Sex offender law confusion stops BoE from setting ‘official’ bus stops

Tue, 08/01/2006 - 4:05pm
By: John Thompson

The Fayette County Board of Education stopped short of designating “official” bus stops Monday morning because of the legal morass a new law is causing school systems around the state.

In April, Governor Sonny Perdue signed into law House Bill 1059 that mandates that no registered sex offender can live within 1,000 feet of a school bus stop.

The law reads that school bus stops must be designated by local school boards, but the law has already been through several court proceedings.

In late July, U.S. District Judge Clarence Cooper ruled that a preliminary injunction against enforcement of the law by law enforcement agencies was premature because he found no record of any school board designating official bus stops.

But after Cooper’s ruling, the Columbia County Board of Education near Augusta officially designated bus stops and told the sheriff’s department to start enforcing the law. On Friday, Cooper approved a restraining order against the sheriff from enforcing the law until the law’s challenges in courts are complete.

As the case still swirls around the court system, Superintendent of Education John DeCotis consulted with board attorney Phil Hartley for an opinion on the situation.

“As we were putting together the recommendation, the judge entered a restraining order to stop the sheriff of Columbia County from implementing the law based upon the action of the board of education to officially establish bus stops. The judge also granted class action status in the litigation to include all person required to register throughout the state. Thus, it seems clear that any action taken will only result in Fayette County and the school district being made parties to the case and a restraining order being entered to stop the enforcement of the statue,” DeCotis said in a written statement.

DeCotis added the board already has a policy in place for setting bus stops and constantly monitors the situation through the year. As the school year progresses, a bus stop is changed if a sex offender moves into the neighborhood.

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