Rep. Darneille bill to protect students passes unanimously

February 12, 2008

OLYMPIA—The House today voted 97 - 0 to close a loophole in state education laws that prevents automatic dismissals of convicted rapists and other criminals unless their victims were children.

“People who are convicted of rape or other serious violent crimes don’t belong in our classrooms, buses or after school programs, regardless of the age of their victims,” said state Rep. Jeannie Darneille, D-Tacoma, the lead sponsor of the measure that passed today.

Washington’s current laws governing mandatory dismissal of school employees and revocation of teaching credentials apply to convictions or guilty pleas to a relatively narrow list of crimes against children, such as rape or promoting child prostitution.

Darneille’s reform (House Bill 3103) adds a broad range of serious crimes that would require automatic dismissal, notwithstanding the age of the victim.

Darneille’s proposal was inspired by the case of Harold Wright Jr., a Tacoma public school principal who collected thousands of dollars in salary leave after being convicted of raping a 19-year-old.  Tacoma Public Schools stated it could not summarily fire Wright, because his victim was not a child. But there are thousands of other examples across the country where teachers and school employees have committed crimes and maintained their credentials and jobs.

Tacoma Interim Superintendent Art Jarvis strongly supported the comprehensiveness of Darneille’s reform to current law in testimony before the House Education Committee.

“We believe that amending across the board is much more efficient than addressing a crime at a time after the fact.”

Jarvis told lawmakers at the public hearing that the problem with the current law goes far beyond one rape case. He cited a recent case were a teacher was arrested for felony assault against a police officer. Even if the teacher is convicted, the mandatory termination statute would not apply because the victim was an adult, Jarvis said.

In addition to greatly expanding the list of crimes that require dismissal and certificate revocation, Darneille’s bill:

• Requires mandatory revocation of teaching certificates that are fraudulently obtained.
• Requires the Office of the Superintendent of Public Instruction (OSPI) to conduct a quarterly review of information from the Washington State Patrol of convictions and guilty pleas.
• Requires school districts to notify the OSPI of terminations.
• Allows superintendents and administrators to file complaints about school employees even if they work in another district.

Darneille’s legislation was supported in committee by every witness who testified, including Lucinda Young, who spoke on behalf of the Washington Education Association, the state’s largest teachers’ union.

“These issues are crucial to the well-being of children in our schools,” Young said. “When we look at discipline bills, we look for two main things. First, is the crime clearly defined? Secondly, is due process complete? And pleading guilty or being convicted is complete due process. The individual has had the opportunity to make their case.”

Darneille said she is grateful that lawmakers seem determined to close the mandatory dismissal loophole before a child is harmed.

“I’m glad we’re working quickly to prevent potential tragedies rather than waiting to respond to one,” Darneille said.