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HCPSS / POLICIES

Policy 9500 – Educating Student Sex Offenders

The purpose of this policy is to establish and communicate to students, parents, and HCPSS employees the procedures and guidelines for responding when students are registered juvenile or adult sex offenders.

Policy Document

Implementation Procedures

I. Policy Value Statement

The Board of Education of Howard County (Board) is committed to maintaining a safe and secure learning environment for all students. The Board is further committed to providing an education to students who are registered juvenile or adult sex offenders as required by §11-704.1 of the Criminal Procedure Article, Annotated Code of Maryland.

The Howard County Public School System (HCPSS) is responsible for providing an education in accordance with State law for students who are registered juvenile or adult sex offenders through methods or locations other than on public school property.

II. Purpose

The purpose of this policy is to establish and communicate to students, parents, and HCPSS employees the procedures and guidelines for responding when students are registered juvenile or adult sex offenders.

III. Standards

  1. Communication Regarding the Provision of Educational Services

    1. Immediately upon becoming aware of a student who is a sex juvenile or adult offender registrant, the Superintendent/designee and the school-based administrator will arrange a meeting with the student and parent, to advise them of the manner in which the student will be educated in accordance with State law, until such time that the student is no longer a juvenile or adult sex offender registrant.

      1. It will be made clear that the student continues to be an enrolled student (not withdrawn or expelled) and entitled to receive an education in accordance with State law but is not allowed to enter the property of any public or nonpublic elementary or secondary school without express written consent to access the grounds pursuant to an educational placement decision.

      2. The Superintendent/designee will be the primary contact person within the HCPSS who will make initial contact with the family and facilitate all future communications.

    2. Students who have a Section 504 Plan or Individualized Education Program (IEP) must continue to receive the services and instructional modifications established through the Section 504 Plan or the IEP.

      An appropriate team meeting must be expedited to determine any required revisions to the Section 504 Plan or IEP are made to ensure the student’s educational needs are met and the student continues to receive a Free Appropriate Public Education (FAPE).

  2. Pathways to Meeting Graduation Requirements

    1. Home and Hospital Teaching Program

      A student who is a juvenile or adult sex offender registrant and who meets the criteria for Home and Hospital Teaching Program by having a physical or emotional condition that warrants placement in the Home and Hospital Teaching Program in accordance with Maryland law.

    2. Individual Virtual Learning

      A student who is a juvenile or adult sex offender registrant may be educated using an individual virtual learning program accessible to the student within a location other than school property. HCPSS and school leaders will ensure, if assigning this pathway to graduation, that the student has the appropriate resources to successfully access learning including an appropriate electronic device, reliable internet access, necessary software and learning platforms, and access to adults for instructional and technology support, as needed.

    3. Nonpublic Educational Program

      HCPSS may refer a student who is a juvenile or adult sex offender registrant to be educated at a nonpublic program. The receiving program has discretion within this statute to accept or deny a student entry upon receiving knowledge of the student’s status as a juvenile or adult sex offender registrant. In the instance where a student is not accepted, the HCPSS must assign another method by which the student will be educated.

      1. The student who is a juvenile or adult sex offender registrant must notify an agent or employee of the nonpublic educational program of their requirement to register as a sex offender.

      2. The student who is a juvenile or adult sex offender registrant is given specific written permission by an agent or employee of the nonpublic educational program to attend the program.

  3. Planning for Transition

    1. A transition plan for the return to the school environment when a student is no longer a juvenile or adult sex offender registrant will include:

      1. Preparing the student, involved HCPSS school-based employees, and impacted peers as appropriate for the pending return.

      2. Determining appropriate interventions and supports to be implemented upon the student’s return,

      3. Monitoring progress and making timely adjustments to interventions and supports to ensure the student’s success.

    2. Designate individuals to serve on a multi-disciplinary school-based support team that will facilitate the student’s successful return.

    3. Plan for and implement specific actions to support the student’s social reintegration with peers and HCPSS school-based employees.

    4. Use of restorative approaches as a means of recognizing and addressing stakeholder questions and concerns.

IV. Responsibilities

  1. The Superintendent/designee will ensure the policy is published in the school system’s student handbook.

  2. School-based administrators will review this policy with HCPSS employees annually.

V. Delegation of Authority

The Superintendent is authorized to develop procedures for the implementation of this policy within the limits set for by this policy.

VI. Definitions

Within the context of this policy, the following definitions apply:

  1. Confidential – Information that is private, not intended to be shared with others unless they have a legitimate educational interest.

  2. Discipline – Action taken in accordance with Policy 9200 by the principal/designee and/or the Superintendent/designee after a determination has been made that a student is in violation of any school system policy and/or the HCPSS Student Code of Conduct. Disciplinary actions can range from verbal reprimands and/or loss of privileges to expulsion.

  3. Free Appropriate Public Education (FAPE) – Provision of regular, special education and/or related services designed to meet a student’s individual educational needs.

  4. HCPSS Employee – Any individual who is a permanent or temporary employee of the HCPSS whose compensation is paid in whole or part by the Board, including but not limited to, school-based administrators, teachers, substitute teachers, paraeducators, and other school-based and Central Office support staff.

  5. Home and Hospital Teaching Program – A program designed to provide instructional continuity to students who are unable to attend their regular school of enrollment due to a physical crisis, emotional crisis, pregnancy, or chronic health impairment.

  6. Individualized Education Program (IEP) – A written description of the special education and related services for a student with a disability that is developed, reviewed, and revised by the student’s IEP Team.

  7. Juvenile or Adult Sex Offender – Defined in the Sex Offender Registration and Notification Act (SORNA) Section 111(1) is a person who was ‘‘convicted’’ of a sex offense. Hence, whether an individual has a sex offense ‘‘conviction’’ determines whether he or she is within the minimum categories for which the SORNA standards require registration.

  8. Parent – Any one of the following, recognized as the adult(s) legally responsible for the student:

    1. Biological Parent – A natural parent whose parental rights have not been terminated.

    2. Adoptive Parent – A person who has legally adopted the student and whose parental rights have not been terminated.

    3. Custodian – A person or agency appointed by the court as the legal custodian of the student and granted parental rights and responsibilities.

    4. Guardian – A person who has been placed by the court in charge of the affairs of the student and granted parental rights and responsibilities.

    5. Caregiver – An adult resident of Howard County who exercises care, custody, or control over the student but who is neither the biological parent nor legal guardian, as long as the person satisfies the requirements of the Education Article, §7-101 (c) (Informal Kinship Care) or has been issued a U.S. Department of Health and Human Services’ Office of Refugee Resettlement (ORR) Verification of Release form entering into a custodial arrangement with the federal government.

    6. Foster Parent – An adult approved to care for a child who has been placed in their home by a State agency or a licensed child placement agency as provided by the Family Law Article, §5-507.

  9. Related Services – Any supportive intervention that is available through the school system.

  10. Section 504 Plan – A written document developed for an eligible student that allows the student to receive a free and appropriate public education in the least restrictive environment.

  11. Student – An individual enrolled in a public school system or non-public school in the state who is 5 years of age or older and under 22 years of age.

  12. School System Property – Any property owned or leased by the HCPSS or used by HCPSS for school-related activities. The concept of property extends to school activities such as field trips, use of parks and recreation facilities, proms at hotels, etc. School buses, bus stops, and facilities scheduled by the school system for student use are considered an extension of school property.

  13. Student Record – Document(s) directly related to a student and maintained by the HCPSS.

  14. Student Support Team (SST) – A diverse group of school-based educators, that may include school counselors, psychologists, administrators, nurses, and teachers, that meets regularly to discuss the educational and behavioral needs of students. When necessary, this group also collaboratively develops interventions to support the specific needs of students.

VII. References

A. Legal

  • Md. Ann. Code, Criminal Procedure Article, §11-704-1

  • Md. Ann. Code, Criminal Procedure Article, §11-722

  • Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.

  • Rehabilitation Act of 1973, 29 U.S.C. §794 et seq.

  • COMAR 13A.03.05 et seq.

  • Title 1 of the Adam Walsh Child Protection and Safety Act of 2006

B. Board Policies

C. Relevant Data Sources

D. Other

  • HCPSS Student Code of Conduct

  • HCPSS Student Handbook

  • Secondary Student and Parent Handbook

VIII. History

ADOPTED: February 9, 2023

REVIEWED:

MODIFIED: September 12, 2024

REVISED:

EFFECTIVE:  September 12, 2024

Policy History Key

  • Adopted-Original date the Board took action to approve a policy
  • Reviewed-The date the status of a policy was assessed by the Superintendent’s Standing Policy Group
  • Modified-The date the Board took action to alter a policy that based on the recommendation of the Superintendent/designee did not require a comprehensive examination
  • Revised-The date the Board took action on a that policy based on the recommendation of the Superintendent/designee needed a comprehensive examination
  • Effective-The date a policy is implemented throughout the HCPSS, typically July 1 following Board action.