| ESC of Central Ohio |
| Administrative Guidelines |
8470 - SEX OFFENDER NOTIFICATION
Ohio's "Sex Offender Registration and Community Notification" law requires all "habitual sex offenders" and adjudicated "sexual predators" (hereinafter "offenders") to register with the sheriff of the county in which they reside. The sheriff must then notify certain community members including the Superintendent of the Educational Service Center in which such an offender resides. Upon verification of such information, the sheriff may also notify certain community members, including the Superintendent of the Center, that the offender is employed and/or attends an institution of higher education within geographical notification area. If the offender is a juvenile, the sheriff will notify the building principal of the school that the delinquent child attends, and if the delinquent child attends a school outside the center where s/he resides, the sheriff will notify the superintendent of the governing board of a center that governs the school that the delinquent child attends and the principal of the school the child attends. If a building principal receives such a notice from the sheriff, 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 is notified that a habitual sex offender or sexual predator has registered with the county sheriff as a resident of the Center, the Superintendent 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, educational aides, coaches, guidance 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.
Information provided by the notice shall include the offender's name, address, and the offense of which s/he was convicted or to which s/he pleaded guilty. The notice shall also include a physical description and/or photograph of the offender to the extent that the Superintendent has been supplied with such information. If such information has not been provided to the Superintendent, the Superintendent will attempt to secure such information from the sheriff to facilitate identification of the sexual offender/predator. If the offender is a juvenile who is attending a school in the Center, the notice will also identify the school s/he attends and his/her grade level.
Notification shall take place in the following manner:
| A. | Notices will be disseminated by the building principals in a manner determined appropriate to ensure that information remains confidential and restricted to only those person identified above. | |
| B. | Employees provided such information are required to maintain said information as confidential and to store all materials disseminated under this policy in a manner guaranteed that they remain confidential and are not lost, stolen, or released or viewed by unauthorized persons. | |
| C. | If the Superintendent receives notice from the sheriff that the offender has relocated outside the Center, all employees will be notified and required to return all materials relating to that offender to the Superintendent for proper disposal within five (5) school days. |
Reporting Procedure:
| A. | If an offender who does not attend the school is observed on or near school property or a bus stop area by an employee who has been so notified, and the 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). | |
| C. | The Superintendent is responsible for notifying the Franklin County police department, if in his/her judgment, the presence of the sexual predator or habitual sex offender appears to be without a legitimate purpose or otherwise creates concern for the safety of students. | |
| D. | The Superintendent shall work with the police to make sure appropriate action is taken to address the situation. | |
| E. | Employees should generally not attempt to communicate directly with the offender, unless the circumstances warrant such communication. | |
| F. | "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 Governing Board policies. |
Confidentiality:
All information contained in the notice to employees is confidential and may not be discussed with or released to any persons not identified above in the section entitled "Notice to School Employees". Unauthorized disclosure of this information to other employees, students, or persons outside the school system may result in disciplinary action and/or individual civil liability. Such action shall be considered to be outside the scope of the individual's employment with the Center.
All sexual offender records retained by the Superintendent and school employees are exempt from disclosure under R.C. 149.43.
Community Notification:
The Superintendent shall not release information concerning an offender who is subject to Community Notification laws to any person other than those employees identified above and as required by law. Persons not identified above who wish to receive information concerning the offender shall be directed to the office of the sheriff with whom the offender has registered.
R.C. 2950.01-.09, 2950.11-.12, 2950.99
A.C. 109:5-2-201, 109:5-2-203, 109:5-2-204
Approved 2/26/07