Hawaii Revised Statutes, Chapter 302C — Private Schools

Division 1. Government — Title 18. Education

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).

Division 1 Government

Title 18 Education

Chapter 302C Private Schools

§302C-1 Employees of private schools; criminal history record checks

(a) Private schools shall develop procedures for obtaining verifiable information regarding the criminal history of persons who are employed or are seeking employment in positions that place them in close proximity to children. These procedures shall include criminal history record checks in accordance with section 846-2.7. The private school and designated organization shall establish safeguards and procedures to protect against inadvertent or inappropriate disclosure of information obtained under this section. The fee charged by the Hawaii criminal justice data center to perform criminal history record checks may be passed on to the applicant for employment by the private school or designated organization.

(b) Information obtained pursuant to this section shall be used exclusively by the private school or designated organization for the purpose of determining whether a person is suitable for working in close proximity to children. All decisions shall be subject to federal laws and regulations currently or hereafter in effect.

(c) Private schools may refuse to employ or may terminate the employment of an employee or applicant for employment if the person has been convicted of an offense for which incarceration is a sentencing option, and if the private school 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 or termination may occur only after appropriate investigation, notification to the employee or applicant for employment of results and planned action, and after the employee or applicant for employment is given an opportunity to meet and rebut the finding.

(d) The State, the Hawaii criminal justice data center, and their respective officers and employees, shall be immune from civil liability for any official act, decision, or omission performed pursuant to this section that is not the result of gross negligence or wilful misconduct. The State, the Hawaii criminal justice data center, and their respective officers and employees shall be immune from civil liability for any act, decision, omission to act or decide, or use of the information by any private school or designated organization authorized to receive or who receives information pursuant to this section.

(e) This section shall not be used by private schools to secure criminal history record checks on persons who have been employed continuously by the private school on a salaried basis prior to July 1, 2000.

(f) As used in this section:

"Designated organization" means a private organization that receives criminal history record check information from the Hawaii criminal justice data center on behalf of private schools.

[L 2003, c 95, pt of §4]

§302C-2 Investigation of misconduct; reporting to the department of education; harm to students registry; due process; indemnity

(a) Pursuant to the requirements of section 302A-1006, each private school shall certify to the department any final finding resulting from the private school's investigation that an employee inflicted harm on a student, notwithstanding whether the employee was terminated, retired, resigned, or was banned from the school pending completion of the investigation. Each private school shall complete an investigation without regard to the status of employment of the employee under investigation or the status of the employee's future involvement with the institution.

(b) The reporting private school shall certify, before transmitting an employee's name and other information to the department, that:

(1) The employee whose name and information are transmitted to the department for inclusion on the harm to students registry was given prior written notice of the private school's decision to transmit the employee's name and information for this purpose;

(2) The employee was given the opportunity to appeal the decision; and

(3) The employee either waived the right to appeal or lost the appeal.

The department shall rely on the certification of the private school that the employee was provided due process in accordance with this section.

(c) Each private school shall consult the harm to students registry to determine whether a candidate for employment at the school is listed on the registry.

(d) Each private school shall consult the harm to students registry before authorizing a volunteer's assistance in a role that involves the volunteer's interaction with, or close proximity to, a student or students.

(e) If a candidate for employment or a potential volunteer's name is listed on the harm to students registry, the private school shall cease to consider the candidate for employment or shall prohibit the volunteer's assistance in a role that involves interaction with, or close proximity to, a student or students.

(f) Each private school, when requested by another institution, shall share with that institution the existence of any employee investigation that includes allegations of infliction of harm to a student, including ongoing investigations.

(g) A private school that provides information or an opinion about an employee's job performance to a prospective employing institution shall be presumed to be acting in good faith and shall have qualified immunity from civil or criminal liability for disclosing the information and for the consequences of the disclosure.

(h) The good faith presumption under subsection (g) shall be rebuttable upon a showing, by a preponderance of the evidence, that the information or opinion disclosed was:

(1) Knowingly false; or

(2) Knowingly misleading.

(i) Nothing in subsections (g) and (h) shall affect the rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378.

(j) A person whose name is listed on the harm to students registry may request the reporting private school to submit a certified request to the department to remove the person's name from the registry if new information is discovered that proves that the person has not inflicted harm on a student such that the person's name does not belong on the registry.

(k) A private school certifying the inclusion of an employee on or removal of an employee from the harm to students registry, or refusing to certify the removal of an employee from the harm to students registry, shall defend and indemnify the department from any liability resulting from any claim or cause of action relating to the employee's inclusion on or removal from the registry, or relating to the private school's refusal to certify the removal of the employee from the registry.

(l) As used in this section:

"Department" means the department of education.

"Employee" has the same meaning as defined in section 302A-1006(q).

"Final finding" has the same meaning as defined in section 302A-1006(q).

"Harm to students registry" or "registry" has the same meaning as defined in section 302A-1006(q).

"Inflicted harm on a student" or "infliction of harm on a student" has the same meaning as defined in section 302A-1006(q).

"Institution" has the same meaning as defined in section 302A-1006(q).

"Investigation" has the same meaning as defined in section 302A-1006(q).

[L 2024, c 156, §3]