Descriptor Code: ACCA
Sexual Offenders on School Property
Definitions: For the purpose of this policy
• A “sexual offender” is as defined in NDCC 12.1-32-15 and/or is required to register under NDCC 12.1-32-15.
• 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.
• “School district property” includes all real property owned, leased or used by the school district and all school
• Buildings, structures and facilities thereon; computer networks and systems, and school vehicles, whether owned or
• Leased by the school district; and the site of any school-sponsored activity.
• “Superintendent” shall mean the school district’s superintendent or the superintendent’s designee.
1. Nonparent Sexual Offenders:
A nonparent sexual offender is prohibited from entering school district property except:
a. When the school building is being used as a polling place and such person is a qualified voter and is entering school property solely for the purpose of casting his/her vote.
b. To attend an open meeting as defined in NDCC chapter 44-04.
c. 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.
2. Parent Sexual Offenders:
Parent sexual offenders are prohibited from entering school district property except for purposes outlined in section 1., parts a and b of this policy and with the Superintendent’s prior written approval in the following instances:
a. To transport his/her child to and/or from school. The parent sexual offender will only be permitted to transport his/her own child.
b. To attend a conference to discuss his/her student’s progress, placement, or individual education plan (IEP) and/or 504 accommodation plan.
c. 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 his/her child while the student is on school property will be considered on school property without permission and will be in violation of this policy.
3. 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 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/504 team shall determine the educational placement of a student sexual offender with a disability. The student with a disability is entitled to all the due process procedures available to a student with a disability under the Individuals with Disabilities Education Act/Rehabilitation Act.
The IEP/504 team shall develop procedures for managing each student sexual offender with a disability who attends a district school. If the IEP/504 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.
4. General Provisions:
The Superintendent will inform the appropriate principal and other relevant district staff of the scope of the permission granted to each individual sexual offender.
Sexual offenders who receive permission to enter school property must immediately report to the individual or location at the facility designated in the Superintendent’s written permission statement and present the written permission to the designated individual. The building principal my assign a chaperone to accompany the sexual offender while on school district property. The only exceptions to these requirements are when the Superintendent grants permission to a parent sexual offender to transport his/her child and when a student sexual offender receives permission to attend a district school in which case the guidelines developed for this individual shall apply.
The Superintendent will contact law enforcement anytime a sexual offender violates this policy and will immediately revoke any privileges granted to the sexual offender under this policy.
Legal Ref: NDCC 12.1-20-25 Sexual Offender Presence Near Schools Prohibited
NDCC 12.1-32-15 Offenders Against children and Sexual Offenders