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  • PART I ADMINISTRATION OF THE GOVERNMENT
    (Chapters 1 through 182)
  • TITLE XII EDUCATION
  • CHAPTER 71 PUBLIC SCHOOLS
  • Section 38R Schools’ access to criminal offender records; employees, contractors, and volunteers; use limited to protection of children

[First paragraph effective until May 4, 2012. For text effective May 4, 2012, see below.]

Section 38R. The school committee and superintendent of any city, town or regional school district and the principal, by whatever title the position be known, of a public or accredited private school of any city, town or regional school district shall have access to and shall obtain all available criminal offender record information from the criminal history systems board of any current or prospective employee or volunteer of the school department, who may have direct and unmonitored contact with children, including any individual who regularly provides school related transportation to children. Such school committee, superintendent or principal shall periodically, but not less than every 3 years, obtain all available criminal offender record information from the criminal history systems board on all such employees and volunteers during their term of employment or volunteer service. Said school committee, superintendent or principal shall also have access to all criminal offender record information of any subcontractor or laborer commissioned by the school committee of any city, town or regional school district to perform work on school grounds, and who may have direct and unmonitored contact with children.

[First paragraph as amended by 2010, 256, Sec. 62 effective May 4, 2012. See 2010, 256, Sec. 145 as amended by 2010, 359, Sec. 102. For text effective until May 4, 2012, see above.]

The school committee and superintendent of any city, town or regional school district and the principal, by whatever title the position be known, of a public or accredited private school of any city, town or regional school district shall have access to and shall obtain all available criminal offender record information from the department of criminal justice information services of any current or prospective employee or volunteer of the school department, who may have direct and unmonitored contact with children, including any individual who regularly provides school related transportation to children. Such school committee, superintendent or principal shall periodically, but not less than every 3 years, obtain all available criminal offender record information from the department of criminal justice information services on all such employees and volunteers during their term of employment or volunteer service. Said school committee, superintendent or principal shall also have access to all criminal offender record information of any subcontractor or laborer commissioned by the school committee of any city, town or regional school district to perform work on school grounds, and who may have direct and unmonitored contact with children.

Access to such information shall be obtained in accordance with sections 167 to 168, inclusive, of chapter 6. A school committee, superintendent or principal obtaining information under this section shall prohibit the dissemination of such information for any purpose other than to further the protection of school children.