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Education Laws and Regulations

603 CMR 51.00

Criminal History Checks for School Employees

Section:

  • 51.01: Authority, Scope, and Purpose
  • 51.02: Definitions
  • 51.03: Individuals Subject to a National Criminal History Check for Suitability Determinations
  • 51.04: School Employer Policies on National Criminal History Checks and Suitability Determinations; Confidentiality; Dissemination; Audit
  • 51.05: Timing of National Criminal History Checks
  • 51.06: Employer Documentation of Suitability Determination; Reliance Thereon; Subsequent Checks
  • 51.07: Reporting National Criminal History Check Results to the Commissioner
  • View All Sections

Adopted by the Board of Elementary and Secondary Education: December 17, 2013

51.07: Reporting National Criminal History Check Results to the Commissioner.

(1) Any school employer who has dismissed, declined to renew the employment of, obtained the resignation of, or declined to hire a licensed educator or an applicant for a Massachusetts educator license because of information discovered through a national criminal history check shall report such decision or action to the Commissioner in writing within 30 days of the employer action or educator resignation. The report shall be in a form requested by the Department and shall include the reason for the action or resignation as well as a copy of the national criminal history check results. The school employer shall notify the employee or applicant that it has made a report pursuant to 603 CMR 51.07(1) to the Commissioner.

(2) Any school employer who discovers information from a national criminal history check about a licensed educator or an applicant for a Massachusetts educator license that implicates grounds for license action pursuant to 603 CMR 7.15(8)(a): Grounds for License Action shall report to the Commissioner in writing within 30 days of the discovery, regardless of whether the employer retains or hires the educator as an employee. The report must include a copy of the national criminal history check results. The school employer shall notify the employee or applicant that it has made a report pursuant to 603 CMR 51.07(2) to the Commissioner and shall also send a copy of the national criminal history check results to the employee or applicant.

(3) The failure of a school administrator who holds an educator license to make any such report to the Commissioner shall be grounds for license sanction pursuant to 603 CMR 7.15(8)(h): Administrator's Obligation to Report.

(4) The Department shall treat CHRI in a manner consistent with the DCJIS model CORI Policy and in compliance with all federal rules and regulations regarding CHRI, including limitations on record retention.

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

Disclaimer:
 For an official copy of these regulations, please contact the State House Bookstore, at 617-727-2834 or visit Massachusetts State Bookstore.

Last Updated: December 26, 2013

 
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