Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 7 - PUBLIC SCHOOL PERSONNEL: CRIMINAL HISTORY RECORD, EMPLOYMENT HISTORY, AND BACKGROUND CHECKS › Section 8-7-1 - Definitions

Current through June, 2024
As used in this chapter:
"Affected individual"
means the person to
					 which a Federal Bureau of Investigation (FBI) identification record
					 pertains.
"Applicant"
means a person seeking
					 employment to a position in the department of education.
"Arrest records"
means criminal history
					 information obtained from sources other than the FBI pertaining to arrests for
					 alleged criminal behavior.
"Background information"
means information
					 pertaining to a person's behavioral history that may indicate a significant
					 risk to the health, safety, or well-being of children.
"Children"
means students enrolled in
					 public schools up to grade twelve.
"Clean criminal history record"
means that
					 an individual's criminal history record check shows no indication of criminal
					 behavior.
"Criminal conviction record"
means
					 criminal history information obtained from sources other than the FBI
					 pertaining to an individual's conviction of a crime.
"Criminal history"
means information about
					 a person's actual or alleged criminal offense(s).
"Criminal history record"
means evidence
					 of a person's actual or alleged criminal offense(s) (arrests, convictions and
					 supporting information) on file with law enforcement agencies, courts, the
					 Hawaii criminal justice data center or in the national criminal history record
					 files.
"Criminal history record check"
means an
					 examination or search for evidence of an individual's criminal history by means
					 of:
(1) A search for the individual's fingerprints in the
					 national criminal history record files and, if found, an analysis and any other
					 information available pertaining thereto; and
(2) A criminal history record check conducted by the Hawaii
					 criminal justice data center.
"Department"
means the department of
					 education, State of Hawaii.
"Employee"
means a person who is employed
					 or who is seeking employment in a public school or employed by a related
					 government agency or entity contracted by the department in a position which
					 places that person in close proximity to children. Unpaid, volunteers are
					 excluded from this definition.
"Employment history"
means information
					 relating to a person's past work experiences.
"FBI identification record"
means a
					 listing of certain information taken from fingerprint cards submitted to and
					 retained by the FBI in connection with arrests and, in some instances, includes
					 information taken from fingerprint cards submitted in connection with Federal
					 employment, naturalization, or military service. The FBI identification record
					 is often referred to as a "rap sheet". The identification record includes the
					 name of the agency or institution which submitted the fingerprint card to the
					 FBI. If the fingerprint card concerns a criminal offense, the identification
					 record includes the date arrested or received, the arrest charge, and the
					 disposition of the arrest if known to the FBI. All arrest data included in an
					 identification record are obtained from fingerprint cards, disposition reports
					 and other reports submitted by agencies having criminal justice
					 responsibilities. Therefore, the FBI Identification Division is not the source
					 of the arrest data reflected on an identification record.
"FBI rules to correct the FBI identification
					 record"
means rules and regulations published in the Federal Register
					 by the FBI pertaining to the procedure for the affected individual to obtain,
					 review, and request change, correction or updating of any alleged deficiency to
					 the FBI identification record.
"Fingerprinting"
means the recording of a
					 person's fingerprints using conventionally accepted equipment and procedures to
					 satisfy the quality, readability, and specifications of the FBI's criminal
					 history record checking requirements.
"Persons who have been employed continuously by the
					 department on a salaried basis prior to July 1, 1990"
means salaried
					 employees of the department who were on employment status on June 30,1990, and
					 who continuously remain so employed.
"Position"
means a specific office or
					 employment in the department whether occupied or vacant, consisting of a group
					 of all the current duties and responsibilities assigned or delegated by
					 competent authority, requiring the full or part-time employment of one
					 person.