NWESD Policy Manual & Administrative Procedures

3143-P – Procedure – Notification and Dissemination of Information About Student Offenses and Notification of Threats of Violence or Harm

Registered Student Sex or Kidnapping Offenders

1. Program administrators.
   Program administrators have statutory disclosure obligations upon receipt of information about registered student sex or kidnapping offenders described in Policy 3143. In addition to their responsibilities described in Policy 3143, program administrators have a responsibility to develop a protocol for safety planning for registered student sex or kidnapping offenders, which will include student meetings, designing and monitoring student safety plans, and implementing safeguards when students change programs or change sex offender levels or status with parole or probation.
2. Safety Planning.
   The program administrator will complete safety planning for registered student sex or kidnapping offenders with program staff, law enforcement, probation or parole, treatment providers, parents or guardians, care providers, and child advocates, as appropriate, in order to provide a safe program environment for all students and staff. For safety planning to be effective, the NWESD 189 will finalize formal enrollments for students required to register as a sex or kidnapping offender promptly after their enrollment request.
3. Student Meetings.
   The program administrator or designee, working together with probation and parole professionals, will meet promptly with the registered student sex or kidnapping offenders to create and implement a student safety plan. The program administrator or designee will determine other appropriate program personnel to be included in the meeting to assist in defining program expectations. The student’s parent or guardian or care provider may also be invited. The purpose for the meeting is to help the student be successful in his or her transition back to program and to provide a safe program environment for all students and staff.
4. Student Safety Plan.
   The program administrator or designee (and other program staff as applicable) in consultation with probation and parole professionals (if under court supervision) will create a student safety plan for each registered student sex or kidnapping offender. The plan will outline the responsibilities of the student and other stakeholders to promote those activities deemed essential in safely managing the student’s behavior.
   1. The Student Safety Plan will outline conditions and limitations on each student required to register as a sex or kidnapping offender concerning their interactions on the program campus;
   2. For students not under court supervision, the Student Safety Plan should be developed in conjunction with program staff in consultation with the student’s family or guardian or care provider;
   3. The Student Safety Plan will be based on the student’s needs and include guidelines for expected intervention actions for high-risk behaviors and reinforce positive behaviors;
   4. Each Student Safety Plan will be reviewed as necessary by staff designated by the program administrator.
5. Monitoring the Safety Plan.
   The Student Safety Plan for registered student sex or kidnapping offenders will be monitored and changes made on an “as-needed” basis by program staff.
   1. Program authorities should be prepared to take appropriate actions (especially if they notice an increase or escalation of a student’s high-risk behaviors) for the short and long-term safety of the student required to register as a sex or kidnapping offender and all other students.
   2. Program staff will report to the program administrator or designee and to law enforcement or other involved agencies (treatment providers, parole/probation) if they determine the student has not followed the Student Safety Plan.
   3. C) Follow-through on the Student Safety Plan will be consistent with existing disciplinary policies and procedures, student conduct policies, and mandatory reporting policies.
      Programs may develop program threat assessment teams and make referrals to those teams when students engage in inappropriate behaviors as defined in the Student Safety Plan.
6. When Students Move or Change Status.
   When a registered student sex or kidnapping offender changes programs, whether within or outside of the NWESD 189, the current program administrator will notify the new program administrator and share the student records and safety plans with the new program. If the student’s sex or kidnapping offender status or probation or parole status changes, the program administrator will notify the program staff as part of the program’s safety planning.

Adjudication in Juvenile Court for an Unlawful Possession of a Controlled Substance

At least five (5) days before a program administrator uses his or her discretion to share with a program or NWESD 189 staff member information about a student’s adjudication in juvenile court for an unlawful possession of a controlled substance in violation of chapter 69.50 RCW, the program administrator must first notify the student and the parent or legal guardian of the right to appeal the program administrator’s determination to the superintendent.

The program administrator’s notification may occur orally or in writing but must be in a language the parent and/or guardian understands, which may require language assistance for parents or guardians with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

The program administrator will either verbally explain any process for how to appeal the program administrator’s determination or provide the student and parent/legal guardian with a copy of any written procedures developed by the NWESD 189.

Within five (5) business days of receiving notice from the program administrator, if either the student or the student’s parent or legal guardian objects to the proposed sharing of the information, including objecting verbally or objecting in writing, the program administrator will not share the student’s adjudication information with a program or NWESD 189 staff member until the superintendent determines the appeal.

The superintendent shall have five (5) business days after receiving the appeal to make a written determination on the matter. Determinations by the superintendent under this subsection are final and not subject to further appeal.

Notification of Threats of Violence or Harm

The NWESD 189 has a program-based threat assessment program and investigates reports of possible threats of violence or harm consistent with Policy and Procedure 3225 – Program-Based Threat Assessment.

Under the Family Educational Rights and Privacy Act (FERPA), the NWESD 189 may release student records only with permission from the parent or the adult student (a student who is 18 years of age or older) or in a health or safety emergency, as defined by FERPA. For that reason, the NWESD 189 may disclose the identity of students who have made threats of violence or harm only as allowed by law.

The NWESD 189 will provide relevant information about the threat to the subject of the threat, and advise the subject of the threat if law enforcement has been involved in the matter.

Suspension or other removal from the program environment can create the risk of triggering either an immediate or a delayed violent response unless such actions are coupled with containment and support. When considering the appropriate response to a student’s threat of violence or harm, the student’s individual circumstances will be taken into account.

Any student discipline for making threats of violence or harm must be consistent with Policy and Procedure 3241 – Student Discipline. Discipline of students eligible for special education services or with disabilities will be consistent with Policy and Procedure 2161 – Special Education and Related Services for Eligible Student and Policy and Procedure 2162 – Education of Students with Disabilities Under Section 504 of the Rehabilitation Act of 1973.

Presented to Board: 10/28/20

Date Revised: 10/28/20