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Registered Sex Offender Barred from Child’s Campus Sues School District

A parent and registered sex offender is suing the Grossmont Union School District because he says he is not allowed on campus to take part in his child’s education.

The father told the district he is a registered sex offender, but the district would not give him the written permission he needs to go on campus, denying him what he and his lawyer, Janice Bellucci, say is his right to take part in his child’s education. Full Article

Related

http://www.sandiegoreader.com/news/2016/nov/21/ticker-parent-sues-grossmont-school-district/#

Join the discussion

  1. steve

    I think you are going to lose a lot of the public when it goes to the volunteering part.

    • School district misses the bus

      There are other ways to volunteer at the school where he is not around children and still be able to be involved with his child’s education.

      Making him drop his child off for school off campus would be fine if he or the child wanted that, but in the name of the child’s safety, the child is dropped off at school. Can the school be held liable for injuries to the child if the child is injured on the way to or from the school off campus because of this situation they are putting the child in?

      This is a knee-jerk reaction by the school district in the name of political correctness due to the minds of others who have small minds and no clue.

      • steve

        I have 3 kids and had to deal with all these issues. When someone hears volunteering they think sitting around a room finger painting with little toddlers. It is my opinion to lay low and be there for the important moments. Sports, plays graduation etc…I have always chosen the path that doesn’t open a can of worms with my kids best interest always first. it turned out that through the years everyone knew of my situation at our school and I was asked to help with certain things. I believe, fight to be involved in YOUR own kids education but don’t volunteer have your wife do it. Good luck with this but I think we are asking to much with the volunteering.

      • Harry

        …or being pick-up by a school employee and sexually abusing the kid.

    • Joe

      I would agree. However, one would hope that the law suit reiterates to the JUDGE the fact that any criminal (murderer, child / wife beater, bank robber, drug dealer) can not only freely enter a school, there are also no barriers to volunteering for them. Are those the people I want volunteering, possibly on my child’s school bus?

      Furthermore, they need not have a child / lawful business at the school. I remember this from a while back:

      http://www.latimes.com/sports/highschool/la-sp-westchester-fairfax-basketball-20160123-column.html (please not the lone comment – mine)
      https://en.wikipedia.org/wiki/Chris_Brown#Personal_life

      • Jennifer Yard

        In PA, our volunteers with the school and scouts and even our church, need to pass State Police criminal clearances and child abuse clearances……so uh, if you murdered someone, were convicted of beating your wife or you robbed a bank, you would not be permitted to volunteer.
        If you commit the crime, be prepared for the consequences
        ….

        • Hopeful

          Ur Right Jennifer there are definitely people on the list that I would not want around my children. Those people make up the minority of rc’s however. I personally am actually on the list for the egregious dastardly crime of buying a storage unit from my housekeeper. The unit contained some old computer gear that turned out to be stolen and 1 contained some pictures of underage females in sexual situations. I understand that makes me a violent sexual predator to closed minded and stupid such as urself, so it’s ok if we can’t hang out. Judgemental bitch!

  2. LM

    “Equality and acceptance for all” – Obama during Ellen’s Medal of Freedom award ceremony.

    Uh, huh… SURE. As long as there are schools in America that deny a parent’s birthright to attend their children’s school functions and graduations, Obama’s words will forever ring hollow and self-serving.

    United States of Selective Rights!

  3. Joe

    On that note, how many here had to commit a crime when voting 2 weeks ago because their polling place is in a school?

    • MS

      I voted by mail because my polling place was a school..which isn’t unusual. It was the high school I graduated from several decades ago. I drive past it at least once every day. It’s the same high school that both my kids will likely attend. The same high school that I can’t step foot on. Can’t attend a parent/teacher conference, can’t attend a football game with them, can’t attend their graduation. God bless america….

      • Jennifer Yard

        What was your crime? Why are you not allowed on school property?

        Every crime has consequences….the problem in this country is we think its ok to do what we want, when we want, regardless of who we hurt and then we expect all rights should be afforded to us.
        So, some of the crimes that will put you on “the list”:
        Sex with a minor—
        Rape
        Exposing your privates in public
        Forcing someone to perform sex acts for pictures
        Soliciting minors with sexual propaganda
        And much more…but as a parent in the school district, HELL NO, I don’t want people that commit these crimes anywhere near children. News flash, children go to schools.

        Also, the schools close now for elections, so I believe you are allowed (in most states) to go to your polling place. You may want to review that

        • AlexO

          In California, it doesn’t matter what your crime was. If you have to register you can’t be on campus if a school at any point, for any reason, unless you have direct approval.

          Btw, your children have a 10+ higher chance of being involved in a DUI than hurt by one of the offenders you mentioned.

        • Tired of this

          First of all, registrants are actually statistically unlikely to commit another sex offense, especially not on a campus attending his kid’s PTA meeting. Can you name a single instance of a registrant committing an offense on a school campus? Your kids are far more likely to be molested by someone they know or known to your family. About 90% of contact offenses aren’t committed by registrants, and this is a known verifiable fact.

          Second, you said all crimes have consequences. Registrants have already paid for their transgressions. They have paid their debts to society, in many cases many years ago. What more do you want of us? Most of us aren’t in any way dangerous and are just trying to live our lives in peace just like you.

        • NPS

          “the problem in this country is we think its ok to do what we want, when we want, regardless of who we hurt and then we expect all rights should be afforded to us.”

          Not just afforded to us. Those are rights that we are entitled to per the U.S. Constitution. And yes, even those who have committed crimes and especially those who have already met all terms of probation/parole and are now free citizens. The real problem in this country is people like you who think that once any person commits a crime that person should no longer be afforded any rights. It’s THAT mentality that needs to stop.

          • New Person

            Once a person has paid their due to society, then they are rights are restored like a free citizen.

            What others want is even more punishment that creates a sub-level class of citizens that do not receive the benefits of being a citizen. Based upon what? A false fact and fear mongering. The Constitution was supposed to protect all, especially the weak. The registration is a form of tyranny that does not treat those forced to register like people. Hello Salem Witch trials!

        • Tim Moore

          There are also serious consequences for bad policies based on vindictiveness, ignorance and fear mongering. California found that out with its Jessica’s Law. Residency restrictions expanded the registrant homeless population which caused increased risk for everyone. Registrants could not find jobs or safe places to live. It was harder for police to monitor parolees living somewhere under an overpass or behind a grocery store in the few places that where not near the “child safety zones”; registrants where far from services and support of friends and family members that could help them prevent re-offending.
          Those who take pleasure in the extra judicial punishment of former offenders, their spouses and kids, punishment for its own sake without caring about truth or how their attitudes affect the general welfare of the population, are being as irresponsible as offenders who chose not to change their behaviors.

    • David Kennerly aka “The Human Equivalent of Toxic Waste"

      The real crime was in the array of choices provided us by the two dominant parties.

      • NPS

        The real crime is believing that you only have 2 choices. There were plenty others on the ballot, and I voted Green.

        • David Kennerly aka “The Human Equivalent of Toxic Waste"

          I said “the two dominant parties.” That excludes both the Greens and, my personal favorite, the Libertarians whom I have always voted for as an aspiration for a better country.

  4. Gerald

    Seems like I read about some sex offender molesting kids in schools all over the state practically every week but I don’t recall any of them being “registered”.

  5. G4Change

    Thank you, Janice and all, for your continued fight for the civil rights of ALL Americans! I pray for your success in this lawsuit!

  6. Not Really

    In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the “liberty” specially protected by the Due Process Clause includes the rights . . . to direct the education and upbringing of one’s children.

    The Fourteenth Amendment “forbids the government to infringe … ‘fundamental’ liberty interests of all, no matter what process is provided, unless the infringement is narrowly tailored to serve a compelling state interest.”

    – Washington v. Glucksburg, 521 U.S. 702 (1997)

  7. t

    I live in this District I was looking at taking some classes at The Adult School in this District but I guess I might be tonight too since there might be high school kids at the same time that I would be on campus even at night never expected this from the district that I went to in high school

  8. jcm

    Has anyone ever tried attacking this from the child’s point of view? I mean, you could say that every child has the right to have their parents drop them off at school, or attend the school play, or the parent teacher conference with them.

    And every child has the right for that to happen with complete discretion. You can’t treat children of RC’s different than other kids.

    I think there could be some traction if this were treated as a civil rights thing for the children of registered citizens.

    I have 2 kids in school, and they have a right for me to participate in their education the same as other kids do. Without having to jump through hoops getting permission in advance or being ‘monitored’ while I’m there.

    • Good point on the child's POV

      I have never seen anyone take this one from the child’s POV, but that is one point (civil rights of the child) which is worthy to consider and follow up on when it comes to their education.

      Put them in the seat to describe what do they want when it comes to their education with their parents in front of the school board, et al. Let the school board try to tell them life isn’t fair, they don’t always get what they want and their voices don’t necessarily matter. Let the school board be the bad guy who can cause resentment in the family when the child gets upset and angry at the parent for what the parent allegedly did when the child wants the parent involved. The school board becomes the bad guy and the entity which is always going to be in the crosshairs of resentment for the child as they mature into an adult and as children possibly as their own.

      Maybe the school board will get the message as the other parents argue against it. It would make for an interesting school board meeting(s).

    • Janice Bellucci

      Unfortunately, there is no state law that recognizes the rights of children to have their parents participate in their school activities. However, I think that is a good talking point — that children of registrants are being harmed because their parents cannot participate.

      • New Person

        Janice,

        What counts as a disability (and/or penalty)?

        I ask b/c I read why the 1203.4 doesn’t provide relief due to the fact registration didn’t pose any disability (or penalty). With several new statutes since the Courts decision on 1203.4 and ML collided, isn’t there a way we can show that there is now disability and or penalties for registration. And is there a way to tie that into California’s Constitution “inalienable right to obtain privacy”? This way a parent who’s earned a 1203.4 is not penalized (ostracized from a child’s education) as it is a form of banishment – which you have already proven that banishment is unconstitutional.

    • Timmr

      It’s great that this school board breaks up families and makes children hate authority. Great for social instability. There will be an equal and logical reaction one day, and they won’t know what hit them.

  9. Children have a right, regardless if no law, to a parent's involvement

    The psychology of having a parent involved in their children’s schooling is immensely positive! If the school does not, they are holding back the child’s development intentionally and, I think, maliciously. The child does not need a law to say their parent should be able to be involved. The child has rights (including Miranda if need be) regardless to having their parent involved as noted Constitutionally above. Put the child on the stand or in a deposition to ask for the opinion as noted above and see what they want, then see what the opposition counters. The child will be scarred from the trauma related to the questioning. If a felonious two-time girlfriend beating thug could get on a high school campus to watch hoops unsupervised, then the child deserves to have their parent involved for their development, not for the political correctness of the school and their insurance policy rates.

    • Not Really

      Some may have incentive to go though this in detail. I browsed it and the Protection of Pupil Rights Amendment (PPRA) looks like it might have at least some interesting talking points if not “loopholes” that can be exploited. If there is nothing here, keep digging.

      http://www.cde.ca.gov/ds/dp/

  10. Chris F

    Sorry, I’m no lawyer but this sounds like a pretty easy fight even for those of us with the mark of the devil on us.

    There are numerous examples of SCOTUS cases that show parental rights in the raising and education of our children is a FUNDAMENTAL RIGHT. FUNDAMENTAL RIGHTS require STRICT SCRUTINY by the courts.

    This means that ” The state must show that its regulation is necessary to serve a compelling state interest and that it is narrowly drawn to achieve that end”.

    Since it was not narrowly tailored to just individuals that are a current threat to the children in the school, and affects anyone slapped arbitrarily with “sex offender” and for an arbitrary duration then the constitutional rights of this family are being violated.

    Look here under Section 1 for many other cases on similar subjects:

    http://www.parentalrights.org/understanding_pra

  11. Wayne

    My son is 10 and put in a charter school for the bettering of his education. I was told if I step foot in school grounds they will call the police. My son is devastated and don’t want to go to school and says why bother learning if you can’t be there to see me do things. Our laws are so wrong, label everyone that is not part of their click. Mistake made 21 years ago have half custody of my son I have him two weeks a month his mother the other two. The courts say I am of no risk I was going to have full custody until I told the courts he needs both parents so we where granted half custody each. Why is it the courts say your go to go and the school says your not, who has the over ruling authority?

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