Report Title:

Teacher Licensure; Revocation; Conviction

 

Description:

Requires the Hawaii teacher standards board to revoke a teacher's license when the teacher has been convicted of certain sexual offenses against a minor. Eff. 7/1/2050 (SD2)

 


THE SENATE

S.B. NO.

2080

TWENTY-FOURTH LEGISLATURE, 2008

S.D. 2

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TEACHER LICENSURE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part III, subpart D, to be appropriately designated and to read as follows:

"302A‑   Conviction of teacher for sexual offense; license revocation. (a) The board shall automatically revoke an individual's license to teach without the right to a hearing upon verification of the identity of the teacher and receipt of a certified copy of a judgment of conviction indicating that a teacher has been convicted of a sexual offense against a minor pursuant to section 707-730, 707-731, 707-732, 707-733, 707‑733.6, 707-741, 707-750, 707-751, 707-752, 707-753, 707‑756, or under a similar law of another state or the United States. For purposes of this section, the term "minor" shall mean a person under the age of eighteen years and the term "board" shall mean the Hawaii teacher standards board.

(b) The board shall mail notice of its intent to revoke the license by certified mail, return receipt requested, directed to the teacher at the teacher's last known address. The notice shall inform the teacher that the board shall revoke the teacher's license unless the teacher notifies the board in writing within ten days after receipt of the notice that the defendant identified in the criminal record is not the same person as the teacher. Upon written notice to the board, the board shall not revoke the license unless it can otherwise establish that the defendant and the teacher are the same person.

(c) A person whose license to teach has been revoked pursuant to subsection (a), may petition the board to reconsider the revocation if the person's conviction is reversed by a final decision of the appellate court or supreme court. The petitioner shall attach to the petition a certified copy of the appellate court's final decision. Upon receipt of the petition, the board shall conduct a hearing on the matter, unless waived by the petitioner, and may reverse or affirm its previous decision to revoke, notwithstanding the reversal of conviction.

(d) The clerk of any court in this State in which the conviction of a teacher for any sexual offense against a minor, as described in subsection (a), was entered shall transmit to the board, within ten days after the date of the conviction, a certified copy of the judgment of conviction; provided that the department of education shall identify the teachers for whom this section applies and shall notify the clerk of the court of each individual identified by the department as a teacher who is being tried by the court of a sexual offense, as described in subsection (a)."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2050.