JLIF-R © JLIF-R ©REGULATION
SEX OFFENDER NOTIFICATION
(Sex Offender and Dangerous Juvenile Offender
Notification and Protective Measures)
To fulfill the requirements of Policy JLIF the following procedures are to be implemented.
Registered Sex Offender
Community Notification
When the local law enforcement agency notifies the District pursuant to A.R.S. 13-3825 and 13-3826 of a registered sex offender's presence in the community, the following actions shall occur:
A. A copy of the notification flyer provided by the law enforcement agency, displaying the offender's photograph and disclosing the offender's exact address, status summary, and criminal background, is to be distributed to each school and department.
B. The school principal or department supervisor shall post the notification flyer at locations where the flyer is readily accessible for viewing by staff members, students, and visitors.
C. The principal or supervisor shall inform students and staff members that a new flyer has been posted.
D. When the registered sex offender described in the notice is also a student within the District, then the provisions regarding juvenile (youthful) dangerous offenders and sex offenders shall also be followed, except that the restrictions against disclosure of information shall not apply to the information obtained in the community notification received from the local law enforcement agency.
District Restrictions on Registered
Sex Offenders
An adult registered sex offender may not be present on school property, including school buildings, grounds, and vehicles, except when:
A. The offender is the parent or guardian of a student attending the school and the offender is:
1. Attending a conference with school personnel to discuss the academic or social progress of the offender's child; or
2. Participating in child review conferences in which special education evaluation and placement decisions may be made with respect to the offender's child; or
3. Attending conferences to discuss other issues relating to the offender's child, such as student discipline, retention or promotion; or
B. The offender has obtained prior written permission from the Superintendent.
When a registered sex offender is present on school property under any of the circumstances described above, the offender must comply with the following requirements:
A. Notify the principal's office immediately upon arrival on school property;
B. Remain at all times under the direct supervision of the principal or a person designated by the principal; and
C. Notify the principal's office when the offender is departing from school property.
A staff member who observes a person or a situation that leads the staff member to a reasonable belief that the person may be a sex offender, or that a sexual assault or abuse might occur, is to promptly notify a school official of his or her belief. The school official is to notify the Superintendent and, as appropriate, law enforcement of the staff member's belief. When an individual appears to have been inappropriately contacted or approached, or has been assaulted, law enforcement is to be notified without delay. The staff member is not to confront a suspected abuser; investigation and determination is to be left to proper authorities.
When the individual under suspicion is a student in the District, the Superintendent may, pursuant to A.R.S. 8-350, request from the juvenile court the criminal history of the student to determine if the student has been adjudicated delinquent for or convicted of a dangerous offense or a violation of A.R.S. 13-1405, 13-1406, 13-1410, or 13-1417. If the criminal history provided by the court shows such an adjudication or conviction, then the District shall implement the procedures outlined below for juvenile (youthful) dangerous offenders and sex offenders.
Juvenile (Youthful) Dangerous
Offenders and Sex Offenders
When the District is notified by a juvenile court pursuant to A.R.S. 8-350 that 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 the Superintendent shall promptly notify the principal of the school where the student is in membership.
The principal shall:
A. Send notice to the student's teacher(s), and such other staff members as the principal determines appropriate to the circumstance, to contact the principal concerning a confidential matter. The noticed staff members will be provided with the information received from the juvenile court, and be directed to comply with the student record confidentiality requirements prescribed in District Policy JR. A staff member who improperly discloses confidential student information may be disciplined pursuant to District policy.
B. Confer with the student's probation officer to gather information on the student's offense, the conditions of probation, and assessment of the student as a risk factor where other students and staff members are concerned.
Where a viable risk is perceived, the principal shall notify the Superintendent who, in consultation with legal counsel and the juvenile offender's parole officer, shall determine further steps to be taken.
C. Meet without undue delay and to the extent reasonably possible, with the student's parent(s) or guardian(s), the student's teacher(s), and the student's counselor where available. Advise the parties that the student juvenile offender:
1. Cannot attend a school where a victim of the juvenile offender is in membership;
2. Cannot attend a school where a sibling of a victim of the juvenile offender is in membership;
3. Must refrain from contact with the victim of the juvenile offender or a sibling of the victim while on school property.
D. Notify the parent(s) or guardian(s) of the juvenile offender's victim of the juvenile offender's membership in a District school.
E. Upon request, make the notification information available to teachers, parents, guardians, or custodians.
Staff members are to be alert to and inform school officials of any behavior by a juvenile offender that creates an abnormal risk to members of the school community. However, each circumstance involving a student probationary juvenile offender attending a District school shall be evaluated on a case-by-case basis. Whenever possible without placing other students or adult members of the school community at risk, reasonable efforts should be made to continue the student's education, to provide supportive services, and to avoid any acts of harassment or vigilantism against the student. Although federal and state laws and rules permit the release of information concerning a student registered sex offender, discretion should be exercised when discussing or disseminating information about the student. Whenever possible, the school community should encourage and support timely and appropriate intervention toward the expected outcome that a juvenile offender's conduct will be rectified so the student will commit no further offense and will develop into a responsible, self-controlled adult.
Instruction in Protective Measures
A committee including members of the District staff, the local law enforcement agency, and such other persons as the Superintendent may determine will convene to develop instruction in protective measures against sexual offenders. These shall include, but not be limited to, techniques child sexual molesters use to charm adults and gain access to children and how sexual predators use the internet to entice students into dangerous situations. The committee is to evaluate and select materials and strategies designed to deliver age-appropriate instruction that equips students in identifying, avoiding, fleeing from, and reporting assaults and attempted assaults by sexual offenders.
Instruction in protective measures is to be incorporated into the general curriculum. Instances of the posting of a new notification of a registered sex offender in the community should be accompanied with repetition and reinforcement of protective measures students should know and apply as a defense against sexual predators.