| Momentum Bucket | Building Momentum |
| Legal Title | AN ACT Relating to record checks for certain volunteers and contractors who will have regularly scheduled unsupervised access to children or persons with developmental disabilities; |
| Bill Description | Concerning record checks for certain volunteers and contractors who will have access to children or persons with developmental disabilities. |
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What this bill does
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This bill amends existing law (RCW 28A.400.303 and 28A.400.305) to require hiring entities for public schools, charter schools, state‑tribal compact schools, BIA‑funded schools, and certain contractors to obtain state and national record checks through the Washington State Patrol criminal identification system and the FBI Criminal Justice Information Services. Record checks must include fingerprints on a complete Washington state criminal identification fingerprint card, may be waived if a qualifying record check was completed within the prior two years, and applicants may be employed conditionally while a check is pending. The bill also allows entities to perform the same checks on prospective volunteers who will have regularly scheduled unsupervised access to children or persons with developmental disabilities, and defines “unsupervised” and “record check” for these purposes.
The bill makes procedural and administrative changes rather than creating a new crime or changing criminal penalties. It requires the Office of the Superintendent of Public Instruction (OSPI) to limit access to record reports under rules adopted pursuant to chapter 34.05 RCW, to adopt written procedures for access and review of record‑check information, and to notify requesting entities within a “reasonable time frame” if an applicant is disqualified (the bill does not define that timeframe). It permits individuals holding a valid DCYF portable background check clearance card to meet the requirement by providing true and accurate copies of their WSP and FBI report results to OSPI.
The bill addresses payment for record checks by assigning costs generally to the hiring entity, but notes exceptions and cross‑references other statutes for specifics; required costs include WSP and FBI fees, an OSPI administration fee, and other applicable fingerprint fees. Important implementation details and definitions referenced in other RCWs, specific timelines, the undefined “reasonable time frame” for notifications, and any effective dates are not included in the provided text.
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Why it matters
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Schools, contractors, and volunteers who will have regular unsupervised access to children or people with developmental disabilities will generally face mandatory fingerprint-based state and federal background checks before hiring or placement. That will likely raise out-of-pocket screening costs (WSP and FBI fees, fingerprinting charges, plus an OSPI administration fee) which hiring entities are typically expected to pay, increase administrative work for school HR and contractors, and give OSPI a new role in running the check process, notifying employers of disqualifications, and setting access rules. Applicants can be hired conditionally while checks are pending, prior checks from the last two years can avoid repeat screening, and holders of a valid DCYF portable clearance card can satisfy the requirement by submitting their existing WSP and FBI reports.
The bill leaves some practical details unresolved: it doesn’t specify exact timelines (it only requires OSPI to notify employers within a “reasonable time frame”), it defers many procedures and access limits to OSPI rulemaking, and the allocation of costs in some special cases (for example federal BIA-funded schools) is not fully spelled out here. Those uncertainties mean schools and contractors will need to wait for OSPI rules to know final procedures, timelines, and any exceptions on who pays.
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| Official Documents | View Full Bill Text |