HOUSE BILL REPORT

ESSB 5314

BYSenate Committee on Education (originally sponsored by Senators 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.

House Committe on Education

Majority Report:  Do pass with amendments.  (16)

      Signed by Representatives Peery, Chair; Betrozoff, Ranking Republican Member; Brumsickle, Cole, Dorn, Fuhrman, Jones, P. King, Phillips,  Pruitt, Rasmussen, Rayburn, Schoon, Valle, Walker and K. Wilson.

House Staff:Susan Patrick (786-7111)

AS PASSED HOUSE APRIL 5, 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:

Any certificate to teach may be revoked or suspended upon complaint by the superintendent of any school district or educational service district superintendent for immorality, violation of a written contract, unprofessional conduct, intemperance or crimes against the law of the state. Certification revoked under the optional provisions may be reinstated after a twelve month revocation.

Employment shall be terminated and certification shall be revoked permanently for certificated employees and employment terminated for classified employees assigned to work directly with children if the employee pleads guilty or is convicted of a felony involving : (1) Physical neglect of a child under RCW 9A.42, (2) physical injury or death of a child under RCW 9A.32 or 9A.36, (3) sexual exploitation of a child under RCW 9.68A, (4) sexual offenses under RCW 9A.44 where a minor is the victim, (5) promoting prostitution of a minor under RCW 9A.88, (6) sale or purchase of a child under RCW 9A.64.030 or violation of similar laws of another jurisdiction.  Revocation of certification for conviction of these crimes is mandatory and permanent unless the conviction of guilty plea is overturned on appeal.  Rights of appeal available under provision of the employees contract are retained.

If a district contracts for services, the employees of the contractor shall be subject to the same employment conditions.  If the contractor's employees who work directly with children plead guilty or have been convicted of the crimes specified in this act and have not been terminated by the contractor, it shall be grounds for immediate termination of the contract by the school district.

A plea of guilty or conviction occurring prior to the effective date of this act shall be subject to the provisions of RCW 28A.70.160.  Mandatory permanent revocation of certification and termination of employment shall apply to a guilty plea or conviction occurring after the effective date of this act.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Don Johnson, Superintendent of Public Instruction; Dwayne Slate, Washington State School Directors' Association; Bob Fisher, Washington Education Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    There has been a lot of discussion of the grounds for revocation of a teaching certificate and the termination of employment for classified employees when they are convicted of specific crimes when children are the victims.  We believe the bill as currently written is fair, precise and addresses the concern of making the best decision for the welfare of our children.  We must be clear that this is not something that occurs often in our schools.  We just want to be sure that if it should happen we can make the best decisions for the benefit of our schools and children.

House Committee - Testimony Against:      None Presented.