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