AN ACT Relating to
record checks of educational employees; amending RCW 28A.410.090; adding new
sections to chapter 28A.400 RCW; creating new sections; providing expiration
dates; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. (1) By June 30, 1997,
school districts, educational service districts, and their contractors shall
require that all employees who have regularly scheduled unsupervised access to
children and were hired before June 11, 1992, undergo a record check through
the Washington state patrol criminal identification system under RCW 43.43.830
through 43.43.838, 10.97.030, and 10.97.050 and through the federal bureau of
investigation. The record check shall include a fingerprint check using a
complete Washington state criminal identification fingerprint card. The
superintendent of public instruction shall provide a copy of the record report
to the employee. Once an employee has a record check as required under this
section, additional record checks shall not be required of the employee unless
required by other provisions of law.
(2) Employees, school
districts, and educational service districts shall not be required by the state
patrol or superintendent of public instruction to pay for the record check
required in subsection (1) of this section.
(3) The record checks
required in this section shall be in process no later than June 30, 1997.
(4) This section
expires March 31, 1998.
Sec. 2. RCW 28A.410.090 and 1992
c 159 s 4 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 based upon a
criminal records report authorized by law, or upon the complaint of any
school district superintendent, 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.
3. A new section is added
to chapter 28A.400 RCW to read as follows:
(1) When a record check
required under section 1 of this act indicates that a classified employee has
been convicted of a crime, the employer shall consider the following when
making employment decisions pertaining to the individual:
(a) The age and
maturity of the individual at the time the crime was committed;
(b) The seriousness of
the crime and any mitigating factors;
(c) The likelihood that
the crime will be repeated;
(d) The proximity in
time of the crime;
(e) Evidence that would
support good moral character and personal fitness; and
(f) Other appropriate
factors.
(2) This section
expires March 31, 1998.
NEW SECTION. Sec.
4. (1) Any classified
employee or certificated employee dismissed or otherwise adversely affected as
a result of a conviction identified in the record check required under section
1 of this act shall be allowed to appeal under the appropriate statutes,
including, but not limited to, RCW 28A.400.320 and 28A.400.340 and chapters
28A.645 and 28A.405 RCW.
(2) This section
expires March 31, 1998.
NEW SECTION. Sec.
5. A new section is added
to chapter 28A.400 RCW to read as follows:
The superintendent of
public instruction shall adopt rules as necessary under chapter 34.05 RCW on
record check information. The rules shall include, but not be limited to the
following:
(1) Written procedures
providing a school district employee or applicant for certification or
employment access to and review of information obtained based on the record
check required under RCW 28A.400.303 and section 1 of this act; and
(2) Written procedures
limiting access to the superintendent of public instruction record check data
base to only those individuals processing record check information at the
office of the superintendent of public instruction, the appropriate school
district or districts, and the appropriate educational service district or
districts.
NEW SECTION. Sec.
6. If specific funding for
the purposes of this act, referencing this act by bill or chapter number, is
not provided by June 30, 1996, in the omnibus appropriations act, this act is
null and void.
NEW SECTION. Sec.
7. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately.
