SENATE BILL REPORT

SB 6807

BYSenators Benitz and Saling

Prohibiting persons who have caused a minor to commit a felony from working in public schools.

Senate Committee on Education

Senate Hearing Date(s):February 1, 1990; February 2, 1990

Majority Report:     That Substitute Senate Bill No. 6807 be substituted therefor, and the substitute bill do pass.

     Signed by Senators Bailey, Chairman; Lee, Vice Chairman; Anderson, Benitz; Craswell, Metcalf.

Senate Staff:Leslie Goldstein (786-7424)

                February 7, 1990

AS REPORTED BY COMMITTEE ON EDUCATION, FEBRUARY 2, 1990

BACKGROUND:

In 1989 the Legislature passed a statute providing for the employment to be terminated and the certification revoked permanently for certificated employees, and the employment terminated for classified employees assigned to work directly with children, if the employee pleads guilty or is convicted of a crime involving:  1) the physical neglect of a child; 2) the physical injury or death of a child; 3) sexual exploitation of a child; 4) sexual offenses where a minor is the victim; 5) promoting prostitution of a minor; 6) the sale or purchase of a minor child; or 7) similar laws of another jurisdiction.

Certificates may be revoked or suspended for immorality, violation of a written contract, unprofessional conduct, intemperance or crimes against the state.

SUMMARY:

Conviction or guilty plea of an offense which included causing a minor to commit a felony is added to the list of offenses requiring the mandatory revocation of the certificate or permit of a certificated employee and the immediate termination of the employment of school employees and contract employees having contact with children.

EFFECT OF PROPOSED SUBSTITUTE:

The certificate or permit of a teacher would be revoked for a minimum of three years upon a guilty plea, conviction, forfeiture of bail, or deferred prosecution for a misdemeanor, gross misdemeanor, or felony where the person in committing the offense 1) involved students as accomplices; b) acted as an accomplice with any student; or was a co-conspirator with any student.  The employment of any such teacher or other school employee would be immediately terminated.  Contracts with private providers for services would require the termination of employment or the termination of the contract if a contract employee commits such conduct.

Misdemeanors are limited to those found under the Title 9 RCW (Crimes and Punishments); Title 9A RCW (Criminal Code), Chapter 10.14 RCW (Harassment); Chapter 10.99 RCW (Domestic Violence); Title 13 RCW (the Juvenile Code); Chapter 69.50 RCW (Controlled Substances); Title 66 RCW (Alcoholic Beverages); Title 75 RCW (Food Fish and Shellfish); and Title 77 RCW (Game and Game Fish).

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   PRO:  Jan Sass (self); Chris Anderson; Walter Ball, Association of School Principals and Association of WA School Administrators; WITH CONCERNS: Karen Davis, WEA