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JLFIA / KLFIA - Restricted Access to School Grounds by Convicted or Registered Sex Offenders

District Seal

A. Purpose:

The purpose of this policy is to ensure a safe learning environment for students and staff in compliance with New Hampshire and federal laws. This policy establishes time, place, and manner restrictions for convicted or registered sex offenders to be on school property while recognizing their rights to access their own children's education and participate in other lawful activities under the specific conditions set forth here.

B. Policy Statement:

Convicted or registered sex offenders are prohibited from being on School Property unless expressly permitted under the terms and conditions outlined in this policy. 

C. Definitions:

  1. Convicted or Registered Sex Offender: An individual required to register as a sex offender under state or federal law or who has been convicted of a sex offense as defined by New Hampshire law, that has not been otherwise annulled.

  2. School Property: All property owned, leased, or used by the district for school-related purposes, including buildings, playgrounds, buses, athletic facilities, fields, parking lots, and any other locations where school-sponsored activities are undertaken.

  3. Authorized School Activity: A school-sponsored event or meeting where attendance is permitted with prior approval as defined by this policy.

D. General Prohibitions:

  1. Prohibited Presence:
    Convicted or registered sex offenders are prohibited from entering or remaining on School Property except under the conditions specified in this policy.

  2. No Unauthorized Contact:
    Convicted or registered sex offenders are strictly prohibited from initiating contact with students, staff, or other individuals while on School Property without prior written approval of the Superintendent or SAU level Designee. The convicted or registered sex offender's own children are exempt from this requirement unless otherwise legally prohibited. 

E. Exceptions to General Prohibitions:

Convicted or registered sex offenders may only enter school grounds under the following circumstances:

  1. Access to Parental Involvement in Legitimate Educational Interests:

    Convicted or registered sex offenders who are the parent or guardian of a student may,  with the pre-approved written permission of the Superintendent or SAU level Designee, access activities legally protected by CFR 34, Part 99 - The Family Educational Privacy Act  The include the following activities:

    1. Parent Teacher Conferences

    2. Special Education Related Meetings (e.g. IEP Meetings)

    3. Americans with Disabilities Act (ADA) Sect. 504 Meetings

    4. Enrollment or Registration Events

    5. Student disciplinary meetings with school administration

    6. Other FERPA legally protected meetings / events

      In such exceptions as noted above, access by the sex offender will be scheduled to occur outside regular school hours, or in a manner minimizing contact with other students (e.g. relocated to SAU office, virtual participation etc.). In any circumstance where the offender is permitted physical access to the school when students are present, the convicted or registered sex offender shall be supervised and/or escorted at all times when on School Property. 

  2. Voting:

    • If School Property has been designated as a polling location for voting, the convicted or registered sex offender may vote during official election hours. The district will coordinate with law enforcement to ensure compliance with the law.

  3. Employment-Related Presence:

    • If a convicted or registered sex offender is employed by a vendor or contractor providing necessary services to the school district, conditions for limited access must be strictly defined in a written agreement with that vendor and shall be monitored by district personnel to ensure compliance.

  4. Public Meetings or Events:

    • Attendance at public events (e.g., school board meetings, community forums) is permitted if required by law but must be coordinated with law enforcement or school administration to ensure that the convicted or registered sex offender is supervised/escorted while on School Property.

  5. Enrolled Student

F.  Attendance at Public Schools:

  1. Mandatory Registration:

    • Under RSA 651-B:2, individuals convicted of sexual offenses are required to register with the Department of Safety, Division of State Police.

  2. Notification to Schools:

    • Upon release, the local law enforcement agency may notify the superintendent of the school administrative unit and the principal of any school within its jurisdiction about the offender's residence.

  3. Restrictions Imposed:

    If permitted to attend public school, a student with a sex offender status may face certain restrictions, including but not limited to:

    • Regular Reporting: The student may be required to meet regularly with school administrators or counselors to ensure compliance with imposed restrictions.  When making determinations related to the restriction of access to the school environment for convicted or registered student sex-offenders, the Superintendent or designee will consider the student’s:

      1. No Contact Orders: If the victim is enrolled in the same school district, the Superintendent or designee may impose measures to prevent any contact between the offender and the victim, which could include transferring the offender to another school placement.

      2. Schedule Adjustments: The student’s schedule may be modified to minimize contact with potential victims.

      3. Limited Access: Restrictions may be placed on the student's access to specific areas, such as restrooms, locker rooms, or places where other students are present.

      4. Supervised Attendance: The student might be required to have a designated staff member accompany them during school hours to monitor interactions.

  4. Right to an Education:

    • While public education is a right, the District will maintain its duty to provide a safe environment for all students and staff by balancing these interests with careful consideration of both the student's educational needs and the safety of the school community.

  5. Individualized Assessments:

    • The Superintendent or designee will assess each case individually, taking into account factors such as the nature of the offense, the age of the offender, and any potential risks to other students.

G. Conditions for Authorized Access:

  1. Approval Process:

    • Convicted or registered sex offenders seeking to access school grounds under an exception must submit a written request to the Superintendent or designee no less than seven (7) business days prior to the intended visit.

    • Approval will include time, date, and specific areas of the School Property the convicted or registered sex offenders may access along with any requirements for an escort and/or supervision.

  2. Supervision Requirement:

    • An administrator or designated staff member must supervise and/or escort any on-campus presence of the convicted or registered sex offenders to ensure compliance.

  3. Identification and Notification:

    • The convicted or registered sex offenders must present valid identification upon arrival on School Property and comply with any required check-in procedures.

    • Relevant staff (e.g., front office, security personnel) will be informed of the approved visit and any restrictions or requirements for escort and/or supervision.

H. Violations:

  1. Trespassing:  Any unauthorized presence on school grounds by a convicted or registered sex offender will be reported to law enforcement as criminal trespass under New Hampshire RSA 635:2.

  2. Revocation of Access:  The Superintendent or designee may revoke access if the convicted or registered sex offender fails to comply with the conditions set forth in this policy.

  3. Mandatory Reporting:  Any violations of this policy or inappropriate behavior must be reported to law enforcement and the New Hampshire Department of Education as required.

I. Notice and Dissemination:

  1. This policy will be published annually in student handbooks and posted on the district website.

  2. A copy of this policy will be provided to local law enforcement and probation/parole offices to ensure consistent application and enforcement.

Legal References:

  • New Hampshire RSA 635:2 (Criminal Trespass)
  • New Hampshire RSA 651-B (Sex Offender Registration
  • 20 U.S.C. § 1232g (FERPA)
  • Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act
  • Adam Walsh Child Protection and Safety Act of 2006

First Reading: 2/20/25
Second Reading: 4/17/2025
Adopted: 4/17/2025
Last Reviewed:  4/17/2025, 6/5/2025
Revised:  6/5/2025