AN ACT
Relating to educational employees; amending RCW 28A.410.090, 28A.410.100, and
43.43.838; reenacting and amending RCW 28A.410.010; adding new sections to
chapter 28A.400 RCW; adding a new section to chapter 28A.410 RCW; adding a new
section to chapter 43.43 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 the safety
of Washington's school children. The legislature further finds that the
results from state patrol record 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 applicants for
certification or jobs 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 hiring
employees who will have regularly scheduled unsupervised access to children
shall require a record check through the Washington state patrol criminal
identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and
10.97.050 and through the federal bureau of investigation before hiring an
employee. The record check shall include a fingerprint check using a complete
Washington state criminal identification fingerprint card. The requesting
entity shall provide a copy of the record report to the applicant. When
necessary, applicants may be employed on a conditional basis pending completion
of the investigation. If the applicant has had a record check within the
previous two years, the district or contractor may waive the requirement. The
district, pursuant to chapter 41.59 or 41.56 RCW, or contractor hiring the
employee shall determine who shall pay costs associated with the record 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)) record 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
record check shall include a fingerprint check using a complete Washington
state criminal identification fingerprint card. The superintendent of public
instruction may waive the record check for any applicant who has had a record
check within the two years before application.
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.
Sec.
4. RCW
28A.410.090 and 1990 c 33 s 408 are each amended to read as follows:
(1)
Any certificate or permit authorized under the provisions of this chapter,
chapter 28A.405 RCW, or rules and regulations promulgated thereunder may be
revoked or suspended by the authority authorized to grant the same upon
complaint of any school district superintendent ((or)),
educational service district superintendent, or private school administrator
for immorality, violation of written contract, unprofessional conduct,
intemperance, or crime against the law of the state.
If
the superintendent of public instruction has reasonable cause to believe that
an alleged violation of this chapter or rules adopted under it has occurred,
but no complaint has been filed pursuant to this chapter, and that a school
district superintendent, educational service district superintendent, or private
school administrator has sufficient notice of the alleged violation and
opportunity to file a complaint, the superintendent of public instruction may
cause an investigation to be made of the alleged violation, together with such
other matters that may be disclosed in the course of the investigation related
to certificated personnel.
(2)
Any such certificate or permit authorized under this chapter or chapter 28A.405
RCW shall be revoked by the authority authorized to grant the certificate upon
a guilty plea or the conviction of any felony crime involving the physical
neglect of a child under chapter 9A.42 RCW, the physical injury or death of a
child under chapter 9A.32 or 9A.36 RCW (excepting motor vehicle violations
under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A
RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim,
promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase
of a minor child under RCW 9A.64.030, or violation of similar laws of another
jurisdiction. The person whose certificate is in question shall be given an
opportunity to be heard. Mandatory permanent revocation upon a guilty plea or
the conviction of felony crimes specified under this subsection shall apply to
such convictions or guilty pleas which occur after July 23, 1989. Revocation
of any certificate or permit authorized under this chapter or chapter 28A.405
RCW for a guilty plea or criminal conviction occurring prior to July 23, 1989,
shall be subject to the provisions of subsection (1) of this section.
NEW
SECTION. Sec. 5. A new
section is added to chapter 28A.410 RCW to read as follows:
(1)
The superintendent of public instruction may initiate and conduct
investigations as may be reasonably necessary to establish the existence of any
alleged violations of or noncompliance with this chapter or any rules adopted
under it. For the purpose of any investigation or proceeding under this
chapter, the superintendent or any officer designated by the superintendent may
administer oaths and affirmations, subpoena witnesses and compel their
attendance, take evidence, and require the production of any books, papers,
correspondence, memoranda, agreements, or other documents or records that the
superintendent deems relevant and material to the inquiry.
(2) If
any person fails to obey a subpoena or obeys a subpoena but refuses to give
evidence, any court of competent jurisdiction, upon application by the
superintendent, may issue to that person an order requiring him or her to
appear before the court and to show cause why he or she should not be compelled
to obey the subpoena, and give evidence material to the matter under
investigation. The failure to obey an order of the court may be punishable as
contempt.
Sec.
6. RCW
28A.410.100 and 1990 c 33 s 409 are each amended to read as follows:
Any
teacher whose certificate to teach has been questioned ((by the filing of a
complaint by a school district superintendent or educational service district
superintendent)) under RCW 28A.410.090 shall have a right to be heard by
the issuing authority before his or her certificate is revoked. Any teacher
whose certificate to teach has been revoked shall have a right of appeal to the
state board of education if notice of appeal is given by written affidavit to
the board within thirty days after the certificate is revoked.
An
appeal to the state board of education within the time specified shall operate
as a stay of revocation proceedings until the next regular or special meeting
of said board and until the board's decision has been rendered.
Sec.
7. RCW
43.43.838 and 1990 c 3 s 1104 are each amended to read as follows:
(1)
After January 1, 1988, and notwithstanding any provision of RCW 43.43.700
through 43.43.810 to the contrary, the state patrol shall furnish a transcript
of the conviction record, disciplinary board final decision and any subsequent
criminal charges associated with the conduct that is the subject of the
disciplinary board final decision, or civil adjudication record pertaining to
any person for whom the state patrol or the federal bureau of investigation has
a record upon the written request of:
(a)
The subject of the inquiry;
(b)
Any business or organization for the purpose of conducting evaluations under
RCW 43.43.832;
(c)
The department of social and health services;
(d)
Any law enforcement agency, prosecuting authority, or the office of the
attorney general; or
(e)
The department of social and health services for the purpose of meeting
responsibilities set forth in chapter 74.15, 18.51, 18.20, or 72.23 RCW, or any
later-enacted statute which purpose is to regulate or license a facility which
handles vulnerable adults. However, access to conviction records pursuant to
this subsection (1)(e) does not limit or restrict the ability of the department
to obtain additional information regarding conviction records and pending
charges as set forth in RCW 74.15.030(2)(b).
After
processing the request, if the conviction record, disciplinary board final
decision and any subsequent criminal charges associated with the conduct that
is the subject of the disciplinary board final decision, or adjudication record
shows no evidence of a crime against children or other persons or, in the case
of vulnerable adults, no evidence of crimes relating to financial exploitation
in which the victim was a vulnerable adult, an identification declaring the
showing of no evidence shall be issued to the applicant by the state patrol and
shall be issued within fourteen working days of the request. Possession of
such identification shall satisfy future ((background)) record
check requirements for the applicant for a two-year period unless the
prospective employee is any current school district employee who has applied
for a position in another school district.
(2)
The state patrol shall by rule establish fees for disseminating records under
this section to recipients identified in subsection (1)(a) and (b) of this
section. The state patrol shall also by rule establish fees for disseminating
records in the custody of the national crime information center. The revenue
from the fees shall cover, as nearly as practicable, the direct and indirect
costs to the state patrol of disseminating the records: PROVIDED, That no fee
shall be charged to a nonprofit organization((, including school districts
and educational service districts,)) for the records check: PROVIDED
FURTHER, That in the case of record checks using fingerprints requested by
school districts and educational service districts, the state patrol shall
charge only for the incremental costs associated with checking fingerprints in
addition to name and date of birth. Record checks requested by school
districts and educational service districts using only name and date of birth
shall continue to be provided free of charge.
(3) No
employee of the state, employee of a business or organization, or the business
or organization is liable for defamation, invasion of privacy, negligence, or
any other claim in connection with any lawful dissemination of information
under RCW 43.43.830 through 43.43.840 or 43.43.760.
(4)
Before July 26, 1987, the state patrol shall adopt rules and forms to implement
this section and to provide for security and privacy of information
disseminated under this section, giving first priority to the criminal justice
requirements of this chapter. The rules may include requirements for users,
audits of users, and other procedures to prevent use of civil adjudication
record information or criminal history record information inconsistent with
this chapter.
(5)
Nothing in RCW 43.43.830 through 43.43.840 shall authorize an employer to make
an inquiry not specifically authorized by this chapter, or be construed to
affect the policy of the state declared in chapter 9.96A RCW.
NEW
SECTION. Sec. 8. A new
section is added to chapter 43.43 RCW to read as follows:
The
fingerprint identification account is created in the custody of the state
treasurer. All receipts from incremental charges of fingerprint checks
requested by school districts shall be deposited in the account. Receipts for
fingerprint checks by the federal bureau of investigation may also be deposited
in the account. Expenditures from the account may be used only for the cost of
record checks. Only the chief of the state patrol or the chief's designee may
authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW. No appropriation is required for
expenditures prior to July 1, 1995. After June 30, 1995, the account shall be
subject to appropriation.
NEW
SECTION. Sec. 9. A new
section is added to chapter 28A.400 RCW to read as follows:
The
state patrol shall accept fingerprints obtained under this chapter only if it
can ensure that the patrol will not retain a record of the fingerprints after
the check is complete. It shall not forward fingerprints obtained under this
chapter to the federal bureau of investigation unless it can ensure that the
federal bureau of investigation will not retain a record of the fingerprints
after the check is complete. The state patrol shall report to the house of
representatives appropriations committee and the senate ways and means
committee on measures taken to implement this section before accepting any
fingerprints obtained under this chapter.
