NC- Some sex offenders banned from school property

12-7-2008 North Carolina:

ASHEVILLE – School districts across the state will approve policies this month that ban most registered sex offenders from school property. The policies also place strict visitation guidelines on sex offenders who are parents of schoolchildren, and establish protocols for schools to deal with student sex offenders.

The policies, adopted by both Asheville City and Buncombe County schools earlier this month, are in line with the Jessica Lunsford Act, signed into law by Gov. Mike Easley in July and effective Dec. 1. The law is named in memory of a 9-year-old former Gaston County resident, who was kidnapped, raped and buried alive in 2005 in Florida by a registered sex offender.

There are more than 260 registered sex offenders in Buncombe County and 880 throughout Western North Carolina.

Along with mandating sentences of at least 25 years in prison and lifetime electronic monitoring for those convicted of raping a child younger than 13, the legislation also forbids registered sex offenders who have committed the most egregious sex crimes — such as first-degree rape or a sex act on a minor — from being on school property or attending any school-related functions.

“This gives us tools that we haven't had before, and I think it's a positive thing and it's the right message to our parents and our students that we are going to provide an atmosphere as best as possible that is safe from predators or sex offenders,” said Allen Johnson, superintendent of Asheville City Schools. Before the law, there was no statewide legislation regarding sex offenders and school property.

The policies and law not only prevent the registered sex offenders from stepping foot into school buildings, but it also bans them from athletic fields, playgrounds, parking lots or any place intended primarily for the use, care or supervision of minors. Sex offenders are also restricted from sporting events, field trips, chorus recitals, band performances or any other school-related functions for any reason during or after school hours.

The Buncombe County Sheriff's Department is currently notifying all sex offenders who are covered under the act of the new requirements.

“We are working to do that so everyone knows their roles and responsibilities in regards to the statue,” said Lt. Ross Dillingham. “We want them to know what's required of them also so they can be held accountable.”

Before adopting the policies, both Johnson and Buncombe County Superintendent Cliff Dodson met with Buncombe County Sheriff Van Duncan to learn more about the law. All staff and personnel have been made aware that if they see someone on campus they believe is a registered sex offender, they should immediately notify an administrator or school resource officer.

Principals are required to sign up for e-mail notifications through the N.C. Sex Offender and Public Protection Registry so they can be informed if a registered sex offender moves within a mile of their school.

“It's first and foremost a law-enforcement matter,” said Chris Campbell, an education law attorney who represents both Asheville City and Buncombe County schools. “Violation of the act is a crime so we are instructing all principals and superintendents to immediately report violations to law enforcement. The intent of that provision is so the principal can be aware of who might be in the area.

“It's public information. Anybody can go and look at it.”

Roberts & Stevens helped the N.C. School Board Association write the statewide policy.

The policy also applies to parents and students who are registered sex offenders. Parents, who are covered by the Jessica Lunsford Act, can come to school only for parent-teacher conferences at the request of the principal or for a reason relating to the welfare or transportation of the child.

In order to come on campus, the parent must notify the principal in writing that he or she is a registered sex offender. The parent must also include the nature of the visit and specific times. In addition, the parent must be supervised at all times while they are on campus.

The Jessica Lunsford Act also deals with a small category of student sex offenders who have committed acts such as first degree rape. A judge would have to find that the juvenile is a danger to the community to be on the sex offender registry.

If there is an enrolled student on the registry, the school board must hold a hearing to determine whether to expel the student, educate him or her on school grounds or if the student can be served through alternative means like online classes or tutoring off campus. If the board determines a student will be educated at a school, the student must be supervised at all times.

“I personally think our schools are probably some of the safest places for the kids to be in our community,” said Sgt. Scott Lunsford, supervisor of the School Resource Officer Unit for the Asheville Police Department. “By the same token, I think parents need to be aware of what's going on in the community. Just because they have been banned from campus, doesn't mean they are not going to run into them at the mall or somewhere else.” ..News Source.. by Ashley Wilson • AWilson@CITIZEN-TIMES.com