FINAL BILL REPORT

SSB 5314

                              C 320 L 89

BYSenate Committee on Education (originally sponsored by Senators Bailey, Craswell, Thorsness, Lee, Anderson, Nelson, Benitz, Bauer, Rasmussen and Smith)

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

Senate Committee on Education

House Committe on Education

SYNOPSIS AS ENACTED

BACKGROUND:

The Superintendent of Public Instruction has the authority to issue and revoke certificates for persons employed in the common schools.  Current grounds for the denial or revocation of a teaching certificate include immorality; violation of written contract; intemperance; crime against the law of the state; the conviction of any crime involving the physical neglect, injury or sexual abuse of children; or any unprofessional conduct.  Procedures for notice, a hearing and an opportunity for appeal are established. Certificates are revocable for up to one year.  A certificate would be reinstated only if the candidate met the requirements for certification including evidence of good moral character.

SUMMARY:

Specific consequences are provided for certificated employees, classified employees and persons working at public schools upon a guilty plea or a felony conviction for any of the following crimes involving:  (1)  the physical neglect of a child under Chapter 9A.42 RCW;  (2) 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);  (3)  sexual exploitation of a child under Chapter 9.68A RCW;  (4) sexual offenses under Chapter 9A.44 RCW where a minor is the victim;  (5) promoting prostitution of a minor under Chapter 9A.88 RCW;  (6) the sale or purchase of a minor child under RCW 9A.64.030; or (7) similar laws of another jurisdiction.

If a certificated employee who has contact with school children is convicted or has pled guilty to the listed offenses, that certificated employee's employment is terminated immediately.  The employee may be reinstated if an appeal is successful.

After opportunity for a hearing, any employee's certification to teach is permanently revoked after conviction or guilty plea for one of the described felonies.  Revocation of a teaching certificate for a guilty plea or criminal conviction occurring before the effective date of the legislation is subject to current law.

If a classified employee who has contact with school children is convicted or pleads guilty to one of the described offenses, that employee's employment is terminated immediately.  The employee has the right to appeal provided in statute or under a collective bargaining agreement.

Contracts for services must contain a clause prohibiting any person not employed by a school district who has been convicted of or pled guilty to any of the described offenses from working at a public school where he or she would have contact with school children.  Violation of the clause is grounds for ending the contract.

Upon a guilty plea or conviction of the described offenses, the prosecuting attorney is required to determine whether the person has a teaching certificate or is employed by a school district.  The prosecuting attorney shall notify the State Patrol of those guilty pleas or convictions.  The State Patrol transmits that information to the State Board of Education and the Superintendent of Public Instruction.

VOTES ON FINAL PASSAGE:

     Senate   46    0

     House 96  0 (House amended)

     Senate          (Senate refused to concur)

     House           (House refused to recede)

Free Conference Committee

     House 86  0

     Senate   47    0

EFFECTIVE:July 23, 1989