Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H516 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3606 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 516
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Natalie M. Blais
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing employee screening requirements in schools to prevent child sexual abuse.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Blais1st Franklin1/17/2025 1 of 11
16	16	HOUSE DOCKET, NO. 3606 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 516
18	18	By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 516) of
19	19	Natalie M. Blais for legislation to establish employee screening requirements in schools to
20	20	prevent child sexual abuse. Education.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 434 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act establishing employee screening requirements in schools to prevent child sexual abuse.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 71 of the General Laws, as appearing in the 2022 Official Edition, is hereby
32	32	2amended by inserting after Section 38R the following new section:-
33	33	3 Section 38R1/2. Screening of prospective school employees for prior investigations into
34	34	4child abuse or sexual misconduct.
35	35	5 For the purposes of this section, the following definitions shall apply:-
36	36	6 “Child abuse”, the non-accidental commission of any act by a caregiver which causes or
37	37	7creates a substantial risk of physical or emotional injury or sexual abuse of a child or student; or
38	38	8the victimization of a child or student through sexual exploitation, regardless if the person
39	39	9responsible is a caretaker. 2 of 11
40	40	10 “Sexual misconduct”, any verbal, nonverbal, written, or electronic communication, or
41	41	11any other act directed toward or with a student that is designed to establish a sexual relationship
42	42	12with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual
43	43	13dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual
44	44	14or erotic nature, and any other sexual, indecent or erotic contact with a student.
45	45	15 (a) A school district, charter school, nonpublic school, or contracted service provider
46	46	16holding a contract with a school district, charter school, or nonpublic school may not offer
47	47	17employment to an applicant who would be employed by or work in a school in a position which
48	48	18involves direct or regular contact with students, unless the school district, charter school,
49	49	19nonpublic school, or contracted service provider requires the applicant to provide: (1) A list,
50	50	20including name, address, telephone number and other relevant contact
51	51	21 information of the applicant, including: (i) Current employer; (ii) All former employers
52	52	22that were school entities;
53	53	23 (iii) All former employers if the applicant was employed in positions that involved direct
54	54	24contact with children.
55	55	25 (2) A written authorization that consents to and authorizes disclosure by the applicant's
56	56	26current and former employers. (3) A written statement of whether the applicant: (i) has been the
57	57	27subject of (A) an abuse or sexual misconduct investigation by any employer, State licensing
58	58	28agency, law enforcement agency, unless the investigation resulted in a finding that the
59	59	29allegations were false or inconclusive; or (B) an investigation of abuse under section 51A of
60	60	30chapter 119 in which the allegations of abuse against the applicant were substantiated by the
61	61	31department of children and families and not subsequently unsubstantiated or overturned on 3 of 11
62	62	32appeal; (ii) has ever been disciplined, discharged, non-renewed, asked to resign from
63	63	33employment, resigned from or otherwise separated from any employment (A) while allegations
64	64	34of abuse or sexual misconduct were pending or under investigation, unless the investigation
65	65	35resulted in a finding that the allegations were false or inconclusive, or in the case of section 51A
66	66	36of chapter 119, unsubstantiated; or (B) due to an adjudication or findings of abuse or sexual
67	67	37misconduct.; or (iii) has ever had a license, professional license or certificate suspended,
68	68	38surrendered or revoked (A) while allegations of abuse or sexual misconduct were pending or
69	69	39under investigation, unless the investigation resulted in a finding that the allegations were false
70	70	40or inconclusive, or in the case of section 51A of chapter 119, unsubstantiated; or (B) due to
71	71	41adjudicated findings of abuse or sexual misconduct.
72	72	42 (b) Before a school or contracted service provider may offer employment to an applicant
73	73	43who would be employed by or work in a school in a position involving direct or regular contact
74	74	44with children, the school or contracted service provider shall conduct a review of the
75	75	45employment history of the applicant by contacting those employers listed by the applicant and
76	76	46requesting the following information: (1) The dates of employment of the applicant. (2) A
77	77	47statement as to whether the applicant: (i) was the subject of (A) an abuse or sexual misconduct
78	78	48investigation by any employer, State licensing agency, law enforcement agency, unless such
79	79	49investigation resulted in a finding that the allegations were false or inconclusive; or (B) an
80	80	50investigation of abuse under section 51A of chapter 119 in which the allegations of abuse against
81	81	51the applicant were substantiated by the department of children and families and not subsequently
82	82	52unsubstantiated or overturned on appeal; (ii) was disciplined, discharged, non-renewed, asked to
83	83	53resign from employment, resigned from or otherwise separated from any employment (A) while
84	84	54allegations of abuse or sexual misconduct were pending or under investigation, unless the 4 of 11
85	85	55investigation resulted in a finding that the allegations were false or inconclusive or, in the case of
86	86	56section 51A of chapter119, unsubstantiated; or (B) due to an adjudication or findings of abuse or
87	87	57sexual misconduct; or (iii) has ever had a license, professional license or certificate suspended,
88	88	58surrendered or revoked while allegations of abuse or sexual misconduct were pending or under
89	89	59investigation, or due to adjudicated findings of abuse or sexual misconduct.
90	90	60 (c) Before a school or contracted service provider may offer employment to an applicant
91	91	61who would be employed by or in a school entity in a position involving regular contact with
92	92	62children, the school entity or contracted service provider shall check the eligibility for
93	93	63employment or certification status of the applicant to determine whether the applicant holds valid
94	94	64and active certification appropriate for the position and is otherwise eligible for employment and
95	95	65whether the applicant has been the subject of professional discipline.
96	96	66 (d) Before a school or contracted service provider may offer employment to an applicant
97	97	67who would be employed by or in a school entity in a position involving regular contact with
98	98	68children, the school entity or contracted service provider shall check the Central Registry of the
99	99	69department of children and families. A substantiated finding of physical or sexual abuse of a
100	100	70child shall disqualify that applicant from employment.
101	101	71 (e) An applicant who provides false information or willfully fails to disclose material
102	102	72required information shall be subject to discipline up to, and including, termination or denial of
103	103	73employment and may be subject to professional discipline.
104	104	74 (f) No later than 120 days after receiving a request for information under subsection (b),
105	105	75an employer that has or had an employment relationship with the applicant shall disclose the 5 of 11
106	106	76information requested. The employer shall disclose the information on a standardized form
107	107	77developed by the department of elementary and secondary education.
108	108	78 (g)(1) After reviewing the information initially disclosed under subsection (a)(2) and
109	109	79finding an affirmative response to subsection (a)(2)(i), (ii) or (iii), or disclosed under section (b)
110	110	80and finding an affirmative response to subsection (b)(2)(i), (ii) or (iii), where the prospective
111	111	81employing school or contractor makes a determination to consider the applicant for employment,
112	112	82the school or contractor shall request that former employers provide any additional material
113	113	83information about the matters disclosed. The applicant shall provide written authorization that
114	114	84consents to and authorizes disclosure by the applicant's current and former employers of said
115	115	85additional material information. (2) Former employers shall provide the additional information
116	116	86requested no later than 90 days after the prospective employer's request under this paragraph. (3)
117	117	87Information received under this section shall not be deemed a public record for the purposes of
118	118	88section 10 of chapter 66. (4) A school that receives the information under this subsection shall
119	119	89use the information solely for the purpose of evaluating an applicant's fitness to be hired or for
120	120	90continued employment.
121	121	91 (h) A school or independent contractor may hire an applicant on a provisional basis for
122	122	92no more than 90 days pending the school entity's or independent contractor’s review of
123	123	93information and records received under this section, provided that all of the following are
124	124	94satisfied:
125	125	95 (1) the applicant has provided all of the information and supporting documentation
126	126	96required; (2) the school administrator has no knowledge of information pertaining to the 6 of 11
127	127	97applicant that would disqualify the applicant from employment; and (3) the applicant swears or
128	128	98affirms that the applicant is not disqualified from employment.
129	129	99 (i) A school or contractor may not enter into a collective bargaining agreement, an
130	130	100employment contract, an agreement for resignation or termination, a severance agreement or any
131	131	101other contract or agreement or take any action that interferes with the operation of section 51A of
132	132	102chapter 119 or appropriate criminal authority. Any provision of an employment contract or
133	133	103agreement for resignation or termination or a severance agreement that is executed, amended or
134	134	104entered into after the effective date of this section and that is contrary to this section shall be
135	135	105void. (1) Any individual who is a school employee, contractor, or agent, or any State educational
136	136	106agency or local educational agency, shall be prohibited from assisting a school employee,
137	137	107contractor, or agent in obtaining a new job in another educational agency or school, apart from
138	138	108the routine transmission of administrative and personnel files, if the individual or agency knows,
139	139	109or has probable cause to believe, that such school employee, contractor, or agent engaged in
140	140	110sexual misconduct regarding a minor or student in violation of the law. (2) The requirements of
141	141	111subsection (a) shall not apply if the information
142	142	112 giving rise to probable cause if : (i) there has been properly reported to a law enforcement
143	143	113agency with jurisdiction over the alleged misconduct; and has been properly reported to any
144	144	114other authorities as required by Federal, State, or local law, including title IX of the Education
145	145	115Amendments of 1972 (20 U.S.C. 1681 et seq.) and the regulations implementing such title under
146	146	116part 106 of title 34, Code of Federal Regulations, or any succeeding regulations; and (ii) the
147	147	117matter has been officially closed or the prosecutor or police with jurisdiction over the alleged
148	148	118misconduct has investigated the allegations and notified school officials that there is insufficient
149	149	119information to establish probable cause that the school employee, contractor, or agent engaged in 7 of 11
150	150	120sexual misconduct regarding a minor or student in violation of the law; (iii) the school employee,
151	151	121contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged
152	152	122misconduct; or (iv) the case or investigation remains open and there have been no charges filed
153	153	123against, or indictment of, the school employee, contractor, or agent within 4 years of the date on
154	154	124which the information was reported to a law enforcement agency.
155	155	125 (v)(A) For substitute employees, the employment history review required by this section
156	156	126shall be required only prior to the initial hiring of a substitute or placement on the school entity's
157	157	127approved substitute list and shall remain valid as long as the substitute continues to be employed
158	158	128by the same school entity or remains on the school entity's approved substitute list. (B) A
159	159	129substitute seeking to be added to another school entity's substitute list shall undergo a new
160	160	130employment history review. The appearance of a substitute on one school entity's substitute list
161	161	131does not relieve another school entity from compliance with this section. (C) An employment
162	162	132history review conducted upon initial hiring of a substitute employee by an contracted service
163	163	133provider, intermediate unit or any other entity that furnishes substitute staffing services to school
164	164	134entities shall satisfy the requirements of this section for all school entities using the services of
165	165	135that independent contractor, intermediate unit or other entity. (D) A contracted service provider,
166	166	136intermediate unit or any other entity furnishing substitute staffing services to school entities shall
167	167	137comply with the provisions of this Act. (E) For purposes of this subsection, "substitute
168	168	138employee" shall not mean school bus drivers employed by a contracted service provider.
169	169	139 (j)(1) For employees of contracted service providers, the employment history review
170	170	140required by this section shall be performed either at the time of the initial hiring of the employee
171	171	141or prior to the assignment of an existing employee to perform work for a school entity in a
172	172	142position involving regular contact with children. The review shall remain valid as long as the 8 of 11
173	173	143employee remains employed by that same contractor even though assigned to perform work for
174	174	144other school entities. (2) A contracted service provider shall maintain records documenting
175	175	145employment history reviews for all employees as required by this section and, upon request, shall
176	176	146provide a school entity for which an employee is assigned to perform work access to the records
177	177	147pertaining to that employee. (3) Prior to assigning an employee to perform work for a school in a
178	178	148position involving regular contact with children, the contracted service provider shall inform the
179	179	149school of any instance known to the contractor in which the employee: (i) was the subject of any
180	180	150abuse or sexual misconduct investigation by any employer, state licensing agency, law
181	181	151enforcement authority or child protective services agency, unless such investigation resulted in a
182	182	152finding that allegations are false; (ii) has ever been disciplined, discharged, non-renewed,
183	183	153removed from a substitute list, asked to resign from employment, resigned from or otherwise
184	184	154separated from any employment while allegations of abuse or sexual misconduct as described in
185	185	155subparagraph (i) were pending or under investigation, or due to an adjudication or findings of
186	186	156abuse or sexual misconduct; or (iii) has ever had a license, professional license or certificate
187	187	157suspended, surrendered or revoked while allegations of abuse or sexual misconduct were
188	188	158pending or under investigation, or due to an adjudication or findings of abuse or sexual
189	189	159misconduct. (4) The independent contractor may not assign the employee to perform work for
190	190	160the school in a position involving direct contact with children where the school objects to the
191	191	161assignment after being informed of an instance of abuse or sexual misconduct. (5) An applicant
192	192	162who has once undergone the employment history review required and seeks to transfer to or
193	193	163provide services to another school in the same district, diocese or religious judicatory or
194	194	164established and supervised by the same organization shall not be required to obtain additional
195	195	165reports before making such transfer. 9 of 11
196	196	166 (k) (1) An employer, school, school administrator or independent contractor who in good
197	197	167faith provides information or records including personnel records about a current or former
198	198	168employee’s job performance and professional conduct to a prospective school employer or to the
199	199	169department of elementary and secondary education shall be immune from criminal and civil
200	200	170liability for the disclosure or any consequences of the disclosure, unless the information or
201	201	171records were provided with the knowledge that they were false or misleading. Such immunity
202	202	172shall be in addition to and not in limitation of any other immunity provided by law or any
203	203	173absolute or conditional privileges applicable to such disclosures by virtue of the circumstances or
204	204	174 the applicant's consent thereto. (2) Except where the laws of other states prevent the
205	205	175release of the information or records requested, or disclosure is restricted by the terms of a
206	206	176contract entered into prior to the effective date of this section, the willful failure of a former
207	207	177employer, school entity, school administrator or independent contractor to respond or provide the
208	208	178information and records as requested may result in civil penalties, and professional discipline
209	209	179where appropriate. (3) Notwithstanding any provision of law to the contrary, an employer,
210	210	180school, school administrator, independent contractor or applicant shall report and disclose in
211	211	181accordance with this section all relevant information, records and documentation that may
212	212	182otherwise be confidential under section 10 of chapter 66. (4) A school or independent contractor
213	213	183may not hire an applicant who does not provide the information required under subsection (a)(2)
214	214	184for a position involving contact with children. (l) Nothing in this section shall be construed: (1)
215	215	185To prevent a prospective employer from conducting further investigations of prospective
216	216	186employees or from requiring applicants to provide additional background information or
217	217	187authorizations beyond what is required under this section, nor to prevent a former employer from
218	218	188disclosing more information than what is required under this section. (2) To relieve a school, 10 of 11
219	219	189school administrator or independent contractor of its legal responsibility to report suspected
220	220	190incidents of abuse in accordance with the provisions of section 51A of chapter 119 or
221	221	191misconduct by a licensed educator in accordance with the reporting requirements of the
222	222	192department of elementary and secondary education. (3) To relieve a school, school administrator
223	223	193or independent contractor of its legal responsibility to report suspected incidents of professional
224	224	194misconduct in accordance with chapter 119, section 51A or misconduct by a licensed educator in
225	225	195accordance with the reporting requirements of the department of elementary and secondary
226	226	196education. (4) To prohibit the right of the exclusive representative pursuant to chapter 150E to
227	227	197challenge the validity of an employee’s termination or discipline under a collective bargaining
228	228	198agreement or any relevant statute
229	229	199 (m)(1) The office of the attorney general shall have jurisdiction to determine willful
230	230	200violations of this section and may, following a hearing, assess a civil penalty not to exceed ten
231	231	201thousand dollars. School entities shall be barred from contracting with an independent contractor
232	232	202who is found to have willfully violated the provisions of this section. Willful violations of the
233	233	203provisions of this section shall be reported to the relevant licensing authority. (2)
234	234	204Notwithstanding any other provision of law to the contrary, the department of education shall
235	235	205gather data on all reports of sexual misconduct and sexual abuse of students by school
236	236	206employees, including details of the allegations of sexual misconduct and sexual abuse; name of
237	237	207the school filing the report; whether an investigation was conducted and, if not, reasons why; the
238	238	208outcome of any investigation, including whether a license was temporarily or permanently
239	239	209revoked or whether the employee surrendered their license in lieu of an investigation. These
240	240	210aggregated data will be reported to the legislature on an annual basis and a report made available
241	241	211to the public and to the National Association of State Directors of Teacher Education and 11 of 11
242	242	212 Certification Clearinghouse or any national databases serving the same purpose. (3) The
243	243	213department of education shall notify each school district and school about the provisions of this
244	244	214act to ensure applicants and employers are aware of their respective rights and responsibilities
245	245	215under this act. The department shall develop standardized forms for applicants and employers to
246	246	216use to comply with the requirements of subsection (a) of this act, as well as any other
247	247	217informational materials that may assist applicants and employers in the implementation of and
248	248	218compliance with this act. (4) The board of education may promulgate regulations for
249	249	219implementation and enforcement of this chapter. Upon release of the proposed regulations, the
250	250	220board shall file a copy of the regulations with the clerks of the house of representatives and the
251	251	221senate, who shall forward the regulations to the joint committee on education. Within 30 days of
252	252	222the filing, the committee may hold a public hearing and issue a report on the regulations and file
253	253	223the report with the board. The board, pursuant to applicable law, may adopt final regulations
254	254	224making revisions to the proposed regulations as it deems appropriate after consideration of the
255	255	225report and shall file a copy of the final regulations with the chairpersons of the joint committee
256	256	226on education and, not earlier than 30 days after the filing, the board shall file the final regulations
257	257	227with the state secretary. (5) No employer shall be liable for injury, loss of property, personal
258	258	228injury or death caused by an act or omission of a public employee while acting in the scope of
259	259	229the public employee’s employment and arising out of the implementation of this chapter. This
260	260	230chapter shall
261	261	231 not be construed as creating or imposing a specific duty of care.