Chapter 452
2012 -- H 7077
Enacted 06/26/12
A N A C T
RELATING TO
EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS
Introduced
By: Representatives McNamara,
Date Introduced: January 11, 2012
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
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
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, "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 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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LC00092
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