2014 -- S 2365 SUBSTITUTE A

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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: Senators Hodgson, Raptakis, McCaffrey, Archambault, and Conley

     Date Introduced: February 12, 2014

     Referred To: Senate Judiciary

     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) 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 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.

      (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,:

     (1) "disqualifying 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., 11-9-1(b), 11-9-

1(c), and 11-9-1.3; and

     (2) "Employment" means those individuals hired directly by the private school or public

school department, contractual employees of the private school or public school department, and

those individuals, who may have direct or unmonitored contact with children or students, who are

hired by a third party who or that has contracted with the private school or public school

department to provide services.

      (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 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 upon passage.

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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 those persons who are contract employees of a private school or

public school department, and certain individuals hired by a third party vendor who has

contracted with the private school or public school department to provide services, to undergo a

national criminal background check, prior to or within one week of employment at the school.

The act would also expand the disqualifying information on the national criminal background

check to include convictions of child pornography offenses.

     This act would take effect upon passage.

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