Transcript Juvenile Sex Offenders and Schools: What your district

Juvenile Sex Offenders and Schools:
What your district needs to know
Welcome
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Q&A session at the end of the webinar.
12:00 p.m. Welcome and introductions
 12:03 p.m. Juvenile sex offenders in schools
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Legal overview
Who are the juvenile sex offenders?
Lessons learned
Revised policy on JSO notification: what’s new?
Effective safety planning
12: 45 p.m. Q&A
Presented by:
Heidi Maynard, WSSDA; Kathleen Sande, OSPI; and Dawn Larsen, WASPC
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Nothing in this presentation should be
considered legal advice.
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No information in this presentation represents
the position of WSSDA, OSPI or WASPC on any
specific legal matter.
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Your district should seek professional legal
counsel before acting upon any information in
this presentation.
Constitutional Provisions
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U.S. Constitution /14th Amendment
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Washington Constitution, Article XXVI, Compact
with the United States (Fourth)
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Washington Constitution, ARTICLE IX, Section 1
Statutory and Rule Provisions
District responsibility:
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RCW 28A.150.210 Basic education –
Goals of school districts.
WAC 392-400-215(1)
Student responsibility:
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RCW 9A.44.130 (1)(b)(i)
Exception:
Juvenile Court Act
 RCW 13.40.215(5)
Upon discharge, parole, transfer to a community
residential facility, or other authorized leave or release,
a convicted juvenile sex offender shall not attend a
public or approved private elementary, middle or high
school that is attended by the victim or a sibling of a
victim of the sex offender.
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Typically between the age of 13 and 17
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Generally male
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30-60% exhibit learning disabilities and academic
dysfunction
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Up to 80% have a diagnosable psychiatric disorder
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Difficulties with impulse control and judgment
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20-50% have histories of physical abuse
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40-80% have histories of sexual abuse
CSOM, “Myths and Facts About Sex Offenders: Statistic and Characteristics of Adult and Juvenile
Offenders, available on CSOM website (http://www.csom.org)
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They have significant
problems in the following
areas:
 Social skills
 Peer relationships
 Social isolation
 Academic difficulties
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They often have lower
incidents of drug and alcohol
abuse and other criminal
behaviors.
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Juvenile sexual abusers have
higher rates of:
 Depression and mental
health problems
 Health problems at an
earlier age
 Fire setting and running
away
 Hyperactivity and
restlessness
 Sexual victimization
Schwartz, Barbara K. and Cellini, Henry R. (1995). The Sex Offender: Corrections, Treatment and
Legal Practices. 6, 1-11.
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The median age of offenders is 14 to 15.
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The median age of the victim is 7.
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Average number of victims is 7.
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Over 90% of sex offenses involved a victim the offender
knew.
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Most attend school and achieve at least average grades.
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25 to 33% have neurological impairment.
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Among other things, they are tall, short, heavy, thin,
humorous, serious, challenged, ambitious, curious and
resemble other peers their age.
Washington State Dispositions for
Juvenile Sex Offenses ‘08 – ‘10
LS
SSODA
JRA
2008
90
145
132
2009
80
129
123
2010
77
114
87
180
160
140
120
100
80
60
40
20
0
164
106
JRA In residence
JRA Parole
Data taken from Automated Client Tracking System 10/2013
ESSB 6580 required OSPI to convene a
workgroup in 2006:
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To develop a model policy for school principals
receiving sex offender notifications
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To provide safer school communities
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To encourage principals to develop working
relationships with local law enforcement
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Importance of
School-Law
Enforcement
Relationship
ESSB 6580 Recommendations:
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Both principals and superintendents need
notifications
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Board policies are needed in all districts (no
matter if they never have had a sex offender)
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Local law enforcement encouraged to work
closely with school principals
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When school staff work collaboratively with law
enforcement = safer schools & communities
In 2012, SSB 5204 required the revised policy:
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Clarified Superintendent responsibilities
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Re-stated responsibilities of Principals
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Added Student Safety Planning based upon
Harassment-Intimidating-Bullying protocols
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Added Model Safety Plan template
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Added checklists for the safety meetings
Step 3:
Step 2:
Step 1:
Students registered as
sex offenders required
to notify law
enforcement within
three (3) business days
prior to arrival at
school to attend
classes.
Law enforcement
notifies school district
(Supt.) AND principal
of:
• student registration as a
Level I, II or II enrolling in
attending school OR
• when a student’s risk level
changes OR
• when Sheriff is notified of
student change of address
Principal provides
information to school
staff as follows:
• Level I Offender: school
personnel who, in their
judgment, for security
purposes, should be aware
of the student’s records.
• Level II or III Offender:
every teacher of that
student plus any other
school personnel who, in
their judgment, should be
aware of the student’s
record.
• Kidnapping Offenders:
case-by-case basis.
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Development
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Implementation
Heidi Maynard, JD
Director of Policy and Legal Services,
Washington State School Directors’
Association
221 College Street NE
Olympia, WA 98516
360-252-3017
[email protected]
Kathleen O’Neill Sande
Institution Education Program Supervisor,
Office of Superintendent of Public
Instruction
PO Box 47200
Olympia, WA 98504
360-725-6046
[email protected]
Dawn Larsen
Director of Projects,
Washington Association of Sheriffs and
Police Chiefs
3060 Willamette Drive NE
Lacey, WA 98516
360-486-2419
[email protected]