SENATE BILL REPORT

SB 6100

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed Senate, February 12, 2020

Title: An act relating to the office of the superintendent of public instruction's authority to conduct criminal background checks.

Brief Description: Expanding background check requirements for certain educational institutions.

Sponsors: Senators Wellman, Keiser, Kuderer, Nguyen and Wilson, C.; by request of Superintendent of Public Instruction.

Brief History:

Committee Activity: Early Learning & K-12 Education: 1/20/20, 1/24/20, 2/03/20 [DP].

Floor Activity:

Passed Senate: 2/12/20, 46-0.

Brief Summary of Bill

Adds the Office of the Superintendent of Public Instruction to the list of entities that must require a record check before hiring certain employees in educational settings.
Requires a pre-employment record check for employees of certain education entities who receive criminal history record information or personally identifiable information from the record checks of other employees.

SENATE COMMITTEE ON EARLY LEARNING & K-12 EDUCATION

Majority Report: Do pass.

Signed by Senators Wellman, Chair; Wilson, C., Vice Chair; Hawkins, Ranking Member; Hunt, McCoy, Mullet, Padden, Pedersen, Salomon and Wagoner.

Staff: Benjamin Omdal (786-7442)

Background: The Office of the Superintendent of Public Instruction Record Check Requirements. Before hiring an employee, school districts, educational service districts (ESDs), the Washington State Center for Deaf and Hard of Hearing Youth, the State School for the Blind, and their contractors hiring employees who will have regularly scheduled unsupervised access to children or persons with developmental disabilities, must request a record check through the Washington State Patrol (WSP) and the Federal Bureau of Investigation (FBI).

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 hiring entity may waive the requirement.

The Office of the Superintendent of Public Instruction (OSPI) must adopt rules as necessary to implement these requirements.

Summary of Bill: Employees who receive criminal history record information or personally identifiable information from the record check are added to the list of employees who must receive a record check before hire.

OSPI is added to the list of entities that must require a record check before hiring an employee who will have:

regularly scheduled unsupervised access to children or persons with developmental disabilities; or
who receive criminal history record information or personally identifiable information from the record check.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: The bill gives the explicit authorization needed to perform record checks on OSPI employees and their contractors, which OSPI wants to perform.

Persons Testifying: PRO: Senator Lisa Wellman, Prime Sponsor; Catherine Slagle, Office of Superintendent of Public Instruction.

Persons Signed In To Testify But Not Testifying: No one.