BILL REQ. #:  H-0937.1 

Read first time 01/19/2007.   Referred to Committee on Education.

     AN ACT Relating to record checks for school employees; amending RCW 28A.400.303 and 43.43.838; adding a new section to chapter 72.41 RCW; and adding a new section to chapter 72.42 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 28A.400.303 and 2001 c 296 s 3 are each amended to read as follows:
     School districts((,)) or educational service districts((, the state school for the deaf, the state school for the blind, and their contractors hiring employees who will have regularly scheduled unsupervised access to children)) shall require a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of investigation before hiring an employee. The record check shall include a fingerprint check ((using a complete Washington state criminal identification fingerprint card)).
     (1) Contractors who are retained by school districts or educational service districts shall not be required to conduct a record check unless the contractor will have regularly scheduled unsupervised access to children. For the purpose of this section "contractor" means one that agrees to furnish materials or perform services at a specified price, particularly for grounds maintenance or construction work.
     (2) The requesting entity shall provide a copy of the record report to the applicant. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the applicant has had a record check within the previous two years, the district((, the state school for the deaf, the state school for the blind, or contractor)) may waive the requirement. The district, pursuant to chapter 41.59 or 41.56 RCW, ((the state school for the deaf, the state school for the blind, or contractor hiring the employee)) shall determine who shall pay costs associated with the record check.

Sec. 2   RCW 43.43.838 and 2005 c 421 s 5 are each amended to read as follows:
     (1) After January 1, 1988, and notwithstanding any provision of RCW 43.43.700 through 43.43.810 to the contrary, the state patrol shall furnish a transcript of the conviction record pertaining to any person for whom the state patrol or the federal bureau of investigation has a record upon the written request of:
     (a) The subject of the inquiry;
     (b) Any business or organization for the purpose of conducting evaluations under RCW 43.43.832;
     (c) The department of social and health services;
     (d) Any law enforcement agency, prosecuting authority, or the office of the attorney general; or
     (e) The department of social and health services for the purpose of meeting responsibilities set forth in chapter 74.15, 18.51, 18.20, or 72.23 RCW, or any later-enacted statute which purpose is to regulate or license a facility which handles vulnerable adults. However, access to conviction records pursuant to this subsection (1)(e) does not limit or restrict the ability of the department to obtain additional information regarding conviction records and pending charges as set forth in RCW 74.15.030(2)(b).
     (2) The state patrol shall by rule establish fees for disseminating records under this section to recipients identified in subsection (1)(a) and (b) of this section. The state patrol shall also by rule establish fees for disseminating records in the custody of the national crime information center. The revenue from the fees shall cover, as nearly as practicable, the direct and indirect costs to the state patrol of disseminating the records. No fee shall be charged to a nonprofit organization for the records check. ((In the case of record checks using fingerprints requested by school districts and educational service districts, the state patrol shall charge only for the incremental costs associated with checking fingerprints in addition to name and date of birth.)) Record checks requested by school districts and educational service districts using only name and date of birth shall continue to be provided free of charge.
     (3) No employee of the state, employee of a business or organization, or the business or organization is liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information under RCW 43.43.830 through 43.43.840 or 43.43.760.
     (4) Before July 26, 1987, the state patrol shall adopt rules and forms to implement this section and to provide for security and privacy of information disseminated under this section, giving first priority to the criminal justice requirements of this chapter. The rules may include requirements for users, audits of users, and other procedures to prevent use of civil adjudication record information or criminal history record information inconsistent with this chapter.
     (5) Nothing in RCW 43.43.830 through 43.43.840 shall authorize an employer to make an inquiry not specifically authorized by this chapter, or be construed to affect the policy of the state declared in chapter 9.96A RCW.

NEW SECTION.  Sec. 3   A new section is added to chapter 72.41 RCW to read as follows:
     The state school for the blind shall require a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050, and through the federal bureau of investigation, before hiring an employee. The record check shall include a fingerprint check.
     (1) Contractors who are retained by the state school for the blind shall not be required to conduct a record check unless the contractor will have regularly scheduled unsupervised access to children. For the purpose of this section "contractor" means one that agrees to furnish materials or perform services at a specified price, particularly for grounds maintenance or construction work.
     (2) The requesting entity shall provide a copy of the record report to the applicant. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the applicant has had a record check within the previous two years, the state school for the blind may waive the requirement. The state school for the blind shall determine who shall pay costs associated with the record check.

NEW SECTION.  Sec. 4   A new section is added to chapter 72.42 RCW to read as follows:
     The state school for the deaf shall require a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050, and through the federal bureau of investigation, before hiring an employee. The record check shall include a fingerprint check.
     (1) Contractors who are retained by the state school for the deaf shall not be required to conduct a record check unless the contractor will have regularly scheduled unsupervised access to children. For the purpose of this section "contractor" means one that agrees to furnish materials or perform services at a specified price, particularly for grounds maintenance or construction work.
     (2) The requesting entity shall provide a copy of the record report to the applicant. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the applicant has had a record check within the previous two years, the state school for the deaf may waive the requirement. The state school for the deaf shall determine who shall pay costs associated with the record check.