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:

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

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

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

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

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

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undergo a national and state criminal background check to be initiated prior to, or within one

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

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

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

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

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

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

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

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disqualifying information, the bureau of criminal identification, state police or local police

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department will inform the applicant, in writing, of the nature of the disqualifying information;

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and, without disclosing the nature of the disqualifying information, will notify the employer, in

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writing, that disqualifying information has been discovered.

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

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

 

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regarding the employment of the employee.

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

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

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the employer, in writing, of this fact.

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      (e) For purposes of this section,:

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     (1) "disqualifying Disqualifying information" means those offenses listed in section

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§§23-17-37, and those offenses listed in sections §§11-37-8.1 and, 11-37-8.3., 11-9-1(b), 11-9-

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

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

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

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

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

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department to provide services.

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

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

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all employees seeking employment subsequent to July 13, 1998, and the results of the checks.

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The applicant shall be responsible for the costs of the national and state criminal records check.

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

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

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record of the applicant obtained pursuant to this chapter.

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     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

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

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

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

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

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check to include convictions of child pornography offenses.

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     This act would take effect upon passage.

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