2022 -- H 8132 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDENTS

     Introduced By: Representatives Shallcross Smith, Hull, Bennett, Biah, Ranglin-Vassell,
and Noret

     Date Introduced: April 13, 2022

     Referred To: House Education

     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 [See Title 16 Chapter 97 - The Rhode Island Board of Education

Act]" 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 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 exempt from the requirements of this section and § 16-2-18.2.

     (2) Any person, other than a fellow student, teaching or instructing children under the age

of eighteen (18) years old, either as a volunteer or for compensation, who teaches or provides

educational, athletic, or coaching services or other type of extracurricular activity for a private or

public school or school department, including any person to whom students are referred by a private

or public school or school department and who is not covered by subsection (a)(1) of this section,

including, but not limited to, music/art teachers, tutors, coaches or other instructors, shall be

required to comply with the provisions of § 40-13.2-5.1 regarding a criminal background check.

     (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 information" means those offenses listed in §§ 23-17-37, 11-37-8.1, 11-

37-8.3, 11-9-1(b), 11-9-1(c), 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

***

     This act would require individuals teaching, instructing or providing educational, athletic

or coaching services to a child for a private or public school, including any person to whom students

are referred by a private or public school, as a volunteer or for compensation, including, but not

limited to, music/art teachers, tutors, coaches or other instructors, to comply with the criminal

records review process for employees of a youth-serving agency contained in § 40-13.2-5.1.

     This act would take effect upon passage.

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