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3515.5 BP Board Policy

Sex Offender Notification

In order to protect students while they are traveling to and from school, or attending school or a school-related activity, the Governing Board believes it is important that the district responds appropriately when a law enforcement agency notifies the district about registered sex offenders who may reside or work within district boundaries. The Superintendent or designee shall establish an ongoing relationship with law enforcement officials to coordinate the receipt and dissemination of such information. To the extent authorized by law, the Superintendent or designee also shall establish procedures for notifying appropriate staff as necessary. Any district employee to whom sex offender information is disclosed by a law enforcement entity shall disclose the information only when authorized by the law enforcement entity and in the manner authorized. The Superintendent or designee may annually notify parents/guardians of the availability of information about registered sex offenders on the Department of Justice's Megan's Law website. Role of District Police/Security Department In accordance with law, Board policy and administrative regulation, the district police/security department may disseminate information about registered sex offenders to the school community. The district police/security department shall consult with local law enforcement and the Superintendent or designee prior to any such dissemination. When a registered sex offender's email address or username used for instant messaging or social networking or other internet identifier, as defined in Penal Code 290.024, is submitted to the district police/security department, such information shall only be used by the department or released to another law enforcement entity for the purpose of investigating a sex-related crime, a kidnapping, or human trafficking. No other disclosure shall be made or authorized by the department, except as required by a court order. (Penal Code 290.45) The district police/security department shall maintain records of the means and dates of dissemination for five years. (Penal Code 290.45)

Legal & Management References

State
Ed. Code 32211 - Threatened disruption or interference with classes
Ed. Code 35160 - Authority of governing boards
Ed. Code 35160.1 - Broad authority of school districts
Ed. Code 48981 - Parental notifications
Ed. Code 48985 - Translation of notifications
Pen. Code 290 - Registration of sex offenders
Pen. Code 290.024 - Internet identifiers; definition
Pen. Code 290.4 - Information regarding sex offenders
Pen. Code 290.45 - Sex offenders; authority of peace officers to provide information
Pen. Code 290.46 - Making information about certain sex offenders available via the Internet
Pen. Code 290.9 - Addresses of persons who violate duty to register
Pen. Code 290.95 - Disclosure by person required to register as sex offender
Pen. Code 3003 - Parole; geographic placement
Pen. Code 626.8 - Disruptions
Pen. Code 626.81 - Sex offender; permission to volunteer at school
Pen. Code 830.32 - School district and community college police
Federal
42 USC 14071 - Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program Act
Management Resources
Attorney General Opinion - 82 Ops.Cal.Atty.Gen. 20 (1999)
Website - U.S. Department of Justice, Sex Offender Registration and Notification Act
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Justice, Megan's Law

Cross References