2013 -- H 5537

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LC01351

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS

     Introduced By: Representatives MacBeth, McLaughlin, McNamara, Canario, and Phillips

     Date Introduced: February 14, 2013

     Referred To: House Health, Education & Welfare

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) (1) 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, as well as

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any person who seeks to participate in any mentoring program whereby the individual shall be

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working with a student or students as a mentor or in a mentoring situation, shall undergo a

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national and state criminal background check to be initiated prior to or within one week of

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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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     (2) Any person seeking to volunteer with a private school and/or public school

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department who may have direct and unmonitored contact with children and/or students in the

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school and who has not previously volunteered with a private school and/or public school

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department in Rhode Island during the previous twelve (12) months shall undergo a national and

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state criminal background check, to be initiated prior to commencement of such volunteer work.

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

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

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

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information, the bureau of criminal identification, state police or local police department will

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inform the applicant in writing of the nature of the disqualifying information; and, without

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disclosing the nature of the disqualifying information will notify the employer in writing that

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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, "disqualifying information" means those offenses listed

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in section 23-17-37, and those offenses listed in sections 11-37-8.1 and 11-37-8.3.

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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 on all volunteers seeking to

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volunteer subsequent to July 1, 2013, and the results of the checks. The applicant shall be

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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 on July 1, 2013.

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LC01351

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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 that individuals who are current or prospective volunteers of a

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school department and who may have direct and unmonitored contact with children and/or

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students on school premises would be required to undergo a state and national criminal

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background check.

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     This act would take effect on July 1, 2013.

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LC01351

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