3144P: Release of Information Concerning Student Sexual and Kidnapping Offenders

All Bellevue School District staff receiving written notification from a legal authority regarding student sexual and kidnapping offenders will immediately forward such notification to the General Counsel’s Office. The General Counsel’s Office will consult with the appropriate school principal regarding such notification. Principals are required by law to respond to notification by local law enforcement and to disseminate information to the appropriate District staff. Principals may rely on the Office of Superintendent of Public Instruction (OSPI) Principal’s Notification Checklist for additional assistance.

School Staff

Staff members are encouraged to be proactive and will notify the principal or designee at the school if they observe any non-student sex offender on or near school grounds.

Students

It is the responsibility of students required to register as a sex or kidnapping offender to follow all rules and regulations of the school as outlined by the district in the student handbook, conduct themselves as defined in the student handbook, and follow all stipulations as outlined in their individual Student Safety Plans.

Notifications

Notifications from local law enforcement (local sheriff’s office) that a student required to register as a sex or kidnapping offender is enrolled or attending school can come to the principal in a variety of methods including email, U.S. mail or hand-delivery. Although currently there is no standard notification form statewide, the following items may be found on most notifications: Offender name, address, sex, height, weight, hair and eye color, age, ethnicity, crime, sex offender level, convicting jurisdiction, neighborhood, proximity to schools and level descriptors.

A. Notification Lists

Upon receipt of notification, the principal or a designee will review the list of students. The list will be reviewed to determine which students are currently enrolled, currently attending school or are new to the school district and not yet enrolled.

B. Staff Notification

The following are the risk level classifications for sex offenders:

1. Level I

   Sex offenders are classified as Level I when their risk assessments indicate a low risk of re-offense within the community at large.

2. Level II

   Sex offenders are classified as Level II when their risk assessments indicate a moderate risk of re-offense within the community at large.

3. Level III

   Sex offenders are classified as Level III when their risk assessments indicate a high risk of re-offense within the community at large.

A principal receiving notice must disclose the information received as follows:

1. If the student who is required to register as a sex offender is classified as a risk level II or III, the principal will provide the information received to every teacher of the student and to any other personnel who, in the judgment of the principal supervises the student or for security purposes should be aware of the student’s record.
2. If the student who is required to register as a sex offender is classified as a risk level I, the principal will provide the information received to personnel who in the judgment of the principal, for security purposes should be aware of the student’s record.
3. Students required to register as a kidnapping offender are not subject to leveling and therefore should be treated on a case by case basis.

C. Notifying Additional School Personnel for All Offender Levels

The principal will designate additional school personnel to be notified following consultation with probation/parole (or the student’s family if not on court supervision) in order to identify or recognize high-risk situations. The following staff should be considered: district superintendent or designee, appropriate administrative and teaching staff, school resource officers, adjacent building principals, security personnel, staff working directly in the student’s classrooms; and school counselors, school psychologists, coaches, advisors, school social workers, nurses, bus drivers, custodians, district daycare providers and playground supervisors that may have contact with the student.

Safety Planning

The principal will complete safety planning with school staff, local law enforcement (local sheriff’s office), probation and parole, treatment providers, parents/guardians, care providers and child advocates, as appropriate, in order to provide a safe and secure environment for all students and staff. For safety planning to be effective, the registrar will finalize formal enrollments for students required to register as a sex or kidnapping offender as soon as possible.

A. Student Meetings

Within 10 (ten) working days of the student’s enrollment or earlier if possible, the principal or designee, will consult with probation and parole professionals, will meet with the student to create and implement a Student Safety Plan. The principal or designee will determine other appropriate school personnel to be included in the meeting to assist in defining school expectations. The student’s parent/guardian or care provider may also be invited. The purpose for the meeting is to help the student be successful in their transition back to school and to provide a safe school environment for all.

B. Student Safety Plan

The principal or designee (and other school staff as applicable) in consultation with the parole counselor or probation officer (if under court supervision) will create a student safety plan for each registered sex or kidnapping offender. The plan will outline the responsibilities of the student and other stakeholders to promote those activities deemed essential in safely managing the student’s behavior.

1. The Safety Plan will outline conditions and/or limitations on each student required to register as a sex or kidnapping offender concerning their interactions on the school campus; 
2. For students not under court supervision, the Student Safety Plan should be developed in conjunction with school staff in consultation with the student’s family/guardian or care provider;
3. The plan will be based on the student’s needs and include guidelines for expected intervention actions for high-risk behaviors and reinforce positive behaviors;
4. Each plan will be reviewed and revised as appropriate by staff designated by the principal; and
5. School staff will report to the principal or designee, and as appropriate to law enforcement (local sheriff’s office) or other involved agencies (treatment providers, parole/probation), if they determine the student has not followed the plan.

C. When Students Move or Change Status

When a student changes schools within the district, the current principal will notify the new principal and share the student records and safety plans with the new school. If the student’s sex offender status or probation or parole status changes, the principal will notify the school staff as part of the schools safety planning.

Confidentiality

The principal and school staff will maintain confidentiality regarding these students the same as all students in the school. Any information received by a principal or school personnel as a result of a notification is confidential and may not be further disseminated except as provided in RCW 28A.225.330 and other statutes, or case law, and the Family and Educational and Privacy Rights Act of 1994 (FERPA) regulations (20 U.S.C. § 1232g et. seq.) The Student Safety Plans will only be shared with appropriate school personnel. School personnel will report violations of plan expectations to the principal when they occur.

Inquiries by the Public

Community notification remains the responsibility of local law enforcement. Inquiries by the public at large (including parents and students), regarding students required to register as a sex or kidnapping offender are to be referred directly to local law enforcement (local sheriff’s office). Law enforcement agencies receive relevant information about the release of sexual and kidnapping offenders into communities, and decide when such information needs to be released to the public.

Immunity from Liability

Any school district employee who releases information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.