SENATE DOCKET, NO. 1310        FILED ON: 1/14/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 210

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to ensuring the safety of children..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 71 of the General Laws is hereby amended by striking out section 38R and inserting the following:-

Section 38R. The superintendent of any city, town or regional school district and leader, by whatever title the position is known, of a public, charter 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 as well as a fingerprint national criminal history background check from the criminal history systems board of any current or prospective employee of the school department, who may have direct and unmonitored contact with children, including any individual who regularly provides school related transportation to children. The national criminal background check will include but not be limited to information obtained through the National Crime Information Center 2000. The cost of the national criminal background check is the sole responsibility of the current or prospective employee. National Criminal Background checks shall be conducted by the Massachusetts State Police and then administered through the Criminal History Systems Board in Massachusetts. Such superintendent or leader shall periodically, but not less than every 3 years, obtain all available criminal offender record information and fingerprint national criminal history background check from the criminal history systems board on all such employees during their term of employment. Said superintendent or leader shall also have access to all criminal offender record information and fingerprint national criminal history background check 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 superintendent or leader obtaining information under this section shall prohibit the dissemination of such information for any purpose other than to further the protection of school children.