2014 -- H 7257

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LC003593

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS

     Introduced By: Representatives MacBeth, Dickinson, McLaughlin, Ferri, and

     Date Introduced: January 30, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-2-18.1 of the General Laws in Chapter 16-2 entitled "School

Committees and Superintendents" is hereby amended to read as follows:

     16-2-18.1. Criminal records review. -- (a) (1) Any person seeking employment with a

private school or public school department who has not previously been employed by a private

school or public school department in Rhode Island during the past twelve (12) months, as well as

any person who seeks to participate in any mentoring program whereby the individual shall be

working with a student or students as a mentor or in a mentoring situation, shall undergo a

national and state criminal background check to be initiated prior to or within one week of

employment after receiving a conditional offer of employment; provided, however, that

employees hired prior to August 1, 2001 and or who have been continuously employed by a

public school department in Rhode Island during the past twelve (12) months shall be exempted

from the requirements of this section and section 16-2-18.2.

     (2) Any person seeking to volunteer with a private school and/or public school

department who may have direct and unmonitored contact with children and/or students in the

school and who has not previously volunteered with a private school and/or public school

department in Rhode Island during the previous twelve (12) months shall undergo a national and

state criminal background check, to be initiated prior to commencement of such volunteer work.

     (b) The applicant shall apply to the bureau of criminal identification (BCI), department of

attorney general, state police or local police department where they reside, for a national and state

criminal records check. Fingerprinting shall be required. Upon the discovery of any disqualifying

information, the bureau of criminal identification, state police or local police department will

inform the applicant in writing of the nature of the disqualifying information; and, without

disclosing the nature of the disqualifying information will notify the employer in writing that

disqualifying information has been discovered.

      (c) An employee against whom disqualifying information has been found may request

that a copy of the criminal background report be sent to the employer who shall make a judgment

regarding the employment of the employee.

      (d) In those situations in which no disqualifying information has been found, the bureau

of criminal identification, state police or local police department shall inform the applicant and

the employer in writing of this fact.

      (e) For purposes of this section, "disqualifying information" means those offenses listed

in section 23-17-37, and those offenses listed in sections 11-37-8.1 and 11-37-8.3.

      (f) The employer shall maintain on file, subject to inspection by the department of

elementary and secondary education, evidence that criminal records checks have been initiated on

all employees seeking employment subsequent to July 13, 1998, and on all volunteers seeking to

volunteer subsequent to July 1, 2014, and the results of the checks. The applicant shall be

responsible for the costs of the national and state criminal records check.

      (g) At the conclusion of the criminal background check required in this section, the

attorney general, state police or local police department shall promptly destroy the fingerprint

record of the applicant obtained pursuant to this chapter.

     SECTION 2. This act shall take effect on July 1, 2014.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS

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     This act would require that individuals who are prospective volunteers of a school

department and who may have direct and unmonitored contact with children and/or students in

the school would be required to undergo a state and national criminal background check.

     This act would take effect on July 1, 2014.

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LC003593

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