§302D-33 Criminal history record checks. (a) The authorizer shall require charter schools to obtain verifiable information regarding the criminal history of persons who are employed or seeking employment in any position, including teacher trainees, that places them in close proximity to children, including criminal history record checks in accordance with section 846-2.7. Information obtained pursuant to this subsection shall be used exclusively by the charter school for the purpose of determining whether a person is suitable for working in close proximity to children. All such decisions shall be subject to applicable federal laws and regulations.
(b) The employer or prospective employer may:
(1) Refuse to allow or continue to allow teacher training;
(2) Terminate the employment of any employee; or
(3) Deny employment to an applicant,
if the person has committed a crime, and if the employer or prospective employer 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, termination, or denial may occur only after appropriate investigation and notification to the employee or applicant of the results and planned action and after the employee or applicant is given an opportunity to meet and rebut the findings. Nothing in this subsection shall abrogate any applicable rights under chapter 76 or 89, or any administrative rule of the commission.
(c) Notwithstanding any other law to the contrary, for purposes of this section, the commission shall be exempt from section 831-3.1 and shall not be required to conduct investigations, notifications, or hearings in accordance with chapter 91. [L 2013, c 159, pt of §1; am L 2015, c 114, §10]
Structure Hawaii Revised Statutes
302D-3 State public charter school commission; establishment; appointment.
302D-4 Chartering authority application for eligible entities.
302D-5 Authorizer powers, duties, and liabilities.
302D-6 Principles and standards for charter authorizing.
302D-9 Exclusivity of authorizing functions and rights.
302D-10 Services purchased from authorizer; itemized accounting.
302D-11 Oversight of public charter school authorizers.
302D-12 Charter school governing boards; powers and duties.
302D-13 Start-up and conversion charter schools; establishment.
302D-14.5 Approved charter applications; start-up period; pre-opening charter schools.
302D-15 Appeals; charter applications, renewals, or revocations.
302D-16 Performance framework.
302D-17 Ongoing oversight and corrective actions.
302D-18 Renewals, revocations, and nonrenewals.
302D-19 School closure and dissolution.
302D-23 Minimum educational data reporting standards.
302D-24 Occupancy and use of facilities of department schools.
302D-25 Applicability of state laws.
302D-26 Civil service status; employee rights.
302D-27 Administration of workers' compensation.
302D-28.5 Financial insolvency.
302D-29 Weighted student formula
302D-30 Responsibilities of the department; special education services.
302D-33 Criminal history record checks.
302D-35 Use of vacant department facilities.
302D-36 Youth suicide awareness and prevention protocol.
302D-37 Standardized assessment for students entering kindergarten.
302D-38 Prior early learning programs attendance disclosure.
302D-39 Public early learning and preschool programs; administrative authority.