Last spring the Superintendent of Public Instruction issued an informational memorandum to all Washington School District Superintendents and School Principals. Effective September 1, 2006, House Bill 2101 created a new amendment which created a sex offender notification obligations for Sheriffs and School Principals. Please read a copy of the memo below:SUPERINTENDENT OF PUBLIC INSTRUCTION
May 15, 2006                                                                 (  )     Action Required                                                                                        (X)    Informational
MEMORANDUM NO. 015-06 LEARNING AND TEACHING SUPPORT
TO:            Educational Service District Superintendents
School District Superintendents
School Principals
                 Administrators of Private Schools
                 School Safety Officers
FROM:     Dr. Terry Bergeson, State Superintendent of Public Instruction
RE:           Sex Offender Notification to Principals by Sheriffs beginning September 1, 2006
House Bill 2101, enacted by the 2005 Regular Session of the Washington State Legislature and signed into law by the Governor, amends RCW 9A.44.130 regarding sex offender registration and notification requirements.  These amendments create new notification obligations for school principals and sheriffs, which take effect September 1, 2006.
The amendments to RCW 9A.44.130 in part require:
--Any adult or juvenile sex offender required to register under RCW 9A.44.130 to notify the county sheriff within 10 days of enrolling in or arriving at a school of the offender’s intent to attend the school.
--The county sheriff to promptly notify the school principal of this intent.
--The county sheriff to provide the principal with at least the following information:  the sex offender’s name, address, date and place of birth, place of employment, crime for which convicted, date and place of conviction, aliases used, social security number, photograph, and fingerprints.
A principal receiving such notice shall disclose the information received from the sheriff as follows:

• If the student who is required to register as a sex offender is classified as a risk level II or III, the principal shall provide the information received to every teacher of the student and to any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student's record.
• If the student who is required to register as a sex offender is classified as a risk level I, the principal shall provide the information received only to personnel who, in the judgment of the principal, for security purposes should be aware of the student's record.
• Any information received by a principal or school personnel under this law is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the federal family and educational and privacy rights act of 1994 (FERPA).

The full text of HB 2101 is included as a Web link to this memorandum.
The Office of Superintendent of Public Instruction (OSPI) is required to develop a model policy for school districts to implement these new requirements (see Web link below—ESSB 6580, enacted by the 2006 Regular Session of the Washington State Legislature), and to provide a final report with recommendations to the Legislature by November 15, 2006.  It is unlikely this model policy will be available prior to September 1, 2006.  In the interim, OSPI is working closely with the Washington Association of Sheriffs and Police Chiefs (WASPC) to help facilitate local law enforcement officials and school administrators working together to develop protocols to effectively implement these new notification requirements.
Between now and September 1, 2006, district and school administrators should be in contact with local sheriffs and police chiefs to develop these protocols, which should address methods for ensuring timely notification and communication procedures to follow when issues arise.  School administrators should anticipate receiving a list of all registered juvenile sex and kidnapping offenders by September 1, 2006, who are currently attending the school or who have provided information that they intend to attend the school in the future.
As these new notification requirements are implemented, school administrators may receive inquiries or information requests from parents or community members.  School personnel are under no obligation to disclose information regarding sex offenders attending school beyond what is required by HB 2101, and in fact are prohibited from disclosing certain information under FERPA and state law.  Thus, administrators should refer such inquiries to local law enforcement representative who provided the school with notification, the student’s Juvenile Rehabilitation Administration case manager, or a juvenile court representative for further information.  School administrators should remind those inquiring that all community notifications are the responsibility of local law enforcement.  Reference can also be made to the Washington sex offender Web site: http://ml.waspc.org for additional information.
 
Additional information:
 Full text of House Bill 2101, Chapter 380, 2005 Laws: http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Session%20Law%202005/2101.SL.pdf
 Full text of Senate Bill 6580, Chapter 135, 2006 Laws:  http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Session%20Law%202006/6580-S.SL.pdf
Family Educational Rights and Privacy Act (FERPA) information can be viewed at the following Web site: www.ed.gov/offices/OII/fpco/ferpa
 If you have any questions, please contact our office at 360.725.6051 or send an e-mail message to ksande@ospi.wednet.edu.  The agency TTY number is 360.664.3631.
This bulletin is available on the agency Web site at the following URL http://www.k12.wa.us/bulletinsmemos/. 
STUDENT SUPPORT AND OPERATIONS
Marcia L. Riggers
Assistant Superintendent
 
LEARNING AND TEACHING SUPPORT
Martin Mueller
Director
 
Kathleen Sande
Program Supervisor
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