JLIF ©SEX OFFENDER NOTIFICATION
JLIF ©(Sex Offender and Dangerous Juvenile Offender
Notification and Protective Measures)
Arizona statutes require law enforcement agencies to provide notification to the District regarding certain registered sex offenders and require courts to notify the District regarding juveniles adjudicated delinquent for "dangerous offenses" or certain sex offenses.
A. Arizona Revised Statutes (A.R.S.) 13-3825 and 13-3826 require the local law enforcement agency to notify the community, including area schools, of the presence of a registered sex offender in the community when the offender has been determined by the agency to be a “level one” offender who has been convicted of a dangerous crime against children as defined in Section 13-705, a "level two" offender (medium risk) or a "level three" (high risk) offender. The child’s school must be notified if the offender has legal custody of a child.
B. A.R.S. 8-350 directs the court to notify the District when a student attending a school in the District has been adjudicated delinquent for or convicted of and placed on probation for a dangerous offense or sexual conduct with a minor, sexual assault, molestation of a child, or continual sexual abuse of a child. Dangerous offense is defined in 8-350 as "an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person."
C. A.R.S. 13-3821 permits a juvenile court to require a juvenile who has been adjudicated delinquent for certain sex offenses to register as a sex offender until the person reaches the age of twenty-five (25), and A.R.S. 13-3825 permits a juvenile court to further require such juvenile registered sex offender to be subject to the state's community notification requirements.
It is the Governing Board's desire to create and maintain a safe environment for the District's students and staff members. Therefore, the Superintendent is directed to develop procedures to disseminate the information received from the local law enforcement agency regarding adult and juvenile registered sex offenders present in the District and to provide teachers, parents, guardians, or custodians, upon request, information received from a court pursuant to A.R.S. 8-350 concerning a juvenile who has been adjudicated for or convicted of a dangerous offense or a specified sex offense.
District Procedures
Procedures within the District shall encompass, but not necessarily be limited to:
A. Measures to disseminate information received from the local law enforcement agency to staff members, parents, guardians, or custodians when the District has been notified that a registered offender has moved into the community. When in the judgment of the Superintendent it is determined to be appropriate, the measures will include disseminating the information to students.
B. Measures to provide to teachers, parents, guardians, or custodians, upon request, information received by the District under A.R.S. 8-350, regarding juveniles adjudicated delinquent of "dangerous offenses" or sex offenses.
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Optional language: The following elements are available for inclusion at the District's discretion.
C. District restrictions on and requirements of registered sex offenders.
D. Assessment, enrollment, placement, and oversight of students about whom an A.R.S. 8-350 notification has been received.
E. Student instruction in protective measures.
F. Prohibitions against harassment of individuals or acts of vigilantism based upon information received by the District.
Adopted: November 20, 2005
LEGAL REF.:
A.R.S.
8-208
8-321
8-350
8-371
13-1405
13-1406
13-1410
13-1417
13-3821
13-3825
13-3826
20 U.S.C. 1232g(b)(7)
42 U.S.C. 14071(d)
CROSS REF.:
DJE - Bidding/Purchasing Procedures
EB - Environmental and Safety Program
GCF - Professional Staff Hiring
GDF - Support Staff Hiring
IJNDB - Use of Technology Resources in Instruction
JA - Student Policies Goals/Priority Objectives
JF - Student Admissions
JLI - Student Safety
JLF - Reporting Child Abuse/Child Protection
JR - Student Records