WPRI: The Rhode Island ACLU is suing Cranston's school department for discrimination -- for not allowing a mother to volunteer in her daughter's school, because she failed a criminal background check.

Jessica Gianfrocco was convicted of heroin possession six years ago, and did time at the ACI for 90 days. However, she now says she's trying to do right by her daughter, and volunteer at her elementary school.

"I've been volunteering since she was 18-months-old, at her day care and some of the sports she does. She loves it. She loves introducing me to her friends, and I get to see her interact with people," said Gianfrocco Monday.

The RI ACLU says Cranston's screening policy is tougher on parent volunteers who might be there once a week than it is on its own employees who are there every day.

"Teachers are not automatically disqualified, based on a prior drug record, from employment. Vendors are not automatically disqualified from being at the school just because of a prior drug conviction," said the ACLU's Carly Beauvais.

The organization agrees some convictions can legally disqualify volunteers from working in a school: "Child molestation, or patient abuse, where there is a connection with harm to another individual," said Beauvais.

In this case, where someone who served her time and has been clean of drugs for six years, the ACLU says Gianfrocco is being given no chance of recourse, no appeal.

"They told me there was no appeal process," she said, even though district's policy over the matter specifically outlines such an appeals process.

As of 5 p.m. Monday, the Cranston School Department had not responded to Eyewitness News's requests for comment related to the lawsuit.

The ACLU said other school districts have similar screening policies that are potentially unfair and discriminatory, but Gianfrocco is the first willing to step forward to demand change.

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