226P - Prohibiting Entry of Those Convicted of Sexual Offenses onto School Property

 A.        Sex Offender Registry Notification

The School Board will annually notify parents of each student enrolled in the school division of the availability of information in the Sex Offender and Crimes Against Minors Registry and the location of the Internet website.

 

B.         Notification of Registered Sex Offenders

Upon being notified that an enrolled student’s parent/guardian is a registered sex offender, the principal shall notify the parent in writing that they are barred from school-controlled property or at any school-related or school-sponsored activity without the prior, written and express permission of the Superintendent or designee.  

 

C.        School Visitation by Registered Sex Offenders

Any person who is a registered sex offender is barred from school-controlled property and at any school-related or school-sponsored activity without the prior, written and express consent of the Superintendent or designee.  

Any person who has been convicted of a sexually violent offense, as defined in Code of Virginia § 9.1-902, shall be prohibited from entering or being present upon any elementary or secondary school or child day center property during school hours or during school-related or school-sponsored activities, on any school bus, or on any property, public or private, when such property is solely being used by an elementary or secondary school for a school-related or school-sponsored activity unless (1) he is a lawfully registered and qualified voter, and is coming upon such property solely for purposes of casting his vote; (2) he is a student enrolled at the school; or (3) he has obtained a court order pursuant to Virginia Code § 18.2-370.5.C allowing him to enter and be present upon such property, and is in compliance with terms and conditions of the order.  

Registered sex offenders seeking permission to visit school-controlled property or any school-related or school-sponsored activity shall make their request in writing to the Superintendent a minimum of two weeks prior to the date they wish to visit school-controlled property or any school-related or school-sponsored activity.  The request shall specifically reference the location, the date(s) and time, and the reason the individual would like to be granted permission to be on school-controlled property or at any school-related or school-sponsored activity.  If any such permission is granted, it must specify the location, date, time and other limited circumstances and conditions under which the individual may be present, with a copy of such permission transmitted simultaneously to principal, the Frederick County Sheriff or designee, and School Resource Officer. 

When a registered sex offender is permitted on school-controlled property or at school-related and school-sponsored activities, he/she will be monitored to ensure that he/she does not come into contact with any children other than his/her own. 

 

 

 

Legal Reference

Code of Virginia, 1950, as amended, § 18.2-370.5, 22.1-79.3, 9.1-914, 9.1-918, 9.1-902, and 19.2-390.1.

Va. Const., art. VIII, section 7; Commonwealth v. Doe, 278 Va. 223 (2009)

 


Adopted:          June 19, 2007

Amended:         June 17, 2008

Amended:         January 19, 2010

Amended:         August 16, 2011