HOUSE BILL REPORT
SSB 5552
As Reported by House Committee On:
Education
Title: An act relating to information required for school district employment applicants.
Brief Description: Requiring school districts to request information from employment applicants' out-of-state employers.
Sponsors: Senate Committee on Early Learning, K-12 & Higher Education (originally sponsored by Senators Kohl-Welles, McAuliffe, Benton, Johnson, Shin, Carrell, Rasmussen, Mulliken and Roach).
Brief History:
Education: 3/28/05, 3/30/05 [DP].
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON EDUCATION
Majority Report: Do pass. Signed by 11 members: Representatives Quall, Chair; P. Sullivan, Vice Chair; Talcott, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Curtis, Haigh, Hunter, McDermott, Santos, Shabro and Tom.
Staff: Sydney Forrester (786-7120).
Background:
Background Checks and Notice Regarding Convictions
School districts are required to conduct criminal background checks on applicants for
employment positions with regularly scheduled unsupervised contact with children.
Classroom teachers must undergo a fingerprint criminal records check when applying for a
teaching certificate. The background check is intended to reveal any pre-employment
convictions.
After employment, if a school employee is convicted or pleads guilty to certain types of
crimes, the school district employer must be notified.
Some forms of school employee misconduct may not necessarily result in criminal
prosecution or conviction, due to the nature of the conduct or to resignation agreements or
other agreements. In those cases, information about the misconduct would not be detected
through a pre-employment criminal background check or through the post-employment
notice requirements for certain convictions and guilty pleas.
Information Sharing Between School Districts
In 2004, the Legislature enacted a law to require school districts, prior to hiring an applicant
for a certificated or classified position, to obtain the applicant's written authorization for
release of the applicant's records regarding sexual misconduct, if any, from the applicant's
former and/or current school district employers. School districts must submit the
authorization with a request for the applicant's records, if any, to the appropriate school
district or districts. An applicant who refuses to provide the authorization cannot be offered
employment with the district.
School districts receiving such a request must provide the hiring district with any information
in the applicant's personnel file regarding sexual misconduct. The hiring school district may
offer conditional employment pending its review of information obtained from another
school district. For all applicants for certificated employment, school districts must request
from the Superintendent of Public Instruction verification of certification status and
information regarding sexual misconduct, if any.
School districts and their employees who, in good faith, release the information requested are
immune from civil liability. Information received by hiring districts may be disclosed only to
those directly involved in the hiring decision. Misuse of the information constitutes a
misdemeanor.
Definition of Sexual Misconduct
The State Board of Education has defined "sexual misconduct" for the purposes of
information sharing between school district employers to include the criterion that sexual
misconduct occurs only when a school district determines it has sufficient information to
conclude that an employee engaged in the sexual misconduct and it resulted in the employee
leaving a position with the school district.
Summary of Bill:
Clarifying language is added to include out-of-state school districts with Washington school
districts for the purpose of sharing information regarding sexual misconduct by school
employees. An applicant for a position in a Washington school district may not be denied
employment if the out-of-state school district cannot or does not comply with the request for
information.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: This bill is a clean-up bill from the legislation passed last session. We realized that current law might not be clear in how it applies to out-of-state school district employers. We want to ensure that hiring school districts gather information from employers who are out-of-state whenever possible. This also provides that an applicant for a job in Washington won't be penalized if the out-of-state employer cannot or does not respond to a request for information.
Testimony Against: None.
Persons Testifying: (In support) Senator Kohl-Welles, prime sponsor.