Chapter 045

2013 -- S 0347

Enacted 05/24/13

 

A N A C T

RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDENTS

 

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 13, 2013

 

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, 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.

      (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. Chapter 16-2 of the General Laws entitled "School Committees and

Superintendents" are hereby amended by adding thereto the following sections:

 

     16-2-18.4. Criminal records review for volunteers. -- (a) Any person who is a current

or prospective volunteer of a private school or public school department and who may have direct

and unmonitored contact with children and/or students on school premises, shall undergo a state

criminal background check to be initiated prior to or within one week of 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 he or she resides, for a state

criminal records check. 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 school department in writing that disqualifying

information has been discovered.

     (c) A person against whom disqualifying information has been found may request that a

copy of the criminal background report be sent to the school department which shall make a

judgment regarding the qualifications and fitness of said person to volunteer for the school

department.

     (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 school department 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 school department 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 volunteers seeking employment subsequent to July 1, 2012, and the results of the checks.

The current or prospective volunteer shall be responsible for the costs of the state criminal

records check.

     (g) As used in this section and section 16-2-18.5, the term "school department" means the

school department for a public school as well as the governing administrative body for a private

school.

 

     16-2-18.5. Prior criminal records checks for school volunteers. -- If a current or

prospective volunteer of the school department or of a private school who may have direct and

unmonitored contact with children and/or students on school premises has undergone a state

criminal records check within twelve (12) months prior to commencement of volunteering for the

school department, the school department may request from the bureau of criminal identification

or local police department a letter indicating the presence or absence of disqualifying information.

The bureau of criminal identification will respond without disclosing the nature of the

disqualifying information. The letter may be maintained on file to satisfy the requirements of this

chapter.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC00926

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