Adult Sex Offenders on School Property

Alabama law allows adult sex offenders who have been convicted of a sex offense involving a minor to be present on school premises when such offenders have a legitimate purpose for being there. However, law also requires such offenders to follow certain procedures in order to be allowed to be present. The Mountain Brook Board of Education adopts this policy in keeping with Alabama law and the safety and security of the school environment.

A.     No adult sex offender, after having been convicted of a sex offense involving a minor, shall loiter on or within 500 feet of the property line of any Mountain Brook Schools property on which there is a school, childcare facility, playground, park, athletic field or facility, school bus stop, or any other having a principal purpose of caring for, educating, or entertaining minors.

B.     To loiter means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose. An adult sex offender does not violate unless he or she has first been asked to leave a prohibited location by a person authorized to exclude the adult sex offender from the premises.

C.     An authorized person includes, but is not limited to, any law enforcement officer, security officer, principal, teacher, school bus driver, coach, or any person designated with that authority by school officials. The Mountain Brook Board of Education authorizes any and all employees, when acting in good faith, to ask an adult sex offender to leave school property when reasonably judged to be loitering.

D.     Recognizing that Alabama law provides both for sex offenders to be on school property for legitimate purposes and puts certain legal requirements on sex offenders who wish to do so, the Board of Education adopts the following procedures. These procedures must be followed whenever school is in session, or when any K-12 school activity is occurring. For the purpose of this policy, “offender” refers to adult sex offenders who have been convicted of a sex offense involving a minor.

1.      The offender must notify the principal or designee 48 hours before entering onto school property or attending the K-12 school activity. The offender must identify himself or herself as a sex offender convicted of an offense against a minor. When less than 48 hours notice is provided, the request will be reviewed by school administrators prior to approval of the visit.

2.      The offender must immediately report to the principal or designee upon entering school property or arriving at the K-12 school activity.

3.      The offender must comply with procedures established by the school to monitor the whereabouts of the sex offender for the duration of his or her presence on the school property or attendance at the K-12 school activity.

4.      Procedures established to effectuate monitoring the offender while on school property or in attendance at the K-12 school activity must be limited to discreet monitoring of the offender.

5.      Any person who is in violation of any aspect of this policy is understood by the Board of Education to be in violation of the law. Employees authorized to do so by the Board of Education will, when possible, provide notice to the offender that he or she is loitering or is otherwise not in compliance with procedures and must leave. If the offender does not leave, school authorizes will notify the appropriate law enforcement agency.