Can a Sex Offender Attend School Events at His Child's School

My question involves criminal law for the state of:

Local registered sex offender in my area has a son/step son that plays a sport on campus. He was convicted in 2000 of 288(a) at the time he was approx 36. From what I have researched online it is up to the school to grant permission for him to attend the extra curricular activities? Penal code 626.81 states this but also says the school admin is suppose to notify the parents of each child attending. I have expressed my concerns to the school along with asking for printed school policy regarding this matter and all that they respond is that he is able to attend and no further information can be discussed.

Please advise...are there any provisions in California to stop this, what is the school required to do? Laws? Penal codes?

stop what? If the guy has fulfilled the requirements of the law, there is nothing to stop.

Quote:

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(a) Any person who is required to register as a sex offender pursuant to Section 290, who comes into any school building or upon any school ground without lawful business thereon and written permission from the chief administrative official of that school, is guilty of a misdemeanor.

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they need no printed policy. The statute sets out the requirements to allow such a person to enter the school grounds.

and I see nothing requiring the adminstration to notify anybody. Care to show where you read that?

Quote:

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(a) Any person who is required to register as a sex offender pursuant to Section 290, who comes into any school building or upon any school ground without lawful business thereon and written permission from the chief administrative official of that school, is guilty of a misdemeanor.


(b) Punishment for violation of this section shall be as follows:


(1) Upon a first conviction by a fine of not exceeding five hundred dollars ($500), by imprisonment in a county jail for a period of not more than six months, or by both the fine and imprisonment.


(2) If the defendant has been previously convicted once of a violation of this section, by imprisonment in a county jail for a period of not less than 10 days or more than six months, or by both imprisonment and a fine of not exceeding five hundred dollars ($500), and shall not be released on probation, parole, or any other basis until he or she has served not less than 10 days.


(3) If the defendant has been previously convicted two or more times of a violation of this section, by imprisonment in a county jail for a period of not less than 90 days or more than six months, or by both imprisonment and a fine of not exceeding five hundred dollars ($500), and shall not be released on probation, parole, or any other basis until he or she has served not less than 90 days.
(c) Nothing in this section shall preclude or prohibit prosecution under any other provision of law

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If you believe the person does not have the requisite written permission, contact the police and inform them of the matter. I would think they would investigate the matter by calling the school administration and asking them if they have issued said written permission.

And the reason the school doesn't want to discuss the situation any further is, the sex offender has legal rights too and can sue. The school knows this and doesn't want to get involved in a law suit.

Know what you are legally able to do and not do or you may just find yourself with criminal or civil charges pending.

Statistically speaking, that guy is far less a threat to your child or any other children than a close friend or family member who has not yet been caught. So, the fact that you know who he is already makes everyone safer.

Yes, you can contact the school's administration and ask if permission has been granted, and you can also call the police if you believe he is a 290 registrant and on grounds without said permission. It probably won't be a high priority response, but, if they contact him and find him to be without said permission they will either arrest him or ask him to leave - the latter being the most likely.

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Quoting jk

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stop what? If the guy has fulfilled the requirements of the law, there is nothing to stop.



they need no printed policy. The statute sets out the requirements to allow such a person to enter the school grounds.

and I see nothing requiring the adminstration to notify anybody. Care to show where you read that?

If you believe the person does not have the requisite written permission, contact the police and inform them of the matter. I would think they would investigate the matter by calling the school administration and asking them if they have issued said written permission.

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I have asked the district if they granted permission and they avoid the direct question with "he is allowed to attend and that's all we are at liberty to say" I have found some penal codes online but I was asking for advice here to be sure I am understanding it correctly. Below is the rest of that penal code you quoted and it states that parents are supposed to be notified in section B.

626.81. (a) A person who is required to register as a sex offender
pursuant to Section 290, who comes into any school building or upon
any school ground without lawful business thereon and written
permission indicating the date or dates and times for which
permission has been granted from the chief administrative official of
that school, is guilty of a misdemeanor.
(b) (1) The chief administrative official of a school may grant a
person who is subject to this section and not a family member of a
pupil who attends that school, permission to come into a school
building or upon the school grounds to volunteer at the school,
provided that, notwithstanding subdivisions (a) and (c) of Section
290.45, at least 14 days prior to the first date for which permission
has been granted, the chief administrative official notifies or
causes to be notified the parent or guardian of each child attending
the school that a person who is required to register as a sex
offender pursuant to Section 290 has been granted permission to come
into a school building or upon school grounds[/B], the date or dates and
times for which permission has been granted, [/U][/B]and his or her right to
obtain information regarding the person from a designated law
enforcement entity pursuant to Section 290.45. The notice required by
this paragraph shall be provided by one of the methods identified in
Section 48981 of the Education Code.

If the school says he is allowed to be there, then the issue may well be dead in the water. The police are not going to work to overrule the school.

here are the requriements of how the parents must be notified:

Quote:

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ARTICLE 4. Notification of Parent or Guardian [48980 - 48985]

( Article 4 enacted by Stats. 1976, Ch. 1010. )

48981.

The notice shall be provided at the time of registration for the first semester or quarter of the regular school term. The notice may be provided using any of the following methods:
(a) By regular mail.
(b) If a parent or guardian requests to receive the notice in electronic format, by providing access to the notice electronically. Notice provided in electronic format shall conform to the requirements of Section 48985.
(c) By any other method normally used to communicate with the parents or guardians in writing.
(Amended by Stats. 2012, Ch. 17, Sec. 1. Effective January 1, 2013.)

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so, even if they have not provided notice, what is your purpose? You have no right to demand the person not be allowed to be on school grounds. At this point it sounds like you simply want to prove a point because in the end, it is up to the school administration to allow or deny the person entrance to school grounds.

Quote:

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Quoting KMCrow

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My question involves criminal law for the state of:

Local registered sex offender in my area has a son/step son that plays a sport on campus. He was convicted in 2000 of 288(a) at the time he was approx 36. From what I have researched online it is up to the school to grant permission for him to attend the extra curricular activities? Penal code 626.81 states this but also says the school admin is suppose to notify the parents of each child attending. I have expressed my concerns to the school along with asking for printed school policy regarding this matter and all that they respond is that he is able to attend and no further information can be discussed.

Please advise...are there any provisions in California to stop this, what is the school required to do? Laws? Penal codes?

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Quote:

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Quoting KMCrow

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I have asked the district if they granted permission and they avoid the direct question with "he is allowed to attend and that's all we are at liberty to say" I have found some penal codes online but I was asking for advice here to be sure I am understanding it correctly. Below is the rest of that penal code you quoted and it states that parents are supposed to be notified in section B.

626.81. (a) A person who is required to register as a sex offender
pursuant to Section 290, who comes into any school building or upon
any school ground without lawful business thereon and written
permission indicating the date or dates and times for which
permission has been granted from the chief administrative official of
that school, is guilty of a misdemeanor.
(b) (1) The chief administrative official of a school may grant a
person who is subject to this section and not a family member of a
pupil who attends that school, permission to come into a school
building or upon the school grounds to volunteer at the school,
provided that, notwithstanding subdivisions (a) and (c) of Section
290.45, at least 14 days prior to the first date for which permission
has been granted, the chief administrative official notifies or
causes to be notified the parent or guardian of each child attending
the school that a person who is required to register as a sex
offender pursuant to Section 290 has been granted permission to come
into a school building or upon school grounds[/B], the date or dates and
times for which permission has been granted, [/U][/B]and his or her right to
obtain information regarding the person from a designated law
enforcement entity pursuant to Section 290.45. The notice required by
this paragraph shall be provided by one of the methods identified in
Section 48981 of the Education Code.

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Administration isn't required to furnish notice since the person you have questions about is a parent/family member. I would say they answered your direct question with a direct answer.

Quote:

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Quoting jk

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here are the requirements of how the parents must be notified:


so, even if they have not provided notice, what is your purpose? You have no right to demand the person not be allowed to be on school grounds. At this point it sounds like you simply want to prove a point because in the end, it is up to the school administration to allow or deny the person entrance to school grounds.

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I don't understand your animosity towards my posts? I am just trying to find out my rights as a parent. I'm not posting flyers or picketing the school so calm down....to clarify...nor will I. I haven't demanded anything, I have asked for advice to be better informed on the situation. I thank those of you whom have been kind and helpful. Not to sure how many people would invite a convicted registered sex offender into their homes/schools to be unsupervised around their children but the school can without so much as notifying me.

Having a child at the school, gives him purpose under any activity related to his sons schooling or sports activity. Written permission is not needed within those parameters.

There are many things that can happen without parental notification. The fact that you know who this person is (assuming he is a 290 registrant) shows that word does get out. However, as I mentioned, it is not the registered and known sex offenders that should be a parent's greatest concern as the greatest threat comes from the unknown offender who is generally close to the victim and the victim's family. So, even if they excluded this man from campus activities it would not make your child any safer.

There is no animosity from me. My question was simple; what is your goal?

the administration has a right to allow the man on campus. You have been told by the administration the authorize his presence. After that I simply don't understand what you want from anybody. Care to explain what your ultimate goal is in the matter?

Frankly, as a parent of two small children, I get it. When it comes to my kids - I am to my kids what the secret service is to the president - I will protect them at all costs, take any threat, no matter how small, deadly seriously, and their safety, not someone else's rights, are my first concern.

As everyone else has said, it seems that, unfortunately, he's allowed to be there. I'm not advising harassing him or targeting him in any way, but I will say that I'd keep an eye on him - and if he ever said "Hey, why are you always near me at games, staring at me, etc." I'd tell him to go pound salt and to not show up (or not commit sex offenses) if he didn't like the scrutiny. And if he has a problem with that answer, tough s*!t.