H-3335.2 _______________________________________________
HOUSE BILL 2332
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Vance, Peery, Brough, G. Fisher, Betrozoff, Brumsickle, Roland, Tate, Neher, Broback, P. Johnson, Winsley, Forner, Kremen, Paris, Chandler, D. Sommers, Mitchell, Bowman, Wynne, Sheldon, Pruitt, Silver, Carlson, McLean, Rasmussen, Sprenkle and Hochstatter
Read first time 01/15/92. Referred to Committee on Education.
AN ACT Relating to background checks of school personnel and contractors; reenacting and amending RCW 28A.410.010; adding a new section to chapter 28A.400 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that additional safeguards are necessary to ensure that school districts and their contractors are informed of the existence of any criminal records of prospective employees. The legislature further finds that the results from state patrol background checks are more complete when fingerprints of individuals are provided, and that information from the federal bureau of investigation also is necessary to obtain information on out-of-state criminal records. The legislature further finds that confidentiality safeguards in state law are in place to ensure that the rights of job applicants and newly hired employees are protected.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.400 RCW to read as follows:
School districts, educational service districts, and their contractors shall require a background check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834 and through the federal bureau of investigation before hiring an employee who will have unsupervised access to children under the age of sixteen. The background check shall include a fingerprint check. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. At the discretion of the school district or educational service district, background checks also may be required of volunteers. If the applicant has had a background check within the previous two years, the district or contractor may waive the requirement. The district or contractor hiring the employee shall determine who shall pay costs associated with the background check.
Sec. 3. RCW 28A.410.010 and 1988 c 172 s 3 and 1988 c 97 s 1 are each reenacted and amended to read as follows:
The state board of education shall establish, publish, and enforce rules and regulations determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law. Except for applicants who are applying for certificates which restrict the holder of the certificate to the teaching of students who are sixteen years of age or older, the rules shall require that the initial application for certification shall require a background check of the applicant through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense. The background check shall include a fingerprint check. If the applicant has had the background check within the last two years, the requirement may be waived.
In establishing rules pertaining to the qualifications of instructors of sign language the state board shall consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors.
The superintendent of public instruction shall act as the administrator of any such rules and regulations and have the power to issue any certificates or permits and revoke the same in accordance with board rules and regulations.