Brief Description: Regarding notice requirements for school employees convicted of sexual offenses.

Sponsors: Representatives Quall, Talcott, P. Sullivan, Anderson, Appleton, O'Brien, Lovick, Darneille, Haigh, Holmquist and Ericks.

Hearing Date: 2/24/05

Staff: Sydney Forrester (786-7120).

Background:

As a condition of employment, school personnel undergo a background check. This background check is intended to reveal any pre-employment convictions. After the initial background check, a school district employer is notified of convictions occurring during employment only to the extent required by law.

Whenever a person is convicted of or pleads guilty to particular types of crimes, the prosecuting attorney must determine whether the person holds a teaching or administrative certificate or is employed by a school district. If the person does hold a certificate or is employed by a school district, the prosecuting attorney must notify the Washington State Patrol (WSP). The WSP then must notify the SPI, who must report the information to the SBE and to the school district where the person is employed.

The types of crimes to which these reporting requirements apply includes the comprehensive list of sexual offenses under RCW 9A.44. These reporting requirements, however, are triggered only when a minor was the victim of the particular sex offense.

Summary of Bill:

The modifying phrase "where a minor is the victim" is removed. If a school employee or certificated person is convicted of or pleads guilty to any sex offense, regardless of whether a minor was the victim, the prosecuting attorney must notify the WSP. The WSP then must notify the SPI, who must notify the SBE and the school district where the person is employed.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.