Sex Offenders on School Property

Legal Brief

Since the 1990s, Congress has passed several federal laws about tracking and sharing of information about sex offenders. (See ojp.gov/smart/index.htm.)

The availability of public details about registered sex offenders, or RSOs, contributes regularly to questions about offenders at or near schools.  

How will you know? Federal law requires immediate notice to any school in the area where the RSO resides, is an employee or is a student. Information regarding the proximity of an RSO can be shared confidentially with school employees with a need to know, such as principals, school resource officers and playground monitors. If a student or a student’s parent is an RSO, a school official should inform all instructional and support personnel who have regular contact with the student. Under FERPA, a district may disclose personally identifiable information without consent if the disclosure concerns a sex offender, according to the federal guidelines.

Should you tell parents? Federal law does not require you to inform parents or the public, but some schools choose to do so. To avoid the inadvertent release of confidential or inaccurate information, school officials may state simply that the school has received notice about an RSO in the area with a link to the public database for more information.

Are RSOs allowed to live near schools? This matter is determined by state law, city ordinances or individual court orders. An offender whose victim was a child may be ordered to observe a child safety zone as a condition of parole. The zone may prevent the offender from supervising or participating in athletic or civic activities that include children as participants; going within a specified distance of places where children commonly gather; or living within a certain distance of a school.

Are RSOs allowed to visit school campuses or events? If an RSO is not restricted by a child safety zone, the individual’s presence at school or school events depends on local policy. School officials may exclude individuals who have no legitimate reason to be on campus, but an RSO may have a legitimate purpose, especially if he or she is a parent.

Does a parent have a right to come on campus if he or she is a registered sex offender? In general, parents have a legal right of access to their children at school. However, a school may impose reasonable restrictions to maintain order and ensure the safety of other students.

If a school official learns that a parent is an RSO, the official should request to see the applicable court order and work with a school attorney to determine an appropriate level of access and supervision for the individual. For example, a school might allow an RSO parent to come onto campus to eat lunch with his or her daughter but have an administrator monitor the visit. Or a school might allow an RSO parent to volunteer at a class party with many other adults present, but not to drive students on a field trip.  

Can an RSO work at a school? Many state laws prevent RSOs from working in schools or obtaining teaching credentials. School districts may have even more restrictive policies. Generally, these policies are defensible given the particular risks of the school environment, but be aware the Equal Employment Opportunity Commission recommends against blanket exclusions, suggesting instead narrowly tailored procedures for screening individual applicants that identify specific offenses that may demonstrate unfitness based on the unique requirements and environment of the job.

Similarly, schools should require all contractors to screen their employees before they can work on school campuses.

An Active Role

As a final note, school officials and parents should not rely too heavily on the sex offender registry to keep children safe. Schools should play an active role in educating staff, parents and students about how to keep children safe in their communities and online environments. The U.S. Department of Justice (nsopw.gov/en/Education) is an excellent resource on education programs.


Joy Baskin is director of legal services with the Texas Association of School Boards in Austin, Texas.
E-mail: joy.baskin@tasb.org