BISMARCK - Registered sex offenders should not be allowed on school property unless a school board allows exemptions, a Fargo legislator said Wednesday.
Senate Bill 2256 would ban sex offenders from public and private school property unless allowed through a written policy adopted by a school board or a governing body of a private school.
The bill requires school boards and governing bodies to adopt sex offender policies and provide notice of these policies to each registered sex offender living within the school district. An offender who violates the law would be guilty of a Class C felony.
Sen. Tom Fiebiger, D-Fargo, the prime sponsor of the bill, said he knows there will be some questions and concerns about the legislation.
Still, the bill provides a balanced approach by taking steps to keep children safer and by giving local school boards flexibility to address issues on a case-by-case basis, he told the Senate Judiciary Committee.
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Sen. Stan Lyson, R-Williston, said he agrees with the bill but wants to see school boards develop policies in cooperation with local law enforcement.
Sen. Curtis Olafson, R-Edinburg, asked if anyone besides sex offenders would be notified about the school policy.
Fiebiger said he would assume the policy would be distributed through regular school means of giving information to parents and staff.
Fargo Public Schools Assistant Superintendent Dan Huffman said the district "enthusiastically" supports the penalty provision in the bill.
Two months ago, the Fargo School Board voted to prohibit adult sex offenders from being on school property, even if they have children in school.
However, the policy has "no teeth" because there isn't a penalty, Huffman said.
The district is concerned, however, about being required in the bill to notify each sex offender in the district of its policy.
The district would have to monitor offender registration information daily, he said. Huffman suggested the offender should find out what the school policy is when registering as a sex offender.
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Fargo Police Chief Keith Ternes said he supports the bill but understands concern from schools about the notification process. He didn't think it would be a problem for law enforcement to share district policy during sex offender registration.
Lyson asked if Ternes thought law enforcement should be involved in school sex offender policymaking. Ternes said he "wholeheartedly" agreed.
The Senate Judiciary Committee did not act on the bill Wednesday. House Bill 1472, introduced by Rep. Donald Clark, R-Fargo, also relates to banning sex offenders on school property.
Readers can reach Forum reporterTeri Finneman at (701) 241-5560
