Notification of Release of Sex Offenders | Policy 7532

The Board of Education has a duty to protect the health and safety of students enrolled within the District and those youngsters receiving services or participating in programs or events on District property. The Board believes it is necessary to enact procedures for the proper management and dissemination of information provided by the Division of Parole concerning convicted sexual offenders who are paroled into the community, in accordance with Megan’s Law, formally known as the Sex Offender Registration Act. This policy is enacted in order to minimize the possibility that school-age children will have contact with convicted sex offenders and to assist in preventing criminal activity. Therefore, the District shall cooperate with local law enforcement agencies and the local community to promote and to protect the safety and well-being of students.

The New York State Division of Parole shall notify local law enforcement agencies when individuals with a history of sexual offenses against children are placed on probation, paroled, discharged, or released into the community. The local law enforcement agencies may notify any entity with vulnerable populations, including school districts, related to the nature of the offense committed by such sex offender.

The notification to the school district may include the following information:

Level One Offense – Low Risk:

  • Name of the sex offender

Level Two Offense – Moderate Risk

  • Name of the sex offender;
  • Approximate address based on the offender’s zip code;
  • Photograph of the offender;
  • Background information including the offender’s crime of conviction;
  • Modus of operation;
  • Type of victim targeted; and
  • Description of special conditions imposed on the offender.

Level Three Offense – High Risk:

  • Name of the sex offender
  • Exact address of the offender;
  • Photograph of the offender;
  • Background information including the offender’s crime of conviction;
  • Modus of operation;
  • Type of victim targeted; and
  • Description of special conditions imposed on the offender.

The Superintendent of Schools shall develop regulations for the lawful and appropriate dissemination of information regarding convicted sex offenders who are placed on probation, paroled, discharged, or released into the community. It is the policy of the District to provide its residents with the maximum information permitted by law.

Instruction in personal safety and stranger awareness skills will be incorporated as part of the instruction required to be taught to all students in kindergarten through grade eight to prevent the abduction of children.

Ref: “Megan’s Law,” Correction Law Section 168 et seq. Doe v. Pataki, 940 F. Supp. 603 (S.D.N.Y. 1996)
Guidelines for the Supervision of Sex Offenders (Revised) (August 1994) (Information Related to Notification by Parole of Release of Sex Offenders)
Memorandum to Superintendents of Schools from Executive Director, NYS Council of
School Superintendents (Nov. 9, 1994)

Revised: 11/22/04

SCHOOL DISTRICT GUIDELINES FOR NOTIFICATION OF SEX OFFENDER

When the District receives notification from local law enforcement officials regarding the probation, parole, discharge, and/or release of convicted sex offenders within the geographic boundaries of the District, the information shall be disseminated by the Superintendent of Schools, and in accordance with the Sex Offender Registration Act.

1. Upon receipt of the information by the Superintendent, he or she shall immediately disseminate such information to all school board members, Assistant Superintendents, and Building Principals.
2. The Superintendent may also notify any instructional and non-instruction staff, including teachers and support staff, custodians, bus drivers, coaches, security personnel, and any other staff member whose duties require knowledge of such information.
3. The Superintendent shall identify all groups that regularly utilize school facilities and have a legitimate need to be notified of such information in order to protect the health, safety, or welfare of its participants. The Superintendent may notify the leaders of such groups or coordinate notification with local law enforcement agencies.
4. Staff members shall be advised that they are receiving the information in their official capacity as employees of the District and that such information shall not be released to other individuals, except as authorized by these regulations.
5. The Superintendent shall maintain a file in the District Office that includes all information received from the local law enforcement agencies regarding the probation, parole, discharge, or release of convicted sex offenders within the geographic boundaries of the District. Information contained within the notification from the local law enforcement agencies shall be available for parents to review upon request.
6. The Superintendent shall publish and mail a notification to all postal patrons within the school district boundaries via direct mail (letter or newsletter) if the convicted sex offender resides within the geographic boundaries of the District. This letter shall inform residents that they may review the information contained within the notification file received from local law enforcement officials in the District Office. The content of the letter shall be consistent with the level of offense as described within school district Policy 7532.
7. If any District employee believes that he or she has seen any individual whose description matches that of a released sex offender provided to the District by the local law enforcement agencies on school property, at school activities, on or near district bus routes, or believes the offender has come in contact with children, such employee shall report such sightings to the appropriate building principal. The building principal shall immediately notify the Superintendent who shall contact local law enforcement agencies.
8. Disclosure of sex offender information received by the District from a source other than local law enforcement agencies and/or the Division of Parole to determine the validity of the disclosure and to obtain the proper notification. After receiving the proper notification, the Superintendent shall follow the procedures outlined above.
9. The District shall refer any inquiries for further information, other than information provided in the Notification to School District, regarding individuals with a history of sexual offenses against children, who are placed on probation, paroled, discharged, or released into the community to the local law enforcement agencies and/or the Division of Parole for appropriate response.