St. Louis County Schools, ISD 2142	MSBA/MASA Model Policy 906
Adopted:  August 29, 2016  (with revision from MSBA Model Policy)   			      Orig. 1997
											      Rev. 2006

906	COMMUNITY NOTIFICATION OF PREDATORY OFFENDERS

[Note:  School board adoption of a policy regarding a predatory offender notification is discretionary. The Sex Offender Community Notification Act, Minn. Stat. § 244.052, imposes duties on law enforcement agencies but does not impose mandatory notification duties on school districts except as set forth in Paragraph IV.B.6., below.]

I.	PURPOSE

The purpose of this policy is to assist school administrators and staff members in responding to a notification by a law enforcement agency that a convicted predatory offender is moving into the school district so that they may better protect individuals in the school’s care while they are on or near the school district premises or under the control of the school district.

II.	GENERAL STATEMENT OF POLICY

A.	The policy of the school district is to provide information to staff regarding known predatory offenders that are moving into the school district so that they may monitor school premises for the safety of the school, its students, and employees.  Staff will be notified as appropriate and have access to Offender Fact Sheets.

III.	DEFINITIONS

A.	“Risk Level Assessment” is the level of danger to the community as established by the Minnesota Department of Corrections following a review by a committee of experts.  The level of risk assigned to a soon-to-be-released offender determines the scope of notification.  (Minn. Stat. § 244.052, Subds. 2, 3)

B.	“Notification or Disclosure by Law Enforcement Agency”

1.	Risk Level I – The local law enforcement agency may disclose certain information to other law enforcement agencies and to any victims of or witnesses to the offense committed by the offender.  There will be no disclosure to school districts.

2.	Risk Level II – In addition to those notified in Level I, a law enforcement agency may notify agencies and groups the offender is likely to encounter that the offender is about to move into the community and provide to those agencies and groups an Offender Fact Sheet on the offender.  School districts, private schools, day care centers, and other institutions serving those likely to be victimized by the predatory offender are included in a Level II notification.

3.	Risk Level III – In most cases, the local law enforcement agencies will hold a community meeting and distribute an Offender Fact Sheet with information concerning and a photograph of the soon-to-be-released Level III offender.

(Minn. Stat. § 244.052, Subd. 4)

E.	“Offender Fact Sheet” is a data sheet compiled by the Department of Corrections or local law enforcement agency.  The Offender Fact Sheet contains both public and private data including a photograph and physical description of the predatory offender, as well as the general location of the offender’s residence.

1.	A local law enforcement agency will generally provide Offender Fact Sheets for Level II predatory offenders directly to the school district.

2.	Level III Offender Fact Sheets will be distributed at a community meeting conducted by the local law enforcement agency.

IV.	PROCEDURES

A.	The superintendent shall notify the law enforcement agencies within the school district that all appropriate Level II and Level III notifications are to be provided at least to the superintendent of schools.

B.	Level III Notification

1.	The superintendent shall notify the law enforcement agencies within the school district that all Level III notifications of community meetings are to be provided to the superintendent of schools.

2.	If the predatory offender is participating in programs offered by the school district that require or allow the person to interact with children other than the person’s children, the superintendent shall notify parents of children in the school district of the contents of the Offender Fact Sheet.

Legal References:	Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. § 244.052 (Community Notification)
20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)
42 U.S.C. § 16901 et seq. (Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program)
Dept. of Admin. Advisory Op. No. 98-004

Cross References:	MSBA/MASA Model Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)
MSBA/MASA Model Policy 415 (Mandated Reporting of Maltreatment of Vulnerable Adults)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
MSBA/MASA Model Policy 903 (Visitors to School District Buildings and Sites)