[§846-44] Employees of private schools; criminal history record checks. (a) Private schools may develop procedures for obtaining verifiable information regarding the criminal history of persons who are employed or are seeking employment in positions which place them in close proximity to children. These procedures shall include criminal history record checks. For the purposes of this section, "criminal history record check" means an examination or search for evidence of an individual's criminal history by means of a criminal history record check conducted by the Hawaii criminal justice data center; provided that the Hawaii criminal justice data center may charge a reasonable fee for criminal history record checks performed at the request of a private school.

(b) Except as otherwise specified, any person who is employed or seeks employment with a private school in a position which necessitates close proximity to children may be required to provide to the private school a sworn statement indicating whether or not the person has ever been convicted of an offense for which incarceration is a sentencing option, and the details of the offense. Information obtained pursuant to subsection (a) and this subsection shall be used exclusively by the private school for the purpose of determining whether or not a person is suitable for working in close proximity to children. All decisions shall be subject to federal laws and regulations currently or hereafter in effect.

(c) Private schools may refuse to employ or may terminate the employment of an employee or applicant if the person has been convicted of an offense for which incarceration is a sentencing option, and if the private school finds by reason of the nature and circumstances of the crime that the person poses a risk to the health, safety, or well-being of children. This refusal or termination may occur only after appropriate investigation, notification of results and planned action, and opportunity to meet and rebut the finding. [L 1999, c 73, §1]