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Sex Offender Notification

Section J - Students

Policy Title: Sex Offender Notification (Sex Offender and Dangerous Juvenile Offender Notification and Protective Measures)
Policy Code: JLIF

Print Version (In PDF)

Notification to the District of registered sex offenders and dangerous juvenile offenders

Arizona statutes require law enforcement agencies to provide notification to the District regarding certain registered sex offenders and require courts to notify the District regarding juveniles adjudicated delinquent for "dangerous offenses" or certain sex offenses.

Schools shall be notified of presence of registered sex offenders (adult and juvenile) in area

Arizona Revised Statutes (A.R.S.) 13-3825 and 13-3826 require the local law enforcement agency to notify the community, including area schools, of the presence of a registered sex offender in the community when the offender has been determined by the agency to be a "level two" (medium risk) or "level three" (high risk) offender.

Schools shall be notified of dangerous juvenile offenders and juvenile sex offenders in attendance

A.R.S. 8-350 directs the court to notify the District when a student attending a school in the District has been adjudicated delinquent for or convicted of and placed on probation for a dangerous offense or sexual conduct with a minor, sexual assault, molestation of a child, or continual sexual abuse of a child. Dangerous offense is defined in 8-350 as "an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person."

Juveniles may be listed as registered sex offenders

A.R.S. 13-3821 permits a juvenile court to require a juvenile who has been adjudicated delinquent for certain sex offenses to register as a sex offender until the person reaches the age of twenty-five (25), and A.R.S. 13-3825 permits a juvenile court to further require such juvenile registered sex offender to be subject to the State's community notification requirements.

Superintendent directed to develop District Procedures

It is the Governing Board's desire to create and maintain a safe environment for the District's students and staff members. Therefore, the Superintendent is directed to develop procedures to disseminate the information received from the local law enforcement agency regarding adult and juvenile registered sex offenders present in the District and to provide teachers, parents, guardians, or custodians, upon request, information received from a court pursuant to A.R.S. 8-350 concerning a juvenile who has been adjudicated for or convicted of a dangerous offense or a specified sex offense.

Scope of District Procedures

Procedures within the District shall encompass, but not necessarily be limited to:

  • Measures to disseminate information received from the local law enforcement agency to staff members, parents, guardians, or custodians when the District has been notified that a registered offender has moved into the community. When in the judgment of the Superintendent it is determined to be appropriate, the measures will include disseminating the information to students.
  • Measures to provide to teachers, parents, guardians, or custodians, upon request, information received by the District under A.R.S. 8-350, regarding juveniles adjudicated delinquent of "dangerous offenses" or sex offenses.

Adopted: July 24, 2018

CROSS REF.:
DJ – Purchasing Procedures
EB – Environmental and Safety Program
GBEBB- Staff Conduct with Students
GCAA – Application for Position
IJNDB - Use of Technology Resources in Instruction
JLF – Reporting Child Abuse/Child Protection
JLIF-R – Sex Offender Notification
JR - Student Records

LEGAL REF.:
8-208 – Juvenile court records; public inspection
8-321- Referrals; diversions; community based alternative programs
8-350- Dangerous offenders; sex offenders; notification to schools
8-371- Educational rehabilitation
13-1405- Sexual conduct with a minor; classification
13-1406 – Sexual assault; classification; increased punishment
13-1410 – Molestation of a child; classification
13-1417- Continuous sexual abuse of a child; classification
13-3821 – Persons required to register; procedure; identification card
13-3825 – Community notification
13-3826- Petition to terminate sex offender registration; hearing; notice

20 U.S.C. 1232g(b)(7) –Educational records, registered sex offenders
42 U.S.C. 14071(d)—Penalty, failure to register