SENATE BILL REPORT

SB 6503

BYSenators Bailey, Bauer, Lee, Gaspard, Vognild, Saling, Rasmussen, Metcalf, Smith, Hayner and Johnson

Prohibiting persons convicted of sex crimes or other crimes affecting children from working in the public schools.

Senate Committee on Education

Senate Hearing Date(s):January 28, 1988; February 1, 1988

Majority Report:  That Substitute Senate Bill No. 6503 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Bailey, Chairman; Kiskaddon, Vice Chairman; Bender, Benitz, Craswell, Gaspard, Lee, Rinehart.

Senate Staff:Don Bennett (786-7424)

                  February 4, 1988

AS REPORTED BY COMMITTEE ON EDUCATION, FEBRUARY 1, 1988

BACKGROUND:

The State Board of Education currently has authority to establish and enforce rules determining eligibility for certification of personnel employed in the common schools.  The Superintendent of Public Instruction acts as administrator of such rules and has the power to issue and revoke certificates and permits in accordance with board rules and regulations.

A certificate may be revoked for immorality, violation of written contract, intemperance, crime against the laws of the state, the conviction of any crime involving physical neglect of children or the sexual abuse of children or any unprofessional conduct upon a complaint from a school district superintendent or educational service district superintendent.  Procedural due process guarantees are provided including notice of the complaint, an opportunity for a hearing, and rights of appeal.

SUMMARY:

Revocation of a certificate to teach is required upon conviction of a violation of Chapter 9.68 RCW (obscenity and pornography), 9.68A RCW (sexual exploitation of children), 9A.44 RCW (sexual offenses), 9A.64 RCW (family offenses), or 9A.88 RCW (public indecency--prostitution) or similar laws of another jurisdiction.

Reinstatement of any certificate revoked due to conviction of a crime involving the physical neglect of children, the physical injury of children (except possible motor vehicle violations), the sexual abuse of children, or conviction of a violation of chapter 9.68, 9.68A, 9A.44, 9A.64, or 9A.88 RCW is prohibited.

School district boards of directors are required immediately to terminate the employment of any classified or certificated employee who has contact with children during the course of employment upon conviction of any of the crimes referenced above.

Contracts for services with an entity other than a district employee must contain a provision requiring the contractor to prohibit any employee from working at a public school where he or she may have contact with children in the course of employment who has been convicted of any crime referenced above.  Failure to comply with such provision shall be grounds for immediate termination of the contract.

EFFECT OF PROPOSED SUBSTITUTE:

A certificate to teach may be revoked or suspended for lack of good moral character and personal fitness, any unprofessional conduct or crime against the law of the state.

Immediate termination of school district employees upon conviction of any of the enumerated offenses is required.  This requirement is clarified to indicate that it applies prospectively to employees who are so convicted after the effective date of the act.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Dwayne Slate, Washington State School Directors' Association (for); Bob Fisher, Washington Education Association (against); Howard Coble, Washington Association of School Administrators (for); Ron Crawford, Snohomish School District (for); Judy Hartmann, Office of the Superintendent of Public Instruction