A. Whenever the Superintendent of Schools is notified by the Colonie Chief of Police that a registered sexual offender determined to be a “serious threat” and classified as a “sexual predator”, a “sexually violent offender” or a “predicate sexual offender”, as defined in New York State Correction Law Sections 168-a.7. (a), (b) and (c) and 168-1.6 (b) and (c) of the New York State Correction Law, and classified as a “sexually violent predator”, as defined in the New York State Correction Law Section 168-1.6 (b) and (c), resides in or near the North Colonie Central School District, the Board of Education directs the Superintendent of Schools pursuant to statutory authority New York State Correction Law Section 168-1.6. (b) to initiate a district wide dissemination of such information, either by mail or personal delivery, designed to reach the following persons:
- All school district employees.
- Parents /guardians of all students attending schools of the North Colonie school district, using transportation of the North Colonie District and those registered with the District for home instruction, and
- All groups which regularly use District facilities with children in attendance.
B. In addition the district shall have and maintain in all district schools and the Central Office, the Town of Colonie Police Department Sex Offender Registry Community Notification Report furnished and supplemented by the Town of Colonie Police Department which Report contains information on registered sex offenders. This Report shall be made available for review on request of any persons specified in A. 1., 2., or 3. hereof
C. The district will maintain for internal use at the transportation department the Town of Colonie Police Department Sex Offender Registry Community Notification Report.
D. Additions not governed by A, to the Level 3 sex offender New York State Correction Law Section 168-1.6. (c) made to the Town of Colonie Police Department Sex Offender Registry Community Notification Report shall be promptly disseminated to all District employees.
Cross-ref: 1120, School District Records
Ref: Correction Law, Article 6-CShante D. v. City of New York, 83 NY2d 948 (1994)
Mirand v. City of New York, 84 NY2d 44 (1994)
Stoneking v. Bradford Area S.D., 882 F.2d 720 (2d Cir. 1989) Update on the Status of Sex Offender Registration and Community Notification Laws, Memorandum to Superintendent of Schools from Executive Director, NYS Council of School Superintendents, November 3, 1995
Note: Replaces prior policy, Notification of Convicted Sex Offenders Residing in the District, 1326
Policy Adopted: May 22, 1995
Amended: January 26, 1998
Amended: March 4, 2002
Amended: August 29, 2005