ACCA-AP: Sexual Offenders on School Property
DEFINITION
A sexual offender is defined in NDCC 12.1-20-25.
A parent sexual offender is an individual who meets this policy’s definition of sexual offender and who has either parental or legal guardianship rights to a child attending a district school.
A nonparent sexual offender is an individual who meets this policy’s definition of sexual offender and who has no parental rights or legal guardianship rights to a child attending a district school.
A student sexual offender is an individual who meets this policy’s definition of sexual offender and who is enrolled in a district school.
School property includes all land within the perimeter of the school site and all school buildings, structures, facilities, computer networks and systems, and school vehicles, whether owned or leased by the school district.
NONPARENT SEXUAL OFFENDERS
A nonparent sexual offender is prohibited from entering school property except:
- When they are a qualified voter and are entering school property solely for the purpose of casting their vote.
- To attend an open meeting as defined in NDCC chapter 44-04, and/or
- Under other circumstances on a case-by-case basis, as determined by the superintendent.
- A nonparent sexual offender who attempts to communicate electronically with a student while the student is on school property will be considered on school property without permission and will be in violation of this policy.
PARENT SEXUAL OFFENDERS
Parent sexual offenders are prohibited from entering school property except for purposes outlined in section 1(a) -(c) of this policy, and with the superintendent’s prior written approval, and only to the extent set out therein, in the following instances:
- To transport their child to and/or from school.
- To attend a conference to discuss their student’s progress, placement, or individual education plan (IEP), and/or,
- Under other circumstances, on a case-by-case basis, as determined by the superintendent.
A parent sexual offender who attempts to communicate electronically with a student other than their own child while the student is on school property will be considered on school property without permission and will be in violation of this policy.
STUDENT SEXUAL OFFENDERS
The superintendent shall determine the appropriate educational placement for student sexual offenders except those identified as having a disability. When determining educational placement, the superintendent shall consider such factors as the safety and health of the student population. The superintendent shall develop guidelines for managing each student sexual offender in district schools. If the superintendent determines that, in the best interest of the district schools, the student sexual offender should be placed in an alternative educational setting, the district shall pay for the costs associated with this placement.
An IEP team shall determine the educational placement of a student sexual offender with a disability. The student with a disability is entitled to all due process procedures available to a student with a disability under the Individuals with Disabilities Education Act. The IEP team shall develop procedures for managing each student sexual offender with a disability that attends a district school. If the IEP team determines that the student sexual offender should be placed in an alternative educational setting, the district shall pay for the costs associated with this placement.
GENERAL PROVISIONS
The superintendent will inform the appropriate principal and other relevant district staff of the scope of the permission granted to each sexual offender.
The superintendent shall establish a process for identifying sexual offenders and will inform known sexual offenders of this policy. Lack of notification does not excuse sexual offenders from abiding by the requirements and prohibitions in this policy. It is not the intent of the district to expand or modify the district's potential liability exposure through the implementation of this notification system. The district's voluntary creation of this safety precaution shall not be construed to create or assume any potential liability under any local, state, or federal law or regulation. Lack of notification does not excuse sexual offenders from abiding by the requirements and prohibitions in this policy.
The superintendent will contact law enforcement upon learning that a sexual offender has violated this policy and will immediately revoke any privileges granted to the sexual offender under this policy.
JOINT USE FACILITIES
West Fargo Public Schools maintains a number of joint use facilities in conjunction with the City of West Fargo, the West Fargo Park District, and other lease holders.
West Fargo Public Schools shall physically mark those areas of a joint use facility which shall be considered closed to the public.
An offender shall be restricted to access of those areas identified as open to the public and shall remain in the area only for the purpose of conducting an intended business.
Adopted: 04/14/08
Reviewed: 09/29/15
Revised: 09/29/15