[§302C-1]  Employees of private schools;criminal history record checks.  (a)  Private schools shall developprocedures for obtaining verifiable information regarding the criminal historyof persons who are employed or are seeking employment in positions that placethem in close proximity to children.  These procedures shall include criminalhistory record checks in accordance with section 846-2.7.  The private schooland designated organization shall establish safeguards and procedures toprotect against inadvertent or inappropriate disclosure of information obtainedunder this section.  The fee charged by the Hawaii criminal justice data centerto perform criminal history record checks may be passed on to the applicant foremployment by the private school or designated organization.

(b)  Information obtained pursuant to thissection shall be used exclusively by the private school or designatedorganization for the purpose of determining whether a person is suitable forworking in close proximity to children.  All decisions shall be subject tofederal laws and regulations currently or hereafter in effect.

(c)  Private schools may refuse to employ ormay terminate the employment of an employee or applicant for employment if theperson has been convicted of an offense for which incarceration is a sentencingoption, and if the private school finds by reason of the nature andcircumstances of the crime that the person poses a risk to the health, safety,or well-being of children.  Refusal or termination may occur only afterappropriate investigation, notification to the employee or applicant foremployment of results and planned action, and after the employee or applicantfor employment is given an opportunity to meet and rebut the finding.

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

(e)  This section shall not be used by privateschools to secure criminal history record checks on persons who have beenemployed continuously by the private school on a salaried basis prior to July1, 2000.

(f)  As used in this section:

"Designated organization" means aprivate organization that receives criminal history record check informationfrom the Hawaii criminal justice data center on behalf of private schools. [L2003, c 95, pt of §4]

 

Revision Note

 

  Enacted as an addition to chapter 302A, this section isdesignated as a new chapter pursuant to §23G-15(1).