Sex offender’s attendance at school dance sparks Kansas bill to outlaw possible recurrences
STILWELL, Kan. (KCTV) - The Kansas Senate Judiciary Committee will be hearing testimony Tuesday morning on a bill that would prohibit some ed sex offenders from being at a school or school activity.
Senator Kellie Warren, who chairs the Judiciary Committee, introduced the bill after hearing from parents in the Blue Valley School District about an elementary school dance where a sex offender was present.
“I had a physical, visceral reaction of horror and discussed, quite frankly, that our schools would allow this to happen and that Kansas didn’t have any law in place to restrict it,” Warren said a day before the hearing.
News of a sex offender attending a dance at Blue River Elementary on Feb. 8 began circulating on social media after someone there recognized the man from the neighborhood as a ed sex offender. They saw him taking pictures of the kids. The school district said the man was escorting his girlfriend’s daughter to the dance and said the principal gave him permission to attend.
Indeed, Kansas law related to sex offenders dictates the registration process, but it does not contain any prohibitions on where sex offenders can be.
A KBI website on the sex offender registry states, “Currently, the State of Kansas has no law that mandates where an offender can or cannot live, work, or go to school, nor does Kansas law allow for local jurisdictions to have such laws, however this may be a condition of their probation. The KBI does not monitor these restrictions.”
SCHOOL DISTRICT AND BOARD RESPOND
School district spokesperson Kaci Brutto said the district does have istrative guidelines, which the man followed by requesting permission of the principal. Now, the district is proposing stricter language for the board to create a district policy.
Generally, it would require that the offender get written permission from both the superintendent and the director of safety. In the interim, permission must now come from the superintendent.
READ MORE: Blue Valley School District reevaluates sex offender policy
On March 3, a school district attorney presented its proposal. Some board asked if it could be altered to allow for parents to be notified if a sex offender would be present. The attorney expressed a concern that it could be considered harassment, in violation of the Kansas Offender Registration Act. She also expressed concern that the children of offenders could be impacted negatively when the children have done no wrong.
She added that if an offender is still under supervision with probation, restrictions are typically in place to require they not be around minors. Board member Jodie Dietz, who is a former probation officer, countered that once supervision has ended, that is no longer in play.
Several board expressed surprise that no state law was in place restricting attendance and said they would welcome a state law to provide guidance.
Brutto added that until a policy is approved by the board, all requests must now go to the superintendent.
The board will revisit the topic in April, after getting input from more parents. They can make revisions then and vote immediately or wait to vote until May.
THE BILL IN DETAIL
Senate Bill 288 would apply to any sex offender 18 or older who was adjudicated as an adult for crimes against a victim 18 or younger. It would make it a felony for them to be on school property or attend a school activity even if it’s held off campus. The level of felony would increase with each subsequent offense.
“I hope this provides some safety for kids in our schools, some peace of mind for parents,” said Warren, who has a child in the district and three children who are Blue Valley graduates. “I wouldn’t want my kids subjected to this, and I don’t want your kids subjected to this either.”
As written, there is no exception for parents or guardians who must attend instructional meetings such as those for an Individualized Education Program (IEP), nor exceptions for board meetings which are open to the general public, nor for students who may be sex offenders at age 18 or older. The district noted that some students are aged 18 to 21.
The Blue Valley School District submitted written testimony for Tuesday’s hearing. In it, the district urged the Senate Judiciary Committee to consider “strict conditions” that would allow entry into a school for enrolled students and parental participation in special education meetings.
KCTV5 asked Warren about those items and whether she would amending the bill to take those things into .
“Let’s have that policy discussion,” she said. “What does our community want? This is our government being responsive and able to the community. Do you want those ed sex offenders in the classroom? If you have a child on an IEP, can we maybe do those by Zoom? Can we do those offsite at a different location?”
In the school board meeting, the attorney discussed that Zoom was used often for IEP meetings but there were some concerns for those who are hearing impaired.
OTHER STATES
Missouri does have a law that prohibits sex offenders convicted of certain crimes against children from being within 500 feet of a school. There is an exception for a parent or legal guardian of a student. Offenders in that category instead need to get permission from the school board or superintendent, in the case of public schools, or principal, in the case of private schools. It does not place restrictions on school activities that happen elsewhere. A violation is a Class A Misdemeanor.
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