STAND. COM. REP. NO. 441-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2098
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Education, to which was referred H.B. No.
2098 entitled: 

     "A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY,"

begs leave to report as follows:

     The purpose of this bill is to require private schools to
conduct criminal history checks on applicants who seek employment
and whose work will necessitate their being close to children.

     The Hawaii Association of Independent Schools, Hawaii
Catholic Schools, and one individual supported this bill.  The
Attorney General supported the intent of this bill.

     Your Committee finds that private schools should be required
to conduct criminal history checks for employees who work in
close proximity to children.  The safety of all children, whether
they attend private or public school, is of the utmost
importance. 

     Your Committee further finds that the problem presented for
private schools is that the Federal Bureau of Investigation (FBI)
will not release criminal background information to
nongovernmental entities.  The challenge, therefore, is to
provide private schools with an avenue to determine the job
fitness of an applicant based on FBI and local criminal history
files.  


 
 
 
                                 STAND. COM. REP. NO. 441-00
                                 Page 2

 
     To address this problem, Your Committee has amended this
bill by adopting language suggested by the Hawaii Criminal
Justice Data Center (HCJDC) that:

     (1)  Allows the HCJDC to review FBI criminal history data
          for private schools;

     (2)  Allows the HCJDC to inform private schools when a
          national background check uncovers a criminal history;
          and 

     (3)  Allows the HCJDC to disclose to  public schools the
          state or states in which an applicant has a criminal
          record so that the school may request a record check
          directly from that state.

     As affirmed by the record of votes of the members of your
Committee on Education that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2098, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 2098, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Education,



                                   ______________________________
                                   KEN ITO, Chair