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THE SENATE                           S.C.R. NO.            H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  URGING THE DEPARTMENT OF EDUCATION TO COMPLY WITH EXISTING LAW
    AND REGULATIONS TO PREVENT THE EMPLOYMENT OF PERSONS WITH
    CRIMINAL CONVICTIONS IN POSITIONS WHICH PLACE THEM IN
    CLOSE PROXIMITY TO CHILDREN.



 1        WHEREAS, one of the primary duties of the public school
 2   system is to provide a safe learning environment for students
 3   that leads to the establishment of trust among parents,
 4   teachers, administrators, and students; and
 5   
 6        WHEREAS, the employment of a person with a criminal past
 7   may pose a danger to the health, safety, or well-being of
 8   students and could violate that trust; and
 9   
10        WHEREAS, chapter 846-43, Hawaii Revised Statutes, requires
11   that the Department of Education (DOE) develop procedures for
12   obtaining verifiable information regarding the criminal history
13   of persons who are employed or are seeking employment in public
14   schools in positions that place them in close proximity to
15   children; and
16   
17        WHEREAS, despite this statutory mandate and the subsequent
18   implementation of these procedures, there have been three
19   separate incidents between 1998 and November 1999, involving
20   the DOE and a contracted provider of the A+ Program that
21   allowed applicants with an inappropriate background to be
22   hired; and
23   
24        WHEREAS, on one occasion, an applicant was hired in 1998,
25   did not complete the required employment forms nor the
26   fingerprinting requirements, and was allowed to work for the
27   entire school year.  This same person was subsequently rehired
28   in 1999, admitted to a criminal conviction, however, the hiring
29   authority did not initiate fingerprinting in a timely manner
30   and did not take any follow-up actions once the employee
31   declared his conviction record; and
32   
33        WHEREAS, in the second situation, an applicant was hired
34   in November 1998, and completed fingerprinting in February
35   1999, but the hiring authority did not submit the fingerprint
36   forms to the DOE until seven months later; and

 
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                                  S.C.R. NO.            H.D. 1
                                                        
                                                        

 
 1        WHEREAS, in the third scenario, an applicant was hired in
 2   November 1999, without completing an application form, did not
 3   complete the required declaration form, was not fingerprinted,
 4   and was never reported to the DOE; and
 5   
 6        WHEREAS, these incidents show that the contract provider
 7   did not follow proper screening and hiring procedures developed
 8   and implemented by the DOE, and thus, leading to the hiring of
 9   employees who may have been a danger to the safety and well-
10   being of the children; and
11   
12        WHEREAS, these issues are related to the DOE's internal
13   policy which requests a "complete" report before acting, does
14   not have a specific time limit within which a new hire must
15   have filled out a fingerprinting card, and a lack of
16   communication between the contract provider and the DOE; and
17   
18        WHEREAS, these incidents are a reflection of the DOE's
19   failure to carry out the DOE's responsibilities in a timely and
20   consistent manner, and to discharge its responsibilities as
21   quickly as it could have been with modifications to existing
22   procedures; now, therefore,
23   
24        BE IT RESOLVED by Senate of the Twentieth Legislature of
25   the State of Hawaii, Regular Session of 2000, the House of
26   Representatives concurring, that the DOE is requested to review
27   internal policy to ensure statewide compliance with existing
28   law requiring criminal history record checks for persons
29   working with children; and
30   
31        BE IT FURTHER RESOLVED that the Board of Education (Board)
32   is requested to investigate the feasibility of conducting pre-
33   employment criminal history record checks of applicants, in
34   lieu of the current policy of conducting criminal history
35   record checks upon the hiring of an applicant; and 
36   
37        BE IT FURTHER RESOLVED that the DOE and the Board report
38   to the Legislature their findings, recommendations, and any
39   legislative actions that would aid in the implementation of
40   improved policies no later than twenty days prior to the
41   convening of the Regular Session of 2001; and
42   
43        BE IT FURTHER RESOLVED that certified copies of this
44   Concurrent Resolution be transmitted to the Governor, the
45   Superintendent of Education, and the Chairperson of the Board
46   of Education.