TOPEKA, Kan. — In a month's time, a proposed Kansas state law is being fast-tracked to the Senate and the Blue Valley School District is exploring a policy to restrict sex offenders from having access to school property.
It started with parent’s frustration that a registered sex offender, convicted of distribution or receipt of internet child pornography, was allowed to attend a school dance at Blue River Elementary in the Blue Valley School District.
The individual was given permission by the principal to attend in a guardian role.
It wasn't illegal or against school policies for the individual to be at the school because restrictions don't exist.
While the Blue Valley School District discusses its policy about registered sex offenders being on school grounds, Kansas State Senator Kellie Warren introduced Senate Bill 288.
Warren is a parent of four kids in the Blue Valley School District.
"We want to make sure kids are protected and safe from registered sex offenders who've committed a crime against a minor," she said. "This is an instance of government being accountable to the needs of a community and government springing into action."
The bill would make it a felony for registered adult sex offenders convicted of crimes against minors to enter school property or attend certain school activities.
A hearing on the bill in the Senate Judiciary Committee on Tuesday drew support and opposition.
Supporters of Senate Bill 288
It's not uncommon for Johnson County District Attorney Steve Howe to publicly support legislation related to public safety.
He believes that as the top law enforcement officer in the county, it is an obligation.
Howe said the bill is structured how it should be.
"If you are a sex offender and you preyed on kids ... you're precluded from being on school property," Howe said.
Howe cited data that showed people who commit sexual crimes against minors have a high risk of recidivism.
"When you are a pedophile or pedophile-related offense, restricting your access to schools is not that onerous," Howe said. "We take away people’s right to vote if they are convicted as felons. We take away your driver’s license if you commit certain offenses. It’s not a constitutional right to appear at a school as a pedophile."
Several parents, including the Daubert family, have a child who attended the school dance where the registered sex offender was present.
They spoke at the hearing in support of the bill.
"My concern is there's no security for my child, and it seems unfair that he had more rights than parents did when it comes to protecting our children," said Jessica Daubert, a Blue River Elementary School parent. "Think about the children."
Advocacy groups, including the Sunflower House, and representatives from the Kansas Sheriff's Association and the Children's Advocacy Centers of Kansas, Inc. also voiced their support during testimony.
"Preventing sexual abuse is possible, but it’s the responsibility of adults," said Judi Rodman, president and CEO of Sunflower House.
Neutral on Senate Bill 288
Shannon Kimball, a government relations specialist for the Kansas Association of School Boards, shared a neutral stance on the bill.
Kimball told legislators they have a few circumstances to consider, including potential conflicts with federal law, as they decide whether or not to move forward.
Some school districts in Kansas, according to Kimball, provide adult education services.
It's also not uncommon for schools to have seniors who turn 19-years-old during their senior year.
Kimball referenced a mandate they have to educate students ages 18-21, due to the Individualized Education Program (IEP). IEP students have a disability that requires special accommodations and instruction.
The board asked the committee to consider those circumstances and how a school district would manage a conflict between the requirement to educate those students if they are on the Kansas Sex Offender registry.
Kimball also mentioned the bill conflicting with federal law for parents who have rights under the Individuals with Disabilities Education Act (IDEA). It's a special education law that allows parents to participate in specific aspects of directing the education of their children.
Opponents of Senate Bill 288
A registered sex offender, whose conviction for what kind of sex crime was unknown, joined the hearing via Webex video.
As a single parent, he started by sharing that he does not take his mistakes lightly, but SB 288 would have a negative impact on his daughter.
"It's hard to put into words how much my daughter means to me. She is my heart," he said. "If this bill is passed, it will separate me from her world, and I won’t be able to be there when she needs me the most ... whether it’s parent-teacher conferences or picking her up from school."
Other opponents testified they believe the bill would do more harm than good to convicted offenders.
"The question I want to ask today is who is standing up for the children whose parent is on the registry? Senate Bill 288 would devastate their lives," a representative of the Kansas Coalition United Against Registry told the committee.
Another opponent questioned whether the bill is based on emotion rather than facts.
"How do you know the person who is the real offender at the dance is not Janie’s father, who’s not on the registry?" she said.
Grace Tran, an attorney for the Kansas State Board of Indigents' Defense Services, said contrary to the district attorney's data, this bill could increase recidivism.
"By isolating these community members from their social groups and community, it could increase instability and lead to an increased risk of recidivism," Tran said. "This bill would prohibit parents and grandparents on the registry from picking their children up from school, from going to concerts, sports games, parent teacher conferences."
Tran urged the committee to support policies that promote rehabilitation rather than Senate Bill 288.
Next steps for the bill
The next step with the legislation is more discussion and potential changes.
According to Sen. Warren, lawmakers will work on the bill in committee on Wednesday or Thursday without testimony.
The committee will then decide what they like in the bill and if there's anything in the bill they don't like or need to change. They could then pass the bill out favorably to the full Senate.
Warren believes that is what is likely to happen.
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KSHB 41 reporter Alyssa Jackson covers portions of Johnson County, including Overland Park, Prairie Village and Leawood. Share your story idea with Alyssa.
