§ 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 § 23-17-37, and those offenses listed in §§ 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 § 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.

History of Section. (P.L. 2013, ch. 34, § 2; P.L. 2013, ch. 45, § 2.)