BILL REQ. #:  H-5015.1 

READ FIRST TIME 02/10/04.   

     AN ACT Relating to the hiring of school district employees; adding a new section to chapter 28A.400 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature recognizes that state law requires criminal background checks of applicants for school district employment. However, the legislature finds that, because they generally are limited to criminal conviction histories, results of background checks are more complete when supplemented by an applicant's history of past sexual misconduct. Therefore, the legislature finds that additional safeguards are necessary in the hiring of school district employees to ensure the safety of Washington's school children. In order to provide the safest educational environment for children, school districts must provide known information regarding employees' sexual misconduct when those employees attempt to transfer to different school districts.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.400 RCW to read as follows:
     (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Applicant" means a person applying for employment in a certificated or classified position who is currently or was previously employed by a school district.
     (b) "Employer" means a school district employer.
     (2) Before hiring a classified applicant, (a) a school district shall request the applicant to sign a statement:
     (i) Authorizing the applicant's current employer, or, if the applicant is not currently employed by a school district, the applicant's immediately previous employer, to disclose to the hiring school district sexual misconduct, if any, by the applicant and making available to the hiring school district copies of all documents in the applicant's personnel record maintained by that employer relating to that sexual misconduct; and
     (ii) Releasing the applicant's current employer or, if the applicant is not currently employed by a school district, the applicant's immediately previous employer, and employees acting on behalf of that employer, from any liability for providing information described in (a)(i) of this subsection, as provided in subsection (3) of this section; and
     (b) A school district shall request in writing, electronic or otherwise, at least the applicant's current employer or, if the applicant is not currently employed by a school district, the applicant's immediately previous employer, to provide the information described in (a)(i) of this subsection, if any. The request shall include a copy of the statement signed by the applicant under this subsection.
     (3) Not later than twenty business days after receiving a request under subsection (2)(b) of this section, a school district shall provide the information requested and make available to the requesting school district copies of all documents in the applicant's personnel record relating to sexual misconduct. The school district, or an employee acting on behalf of the school district, who in good faith discloses information under this section is immune from civil liability for the disclosure.
     (4) A hiring district shall electronically request from the office of the superintendent of public instruction verification of certification status for applicants for certificated employment. When the results of the electronic request regarding an applicant indicate a complaint or investigation, including an open investigation or a closed investigation that resulted in action being taken, the hiring district shall request from the office of the superintendent of public instruction information relating to the complaint and investigation of sexual misconduct as described in subsection (10) of this section, if any.
     (5) A school district shall not hire an applicant who does not sign the statement described in subsection (2) of this section.
     (6) School districts may employ applicants on a conditional basis pending the district's review of information obtained under this section.
     (7) Information received under this section shall be used by a school district only for the purpose of evaluating an applicant's qualifications for employment in the position for which he or she has applied. Except as otherwise provided by law, a board member or employee of a school district shall not disclose the information to any person, other than the applicant, who is not directly involved in the process of evaluating the applicant's qualifications for employment. A person who violates this subsection is guilty of a misdemeanor.
     (8) Beginning September 1, 2004, the board or an official of a school district shall not enter into a collective bargaining agreement, individual employment contract, resignation agreement, severance agreement, or any other contract or agreement that has the effect of suppressing information about sexual misconduct of a present or former employee or of expunging information about that sexual misconduct from personnel records. Any provision of a contract or agreement that is contrary to this subsection is void and unenforceable and may not be withheld from disclosure by the entry of any administrative or court order. This subsection does not restrict the expungement from a personnel file information about alleged sexual misconduct that has not been substantiated.
     (9) This section does not prevent a school district from requesting or requiring an applicant to provide information other than that described in this section.
     (10) By September 1, 2004, the state board of education shall adopt rules defining "sexual misconduct" as used in this section for application to all classified and certificated employees. The definition of sexual misconduct adopted by the state board of education must include the requirement that the school district has made a determination that there is sufficient information to conclude that the sexual misconduct occurred and that the sexual misconduct resulted in the employee's leaving his or her position at the school district.