SENATE BILL REPORT
SB 5314
BYSenators 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
Senate Hearing Date(s):January 30, 1989; February 9, 1989
Majority Report: That Substitute Senate Bill No. 5314 be substituted therefor, and the substitute bill do pass.
Signed by Senators Bailey, Chairman; Lee, Vice Chairman; Anderson, Bender, Benitz, Craswell, Gaspard, Metcalf, Murray, Rinehart.
Senate Staff:Leslie Goldstein (786-7424)
February 14, 1989
AS REPORTED BY COMMITTEE ON EDUCATION, FEBRUARY 9, 1989
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 if convicted for a felony involving: (1) physical neglect of children or the physical injury of children; (2) sexual abuse of children; (3) child pornography; (4) sexual offenses, where the victim is a minor, including rape and indecent liberties; (5) promoting the prostitution of a minor; (6) the sexual abuse of children; or (7) similar laws of another jurisdiction.
If a certificated employee who has contact with school children is convicted of a violation of the described offense, that certificated employee's employment is terminated immediately. The employee could be reinstated if an appeal were successful.
After opportunity for a hearing, any employee's certification to teach would be permanently revoked after conviction of one of the described felonies. This applies to felony convictions following the issuance of a certificate or occurring after the effective date of the legislation.
If a classified employee who has contact with school children is convicted of a violation of one of the described offenses, that classified employee's employment is terminated immediately. The employee has the right to appeal provided in statute or under a collective bargaining agreement.
Any contract for services with a person who is not employed by a school district must contain a clause requiring the employer to prohibit any employee from working at a public school in a position where he or she would have contact with school children if that employee has been convicted of any of the described offenses. Violation of the clause is grounds for ending the contract.
EFFECT OF PROPOSED SUBSTITUTE:
Conviction of the crime of buying or selling children is added to the list of crimes that are the basis for the permanent revocation of a teaching certificate, termination of employment of a certificated employee, termination of employment for a classified employee, or grounds for terminating a contract for services.
If, before the enactment of this legislation, a certificated school district employee was convicted of a specified crime, and the statute of limitations for that crime has not expired, that person's certificate to teach will be permanently revoked. If a certificated employee is convicted of a specified crime in the future, that person's certificate to teach will be permanently revoked.
Appropriation: none
Revenue: none
Fiscal Note: none requested
Senate Committee - Testified: FOR: Howard Coble, Washington Association of School Administrators; Bob Fisher, Washington Education Association