[§302C-1]  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 criminal
history record checks in accordance with section 846-2.7.  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 fee charged by the Hawaii criminal justice data center
to perform criminal history record checks may be passed on to the applicant for
employment by the private school or designated organization.



(b)  Information obtained pursuant to this
section shall be used exclusively by the private school or designated
organization for the purpose of determining whether 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 for employment 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.  Refusal or termination may occur only after
appropriate investigation, notification to the employee or applicant for
employment of results and planned action, and after the employee or applicant
for employment is given an 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 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)  As used in this section:



"Designated organization" means a
private organization that receives criminal history record check information
from the Hawaii criminal justice data center on behalf of private schools. [L
2003, c 95, pt of §4]



 



Revision Note



 



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