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Education Laws and Regulations

603 CMR 51.00
Criminal History Checks for School Employees

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51.04: School Employer Policies on National Criminal History Checks and Suitability Determinations; Confidentiality; Dissemination; Audit.

(1) Each school employer that receives CHRI shall maintain a written CHRI policy that meets the minimum standards of the DCJIS model CORI Policy and that complies with all federal rules and regulations regarding CHRI, including limitations on record retention and the requirement of CHRI consent forms.

(2) Security of CHRI: School employers will conform to all of the requirements of the FBI Criminal Justice Information System (CJIS) security policy and the DCJIS security policies and procedures pertaining to the use, storage, dissemination, and destruction of CHRI and CJI.

(3) Before taking any adverse action based on CHRI, a school employer shall:

(a) comply with applicable federal and state laws and regulations, which may include, but are not limited to, M.G.L. c. 71, §§ 42 and 42D, and c. 150E, if applicable;
(b) notify the individual in person, by telephone, fax, or electronic or hard copy correspondence of the potential determination;
(c) provide a copy of the individual's CHRI to the individual;
(d) provide a copy of the employer's CHRI policy to the individual;
(e) identify the information in the individual's CHRI that is the basis for the potential determination;
(f) provide the individual with the opportunity to dispute the accuracy of the information contained in the CHRI;
(g) provide the individual with a copy of state and FBI information regarding the process for correcting CHRI; and
(h) document all steps taken to comply with 603 CMR 51.04.

(4) Dissemination. Upon receiving the national criminal history check results for a given employee, a school employer shall disseminate those results to only the following recipients:

(a) the employee, in a confidential and secure manner, pursuant to the standards for providing CORI information under 803 CMR 2.13: Required Dissemination of Criminal Offender Record Information (CORI) by an Employer or Governmental Licensing Agency or upon the employee's request; and
(b) the Department, if reporting to the Commissioner is required pursuant to section 603 CMR 51.07, Reporting National Check Results to the Commissioner.

(5) Confidentiality, Storage and Destruction. A school employer shall adhere to the following standards regarding the confidentiality, storage and destruction of national criminal history check results:

(a) The employer may not receive an individual's national criminal history check results unless the individual has authorized the employer to receive the results through a CHRI consent form;
(b) While employment decisions are pending, the employer shall store the national criminal history check results pursuant to the restrictions regarding CORI storage set forth in 803 CMR 2.11(1) through (3); and
(c) Once employment decisions are complete and the requirements set forth in 603 CMR 51.07, if applicable, are met, the employer shall destroy national criminal history check results pursuant to the requirements regarding CORI destruction set forth in 803 CMR 2.12: Destruction of Criminal Offender Record Information (CORI).

(6) Audit. School employers are subject to Compliance Audits by the DCJIS and the FBI. These audits will assess the adherence to DCJIS, FBI CHRI and CJI handling laws, regulations, policies, and procedures.

Regulatory Authority:
M.G.L. c. 71 § 38R and Chapter 77 of the Acts of 2013

Last Updated: December 26, 2013
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