Policy News, December 2006 Student Sex and Kidnapping Offender Notice Requirements

 

 

Adoption Date:  3.07

Methow Valley School District    

WSSDA:  12.06

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