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

---

51.06: Employer Documentation of Suitability Determination; Reliance Thereon; Subsequent Checks.

(1) Employer Documentation of Suitability Determination. Employers must retain documentation of the school employer's review of an employee, applicant, subcontractor, laborer, school transportation provider, or volunteer's national criminal history check results for the duration of an employee's employment or for seven years, whichever is longer. The documentation must include, and is limited to, the following:

1. (a) The name and date of birth of the employee or applicant;

2. (b) The date on which the school employer received the national criminal history check results; and,

3. (c) The suitability determination (either "suitable" or "unsuitable").

(2) Documentation to be Provided upon Request. A school employer must provide a copy of the documentation of the suitability determination of an individual to another school employer, or to the individual, upon request of the individual for whom the school employer conducted a suitability determination.

(3) Reliance on a Favorable Suitability Determination. When an individual for whom a school employer or the Department of Elementary and Secondary Education has made a suitability determination applies to work for a school employer, the school employer may obtain and may rely on a favorable suitability determination, if the following criteria are met:

1. (a) The suitability determination was made within the last seven years; and

2. (b) The individual has not resided outside Massachusetts for any period longer than three years since the suitability determination was made; and either

3. (c) The individual has been employed continuously for one or more school employers or has gaps totaling no more than two years in his or her employment for school employers; or

4. (d) If the individual works as a substitute employee, the individual is still deemed suitable for employment by the school employer who made a favorable suitability determination. Upon request of another school employer, the initial school employer shall provide documentation that the individual is still deemed suitable for employment by the initial school employer.

(4) Documentation of Reliance on a Previous Favorable Suitability Determination. In any instance where a school employer relies on a suitability determination made by another school employer or by the Department of Elementary and Secondary Education, the relying school employer shall retain the following documentation:

1. (a) A copy of the documentation received from the school employer or agency that made the relied-upon suitability determination, and

2. (b) Documentation establishing that the individual met the criteria of 603 CMR 51.06 (3) (a), (b), and either (c) or (d).

(5) Subsequent Checks; Fees.

1. (a) Unless a school employer may rely on a previous determination pursuant to 603 CMR 51.06(3), the school employer shall require a new national criminal history check at the individual's expense.

2. (b) If a previous school employer's documentation demonstrates the employee was deemed "unsuitable" for employment, another school employer shall require a new national criminal history check at the individual's expense.

3. (c) A school employer may choose to perform a new national criminal history check on an individual rather than rely on a previous favorable suitability determination. The school employer shall bear the cost of such a new 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