2013 -- S 0332

=======

LC00136

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO EDUCATION - CRIMINAL RECORDS REVIEW

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 13, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 16-2-18.1 of the General Laws in Chapter 16-2 entitled "School

1-2

Committees and Superintendents" is hereby amended to read as follows:

1-3

     16-2-18.1. Criminal records review. -- (a) Any person seeking employment with a

1-4

private school or public school department who has not previously been employed by a private

1-5

school or public school department in Rhode Island during the past twelve (12) months, as well as

1-6

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

1-7

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

1-8

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

1-9

employment after receiving a conditional offer of employment; provided, however, that

1-10

employees hired prior to August 1, 2001 and or who have been continuously employed by a

1-11

public school department in Rhode Island during the past twelve (12) months shall be exempted

1-12

from the requirements of this section and section 16-2-18.2. This provision shall not apply to

1-13

persons mentoring students as part of a student proficiency-based graduation requirement or a

1-14

student internship associated with a student's academic program.

1-15

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

1-16

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

1-17

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

1-18

disqualifying information, the bureau of criminal identification, state police or local police

1-19

department will inform the applicant in writing of the nature of the disqualifying information;

1-20

and, without disclosing the nature of the disqualifying information will notify the employer in

2-1

writing that disqualifying information has been discovered.

2-2

      (c) An employee against whom disqualifying information has been found may request

2-3

that a copy of the criminal background report be sent to the employer who shall make a judgment

2-4

regarding the employment of the employee.

2-5

      (d) In those situations in which no disqualifying information has been found, the bureau

2-6

of criminal identification, state police or local police department shall inform the applicant and

2-7

the employer in writing of this fact.

2-8

      (e) For purposes of this section, "disqualifying information" means those offenses listed

2-9

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

2-10

      (f) The employer shall maintain on file, subject to inspection by the department of

2-11

elementary and secondary education, evidence that criminal records checks have been initiated on

2-12

all employees seeking employment subsequent to July 13, 1998, and the results of the checks.

2-13

The applicant shall be responsible for the costs of the national and state criminal records check.

2-14

      (g) At the conclusion of the criminal background check required in this section, the

2-15

attorney general, state police or local police department shall promptly destroy the fingerprint

2-16

record of the applicant obtained pursuant to this chapter.

2-17

     SECTION 2. This act shall take effect upon passage.

=======

LC00136

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - CRIMINAL RECORDS REVIEW

***

3-1

     This act would exempt persons mentoring students as part of a student proficiency-based

3-2

graduation requirement or a student internship associated with a student's academic program from

3-3

the requirement of criminal record review.

3-4

     This act would take effect upon passage.

=======

LC00136

=======