Dev. disabilities/rec checks

AN ACT Relating to record checks for certain volunteers and 1
contractors who will have regularly scheduled unsupervised access to 2
children or persons with developmental disabilities; and amending RCW 3
28A.400.303 and 28A.400.305. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 28A.400.303 and 2020 c 22 s 1 are each amended to 6
read as follows: 7
(1)(a) School districts, educational service districts, the 8
Washington center for deaf and hard of hearing youth, the state 9
school for the blind, the office of the superintendent of public 10
instruction, and their contractors shall require a record check 11
through the Washington state patrol criminal identification system 12
under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and 13
through the federal bureau of investigation criminal justice 14
information systems before hiring the following employees:15
(i) Employees who will have regularly scheduled unsupervised 16
access to children or persons with developmental disabilities; and17
(ii) Employees who receive criminal history record information or 18
personally identifiable information from the record check.19
S-1364.1
SENATE BILL 5730
State of Washington 69th Legislature 2025 Regular Session
By Senators Liias, Harris, and Cortes
Read first time 02/11/25. Referred to Committee on Early Learning &
K-12 Education.
p. 1 SB 5730
(b) A record check under this section must include a fingerprint 1
check using a complete Washington state criminal identification 2
fingerprint card. 3
(c) The requesting entity may provide a copy of the record report 4
to the applicant at the applicant's request. 5
(d) The requesting entity may only access the record report in 6
accordance with rules adopted by the superintendent of public 7
instruction under RCW 28A.400.305.8
(e) When necessary, applicants for employment may be employed on 9
a conditional basis pending completion of the record check.10
(((e))) (f) If the applicant for employment has had a record 11
check within the previous two years, the district, the Washington 12
center for deaf and hard of hearing youth, the state school for the 13
blind, the office of the superintendent of public instruction, or 14
contractor may waive the requirement. 15
(((f))) (g) Except as provided in subsection (2) of this section, 16
the school district, pursuant to chapter 41.59 or 41.56 RCW, the 17
Washington center for deaf and hard of hearing youth, the state 18
school for the blind, the office of the superintendent of public 19
instruction, or contractor hiring the employee shall determine who 20
shall pay costs associated with the record check. 21
(h) An entity requesting a record check under (a) of this 22
subsection (1) must, within a reasonable time frame, be provided 23
notification from the office of the superintendent of public 24
instruction of any disqualification of an applicant and the basis for 25
the disqualification resulting from the record check.26
(2) Federal bureau of Indian affairs-funded schools may use the 27
process in subsection (1)(a) of this section to perform record checks 28
for their employees and applicants for employment.29
(3)(a) School districts, educational service districts, the 30
Washington center for deaf and hard of hearing youth, the state 31
school for the blind, federal bureau of Indian affairs-funded 32
schools, charter schools established under chapter 28A.710 RCW, 33
schools that are the subject of a state-tribal education compact 34
under chapter 28A.715 RCW, and their contractors may use the process 35
in subsection (1)(a) of this section to perform record checks for any 36
prospective volunteer who will have regularly scheduled unsupervised 37
access to children under eighteen years of age or persons with 38
developmental disabilities, during the course of his or her 39
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involvement with the school or organization under circumstances where 1
access will or may involve the following: 2
(i) Groups of five or fewer children under twelve years of age;3
(ii) Groups of three or fewer children between twelve and 4
eighteen years of age; or 5
(iii) Persons with developmental disabilities. 6
(b) For purposes of (a) of this subsection, "unsupervised" means 7
not in the presence of: 8
(i) Another employee or volunteer from the same school or 9
organization; or 10
(ii) Any relative or guardian of any of the children or persons 11
with developmental disabilities to which the prospective employee or 12
volunteer has access during the course of his or her involvement with 13
the school or organization. 14
(4) Individuals who hold a valid portable background check 15
clearance card issued by the department of children, youth, and 16
families consistent with RCW 43.216.270 can meet the requirements in 17
subsection (1) of this section by providing a true and accurate copy 18
of their Washington state patrol and federal bureau of investigation 19
background report results to the office of the superintendent of 20
public instruction. 21
(5) The cost of record checks must include: The fees established 22
by the Washington state patrol and the federal bureau of 23
investigation for the criminal history background checks; a fee paid 24
to the superintendent of public instruction for the cost of 25
administering this section and RCW 28A.195.080 and 28A.410.010; and 26
other applicable fees for obtaining the fingerprints.27
(6) This section governs school operation and management under 28
RCW 28A.710.040 and 28A.715.020, and applies to charter schools 29
established under chapter 28A.710 RCW and state-tribal education 30
compact schools subject to chapter 28A.715 RCW to the same extent as 31
it applies to school districts.32
Sec. 2. RCW 28A.400.305 and 2019 c 266 s 21 are each amended to 33
read as follows: 34
The superintendent of public instruction shall adopt rules as 35
necessary under chapter 34.05 RCW to implement RCW 28A.400.303. The 36
rules shall include, but not be limited to the following:37
(1) Written procedures providing a school district, approved 38
private school, Washington center for deaf and hard of hearing youth, 39
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state school for the blind, federal bureau of Indian affairs-funded 1
school employee, charter school established under chapter 28A.710 2
RCW, school that is the subject of a state-tribal education compact 3
under chapter 28A.715 RCW, an entity requesting a record check under 4
RCW 28A.400.303, or applicant for certification or employment access 5
to and review of information obtained based on the record check 6
required under RCW 28A.400.303; and 7
(2) Written procedures limiting access to the superintendent of 8
public instruction record check database to only those individuals 9
processing record check information at ((the)):10
(a) The office of the superintendent of public instruction ((, 11
the));12
(b) The appropriate school district or districts((, approved));13
(c) Approved private schools((, the));14
(d) The Washington center for deaf and hard of hearing youth ((, 15
the));16
(e) The state school for the blind((, the));17
(f) The appropriate educational service district or districts ((, 18
the));19
(g) The appropriate federal bureau of Indian affairs-funded 20
schools((, the));21
(h) The appropriate charter schools((, and the));22
(i) The appropriate state-tribal education compact schools; and23
(j) Entities that contract with a public or private school, 24
school district, educational service district, or state agency to 25
provide services by persons who will have regularly scheduled 26
unsupervised access to children or persons with developmental 27
disabilities. 28
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