The Wilkes County Board of Education is committed to the safety of students, employees and other persons on school property. In order to create and maintain a safe school environment and comply with G.S. 14-208.18, the Board of Education establishes the following policy provisions.
A. Student Sex Offender On School Property
A student who is enrolled in the school system and is a registered sex offender subject to policy 5022, Registered Sex Offenders, is expressly forbidden (1) to knowingly be present on any property owned or operated by the school system, including school buildings, athletic fields, playgrounds, parking lots, buses or other property, and (2) to attend school-sponsored or school-related activities, except to the extent the student is permitted to be on school property to receive educational services.
A student subject to policy 5022, Registered Sex Offenders, who is receiving educational services on school grounds must comply with the requirement that he or she be supervised by school personnel at all times.
B. Educational Services for Student Sex Offenders
1. If permitted by the Superintendent, subject to the approval of the Board of Education, a student who is subject to Section A of this policy and is eligible to attend public school under G.S. 115C-378 may be present on school property subject to any conditions and restrictions imposed by the Superintendent and/or the Board of Education.
2. Upon notification of the student and his/her parent(s) or legal guardian(s) and recommendation of the Superintendent, the Board of Education will hold a hearing to determine whether to expel the student or provide the student with educational services. The decision to expel the student will be based on the standard established by G.S. 115C- 391(d)(2). The hearing will be conducted in accordance with Policy 4353 and/or 4370.
3. Prior to expelling a student pursuant to G.S. 115C-391(d)(2), the Board of Education will consider whether there is an alternative program offered by the school system that may provide educational services to the student.
4. If the Board of Education determines that a student will be provided educational services on school property, the student must be under the supervision of school personnel at all times.
5. If a student subject to this policy violates the conditions and restrictions placed upon the student by the Board of Education, school administrators and the Board of Education will follow established student discipline procedures and impose an appropriate disciplinary measure, up to and including expulsion.
6. If a student subject to this policy is a child with a handicap or disabilities, he or she will be provided educational services in compliance with federal and state law.
Legal References: Americans With Disabilities Act, 42 U.S.C. 12132, 28 C.F.R. Part 35; Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., 34 C.F.R. Part 300; Rehabilitation Act of 1973, 29 U.S.C. 705(20), 794, 34 C.F.R. pt. 104; G.S. 14-208.18, -25A; 115C, art. 9; 115C-378, -391
Adopted: November 1, 2010