603 CMR 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 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.
Notes
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