900-904 Community Notification of Sex Offenders
HIBBING PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT 701
BOARD POLICY 904
SERIES: 900 Community Relations
SUBJECT: 904 Community Notification of Sex Offenders
The following definitions shall be used to clarify this policy:
1. “Community Notification Act,” refers to M.S. 244.052 (as amended) which allows law enforcement agencies to disclose information about certain sex offenders when they are released into the community.
2. “Risk Level Assessment” is the level of danger to the community as established by the MN Department of Corrections following a review by a committee of experts.
3. “Risk Levels” are assigned to a soon-to-be-released offender and determine the scope of notification.
a. “Level I” is assigned to a sex offender whose risk assessment score indicates a low risk of reoffense.
b. “Level II” is assigned to a sex offender whose risk assessment score indicates a moderate risk of reoffense.
c. “Level III” is assigned to a sex offender whose risk assessment score indicates a high risk of reoffense.
4. “Notification or disclosure by law Enforcement Agency” is determined by the risk level assigned.
a. Level I – The local law enforcement agency may disclose certain information to other law enforcement agencies and to any victims of or witnesses to the offense committed by the sex offender. There will be no disclosure to school districts.
b. Level II – In addition to those notified in Level I, a law enforcement agency may notify agencies and groups the sex offender is likely to encounter that the offender is about to move into the community and provide to those agencies and groups and Offender Fact Sheet on the sex
offender. School districts, private schools, day care centers, and other institutions serving those likely to be victimized by the sex offender are included in notification.
c. Level III – In most cases, the local law enforcement agencies will hold a community meeting and distribute an Offender Fact Sheet with information concerning and a photograph of the soon-to-be-released sex offender.
5. “Offender Fact Sheet” is a data sheet compiled by the Department of corrections or local law enforcement agency. Public and private data including a photograph and physical description of the offender, as well as the general location of the offender’s residence are included.
6. “Law enforcement agency” means the law enforcement agency having primary jurisdiction over the location where the sex offender will reside upon release.
7. “Criminal history conviction data” is public data on a convicted criminal which is compiled by the State Bureau of Criminal Apprehension (BCA).
The school district shall provide information to staff regarding known sex offenders that are moving into the school district so that they may monitor school premises for the safety of the school, its students, and employees. Staff shall be notified as appropriate and have access to Offender Fact Sheets.
The superintendent, in cooperation with appropriate school transportation officials, shall evaluate bus routes and bus stops. Bus drivers shall have access to Offender Fact Sheets. If necessary, bus stops may be moved if they place children in close proximity to a sex offender who has been convicted of crimes against children of similar ages.
The superintendent, in conjunction with the building principal shall provide safety information for distribution to students regarding protecting themselves from abuse, abduction, or exploitation.
In keeping with the statutorily designated purpose that Offender Fact Sheets are to be used by staff members to secure the school and protect individuals in the school district’s care, the school district shall do the following:
a. Notify the law enforcement agencies within the school district that all appropriate Level II and III notifications are to be provided at least to the superintendent of schools.
b. Upon notification of the release of a Level II or III sex offender, forward the Offender Fact Sheet to all building principals and central office administrators, including food service and buildings and grounds supervisors.
c. Principals of schools in close proximity to the Level II or III sex offender’s residence shall meet with staff and show the Offender Fact Sheet to person within the buildings who supervise students or who would be in a position to observe if the offender was in or around the school this includes, but is not limited to, administrators, teachers, coaches, paraprofessionals, custodians, clerical and office worker, food service workers, volunteers, and transportation providers.
d. The school district shall request criminal history conviction data on the Level II and III sex offenders from its local law enforcement agency. The superintendent may determine, on a case-by-case basis, whether to send a letter to parents with general information regarding release of the offender and a copy of the criminal history conviction data that the school district obtained from the law enforcement agency. The school district shall not distribute or provide access to the Offender Fact Sheet on a Level II sex offender to parents, students, or others outside the school district as it contains private data under Minnesota law.
e. The building administrator shall post Level II and III offender Fact Sheets in each building in an area accessible to staff and employees, but not the general public unless a determination has been made that public posting will help secure the school or protect students.
f. The school district shall not provide access to Level II Offender Fact Sheets to parents, students, or others outside the school district, unless a determination has been made that dissemination of the data will help secure the school or protect students.
g. When the school district receives notification of the time and location of a community meeting at which a Level III offender Fact Sheet will be distributed to the community, the superintendent shall determine on a case-by-case basis whether the school district will notify parents and students of the time, date, and location of the meeting and shall either attend the meeting or designate another administrator to attend.
M.S. Ch. 13 (Minnesota government Data Practices Act)
M.S. 244.052 (Community Notification)
20 U.S.C. 1232g (Family Educational Rights and Privacy Act)