Florida Department of Education Responds to Letter
In November, FAC sent a letter to the Commissioner of the Florida Department of Education after we had received complaints from parents who were denied access to their children’s school events.
Below is the response from the Department of Education confirming that there is no State law that precludes a parent who is required to register from attending a parent-teacher conference, graduation, school play or other events in their child’s life, so long as they meet the conditions set forth in the Statute (§ 856.022). If you are a parent, not on probation and your child’s school is preventing you from attending such an event, please know the law and remind them of it.
February 17, 2020
Ms. Gail Colletta
gail@floridaactioncommittee.org
Dear Ms. Colletta:
Commissioner Richard Corcoran, Florida Department of Education (Department), asked the Department’s Office of Safe Schools to respond to your November 8, 2019, correspondence regarding “children of parents who are required to register as sexual offenders.” The Office of Safe Schools is pleased to respond on behalf of the Commissioner.
For assistance, we contacted the Florida Department of Law Enforcement (FDLE) office of Missing Persons & Offender Registration. FDLE provided the following information:
We are not aware of any restrictions in Florida’s sex offender registration statutes related to a registrant’s ability to participate in or be present at school functions or meetings. There is a procedure outlined in section 856.022, Florida Statutes, that applies when a registrant plans to attend an event at a child care facility or school.
However, individuals required to register may also be required to adhere to other court ordered restrictions and/or laws in terms of their contact or proximity with children or others, which may impact their ability to attend events at a child’s school.
Factors that could impact such a scenario include:
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- The individual is currently under supervision for their offense and may require permission from their probation officer or may have a court ordered restriction impacting their attendance;
- The victim(s) of their offense is a student, faculty, or staff member at the school where they wish to attend the function, and the individual is restricted from contact or proximity to victim(s) and/or their school/place of work; or
- The individual must comply with other court ordered directives, local laws and ordinances, or school board policies.
We are not familiar of any specific policies or procedures that districts have in place that may influence these scenarios. Individual districts would be best place to contact for that information.
Should you have additional questions or concerns, please feel free to contact Ms. Debra Sheets by calling 850-245-7859 or email debra.sheets@fldoe.org.
Sincerely,
Damien Kelly, Executive Director
I never cease to be amazed how long it can take government at any level to respond to a simple request, especially when the answer is as straight forward and brief as this one. Did it really need to take 3 months?
Alan, this is FAST for the government. We have requests out there that have taken MUCH longer.
That doesn’t make it right. My point is, they take forever on purpose, no matter how quick the answer should be able to be generated.
So registrant is barred from attending school events unless they have followed the procedure in the statute AND adhere to the school district’s policies.
I take it that in a home rule state such as ours, the school district has significant leeway, no?
Still, I thank them for their candid response and especially thank FAC for getting this conversation going.
I also appreciate the Department’s use of the term “registrant” which I hope will become more mainstream.
Bottom line – Some schools instituted the Raptor system, which flagged some of our members. They were told they were no longer allowed on the school campus to attend their child’s events and cited to the State Law for the reason why. THEY WERE WRONG!
Registrant parents CAN attend their children’s school events under State law and Dept of Ed policy, they just need to notify the school and if required, be supervised while on campus.
If an individual school district or individual school has a separate policy, that’s a one-off that will have to be handled separately.
I was flat out told NO I could not do the doughnuts with dad breakfast with my daughter. They told me I was not allowed. So I politely told them to kiss my ass and took my daughter out of school and went to breakfast and then shopping. This is good to know.
It is great they don’t say “$EX offenders” but “registrants” is too polite and semi-legitimate looking. I much prefer “People Forced to Register”.
This all sounds great but when you throw in ordinances by county, i.e. Brevard County Ordinance 2006-31, you might as well throw this commentary out. Every bureaucracy is a ‘kingdom’ unto itself. No body is in charge and everybody is in charge.
That’s a pretty long-winded deflection.
I don’t think so.
They are confirming that there is no State law or Department of Education policy that prohibits a registrant parent from attending their child’s event at their school!
Our members are being told they could not.
Do you think that Hospital visiting rules would have a similar process??
No, Public Schools are publc. Hospitals are generally privately owned.
The whole “sex offense” hysteria is only something like 20 years old. There have been people with sexual offenses long before that and there was no registry and no school or hospital turned anyone away.
I keep saying this and I’ll keep saying it; When attorneys fight these restrictions and ordinances, they need to remind the elders of the legislature (who all should know this information) that there was a time BEFORE a registry and the sexual crime rate hasn’t changed.
There was a time BEFORE the registry and people with sex offenses on their criminal records were not barred from going into their own child’s school.
Then pose the question: “What happened?” (Even tho we know the answer which is that the registry fear mongers the public) let these people in politics answer it. I guarantee you they won’t be able to without stumbling over their words.
Don’t harm children in anyway ever!
I’m gonna guess that don’t really care if you’re on the registry for “harming a child” or skinny dipping in a lake. If you’re on the registry- you’re a scumbag. Period.
Except with the Registries. Then it is okay. Most children who have parents who are forced to register are being harmed. Most are known and all of those are bullied. I expect every single child.
People who support Registries don’t care about children.
I suppose that ‘harm’ is only in the eye of those in power. They cannot see beyond their own limited vision as long as they can go home feeling good about themselves.
Just a thought, but wouldn’t Florida Statute § 856.022 be considered forced speech and therefore a violation of my first amendment rights? I pay taxes for schools and school events, now I have to “speak” about myself before I can attend? I fly under the radar, not for my benefit, but for my daughter’s. If I were to attempt to attend an event, the whole school faculty would then become aware, and by extension, the students. My daughter is in the same classes as two different teacher’s children. You know she would then become stigmatized. It’s all b.s.
Sometimes we have a tendency to forget that we are a “registrant” because something happened in our life and whether it be right or wrong, we are now fighting to make laws and rules more livable for our self and our family. Being nasty to folks that have nothing to do with making the rules and laws will get us no place. If we can be patient and level headed when dealing with others, we have a better chance of getting changes made. If not for us but for future people in our situation. Lets show people we are not “nasty” people but are people trying to make things better by changing peoples minds about us and the laws we have to live by, which are very unfair.
Here in Volusia I was told I could not even go pick up my son if he were sick. In the response it says we must comply with local laws, ordinances, and school board policies. By no means am I saying this response is a negative, but I feel like it’s a political answer. Well there is no law against it according to the state, but your local laws might not allow it, so you are still in the same place.
Michigan is a good example on this. It took the Michigan Supreme Court to get Michigan legislators off of ‘top dead center’.
Sounds like more garbage like the South Florida retroactive residency restrictions. The state freely admits that they have no authority to do certain things, but they also seem to allow the counties and municipalities to do those very things that they are not permitted to do. Welcome to Florida.
So to make this scenario realistic. My step son was sick at school today and my wife has to leave work early, an hour away, and come get him. I’m going to call the sheriff tomorrow and all what I have to do to be able to pick him up. I will let you know what they say.
Please do!
So the update as we stand now is this I called VCSO and was told by them after checking with a couple of people that there should be no issue with me going to pick up my child if sick or pick up or drop off my child.
I called the school district because VCSO said I should verify there as well. I was told I cannot be on school property. I respectfully and calmly asked a couple scenarios like drop off in pick up line, or teacher conferences. I had transferred around to three people and finally it came down to someone will call me back because it would be up to her and the school. I kept it about my kids will being. I am a parent, I have a child starting school in a year and a half. I need to know I can participate in his education. So now I wait and see.
Thanks PLEASE continue to keep us informed.
So she called, I missed the call and called her back. I referred to myself as a registered citizen and she was totally confused. I said RSO, and we moved forward. I decided planting the seed was enough.
So she was very nice and explained that I just need to be upfront and open with there principal and let them know what I will need to do as far as pick up drop off stuff. If they call with a sick kid just say ok I’m coming and let them know ahead of time.
I am very curious about school functions like concerts or plays as my older boy is in band and drama. Teacher conferences also. I kept it easy and quick today and called it a win, which is nice. Ultimately it sounds like they principal is the final obstacle, charter schools are a different sorry if thing I guess so I’ll have to deal with that but at least I know the sheriff’s view and district stance. This is Volusia for clarification.
Everybody’s in charge and nobody is in charge.
Actually the person I needed to speak to was in a meeting. She called back. We have to understand there nature of things. While it’s not right, public perception plays a huge part of it.
I just spent the last year going through this. When my child started public school I identified myself to the office and was still issued an ID since nothing came back on their system. I had full permissions until I was notified that a concerned parent complained. Finally I was contacted by the Manatee County School board legal dept. and told the policy was not to be allowed on school grounds or even the adjoining park. After many conversations I found that the principal had the main control. I contacted him and we came to an understanding. I could pickup and drop off my child. Conferences in the room next to the office. But no other events or entry without being accompanied by school official which they could not provide. I asked law enforcement if I could hire off duty officers to attend events. Said it was an interesting idea but I haven’t tried yet. This letter gives me more hope that I may be able to move forward. There are a myriad of small facts omitted here but it is a long story. Thank you FAC and to all. Stay strong.
Were you ever able to come to an understanding with your principal? I am currently going through this process. I have recently got off of probation about a month ago. About the same time my son’s mother passed away so now I am there only one he has. It was in my papers that I was allowed to pick him up and drop him off while on probation, and I am covered by 856.022 now that I am off. The principal seemed to be accepting that I was all that he has left and that she would make it possible for me to be at his events, but it seems now that she is kicking it up to her superior. If you read the statute closely it says that an assigned chaperone can be there with me and I would of course follow 1&2 by email informing her of my arrival and etc. But I think that the key word there is assigned. I have had a couple family members sign up to be cleared to chaperone with the county, couldn’t they just be”assigned” to me, or am I being to hopeful?