PHILOSOPHY
The Kimberly School District Board of Trustees recognizes their obligation to provide a free appropriate public education to resident students of the Kimberly School District. The Board also recognizes that they have the power and duty to protect the morals, health and safety of all pupils of the Kimberly School District.
DEFINITION
“Student Sex Offender shall mean a student who has been adjudicated delinquent or convicted of and placed on probation for a dangerous offense such as sexual conduct with a minor, sexual assault, molestation of a child, or continual sexual abuse of a child.
NOTIFICATION TO SCHOOL DISTRICT
The Idaho State Superintendent of Public Instruction is required by State law to notify a school district or private school regarding the enrollment of a registered juvenile sex offender. The Superintendent of Public Instruction is also required to notify the District or school of the offender’s probationary status or treatment status, if known. The Superintendent of the District or his or her designee shall make contact with the State Department of Education in order to receive regular updates of this information.
PARENTAL RESPONSIBILITY
The Board of the Kimberly School District further expects parents of students who:
- have been required to register as a juvenile sex offender; or
- have been convicted of a sexually based offense when under the age of 15, and thus not required to register as a juvenile sex offender; or
- have obtained a withheld judgment on a sexually based offense which without the withheld judgment would have necessitated registration as a juvenile sex offender;
- to notify the District’s Administration of the status of their child and participate in activities requested of the Administration regarding their child’s education.
EDUCATIONAL PLACEMENT
The Superintendent of the District or his or her designee shall determine the appropriate educational placement for the student sex offender except those identified as having a disability. When determining educational placement, the Superintendent or his or her designee shall consider such factors as the safety and health of the student population. The Superintendent or designee shall develop guidelines for managing each student sexual offender in District schools. If the Superintendent of Designee determines that, in the best interest of District schools. The student sexual offender should be placed in an alternative educational setting, the District shall pay for the costs associated with this placement.
Convicted juvenile sex offenders shall not attend a school attended by their victims or victim’s sibling. The offender and his or her parent or guardian shall be responsible for providing transportation or covering other costs related to the offender’s attendance at another school.
An IEP team shall determine the educational placement of a student sexual offender with a disability. The student with a disability is entitled to all the due process procedure available to a student with a disability under the Individuals with Disabilities Education Act. The IEP team shall develop procedures for managing each student sexual offender with a disability that attends a District school. If the IEP team determines that the student sexual offender should be placed in an alternative educational setting, the District shall pay for the costs associated with this placement.
STAFF
Staff members are to be alert to and inform school officials of any behavior by a juvenile offender that creates an abnormal risk to members of the school community. However, each circumstance involving a student probationary juvenile offender attending a District school shall be evaluated on a case-by-case basis. Whenever possible without placing other students or adult members of the community at risk, reasonable efforts should be made to continue the student’s education, to provide supportive services, and to avoid any acts for harassment or vigilantism against the student. Although federal and state laws and rules permit the release of information concerning a student registered sex offender, discretion should be exercised when discussing or disseminating information about the student. Whenever possible, the school community should encourage and support timely and appropriate intervention toward the expected outcome that a juvenile offender’s conduct will be rectified so the student will commit no further offenses and will develop into a responsible, self-controlled adult.
Legal References:
I.C. 18-8402 Juvenile Sex Offender Registry Notification and Community Right-to-Know Act -Findings
I.C. 18-8403 Juvenile Sex Offender Registry Notification and Community Right-to-Know Act - Definitions
I.C. 18-8408 Juvenile Sex Offender Registry Notification and Community Right-Know Act - Providing List to Superintendent of Public Instruction
I.C. 18-8412 Juvenile Sex Offender Registry Notification and Community Right-to-Know Act - Exemption from Civil Liability
I.C. 18-8413 Juvenile Sex Offender Registry Notification and Community Right-to-Know Act - Penalties for Vigilantism or Other Misuse of Information
I.C. 33-205 Denial of School Attendance
Policy History:
Adopted on: 10/20/2005
Revised on: 04/16/2020
Reviewed on: