2013 -- S 0347

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LC00926

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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: Senator Michael J. McCaffrey

     Date Introduced: February 13, 2013

     Referred To: Senate Judiciary

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

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

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

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

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

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

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writing that 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 the results of the checks.

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The applicant shall be 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. Chapter 16-2 of the General Laws entitled "School Committees and

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

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

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

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

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criminal background check to be initiated prior to or within one week of commencement of such

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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 he or she resides, for a state

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criminal records check. Upon the discovery of any disqualifying information, the bureau of

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criminal identification, state police or local police department will inform the applicant in writing

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of the nature of the disqualifying information; and, without disclosing the nature of the

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disqualifying information will notify the school department in writing that disqualifying

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information has been discovered.

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

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

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

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department.

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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 school department 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 school department shall maintain on file, subject to inspection by the department

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

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on all volunteers seeking employment subsequent to July 1, 2012, and the results of the checks.

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

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records check.

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

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

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school.

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

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

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

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

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

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

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

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

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chapter.

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     SECTION 3. This act shall take effect upon passage.

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LC00926

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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 criminal background check.

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     This act would take effect upon passage.

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LC00926

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