SECTION 1. Chapter 16-13 of the General Laws entitled "Teachers’ Tenure" is hereby amended by adding thereto the following section: 16-13-10. Termination for cause -- Noncredentialled employees -- List maintained.
(a) Whenever a noncredentialled employee’s employment with a school is terminated for good and just cause by a principal, superintendent, school committee or other governing body of a public school, a private school, a school district, a charter public school, or a mayoral academy (hereinafter collectively referred to as a “school”), the school’s governing body shall, within sixty
(60) days of the termination, or in cases where the termination is appealed, within sixty (60) days after the conclusion of the appeal filed by the terminated noncredentialled employee, and the termination is upheld, furnish the Rhode Island department of elementary and secondary education (the “department”) with the identity of the terminated noncredentialled employee and the good and just cause for the termination. Provided, this section shall not apply to:
(1) The nonrenewal of a contract of a noncredentialled employee pursuant to § 16-13-2; or
(2) The termination of a noncredentialled employee due to fiscal exigency or program reorganization.
(b) The department shall maintain a list of those noncredentialled employees who have been terminated for good and just cause as well as the good and just cause for the termination (the “list”), and shall update the list monthly to include any additional names and cause submitted pursuant to the provisions of this section. The department shall establish a tracking system for reporting these names and causes, as well as to provide access to these names and causes, to hiring authorities. This list shall be accessible only to the hiring authority of any private, parochial, charter, or public school or school district.
(c) The list shall not be a public record pursuant to chapter 2 of title 38 ("access to public records"). This section shall not abrogate or modify any existing statutory or common law privileges or immunities.
(d) As used herein, the term “noncredentialled employee” means any person working within or for a school whose employment with the school does not require an educational license or certificate issued by the department. The following persons are excluded from the definition of a “noncredentialled employee” if those persons are working within or for a school using any of the licenses listed herein:
(1) A teacher as defined in §16-13-1;
(2) An athletic coach as described in chapter 11.1 of title 16 (“athletic coaches”);
(3) A teaching assistant as defined in §16-11.2-1;
(4) A superintendent, assistant superintendent, or equivalent similar position, as defined in §16-2-10;
(5) An administrator including, but not limited to, a principal, vice principal, or similar building-level administrator as defined in §16-12.1-2; and
(6) Any other person who is employed in or for a school in a position that requires possession of a certificate or license issued by the department.
SECTION 2. This act shall take effect upon passage.