THE SENATE                           S.C.R. NO.            123
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 develop procedures for
12   obtaining verifiable information regarding the criminal history
13   of persons who are employed or seeking employment in public
14   schools in positions which 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 the
20   Department of Education and a contracted provider of the A+
21   Program allowing a person with an inappropriate background to
22   be hired; and
23   
24        WHEREAS, on one occasion, an employee 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 employee was subsequently
28   rehired in 1999, declared a criminal conviction, and 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 employee was hired in
34   November 1998 and completed fingerprinting in February 1999,
35   but the hiring authority did not submit the fingerprint forms
36   to the Department of Education until seven months later; and

 
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                                  S.C.R. NO.            123
                                                        
                                                        

 
 1        WHEREAS, in the third scenario, an employee 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 Department of Education; 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 Department of Education, and thus,
 9   leading to the hiring of employees who may have been a danger
10   to the safety and well-being of the children; and
11   
12        WHEREAS, these issues are related to the Department of
13   Education's internal policy which requests a "complete" report
14   before acting and does not have a specific time limit within
15   which a new hire must have filled out a fingerprinting card,
16   and a lack of communication between the contract provider and
17   the Department; and
18   
19        WHEREAS, these incidents are a reflection of the
20   Department of Education's failure to carry out the Department's
21   responsibilities in a timely and consistent manner, and to
22   discharge its responsibilities as quickly as it could have been
23   with modifications to existing procedures; now, therefore,
24   
25        BE IT RESOLVED by Senate of the Twentieth Legislature of
26   the State of Hawaii, Regular Session of 2000, with the House of
27   Representatives concurring, that the Department of Education is
28   requested to review internal policy to ensure statewide
29   compliance with existing law requiring criminal history
30   criminal history checks for persons working with children; and
31   
32        BE IT FURTHER RESOLVED that the Senate requests that the
33   Department of Education report to the legislature its findings,
34   recommendations, and any legislative actions that would aid the
35   Department in implementation of an improved policy, and that it
36   shall report no later than 20 days prior to the convening of
37   the 2001 Regular Session; and
38   
39        BE IT FURTHER RESOLVED that certified copies of this
40   Resolution be transmitted to the Governor and the
41   Superintendent of the Department of Education.
42   
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46                         OFFERED BY:  ____________________________