Skip to main content
H 7356School Safety

Education - School Employee Background Checks

This bill mandates schools check a job applicant's 20-year work history for any past investigations regarding child abuse or sexual misconduct.

Held for study
Population
Affected
35
Email Legislator
Introduced Jan 28, 2026Committee House Judiciary

Plain-English Summary

This legislation establishes stricter hiring protocols for all school districts, charter schools, nonpublic schools, and their contractors in Rhode Island. It prohibits hiring anyone for a position involving regular contact with students without first conducting a review of the applicant's employment history for the past twenty years. Hiring entities must contact former employers to verify if the applicant was ever the subject of child abuse or sexual misconduct investigations, discipline, or license revocations. Applicants must provide written consent for this disclosure. The bill also imposes penalties, including termination and fines, for applicants who provide false information.

For younger readers

This law helps keep children safe at school. When a grown-up wants a job at a school, the school must check where that person worked for the last 20 years. The school has to call the person's old bosses to ask if the person was ever mean to a child or got in trouble for behaving badly. If the person has a history of hurting children or acting inappropriately, they cannot get the job. If the person lies about their past to get the job, they will get in trouble and have to pay a fine.

Who & Where It Applies

Impacted groups
School DistrictsCharter SchoolsNonpublic SchoolsSchool ContractorsTeachers and School Staff
Impacted communities
All

Constitutional & Fiscal Check

There is a potential conflict with Due Process rights regarding the requirement to disclose investigations that did not result in a conviction or substantiated finding. Denying employment based on "allegations" or "investigations" rather than adjudicated facts could be challenged as a violation of property rights in one's profession. However, courts generally grant the state broad latitude when protecting children. The compelled speech aspect for former employers is likely defensible under public safety interests.

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Significantly enhances the safety and welfare of children by preventing individuals with a history of abuse or misconduct from moving between school districts to avoid detection ("passing the trash").
  • Standardizes safety protocols across public, charter, and private schools, ensuring that all students, regardless of their socioeconomic status or the type of school they attend, receive the same level of protection.
  • Empowers school administrations to make informed hiring decisions based on comprehensive behavioral histories rather than just criminal records, addressing systemic gaps in student protection.
  • The requirement to disclose investigations that may have been unsubstantiated or resulted in no finding of guilt could infringe upon due process rights and unfairly stigmatize workers based on unproven allegations.
  • The twenty-year lookback period is extensive and may hinder rehabilitation efforts for individuals who have reformed, potentially permanently barring them from the profession for past issues that are no longer relevant.
  • Broad definitions of "sexual misconduct" could potentially be weaponized by former employers to retaliate against employees, creating a permanent record that follows a worker regardless of the veracity of the claims.
For Conservatives
  • Strengthens the rule of law and accountability by imposing strict penalties, including fines and termination, on individuals who attempt to lie about their past to gain employment in schools.
  • Prioritizes the protection of children and traditional family values by creating a rigorous vetting process to ensure that those entrusted with the care of minors are of good moral character.
  • Provides liability protection for former employers who disclose information in good faith, encouraging honest communication between businesses and institutions regarding potential safety risks.
  • Imposes significant administrative burdens and regulatory red tape on private and nonpublic schools, interfering with their independent hiring practices and operational freedom.
  • Mandates that private employers act as investigators and record-keepers for the state, compelling them to release internal personnel records which may be viewed as government overreach into private business affairs.
  • Creates potential legal minefields for employers regarding privacy rights and the interpretation of "sexual misconduct," potentially leading to costly litigation despite liability protections.

Votes

Loading votes...

Full Bill Text

Changes to existing Rhode Island law · 98 additions

SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by adding thereto the following chapter: 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, 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- 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.