House OKs bill calling for public sex offender hearings

Logic is gone from VA Lawmakers. This is a great definition for a STUPID law!

(2-4-15 Original) 11-13-15 Virginia:

The House of Delegates passed a bill Tuesday (2-3-15) requiring a public hearing before a sex offender can obtain permission to be on school grounds.

Such petitions currently involve the sex offender, a judge, a commonwealth's attorney and school officials. They typically deal with an offender's request to attend school functions - such as plays and sports - for his or her children and to be allowed to drop them off at and pick them up from school.

The process works, said Mary Devoy, who rallied against the changes outlined in . It would require the petitioner to advertise the hearing in a newspaper. It would also make it open to the public, with anyone in attendance permitted to voice an opinion.

The goal is to inform the community and garner additional input, said the bill's sponsor, Del. Jeff Campbell, R-Smyth, at a hearing on the bill Jan. 19.

Devoy, an advocate for changing the state's sex offender registry, countered that it would make a "public spectacle" of offenders simply seeking to be involved in their children's education.

The bill will now cross over to the Senate for consideration. ..Source..2-4-15.. by Kathy Hieatt

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TN- County Debates Sex Offenders On School Property

How do you spell "contempt of court," right provide the grounds for a lawsuit, real smart.

5-23-2009 Tennessee:

ASHLAND CITY, Tenn. - A state law states that a convicted sex offender is able to visit their child's school. The Cheatham County School board met Thursday to discuss how they can follow the state law and keep the students in the district safe.

The state law went into effect nearly a year ago, but not every county is following by the same rules.

Cheatham County School District reviewed their current sexual offender policy.

"Parents who are registered sex offenders shall contact their child's building principal by phone, U.S. mail or email to ascertain alternative methods for carrying out school business off school property," Cheatham County schools sex offender policy.

Their policy contradicts the state law that allows parents or legal guardians to visit schools where their child attends.

"This is a facility for children to learn and be educated and you got somebody that's walking around here that's preyed on children. Why would we want them near our kids?" said parent Shirley Jackson.

The state allows the offender to attend an academic conference or other scheduled school event, dropping off or picking up a child or children or temporarily on school grounds, during school hours for the purpose of making a mail, food or other delivery.

"If they are able to drop off something then I'm afraid their urges will come back," said parent Randi Taylor.

Talk about someone being brainwashed! And former candy snachers will grab your child's candy if you send it in their lunch too... And lets not be too careful about the clothes kid's wear, someone else may take a liking to them as well... Yes world, over the top just like this woman.

State Senator Tim Barnes was at the school board meeting. He said he drafted a bill that would reverse the state's law.

"My bill just completely prohibits a registered sex offender from being on school grounds or being within 1,000 feet of the school regardless of whether that have children," said Barnes.

Other school districts' policies in the Mid-State are written to follow the laws set by the state. Most schools require all visitors to sign-in before getting access to students inside schools. ..News Source.. by News Channel.com

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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

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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

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