STAND. COM. REP. NO. 891

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1273
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
1273, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY CHECKS FOR
     TEACHER TRAINEES,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to require the Department of Education to conduct national and
state criminal history checks for teacher trainees either
employed by, or seeking employment with, the Department.  This
measure also provides that private schools may develop procedures
for obtaining verifiable criminal history information for their
employees.

     Your Committee finds that teacher trainees from the
University of Hawaii are assigned to a semester of student
teaching in the public schools whereby these trainees work in
close proximity to students.  Your Committee further finds that
mandatory national and state criminal history checks of such
trainees would ensure the safety and well-being of students
within the public schools. 

     Your Committee recognizes that in light of recent federal
guidelines, the Federal Bureau of Investigations (FBI) will no
longer be able to conduct criminal history checks on individuals
unless mandated by a governmental agency.  However, this poses a
serious dilemma with regards to private schools.


 
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     Under current law, private schools have the option of
requiring a criminal history check on its employees or
prospective employees.  With the recent federal restrictions,
private schools would not be able to obtain criminal history
checks conducted by the FBI since they are a private entity (non-
governmental agency).  However, private schools still retain the
option of obtaining criminal history checks from the Hawaii
Criminal Justice Data Center. 

     Your Committee firmly believes that it is a compelling state
interest to provide for the protection of all children regardless
of where they attend school.  Children of private schools should
be afforded the same protections as those attending public
schools.

     Testimony in support of this measure was submitted by the
Department of the Attorney General, the Department of Education,
the Hawaii State Teachers Association, and the Honolulu Police
Department.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Clarifying that the Federal Bureau of Investigations
          will be conducting a fingerprint search and not a name
          search;

     (2)  Deleting the provision that private schools may develop
          procedures for obtaining verifiable criminal history
          information;

     (3)  Mandating that the Department of Education, private
          schools, and the counties conduct national and state
          criminal history checks for all its employees, for
          those seeking employment, teacher trainees, and those
          who work in close proximity to children; and

     (4)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
1273, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 1273, S.D.
2.


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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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