§ 12.1-20-25 — Sexual offender presence near schools prohibited

1. Except for purposes of voting in a school building used as a public polling place or
attending an open meeting under chapter 44-04 in a school building, a sexual offender,
as defined in section 12.1-32-15, who has pled guilty or been found guilty of or has
been adjudicated delinquent of a class A misdemeanor or felony sexual offense
against a minor or is required to register under section 12.1-32-15 or equivalent law of
another state may not knowingly enter upon the real property comprising a public or
nonpublic elementary, middle, or high school unless provided by this section or
allowed on school property through compliance with a written policy adopted by the
school board of a public school or governing body of a nonpublic school. The school
board or governing body shall provide a copy of the policy to local law enforcement
upon request.
2. If a school board or a governing body does not have a written policy on sexual
offenders on school property, subsection 1 does not apply under the following
circumstances:
a. The offender is a parent or guardian of a student attending the school and the
offender, with the written permission of the school board or governing body of the
school, or designee of the board or body, is attending a conference at the school
with school personnel to discuss the progress of the student academically or
socially, participating in a child review conference in which evaluation and
placement decisions may be made regarding special education services, or
attending a conference to discuss other student issues, including retention and
promotion.
b. The offender is a parent, guardian, or relative of a student attending or
participating in a function at the school and the offender has requested advance
permission from the school board or governing body, or designee of the board or
body, and received permission allowing the offender's presence at the school
function.
c. The offender is a student at the school with the written permission of the school
board or governing body, or designee of the board or body.
d. The school board or governing body, or designee of the board or body, allows the
offender on school property under other circumstances on a case-by-case basis.
3. An individual who violates this section is guilty of a class A misdemeanor.