Policy Project:Lockport City School

District Sex Offender Policy

Monica Burgio Daigler, Lindsey Hutchison, and Katie Smith

Research on Policy and Policy ChangeResearch on Policy and Policy Change• The Assistant Superintendent for Personnel (Sue

Grigg)is the liason to the Board of Education in LCSD.• 4 board members and Sue make up the Policy

Committee in LCSD.• The BOE adopts the policy that the Assistant

Superintendent and Superintendent write and recommend.

• 2 Policy Services support this districto NYS School Board Associationo Erie BOCES Policy Services

• In 1997, LCSD received a policy book from BOCES with policies already written - the BOE adopted them.

Research ContinuedResearch Continued• Process for Policy Development in LCSD:

o Policy is written by Assistant Superintendent for Personnel and Superintendent or others, with help from Erie BOCES Policy Services

o Policy is sent to Policy Committee for approvalo Policy goes to full board for review

on 2 agendas, gives 2 opportunities for commento Policy adopted or declined after second meeting

• Assistant Superintendents and Superintendents receive many questions regarding what can/can not be done. You need to know your own district's policies so you do not go against them.

• LCSD Policies are on district website.

BOE has a review timeframe for policies - 3 years - may arise sooner depending on circumstances that arise.

Needs Assessment-- Force Field Analysis

• Principle was developed by Kurt Levin (field of social science).

 • Identifies the driving and restraining forces.

 • Helps in the weighing of the importance of the various

factors. • Develop strategies to reduce the impact of the opposing

forces and strengthen the supporting forces.

• Available Resources• Traditions• Vested Interests• Organizational Structures• Relationships• Societal or Organizational Trends• Attitudes of People• Regulations• Personal or Group Needs• Present or Past Practices• Institutional Policies or Norms• Agencies• Values• Costs• Etc, etc, etc...

Types of Forces to Consider

Force Field Analysis:Change Proposal/Goals of Change

Goals of Policy:Goals of Policy:  

1.1.Disseminate information to residents in district.Disseminate information to residents in district.    2.  Provide protocol (in regulations) for dissemination 2.  Provide protocol (in regulations) for dissemination

of information to those working in and using district of information to those working in and using district facilities.facilities.

    3.  Provide guidelines for reporting sex offender on 3.  Provide guidelines for reporting sex offender on

school grounds.school grounds.

Driving ForcesCurrent Demographics:  as of April 17, 2009 there are 60+ registered sex offenders living within Lockport City School District's zip code Vested Interests/Values: safety of students both on school grounds and in community Knowledge is Power:  educated faculty, staff, and families increases likelihood of safety Available Resources/Agencies:  Interest in the problem has recently been expressed by advocacy groups (information gained from law enforcement agency, resources and information from NYS). Associated Costs: availability of free resources, or utilization of resources already in place (i.e. district website)   

Restraining ForcesAssociated Costs:  district-wide mailings have associated costs (postage, paper, printing, etc) Attitudes of People:  increase in fear level of residents

Force Field Analysis

Force Field Analysis Conclusions  • Driving force of student safety and well-being Driving force of student safety and well-being

overrides restraining forces.overrides restraining forces.  • Decisions will need to be made regarding the Decisions will need to be made regarding the

associated costs of the various exhibits associated costs of the various exhibits (restraining force).(restraining force).

  • The development of this policy is viable and The development of this policy is viable and

progress can occur.progress can occur.

Our ProcessOnce we met with Assistant Superintendent, we looked up the laws involved in the policy and regulations and created a wikispace to house our information.

    Our findings...in left sleeve of folder

 We met again with Sue Grigg and she was

impressed with our research and efforts and explained the terminology and procedures for

our next step

Our Policy

• We used the recommended policy from Erie BOCES Policy Service, then revised the current changes that we found through our research: o The local law enforcement must (not "shall") notify local

school district of sex offenders residing in the area. o The school district will notify parents/guardians of sex

offenders living in the area This is OPTIONAL, but we felt it was necessary in

Lockport with the amount of sex offenders present.o Changed wording on sex offenders being near school

grounds, and special circumstances to be at school.

Regulations

We used the BOCES recommendation for regulations BUT found some changes since their recommendation in Jan 2009. 

 AGAIN...the word "shall" was changed to "may" was ammended from state correction law 168-1 (6)(b).

JUSTIFICATION :   

Current law allows law enforcement completediscretion to notify or not notify entities with vulnerable

populations, thereby opening law enforcement to possible liability byrequiring them to defend on a case-by-case basis which entities they

have determined to notify. 

It is the legislature's duty to ensure the uniform enforcement of the Sexual Offender Registry Act throughout New York State.

Currently, New York State's version of Megan's law is inconsistent with the federal law in regards to the requirement of law enforcement to release information on sexually violent

predators (level 3 offenders).  This change from the permissive "may" to the mandatory "shall" for level 3 offenders will bring

New York in line with federal requirements.

Regulations continuedSecond Change -- we found a Niagara County Law called the "Niagara County Pedofile-Free Child Safety Zone Act""Niagara County Pedofile-Free Child Safety Zone Act" passed on June 17th, 2008 which BANS Level 2 and Level 3 sex offenders from entering or remaining within one thousand (1000) feet from the real property. How did we know about it?  We found a blurb through our research on the Law.  Then we contacted the Legislator who co-sponsored the legislation.  He then gave us the Niagara County clerk's information and she sent us the actual legislation. We are now working with local law enforcement to determine whether we cited the legislation with the BOCES recommendations correctly.

Let's look at the reg's..it's very Let's look at the reg's..it's very exciting...exciting...

Exhibits• Each exhibit contains information about the New York

State Division of Criminal Justice Services Sex Offender Registry that can be reached at 1-800-262-3257.

  • Each exhibit provides the web address where

additional information can be retrieved: www.criminaljustice.state.ny.us.

  • Each exhibit explains how to request a paper copy of

the information from the district office.

Exhibits Continued

Options, Options, Options...        Exhibit 1: Letter sent to parents each time a sex offender is known to reside within the district.       Exhibit 2: Letter informing parents about free email notification system developed by Parents for Megan's Law (PFML).      Exhibit 2a: Letter informs parents that information regarding sex offenders living in the district will be available on the district's website.

Where we are now...and next steps...

• We have submitted the policy and regulations to the Assistant Superintendent for Personnel (Sue Grigg), along with the three possible exhibits for her and the Superintendent to choose from.

• Meet with Sue Grigg (Assistant Superintendent for Personnel)

• Meet with Terry Carbone (Superintendent) • Meet with local law enforcement officer • Present policy, regulation, and exhibit to Policy Committee• Attend BOE meetings (possibly answer questions, present)

where policy will be read at.

Reflections...

• Know the law...o Research, research, researcho Contact local authorities and government officialso Utilize the district's attorney

 • Safety of students is often the primary driving force and 

balances all restraining forces. • Force Field Analysis - useful tool for anticipating dissenters'

viewpoints and being ready to listen and respond.