§846-44 Employees of private schools; criminal history record checks. (a) Private schools shall develop procedures for obtaining verifiable information regarding the criminal history of persons who are employed or are seeking employment in positions that place them in close proximity to children. These procedures shall include but not be limited to criminal history record checks. The private school and designated organization shall establish safeguards and procedures to protect against inadvertent or inappropriate disclosure of information obtained under this section. The Hawaii criminal justice data center may charge a private school or designated organization a reasonable fee to cover the cost of the state and Federal Bureau of Investigation criminal history record check, which may be passed on to the applicant by the private school or designated organization.

(b) Except as otherwise specified, any person who is employed or seeks employment with a private school in a position that necessitates close proximity to children shall provide to the private school or designated organization:

Information obtained pursuant to this section shall be used exclusively by the private school or designated organization 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.

(d) The State, the Hawaii criminal justice data center, and their respective officers and employees, shall be immune from civil liability for any official act, decision, or omission performed pursuant to this section that is not the result of gross negligence or wilful misconduct. The State, the Hawaii criminal justice data center, and their respective officers and employees shall be immune from civil liability for any act, decision, omission to act or decide, or use of the information by any private school or designated organization authorized to receive or who receives information pursuant to this section.

(e) This section shall not be used by the private schools to secure criminal history record checks on persons who have been employed continuously by the private school on a salaried basis prior to July 1, 2000.

(f) 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:

"Designated organization" means a private organization that receives the criminal history record checks on behalf of private schools. [L 1999, c 73, §1; am L 2000, c 146, §2]