Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H434

Introduced
2/16/23  

Caption

Establishing employee screening requirements in schools to prevent child sexual abuse

Impact

If passed, this bill could significantly alter the hiring practices in the education sector by compelling institutions to adhere strictly to safety protocols before hiring staff. The legislation requires that applicants provide a detailed record of their employment history, including any investigations or disciplinary actions related to abuse or misconduct. Furthermore, it tightens the controls over how schools can hire and monitor staff, thereby enhancing the protective measures in place for students within Massachusetts educational environments. This aligns with ongoing efforts to strengthen child protection laws and improve trust in educational institutions.

Summary

House Bill 434 proposes new employee screening requirements for prospective school employees in Massachusetts aimed at preventing child sexual abuse. The bill amends Chapter 71 of the General Laws by introducing a new section that defines child abuse and sexual misconduct while establishing mandatory protocols for hiring individuals who will have direct contact with students. Schools, charter schools, nonpublic schools, and contractors are mandated to conduct comprehensive background checks and obtain histories from previous employers to ensure the safety of students.

Contention

While the bill aims to bolster student safety, it may also introduce challenges related to the breadth of background checks and the potential for false accusations impacting a person's employment opportunities. Critics may argue that the bill could impose excessive barriers to entry for prospective educators, particularly if past situations are perceived incorrectly or if information is withheld. Additionally, there could be concerns from employment rights advocates regarding privacy and the implications of previous accusations that did not lead to convictions or findings of wrongdoing. Therefore, balancing the rigorous checks with fair employment practices will be essential for the bill’s successful implementation.

Companion Bills

MA S1038

Similar To Eliminating the statute of limitation in civil child sexual abuse cases

MA H194

Similar To Relative to the prevention of child sexual abuse in schools and youth organizations

MA S2853

Similar To Eliminating the statute of limitation in civil child sexual abuse cases

MA S2932

Similar To Eliminating the statute of limitation in civil child sexual abuse cases

MA H4585

Replaced by Study Order

Previously Filed As

MA H3031

To promote jobs and economic growth in tourism, visitation and hospitality

MA H3271

Facilitating cost efficient transportation

MA H3629

Facilitating cost efficient transportation

MA H3488

Providing for timely reimbursement of cities and towns for veterans' benefits

MA H404

To support rural job creation and business expansion

MA H2760

Relative to non-membership service in public safety

MA H2449

Relative to non-membership service in public safety

MA H3487

To support veteran owned businesses

Similar Bills

MA S1166

Relative to enhancing hiring practices to prevent sexual abuse

MA S1040

Relative to enhancing hiring practices to prevent sexual abuse

MA H516

Establishing employee screening requirements in schools to prevent child sexual abuse

MA H1832

Relative to preventing the sexual abuse of children and youth

TX SB1891

Relating to a general employment review of persons who apply to school districts, open-enrollment charter schools, and certain independent contractors for employment involving direct contact with students or children; providing a civil penalty.

CA SB709

School employment: Sexual Abuse-Free Education (SAFE) Act.

CA SB1456

School employment: Sexual Abuse-Free Education (SAFE) Act.

IL HB2995

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