FINAL BILL REPORT

HB 2996

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 100 L 10

Synopsis as Enacted

Brief Description: Including approved private schools in the superintendent of public instruction's record check information rules.

Sponsors: Representatives Quall and Priest.

House Committee on Education

Senate Committee on Early Learning & K-12 Education

Background:

School districts, educational service districts, the State Center for Childhood Deafness and Hearing Loss, the State School for the Blind, and contractors who will have regularly scheduled unsupervised access to children must require a record check through the Washington State Patrol (WSP) criminal identification system and through the Federal Bureau of Investigation (FBI) before hiring an employee. Federal Bureau of Indian Affairs funded schools may use this same process to perform record checks for their employees and applicants for employment.

The Office of the Superintendent of Public Instruction (OSPI) has adopted rules regarding record checks and access to record check information. As required by the authorizing legislation, these rules include written procedures providing employees and applicants access to and review of information obtained pursuant to the record checks described above. Pursuant to statutory directive, these rules also contain written procedures limiting access to the OSPI record check database to only those individuals processing record check information at the OSPI, the appropriate school district or districts, the Washington State Center for Childhood Deafness and Hearing Loss, the State School for the Blind, the appropriate educational service district or districts, and the appropriate tribal schools.

Most teachers in private schools must have a Washington teaching certificate. The certification process includes record checks. Private schools may require that employees who have regularly scheduled unsupervised access to children undergo a record check through the WSP and through the FBI. Although the OSPI must provide a copy of the record to the private school employee or applicant, there is no statutory provision specifically authorizing individuals processing record check information for private schools to have access to information from the OSPI record check database.

Summary:

Rules adopted by the OSPI regarding access to record check information are applicable to approved private schools, as well as to those persons and entities already covered under the rules.

Votes on Final Passage:

House

96

0

Senate

40

0

Effective:

June 10, 2010