IN- Vigo schools look at sex-offender policy

I've always liked folks with spunk, this guy gets an apple!

2-24-2009 Indiana:

TERRE HAUTE — A registered sex offender cautioned the Vigo County School Board about going too far with a policy aimed at keeping such offenders out of schools and off school property.

On Monday, Donald W. Hyde addressed the board regarding a proposed school policy that states: “Except in limited circumstances, Vigo County schools will not permit registered sex offenders, whose victim was a minor, to be on school property.”

Hyde pleaded guilty to two felony counts of child solicitation in 2002. One of the stipulations of his probation was that he must register as a sex offender; Hyde would be affected by the proposed school district policy.

In particular, Hyde warned the board about denying people their civil rights and their right to free speech. If the administration building is placed off limits under the policy, then those affected individuals would be denied the right to attend public school board meetings.

“You are denying people the ability to approach you with a valid complaint,” Hyde said. “I don’t believe the Supreme Court will let you.”

In another public comment period, Hyde also said he believes that in the post 9/11 era, the United States is “living in a constant state of fear” and civil rights are “out the window.”

The board had several questions about the policy and wanted clarification of some wording. The policy will be discussed again at the March 9 meeting.

The school district has at times received reports that a registered sex offender attended a school event, such as a festival or other after-school activity, said Ray Azar, director of student services. The offender might be the parent of a student or someone’s friend.

State law doesn’t prohibit registered sex offenders from visiting a school, Azar said. State law does prevent them from working at a school or living within so many feet of a school, he said.

“There is a gap in state law,” Azar told the board.

By having a policy, the district will be better able to keep schools safe and protect students, Azar has said.

The policy states that a registered sex offender whose victim was a minor “may not attend school functions that are held on school grounds.”

Board member Joe Minnis suggested the policy should apply to all registered sex offenders, not just those whose victim was a minor.

Azar said the district had discussed that with the Indiana School Boards Association, which told them that a broader policy might open the school district up to lawsuits.

A policy focused on registered sex offenders whose victim was a minor is viewed as more defensible, logical and rational, Azar said.

Prior to the next meeting, Azar will address issues raised by the board and clarify wording, including such terms as “school function” and “school grounds.”

As far as Hyde’s concerns, Azar said, “I think public meetings are a special situation, and we need to address that in the next reading [of the policy], which we will.”

He said he intends to “explore that topic a little more.”

The only time it might be an issue is when students make presentations at board meetings, he said. ..News Source.. by Sue Loughlin, The Tribune-Star