Juvenile Sex Offenders

PURPOSE:

This policy/procedure is to assure that WSSB has a process designed to protect the rights of vulnerable children against adjudicated juvenile sex offenders and provide procedural safeguards for children against juveniles awaiting a formal trial.  It is also the intent of this policy/procedure to provide for due process as guaranteed under IDEA and WAC for children who are disabled. (See Procedure: Predator Reporting/Sharing)

INFORMATION:

In accordance with state law, child molestation 1 is a felony for convicted adults and juveniles.  There are three levels of sexual offenders.

• Level 1 offender is one who has a low probability of re-offending; typically has offended only once.
• Level 2 offender has a slightly higher risk of re-offend­ing.  Offense may have been accompanied either by use of a weapon, or by physical force (beating).
• Level 3 offender is the classic sexual predator as defined by state statute.  The sexual predator generally has had multiple victims over a long period of time with a repeated pattern of offending.

PROCEDURE:

The following procedure is taken from state law and information compiled from LEAs and the community college setting.  Because Washington State School for the Blind is a residential school, the process may vary slightly from that of local school districts which do not have the aspects of communal living.

1. Juveniles convicted of or found to have committed a sex offense will not be admitted to or allowed to remain at the Washington State School for the Blind.  Exceptions may be made by the superintendent after considering the nature of the crime, the terms of release, the successful completion of treatment, the age of the student, the recommendation of the probation officer, and the risk associated with placement with young and disabled students.  The school will work with the local school district, parents, and other agencies to provide an appropriate program.  If the victim of the sex offender attends the Washington State School for the Blind, convicted juvenile sex offender is prohib­ited by law (RCW 13.40.215(5)) from attending the Washington State School for the Blind.
2. All due process procedural safeguards will be afforded a student prior to implementing a change in the IEP as result of an arrest based on sex offense charges or conviction of a sex offense.
3. If after due process has taken place and a convicted sexual offender student is to remain on campus, the following procedures will be followed.

Level 1:

• Law enforcement agencies will be informed by the courts as required by law. WSSB cannot inform local law en­force­ment or other agencies under the Family Educa­tional Rights and Privacy Act (FERPA).
• Information will go to those staff who need the infor­mation.
• Student's movement restricted.

Level 2:

• Law enforcement agencies informed by the courts as stated in Level 1, A.
• Staff informed as needed.
• Student's movement restricted.
• Information may be posted on campus by law en­forcement agencies.  WSSB cannot legally post information under FERPA.
• Law enforcement agencies may inform parents of student­s residing in the same cottage as the offender. FERPA do­es not allow WSSB to inform other parents.

Level 3:

• Law enforcement agencies informed by the courts as stated in Level 1, A.
• Staff informed as needed.
• Student's movement restricted.  Possible one-on-one aide provided through action of the courts.  This will need to be worked out with parents, local school dis­trict, other agen­cies, and the courts.
• Information posted on campus by law enforcement agen­cies following all regulations as designated by FERP­A.
• Law enforcement agencies may inform parents of WSSB stu­dents.
• Law enforcement agencies may inform the surround­ing neigh­borhood.