By:Leslie Gonzalez and John C. O'Connell
Officials defend actions to inform parents about offender release
District 24 took all appropriate actions it could last month in informing parents about a released sex offender, school officials said last Thursday in response to charges made by several parents that they should have done more.
The district followed its written policy, officials said, sending out letters to all parents and guardians of public school children to provide them with all the district knew about the parole of a sex offender now living in Valley Stream.
Superintendent of Schools Edward Fale countered charges made by two parents in last week's Herald that the district failed to include the sex offender's photograph in the notification letter. "The photo we received from the police was a photocopy of a fax and very unclear. You couldn't even tell in the picture if the person was Caucasian or black or Hispanic, and the police letter actually cautions us.... The school district tried to do something positive and good by giving this information out to the community."
The superintendent said that parents may come and view the picture in a district registry. "But I can tell you that it is very difficult to determine what the person looks like." The picture was said to resemble an old-fashioned negative.
"We do not, as a matter of policy or practice, send the photo home to parents. That is to ensure the safety of all involved particularly innocent people who may resemble the person in the photo," Dr. Fale said.
He noted that it is the district's option to notify parents, and that not all school districts do.
"We do notify, and we even went as far as notifying as many private and parochial parents as we can; I don't know of other districts that do that."
Board of Education members not only defended the actions taken by the district in this, the first case of a released sex offender involving District 24, but also criticized police procedure and the manner in which Megan's Law is enforced. Megan's Law is a New York State law passed to provide parents with information about released sex offenders living in their community.
"We see ourselves in our policy as [having] one of the most pro-active policies around in notifying people. What got to me where parents are saying [in The Herald] they're upset with the schools, it's really the process that the law defines. School districts shouldn't be the vehicle to be giving this information," Fale said.
"So here we thought we had a real good policy of sending our informational letters to everyone. Not only were we giving you what we have, but we thought we were giving you more," said School Board president Anthony Iadevaio to the 25 or so people at Thursday's school board meeting, almost all of whom were there for other school business.
Dr. Fale also made the point that his first knowledge of the sex offender didn't come from the police at all, but from Superintendent Lawrence McGoldrick of neighboring District 30 while both were at a legislative rally for more state aid held at Bellmore-Merrick High School. Fale said it was McGoldrick who told him, on March 9 - the date of District 24's parental notification letter - that District 30 had been notified by police that there was a paroled sex offender living in the 11580 zip code. Based on that knowledge, Fale said he instructed office personnel to notify parents and guardians. Fale said he then spoke to Fifth Precinct officers who recognized that part of District 24 shared the same 11580 zip code. "At that point, we were notified directly," said Fale.
So the district sent out all the information it had from the neighboring district, Fale said. Only after the letter went out did the district receive additional information from the police.
While saying that it's "understandable" that the parents quoted in The Herald's article may have found the letter vague, Fale said that "part of the reason for that is that we wanted to get the letter out so that the morning kindergarten parents would get it to bring it home."
Trustee Joseph Conrad suggested ways to obtain a better copy of the offender's photograph, such as arranging to have a digital image sent straight to the district. Currently, Iadevaio explained, the parole bureau notifies local police of a released sex offender, and police departments receive information by fax from wherever he or she was imprisoned.
"We need to put pressure on the legislature," Conrad said. "There's no reason why we can't get a digital image instead of an inaccurate photograph."
Board members cited the need for legislators to fine tune and further define Megan's Law so that it may be better enforced.
They suggested that police might disseminate the information directly to homes rather than through school districts. New York State guidelines given to school districts through the State Education Department recommend that districts advise parents to call their local police department for further information, which is exactly what District 24 did, including police phone numbers in their notification letter.
Iadevaio added, however, that he knew of at least one parent who was turned away after going to the police and referred back to the school district.
That District 24 wasn't even notified at the same time District 30 was brings up another problem with the enforcement of Megan's law, Superintendent Fale told The Herald. "Neighboring districts, because they're not notified specifically, really aren't required under the law to [notify parents]. And this is a big problem because we're saying someone lives in 11580 zip code, [but] Lynbrook doesn't notify [parents], Oceanside doesn't, Elmont doesn't. The law itself has to be cleaned up." Fale said that notification should be a county-wide, village-wide or precinct-wide process. "That's really the issue that most school superintendents are concerned about," Fale said.
"While parents did express disappointment, we share disappointment," Fale said, "because of the structure of the law."
Even the letter police send to school districts warns against liability as it suggests further dissemination, Fale said. The letter District 24 received from police, dated March 7, told the district it "may disclose or further disseminate such information at your discretion." However, the letter continues, "you may be subject to civil and/or criminal liabilities from damages if it is shown that you acted with gross negligence or in bad faith."
Board members at Thursday night's meeting reminded parents that there is not necessarily a criminal on the loose, but by the nature of the crime, there is a possibility of recurrence.
"That's why we notify the parents. We do it principally so that you can enforce with the children, as we do in school, the need to stay away from strangers," said Iadevaio. If approached by any stranger, it is necessary that children tell their parents and teachers immediately so that information may be given to police.
In the meantime, he said, "The police have indicated to us that this person has paid his dues, and can live any place that he chooses to live."
