2026 -- H 7356

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LC004591

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO EDUCATION -- SCHOOL EMPLOYEE BACKGROUND CHECKS

     Introduced By: Representatives Chippendale, Santucci, and Place

     Date Introduced: January 28, 2026

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

adding thereto the following chapter:

CHAPTER 21.9

SCHOOL EMPLOYEE EMPLOYMENT BACKGROUND CHECKS

     16-21.9-1. Definitions.

     (a) As used in this chapter:

     (1) “Abused or neglected child” or “child abuse” shall have the same meaning as defined

in § 40-11-2.

     (2) "Sexual misconduct" means any verbal, nonverbal, written, or electronic

communication, or any other act directed toward or with a student that is designed to establish a

sexual relationship with the student, including a sexual invitation, dating or soliciting a date,

engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical

exposure of a sexual or erotic nature, and any other sexual, indecent or erotic contact with a student.

     16-21.9-2. Requirements for certain school employees.

     (a) A school district, charter school, nonpublic school, or contracted service provider

holding a contract with a school district, charter school, or nonpublic school shall not employ for

pay or contract for the paid services of any person serving in a position which involves regular

contact with students unless the school district, charter school, nonpublic school, or contracted

service provider:

     (1) Conducts any criminal background check of the applicant required by the provisions of

§ 16-2-18.1.

     (2) Requires the applicant to provide:

     (i) A list, including name, address, telephone number and other relevant contact

information of the applicant’s:

     (A) Current employer;

     (B) All former employers within the last twenty (20) years that were schools;

     (C) All former employers within the last twenty (20) years where the applicant was

employed in a position that involved direct contact with children; and

     (D) A written authorization that consents to and authorizes disclosure of the information

requested under this section and the release of related records by the applicant's employers listed

under this section, and that releases those employers from liability that may arise from the

disclosure or release of records;

     (ii) A written statement as to whether the applicant:

     (A) Has been the subject of any child abuse or sexual misconduct investigation by any

employer, state licensing agency, law enforcement agency, or the department of children, youth

and families, and if applicable, whether the investigation resulted in a finding that the allegations

were false or the alleged incident of child abuse or sexual misconduct was not substantiated;

     (B) Has ever been disciplined, discharged, nonrenewed, asked to resign from employment,

resigned from or otherwise separated from any employment while allegations of child abuse or

sexual misconduct were pending or under investigation, or as a result of an adjudication or finding

of child abuse or sexual misconduct;

     (C) Has ever had a professional license, or certificate suspended, surrendered, or revoked

while allegations of child abuse or sexual misconduct were pending or under investigation, or as a

result of an adjudication or finding of child abuse or sexual misconduct; or

     (D) Has ever been the subject of a lawsuit, claim or complaint by an individual claiming

that the applicant abused or neglected a child.

     (b) An employment hiring entity subject to subsection (a) of this section, upon receipt of

the information and documentation required pursuant to subsection (a)(2) of this section, shall

conduct a review of and confirm the circumstances of the employment history of the applicant by

contacting those employers listed by the applicant and requesting the following information:

     (1) The dates of employment of the applicant; and

     (2) A statement as to whether the applicant:

     (i) Was the subject of any child abuse or sexual misconduct investigation by the employer,

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a state licensing agency, a law enforcement agency, or the department of children, youth and

families, or applicable state investigated agency;

     (ii) Was disciplined, discharged, nonrenewed, asked to resign from employment, resigned

from or otherwise separated from any employment while allegations of child abuse or sexual

misconduct were pending or under investigation, or due to an adjudication or finding of child abuse

or sexual misconduct; and

     (iii) Has ever had a professional license, or certificate suspended, surrendered, or revoked

while allegations of child abuse or sexual misconduct were pending or under investigation, or due

to an adjudication or finding of child abuse or sexual misconduct.

     (c) The review of the employment history may be conducted through telephonic, electronic,

or written communications. If the review is conducted by telephone, the results of the review shall

be documented in writing by the prospective employer.

     16-21.9-3. Penalties.

     (a) An applicant who willfully provides false information or willfully fails to disclose

information required in §16-21.9-2:

     (1) Shall be subject to discipline up to, and including, termination or denial of employment;

and

     (2) May be subject to a civil penalty of not more than five hundred dollars ($500).

     (b) A school district, charter school, nonpublic school, or contracted service provider

holding a contract with a school district, charter school, or nonpublic school shall include a

notification of the penalties set forth in this section on all applications for employment for positions

which involve regular contact with students.

     16-21.9-4. Verification of prior employment information.

     (a) No later than twenty (20) days after receiving a request for information and the

applicant’s signed authorization under §16-21.9-2, a Rhode Island employer that has or had an

employment relationship within the last twenty (20) years with the applicant shall disclose the

information requested.

     (b) The employment hiring entity subject to the provisions of subsection (a) of this section,

in conducting the review of the employment history of an out-of-state applicant, shall make, and

document with specificity, diligent efforts to:

     (1) Verify the information provided by the applicant pursuant to this chapter; and

     (2) Obtain from any co-operating out-of-state employers listed by the applicant the

information requested pursuant to this chapter.

     (c) If an out-of-state employer fails to provide the information requested pursuant to §16-

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21.9-2, within the twenty (20) days, then the employment hiring entity shall to the extent reasonably

available review and document the applicant's prior out-of-state employment history from

alternative sources to include, but not be limited to, any employment records in the applicant's

possession, contact with the applicant's former supervisors or co-employees, information from

licensing agencies, documentation from unions or professional organizations and tax returns of the

applicant.

     (c) If the result of the background check conducted pursuant to § 16-2-18.1 is negative

regarding any disqualifying information but the responses to either the applicant's questions

required pursuant to § 16-21.9-2(a)(2), or any information received in the course of the verification

pursuant to § 16-21.9-4 raises questions regarding the applicant's character or fitness to interact

with children, then the hiring entity shall not allow or permit any access by the applicant to any

child or student in the care, custody or supervision of the hiring entity unless and until after final

investigation and the applicant has been cleared of all possible past wrongful conduct subject to

this chapter, and the hiring entity has established that the applicant possesses appropriate character

and fitness to interact and supervise children.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- SCHOOL EMPLOYEE BACKGROUND CHECKS

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     This act would provide for a comprehensive criminal and employment background check

procedure for all school employees.

     This act would take effect upon passage.

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