Criminal history record checks
HRS §302D-33
in effect302D-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]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302D/HRS_0302D-0033.htmFetched: 11/10/2026