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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

51.03: Individuals Subject to a National Criminal History Check for Suitability Determinations.

(1) School employers shall review the results of a national criminal history check for all current and prospective school employees in the following categories:

  1. (a) Any full or part-time employee who may have direct and unmonitored contact with children;

  2. (b) Any substitute employee who may have direct and unmonitored contact with children;

  3. (c) Any student teacher, apprentice or intern working at a school who may have direct and unmonitored contact with children; and

  4. (d) Any individual who regularly provides school related transportation to children.

(2) School employers may review the results of a national criminal history check for certain individuals who may have direct and unmonitored contact with children, including:

  1. (a) Any volunteer; and

  2. (b) Any subcontractor or laborer commissioned by the school employer, or employed by the city or town, to perform work on school grounds or with students.

(3) In the case of an individual directly hired by the school committee, such as a superintendent of schools, the chair of the school committee shall review the results of the national criminal history check.

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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