In May 2000, Governor Benjamin Cayetano signed Act 146, a bill to require private schools to conduct criminal history record checks on all new employees. The new law was created in recognition of the need to better protect private school students from individuals who are unfit to work with children. Toward this end, the law provided a cost-effective way for private schools to obtain national criminal history information about potential hires. Following are the highlights of §302-C1, Hawaii Revised Statutes:

• Schools are required to conduct criminal history record checks on all employees hired after July 1, 2000 for positions that place the employee in close proximity to children.
• Schools may only check individuals who are directly employed by the school. The law does not provide for criminal history record checks on volunteers or vendors.
• Schools must check non-teaching staff who work in close proximity to children.
• Employment applicants are required to complete forms [link to CHRC forms which I will send] necessary for conducting a criminal history record check, including a declaration disclosing any criminal convictions for offenses where incarceration was a sentencing option and a written consent for private schools to conduct a criminal history record check, and applicants must be fingerprinted for the purpose of conducting a Federal Bureau of Investigation (FBI) criminal history check.
• Schools will receive complete Hawaii arrest and conviction information, and a list of states in which an individual may have other criminal convictions. This can be used as a supplement to the disclosure to make a hiring decision. Arrest information must not be used, in and of itself, as the basis for a hiring decision. Instead, arrest information may be used as the basis for further investigation into an individual’s background.
• For any individual not hired as a result of a criminal history record, private schools must: 1) Notify the individual that he/she was not hired because his/her criminal history deemed him/her unfit to work in close proximity to children; 2) Allow such an individual to view his/her criminal history records obtained pursuant to this law; and 3) Provide such an individual the opportunity to rebut the finding that the individual’s criminal history suggests that the person may pose a risk to the health, safety, or well-being of children.

To make an appointment for fingerprinting at the HCPS office, or to inquire about the HCPS Criminal History Record Check program, please e-mail Cynthia Jordan or call (808) 973-1540. Fingerprinting at the HCPS office is by appointment only.

Application for Criminal History Record Clearance for Private School Employees

Letter to Applicants Requesting Criminal History Record Clearance

Criminal History Record Check School Payment Voucher