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SENATE DOCKET, NO. 484 FILED ON: 1/16/2023
SENATE . . . . . . . . . . . . . . No. 325
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Patrick M. O'Connor
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the screening of prospective school employees for prior investigations into
child abuse or sexual misconduct.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 9
SENATE DOCKET, NO. 484 FILED ON: 1/16/2023
SENATE . . . . . . . . . . . . . . No. 325
By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 325) of Patrick M. O'Connor for
legislation relative to the screening of prospective school employees for prior investigations into
child abuse or sexual misconduct. Education.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 376 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to the screening of prospective school employees for prior investigations into
child abuse or sexual misconduct.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 71 of the General Laws, as appearing in the 2014 Official Edition,
2is hereby amended by inserting after Section 38R the following new section:-
3 Section 38R1/2. Screening of prospective school employees for prior investigations into
4child abuse or sexual misconduct.
5 For the purposes of this section, the following definitions shall apply:-
6 “Child abuse” means the non-accidental commission of any act by a caregiver which
7causes or creates a substantial risk of physical or emotional injury or sexual abuse of a child or 2 of 9
8student; or the victimization of a child or student through sexual exploitation, regardless if the
9person responsible is a caretaker.
10 “Sexual misconduct” means any verbal, nonverbal, written, or electronic communication,
11or any other act directed toward or with a student that is designed to establish a sexual
12relationship with the student, including a sexual invitation, dating or soliciting a date, engaging
13in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure
14of a sexual or erotic nature, and any other sexual, indecent or erotic contact with a student.
15 (A) A school district, charter school, nonpublic school, or contracted service provider
16holding a contract with a school district, charter school, or nonpublic school shall not employ for
17pay or contract for the paid services of any person serving in a position which involves regular
18contact with students unless the school district, charter school, nonpublic school, or contracted
19service provider:
20 i. Requires the applicant to provide:
21 (1) A list, including name, address, telephone number and other relevant contact
22information of the applicant’s:
23 (a.) current employer;
24 (b.) all former employers within the last 20 years that were schools; and
25 (c.) all former employers within the last 20 years where the applicant was employed in a
26position that involved direct contact with children; and
27 (2) A written authorization that consents to and authorizes disclosure of the information
28requested under subsection b. of this section and the release of related records by the applicant’s 3 of 9
29employers listed under paragraph (1) of this subsection, and that releases those employers from
30liability that may arise from the disclosure or release of records;
31 (3) A written statement as to whether the applicant:
32 (a.) has been the subject of any child abuse or sexual misconduct investigation by any
33employer, State licensing agency, law enforcement agency, or the Division of Child Protection
34and Permanency in the Department of Children and Families, unless the investigation resulted in
35a finding that the allegations were false or the alleged incident of child abuse or sexual
36misconduct was not substantiated;
37 (b.) has ever been disciplined, discharged, nonrenewed, asked to resign from
38employment, resigned from or otherwise separated from any employment while allegations of
39child abuse or sexual misconduct were pending or under investigation, or due to an adjudication
40or finding of child abuse or sexual misconduct; or
41 (c.) has ever had a license, professional license, or certificate suspended, surrendered, or
42revoked while allegations of child abuse or sexual misconduct were pending or under
43investigation, or due to an adjudication or finding of child abuse or sexual misconduct; and
44 (3) Conducts a review of the employment history of the applicant by contacting those
45employers listed by the applicant under the provisions of paragraph (1) of subsection (a) of this
46section and requesting the following information:
47 (a.) The dates of employment of the applicant; and
48 (b.) A statement as to whether the applicant: 4 of 9
49 (1) was the subject of any child abuse or sexual misconduct investigation by any
50employer, State licensing agency, law enforcement agency, or the Division of Child Protection
51and Permanency in the Department of Children and Families, unless the investigation resulted in
52a finding that the allegations were false or the alleged incident of child abuse or sexual
53misconduct was not substantiated;
54 (2) was disciplined, discharged, nonrenewed, asked to resign from employment, resigned
55from or otherwise separated from any employment while allegations of child abuse or sexual
56misconduct were pending or under investigation, or due to an adjudication or finding of child
57abuse or sexual misconduct; or
58 (3) has ever had a license, professional license, or certificate suspended, surrendered, or
59revoked while allegations of child abuse or sexual misconduct were pending or under
60investigation, or due to an adjudication or finding of child abuse or sexual misconduct.
61 The review of the employment history may be conducted through telephonic, electronic,
62or written communications. If the review is conducted by telephone, the results of the review
63shall be documented in writing by the prospective employer.
64 (B) An applicant who willfully provides false information or willfully fails to disclose
65information required in subsection (ii)(a.) of this act:
66 (1) shall be subject to discipline up to, and including, termination or denial of
67employment; and
68 (2) may be subject to a monetary fine of not more than $500 5 of 9
69 A school district, charter school, nonpublic school, or contracted service provider holding
70a contract with a school district, charter school, or nonpublic school shall include a notification
71of the penalties set forth in this section on all applications for employment for positions which
72involve regular contact with students.
73 (C) No later than 20 days after receiving a request for information under subsection (A)
74of this act, an employer that has or had an employment relationship within the last 20 years with
75the applicant shall disclose the information requested on a standardized form developed by the
76Department of Education.
77 The prospective employer, in conducting the review of the employment history of an out-
78of-State applicant, shall make, and document with specificity, diligent efforts to:
79 (1) verify the information provided by the applicant pursuant to subsection (A) of this act;
80and
81 (2) obtain from any out-of-State employers listed by the applicant the information
82requested pursuant to subsection (A) of this act.
83 The failure of an employer to provide the information requested pursuant to subsection
84(A) of this act within the 20 day timeframe may be grounds for the automatic disqualification of
85an applicant from employment with a school district, charter school, nonpublic school, or
86contracted service provider. A school district, charter school, nonpublic school, or contracted
87service provider shall not be liable for any claims brought by an applicant who is not offered
88employment or whose employment is terminated: 6 of 9
89 (1) because of any information received by the school district, charter school, nonpublic
90school, or contracted service provider from an employer pursuant to section (A) of this act; or
91 (2) due to the inability of the school district, charter school, nonpublic school, or
92contracted service provider to conduct a full review of the applicant’s employment history
93pursuant to subsection (A)(ii) of this act.
94 A school district, charter school, nonpublic school, or contracted service provider shall
95have the right to immediately terminate an individual’s employment or rescind an offer of
96employment if:
97 (1) the applicant is offered employment or commences employment with the school
98district, charter school, nonpublic school, or contracted service provider following the effective
99date of this act; and
100 (2) information regarding the applicant’s history of sexual misconduct or child abuse is
101subsequently discovered or obtained by the employer that the employer determines disqualifies
102the applicant or employee from employment with the school district, charter school, nonpublic
103school, or contracted service provider.
104 The termination of employment pursuant to this subsection may be subject to appeal.
105 (D) After reviewing the information disclosed under subsection (A) of this act and
106finding an affirmative response to any of the inquiries, the prospective employer, prior to
107determining to continue with the applicant’s job application process, shall make further inquiries
108of the applicant’s current or former employer to ascertain additional details regarding the matter
109disclosed. 7 of 9
110 A school district, charter school, nonpublic school, or contracted service provider may
111employ or contract with an applicant on a provisional basis for a period not to exceed 90 days
112pending review by the school district, charter school, nonpublic school, or contracted service
113provider of information received pursuant to subsection (A) of this act, provided that all of the
114following conditions are satisfied:
115 (1) the applicant has complied with subsection (A) of this act;
116 (2) the school district, charter school, nonpublic school, or contracted service provider
117has no knowledge or information pertaining to the applicant that the applicant is required to
118disclose pursuant to this act; and
119 (3) the school district, charter school, nonpublic school, or contracted service provider
120determines that special or emergent circumstances exist that justify the temporary employment of
121the applicant.
122 (E) Information received by an employer under this act shall not be deemed a public
123record.
124 An employer, school district, charter school, nonpublic school, school administrator, or
125contracted service provider that provides information or records about a current or former
126employee or applicant shall be immune from criminal and civil liability for the disclosure of the
127information, unless the information or records provided were knowingly false. The immunity
128shall be in addition to and not in limitation of any other immunity provided by law.
129 (F) On or after the effective date of this act, a school district, charter school, nonpublic
130school, or contracted service provider may not take any action that: 8 of 9
131 (1) has the effect of suppressing or destroying information relating to an investigation
132related to a report of suspected child abuse or sexual misconduct by a current or former
133employee;
134 (2) affects the ability of the school district, charter school, nonpublic school, or
135contracted service provider to report suspected child abuse or sexual misconduct to the
136appropriate authorities; or
137 (3) requires the school district, charter school, nonpublic school, or contracted service
138provider to expunge information about allegations or finding of suspected child abuse or sexual
139misconduct from any documents maintained by the school district, charter school, nonpublic
140school, or contracted service provider, unless after investigation the allegations are found to be
141false or the alleged incident of child abuse or sexual misconduct has not been substantiated.
142 Any provision of an employment contract or agreement for resignation or termination or
143a severance agreement that is executed, amended, or entered into after the effective date of this
144act and that is contrary to this section shall be void and unenforceable.
145 (G) The Department of Education shall establish a public awareness campaign to
146publicize the provisions of this act and to ensure applicants and employers are aware of their
147respective rights and responsibilities under this act. The department shall post on its website
148guidance documents and any other informational materials that may assist applicants and
149employers in the implementation of and compliance with this act.
150 The department shall develop forms for applicants and employers that may be used to
151comply with the requirements of subsection (A) of this act, as well as any other forms necessary
152to carry out the provisions of this act. 9 of 9
153 SECTION 2. This act shall take effect 120 days following its passage.