| Delphi Community School Corporation |
| Administrative Guidelines |
8470 - REGISTERED SEX OR VIOLENT OFFENDERS ON SCHOOL GROUNDS
Indiana's "Sex Offender Registration and Community Notification" law requires all "sex or violent offenders" to register with the chief of police of the consolidated city or the sheriff of the county (if it does not contain a consolidated city) in which they reside, work, or study. The chief of police or sheriff must then immediately update the Indiana Sex and Violent Offender Registry website established under I.C. 36-2-13-5.5 by making and publishing a photograph of the sex or violent offender on the Indiana Sex and Violent Offender Registry website, notify every law enforcement agency having jurisdiction in the county where the sex or violent offender resides, and update the National Crime Information Center National Sex Offender Registry data base via the Indiana Data and Communications System (IDACS).
The Superintendent or designee shall request that the chief of police/sheriff provide notice to the Superintendent/designee at the same time that s/he provides notice to every law enforcement agency having jurisdiction in the county where the sex or violent offender resides, works or studies when a sex or violent offender registers in the county where the School Corporation is located. If the chief of police/sheriff refuses to provide such notice to the Superintendent/designee, then the Superintendent or designee shall periodically, but no less than once every semester during the school year, check the Indiana Sex and Violent Offender Registry website to assess whether any new sex or violent offenders have registered in the county where the Corporation is located.
The Superintendent shall periodically, but no less than once every semester during the school year, check the Indiana Sex and Violent Offender Registry website to assess whether any new sex or violent offenders have registered in the county where the Corporation is located.
When the Superintendent receives information from the chief of police/sheriff concerning the registration of a sex or violent offender in the county where the Corporation is located, and/or obtains information concerning the registration of a sex or violent offender in the county where the Corporation is located from his/her periodic checks of the Indiana Sex and Violent Offender Registry website, the Superintendent shall disseminate the information to all Corporation employees whose duties include the supervision of and/or responsibility for students.
If a building principal learns that a registered sex or violent offender is present on school grounds, s/he shall immediately notify the Superintendent, who will proceed to notify school employees as set forth below.
Notice to School Employees:
When the Superintendent or designee learns or is notified that a registered sex or violent offender is present on school grounds, the Superintendent/designee shall notify all employees whose duties include the supervision of and/or responsibility for students. Employees who may be notified include all administrators, principals, teachers, tutors, instructional assistants or aides, coaches, guidance counselors, school counselors, school psychologists, librarians, building-level secretaries, transportation coordinators, bus drivers (particularly drivers responsible for the bus routes and stops within the area where the offender resides), and custodial personnel and others who monitor the presence of non-school personnel on school property. Other employees who may have duties which include the supervision of and/or responsibility for students also may be notified at the discretion of the Superintendent/designee.
Reporting Procedures:
| A. | If a registered sex or violent offender who does not attend the school is observed on or near school property or a bus stop area by an employee, and the registered sex or violent offender's presence appears to be without a legitimate purpose or otherwise creates concern for the safety of students, the employee shall immediately alert the building principal and take such other action as may be deemed necessary by the employee to protect the students (e.g., remove all students from the area). | |
| B. | The building principal is responsible for notifying the Superintendent and should take such other action as may be deemed necessary by the principal to protect the students (e.g., remove all students from the area) if a registered sex or violent offender who does not attend the school is observed on or near school property or a bus stop area. | |
| C. | The Superintendent/designee is responsible for notifying the local law enforcement agency, if in his/her judgment, the presence of the registered sex or violent offender appears to be without a legitimate purpose or otherwise creates concern for the safety of students. | |
| D. | The Superintendent/designee is responsible for notifying the local law enforcement agency if s/he learns that a registered sex or violent offender is present on school grounds so that the individual may be monitored as necessary to protect the safety of students. | |
| E. | "Legitimate purpose" shall be defined as the individual having a specific, legal purpose for being on school property (e.g., attending and/or participating in a meeting, activity, or event which is taking place on school property and which is open to the general public; attending a parent-teacher conference/meeting; attending a student performance or athletic event in which his/her child is participating), and the individual is complying/comporting his/her conduct with Board policies. |
I.C. 35-42-4-14 provides:
(a) As used in this section, "serious sex offender" means a person required to register as a sex offender under I.C. 11-8-8 who is:
(1) found to be a sexually violent predator under I.C. 35-38-1-7.5; or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (I.C. 35-42-4-3).
(B) Child exploitation (I.C. 35-42-4-4(b)).
(C) Possession of child pornography (I.C. 35-42-4-4(c)).
(D) Vicarious sexual gratification (I.C. 35-42-4-5(a) and I.C. 35-42-4-5(b)).
(E) Performing sexual conduct in the presence of a minor (I.C. 35-42-4-5(c)).
(F) Child solicitation (I.C. 35-42-4-6).
(G) Child seduction (I.C. 35-42-4-7).
(H) Sexual misconduct with a minor (I.C. 35-42-4-9).
(I) A conspiracy or an attempt to commit an offense described in clauses (A) through (H).
(J) An offense in another jurisdiction that is substantially similar to an offense described in clauses (A) through (I).
(b) A serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Level 6 felony.
If the Superintendent or any building principal learns that a registered sex or violent offender who also is a "serious sex offender" as defined in I.C. 35-42-2-14(a) is on school property, s/he shall notify the local law enforcement agency.
I.C. 11-8-8, Sex Offender Registration ("Zachary’s Law")
I.C. 35-42-4-14
I.C. 36-2-13-5.5
© Neola 2015