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 , 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
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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