Avery County Schools Policy Policy Code: 5023
REGISTERED SEX OFFENDERS
The Avery County Board of Education is committed to the safety of students and other persons on school property. In order to maintain a safe school environment, the superintendent and all school personnel shall enforce the provisions of this policy at all times.
All school employees, volunteers and student teachers shall be screened against the registry information contained on the North Carolina Sex Offender and Public Protection Registry. Any individual listed on the registry may not work or volunteer for the school district.
A. CERTAIN SEX OFFENDERS BANNED FROM ALL SCHOOL PROPERTY AND SCHOOL EVENTS
In accordance with G.S. 14-208.18, all persons who (1) are required to register
under the Sex Offender and Public Protection Program AND (2) have been
convicted of any offenses in Article 7B of Chapter 14 of the General Statutes, (b)
any federal offense or offense committed in another state, which if committed in
this state, is substantially similar to an offense in Article 7B, or (c) any offense in
which the victim was under the age of 18 years at the time of the offense, are
expressly forbidden to knowingly be present on any property owned or operated
by the school system, including school buildings, athletic fields, playgrounds,
parking lots, school buses, activity buses or other property of any kind for any
reason, including attendance at sporting events or other school-related functions,
whether before, during or after school hours. In addition, sex offenders subject to
G.S. 14-208.18 may not attend or be present at any student function or field trip
on or off of school property which is 1) school-sponsored or 2) otherwise under
the official supervision or control of school personnel. This policy applies to all
covered sex offenders regardless of their relationship to, or affiliation with, a
student in the school system. (Refer to the North Carolina Attorney General’s
publication The North Carolina Sex Offender & Public Protection Registration
Program, p.13, for a description of which offenders are subject to G.S. 14-208.18
and thus, this policy.)
B. ENFORCEMENT
All school personnel must immediately report to a school administrator the presence or suspected presence of a known or suspected registered sex offender on school property. School administrators and other supervisory personnel shall report to the superintendent and law enforcement when they reasonably believe that a registered sex offender is or has been on school property or at a school event.
Avery County Schools Policy Code: 5023 Page 1 of 3 School administrators also shall notify the superintendent or designee of any known student or parent or guardian of a student at their school who is suspected to be a registered sex offender.
C. EXCEPTIONS
A person who is banned from school property under G.S. 14-208.18 may be on school property only under the following circumstances. 1. Students who are subject to G.S. 14-208.18 may be on school property only in accordance with policy 4260 Student Sex Offenders. 2. Voters who are subject to G.S. 14-208.18 and are eligible to vote may be present on school property for the sole purpose of voting if the school property is being used as a voting place. The voter must notify the principal of the school that he or she is registered under the Registry Program and the voter must remain at all times in the portion of the school being used as the polling place. The voter must leave school grounds immediately after voting. 3. Parents or Guardians a. An individual who is subject to this policy and is the parent/guardian of a student may be on school property only for the following reasons:
1. To attend a scheduled school conference with school personnel
to discuss their child's academic or social progress; or
2. At the request of the principal/designee, for any other reason
relating to the welfare or transportation of their child.
b. For each visit authorized by the principal in accordance with the
subsection above, the parent/guardian must provide the Principal with
prior written notice of his or her registration on the Sex Offender
Registry and notice of their presence at the school. Notice of his or
her presence at school includes the nature and specific times of any
visit.
c. For each visit authorized by subsection above, the parent/guardian
must arrange to meet a staff member at the edge of school property,
check in at the principal’s office upon arrival and departure, and
remain under the direct supervision of school personnel at all times. If
personnel are not available to supervise the parent/guardian during any
visit then the parent or guardian will not be permitted enter or remain
on the school property.
d. For each visit authorized by subsection above, the parent/guardian
must comply with all reasonable rules and restrictions placed upon
them by the principal, including any restrictions on the date, time,
location and length of meetings.
Avery County Schools Policy Code: 5023 Page 2 of 3 D. CONTRACTUAL PERSONNEL
In order to ensure compliance with this policy, each contract executed by the board must include a provision that requires the other party to the contract to conduct an annual check of the State Sex Offender and Public Protection Program and the State Sexually Violent Predator Registration Program on all employees who may be sent to perform tasks on or deliver products to school property. Persons who are subject to section A of this policy may not be sent onto school property for any reason.
In addition, each time the board enters into any contract or agreement for contracted services that involve direct interaction with children, the contract must include a provision that requires the other party to the contract to conduct an annual check of the National Sex Offender Registry on all contracted employees who may have direct contact with children.
No contractor or employee of a contractor registered with the State Sex Offender and Public Protection Program, the State Sexually Violent Predator Program, or the National Sex Offender Registry may have direct interaction with children. This provision applies to contracts with a single individual.
Legal References: G.S. ch. 14, art. 7A, G.S. 14-208.18, -208.19; 115C-332, - 332.1-25A; 115C-332, -332.1
Cross References: School Safety (policy 1510/4200/7270), Student Sex Offenders (policy 4260), Visitors to the Schools (policy 5020), Recruitment and Selection of Personnel (policy 7100)
Other References: The North Carolina Sex Offender & Public Protection Registration Programs, North Carolina Department of Justice (September 2014), available at http://ncdoj.gov/Protect-Yourself/Find-Sex-Offenders/SexOffenderRegPrograms.aspx
Adopted: 12/5/05
Revised: 11/03/08; 12/10/13; 2/16/16; 5/09/17
Avery County Schools Policy Code: 5023 Page 3 of 3