HOUSE BILL REPORT

SSB 6503

BYSenate Committee on Education (originally sponsored by Senators Bailey, Bauer, Lee, Gaspard, Vognild, Saling, Rasmussen, Metcalf, Smith, Hayner and Johnson)

Prohibiting persons convicted of sex crimes or other crimes affecting children from working in the public schools.

House Committe on Education

Majority Report:  Do pass with amendments.  (20)

      Signed by Representatives Peery, Chair; Spanel, Vice Chair; Appelwick, Betrozoff, Butterfield, Cole, Cooper, Ebersole, Fuhrman, Holm, P. King, Pruitt, Rasmussen, Rayburn, Rust, Schoon, Taylor, Todd, Valle and Walker.

House Staff:Susan Patrick (786-7111)

AS REPORTED BY COMMITTEE ON EDUCATION FEBRUARY 24, 1988

BACKGROUND:

The State Board of Education currently has authority to establish and enforce rules determining eligibility for certification of personnel employed in the common schools.  The Superintendent of Public Instruction acts as administrator of such rules and has the power to issue and revoke certificates and permits in accordance with board rules and regulations.

A certificate may be revoked for immorality, violation of written contract, intemperance, crime against the laws of the state, the conviction of any crime involving physical neglect of children or the sexual abuse of children or any unprofessional conduct upon a complaint from a school district superintendent or educational service district superintendent.  Procedural due process guarantees are provided including notice of the complaint, an opportunity for a hearing, and rights of appeal.

SUMMARY:

BILL AS AMENDED:  A certificate to teach may be revoked or suspended for immorality, violation of written contract and intemperance or crimes against the law of the state.

Revocation of a certificate to teach is required upon conviction of a violation of Chapter 9.68 RCW (obscenity and pornography), 9.68A RCW (sexual exploitation of children), 9A.44 RCW (sexual offenses), 9A.64 RCW (family offenses), or 9A.88 RCW (public indecency--prostitution) or similar laws of another jurisdiction.

Reinstatement of any certificate revoked due to conviction of a crime involving the physical neglect of children, the physical injury of children (except motor vehicle violations under chapter 46.61 RCW), the sexual abuse of children, or conviction of a violation of chapter 9.68, 9.68A, 9A.44, 9A.64, or 9A.88 RCW is prohibited.

School district boards of directors are required to immediately terminate the employment of any classified or certificated employee who has contact with children during the course of employment upon conviction of any of the crimes referenced above. This requirement is clarified to indicate that it applies prospectively to employees who are so convicted after the effective date of the act.

Contracts for services with an entity other than a district employee must contain a provision requiring the contractor to prohibit any employee from working at a public school where he or she may have contact with children in the course of employment who has been convicted of any crime referenced above.  Failure to comply with such provision shall be grounds for immediate termination of the contract.

AMENDED BILL COMPARED TO SUBSTITUTE:  The general criteria for the suspension or revocation of a teaching certificate are returned to existing language.  It is made clear that motor vehicle violations under chapter 46.61 RCW are not grounds for the firing or permanent revocation of a teaching certificate of an employee.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Larry Swift, Washington State School Directors' Association and Kris Van Gorkom, Washington Association of School Administrators.

House Committee - Testified Against:      Bob Fisher, Washington Education Association.

House Committee - Testimony For:    It is important that there are clear guidelines to assure that people who have engaged in criminal conduct involving children do not teach or work with children in our schools.

House Committee - Testimony Against:      We do not oppose the concept of the bill but only ask that it be made clear that the effect of the bill is prospective only.