Introduced By: Representatives Crowley and Sherlock
Date Introduced : February 3, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 16-2 of the General Laws entitled "School Committees and Superintendents" is hereby amended by adding thereto the following section:
{ADD 16-2-18.1. Criminal records review. -- ADD} {ADD (a) Any person seeking employment with a public school department, if that employment involves the exercise of supervisory or disciplinary power over children or routine contact with children without the presence of other employees, shall undergo a criminal background check to be initiated prior to or within one (1) week of employment after receiving a conditional offer of employment; provided, however, that employees hired prior to the effective date of enactment of this section shall be exempted from the requirements of this section. ADD}
{ADD (b) The applicant or employee, through the employer, shall apply to the bureau of criminal identification (BCI), department of attorney general or local police department for a criminal records check. Fingerprinting shall not be required. Upon the discovery of any disqualifying information, the bureau of criminal identification or the 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. ADD}
{ADD (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 continued employment of the employee. ADD}
{ADD (d) In those situations in which no disqualifying information has been found, the bureau of criminal identification or the local police department, shall inform the applicant and the employer in writing of this fact. ADD}
{ADD (e) For purposes of this section, "disqualifying information" shall mean those offenses listed in section 23-17-37, and those offenses listed in sections 11-37-8.1 and 11-37-8.3. ADD}
{ADD (f) The employer shall maintain on file, subject to inspection by the department of education, evidence that criminal records checks have been initiated on all employees seeking employment subsequent to the effective date of this section, and the results of the checks. The records check shall be provided to the applicant for employment without charge. ADD}
{ADD 16-2-18.2. Prior criminal records checks. -- ADD} {ADD If an applicant for employment has undergone a criminal records check within eighteen (18) months prior to an application for employment, the employer 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. ADD}
{ADD 16-2-18.3. Rules and regulations. -- ADD} {ADD The commissioner of elementary and secondary education is authorized to promulgate rules and regulations to carry out the intent of this chapter. Said regulations shall be promulgated in accordance with the rule-making provisions of chapter 35 of title 42. ADD}
SECTION 2. This act shall take effect upon passage.
