STAND. COM. REP. NO. 3209

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.C.R. No. 123
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Education and Technology and Judiciary,
to which was referred S.C.R. No. 123 entitled:

     "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,"

beg leave to report as follows:

     The purpose of this measure is to request the Department of
Education (DOE) to comply with existing laws and regulations in
order to prevent employment of persons with criminal convictions
for positions which involve working in close proximity with
children.

     Testimony in support of the measure was received from the
Department of Education.

     Your Committees find that the public school system is
supposed to provide a safe learning environment for students.
The DOE has a legal responsibility to screen its employees at the
time of hire in order to ensure that employment of persons with a
criminal record does not jeopardize the learning environment or
pose a danger to the health, safety, and well-being of students.
The DOE's current Employee Background Check procedures, developed
pursuant to chapter 846-43, Hawaii Revised Statutes, require
hiring personnel to follow procedures to properly screen and hire
new employees who will work in close proximity to children.

 
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     Your Committees agree that to ensure the safety and well-
being of Hawaii's children and to ensure statewide compliance
with the existing law requiring criminal history checks for
persons working with children, it is critical that the DOE review
its internal policy on this matter and implement its planned
corrective actions outlined in its February 18, 2000 report to
the President of the Senate.  These include:

     (1)  Disentangling local and federal checks to expedite
          processing of new hires;

     (2)  Requesting all providers to review employee records to
          make sure that there is proper documentation with
          respect to criminal history;

     (3)  Developing and implementing guidelines regarding
          employee suitability;

     (4)  Increasing training related to hiring and criminal
          history record checks;

     (5)  Updating rules and procedures; and

     (6)  Incorporating performance requirements related to items
          (1) to (5) into all private provider contracts.

     As affirmed by the records of votes of the members of your
Committees on Education and Technology and Judiciary that are
attached to this report, your Committees concur with the intent
and purpose of S.C.R. No. 123, and recommend its adoption.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Education and
                                   Technology and Judiciary,



____________________________       ______________________________
AVERY B. CHUMBLEY, Co-Chair        DAVID Y. IGE, Chair



____________________________
MATTHEW M. MATSUNAGA, Co-Chair

 
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