ADE Director's Communication Memo Form


Memo Number : COM-08-027

Date Created : 09/20/2007

Attention:

Superintendents
Co-op Directors
Secondary Principals
Elementary Principals
Middle School Principals
High School Principals

Type of Memo: Informational
Response Required: No
   
Section:   Legal Services - Scott Smith, Attorney
Subject:
Act 992 of 2007, Sex Offenders on Campus, Exceptions

Regulatory Authority:
Act 992 of 2007

Contact Person:
Dr. Diana Julian

Phone Number:
501-682-4205

E-mail:
diana.julian@arkansas.gov

Pursuant to Act 992 of 2007, it is unlawful for a sex offender required to register under the Sex Offender Registration Act of 1997 and has been assessed as a Level 3 or Level 4 offender to knowingly enter upon the campus of a public school. Specifically, the offenders are prohibited from entering any public school operated by a public school district; a charter school; a state-funded prekindergarten program operated by a public school or education service cooperative; the Arkansas School for the Blind; the Arkansas School for the Deaf; the Arkansas School for Mathematics, Sciences and the Arts; an educational facility of the Division of Youth Services of Department of Health and Human Services (DHHS) or contracting with the Division of Youth Services; and any educational facilities of the Division of Development Disabilities Services of DHHS.

Act 992 also allows certain exceptions for which the offenders described above may enter a school campus. Therefore, it is not a violation of this act if the sex offender:
• Is a minor and is a student;
• Enters upon the campus for the purpose of attending a school-sponsored event for which an admission fee is charged or tickets are sold or distributed, a graduation ceremony, or a baccalaureate ceremony;
• Enters upon a day that is not designated a student contact day by the school district’s calendar or on a day in which no school-sponsored event is taking place upon the campus; or
• Is the parent or guardian of a student enrolled in a public school district and enters upon the campus where the student is enrolled for the purpose of: delivering medicine, food or personal items directly to the school office for the student; or attending a scheduled parent-teacher conference, provided the sex offender is escorted to and from the conference by a designated school official or employee.

In addition, a sex offender who is the parent or guardian of a child enrolled in a public school and wishes to enter the campus for any other reason must give reasonable notice to the school principal or a designee. The school principal or designee may allow the parent sex offender to enter the campus as long as there is a designated school official or employee available to escort and supervise the sex offender while on campus. If a designated school official or employee is not available at the time the parent sex offender wishes to enter the campus, the parent sex offender must wait until one is available before entering the campus.

Direct questions or requests for additional information, to Dr. Diana Julian at 501-682-4205.

Attachments:
    None

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