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.
Schools must check non-teaching staff who work in close proximity to children.
Employment applicants are required to complete forms 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.
Ala Moana Pacific Center Building
1585 Kapiolani Blvd, Suite 1212
Honolulu, HI 96814
The HCPS/HAIS/HEC office is located in Suite 1212 of the Ala Moana Pacific Center, a blue glass building adjacent to the Ala Moana Shopping Center.
If you are not parking, you may enter Ala Moana Pacific Center via Kapiolani Blvd. Take the street level elevator near Shokudo and Angelo Pietro’s restaurants to the 7th floor lobby, then take the lobby elevators (located in the middle of the building) to the 12th floor.
Take the Atkinson Drive ramp up to the top level of the Ala Moana Shopping Center. Parking is free at the Ala Moana Shopping Center (NOTE: we do not validate parking for the Ala Moana Pacific Center).
Ala Moana Pacific Center building is across the parking lot from Macy’s and next to the Nordstrom parking garage. Once parked, enter the Ala Moana Pacific Center by taking the escalators upstairs, then take the lobby elevators to the 12th floor.