File: ADDB - FINGERPRINT-BASED CRIMINAL HISTORY RECORD INFORMATION (CHRI) CHECKS File: ADDB - FINGERPRINT-BASED CRIMINAL HISTORY RECORD INFORMATION (CHRI) CHECKSThis policy is applicable to any fingerprint-based state and national criminal history record check made for non-criminal justice purposes and requested under applicable federal authority and/or state statute authorizing such checks for licensing or employment purposes. Where such checks are allowable by law, the following practices and procedures will be followed.
I. Requesting CHRI checks
Fingerprint-based CHRI checks will only be conducted as authorized by M.G.L. c. 71, §38R and 42 U.S.C. § 16962, in accordance with all applicable state and federal rules and regulations, and in compliance with M.G.L. c. 6, §§ 167-178 and 803 CMR §§ 2.00, et seq. If an applicant or employee is required to submit to a fingerprint-based state and national criminal history record check, he/she shall be informed of this requirement and instructed on how to comply with the law. Such instruction will include information on the procedure for submitting fingerprints. In addition, the applicant or employee will be provided with all information needed to successfully register for a fingerprinting appointment at http://www.identogo.com/FP/Massachusetts.aspx. The provider ID number for Billerica Public Schools: 00310000.
All school employees (new, current, and all substitutes) are required to submit a fingerprint-based state and national criminal history record.
All parties below will still be CORI in accordance with the state law and school committee policy.
Day/In classroom volunteers
Not require day to day or in classroom volunteers complete and submit to the new Act Relevant to Background Checks with the understanding and in accordance with the law they will continue to submit a regular (annual) CORI check.
Field Trip Volunteers (overnight)
Require any volunteer/chaperones participating in an overnight school related activity (i.e. field trip, Washington D.C., etc.) to complete a Background Check in accordance with the new Act Relevant to Background Checks beginning at the start of this school year (September 2014)
Field Trip Volunteers (one day)
Not require chaperones participating in field trips which would only occur during the day under a regular staff employees supervision to complete a Background Check with the understanding and in accordance with the law that they will continue to submit a regular (annual) CORI check beginning at the start of this school year (September, 2014).
Subcontractors - construction/maintenance related only
Not require subcontractors/construction or maintenance related to complete a Background Check in accordance with the new Act Relevant to Background Checks and will be addressed in policy. Subcontractors who will provide services on school grounds during school hours may be subject to complete a Background Check as determined by the Superintendent or Designee in accordance with the new Act Relevant to Background Checks and will be addressed in policy. The Superintendent or Designee will determine the Subcontractors who will continue to submit a CORI check beginning at the start of their services.
Student Teachers/Student Observers/(Pre)Practicum Students
Require all students completing an internship, practicum, and/or observations to complete a Background Check in accordance with the new Act Relevant to Background Checks.
Hardship Exceptions/Waivers
No waivers or hardship exceptions will be granted
Superintendent background check review
The Superintendent will appoint a designee to process and review the background check. The designee will make a suitability determination and sign off on the form that may be required to be submitted to the Department of Elementary and Secondary Education.
II. Access to CHRI
All CHRI is subject to strict state and federal rules and regulations in addition to Massachusetts CORI laws and regulations. CHRI cannot be shared with any unauthorized entity for any purpose, including subsequent hiring determinations. All receiving entities are subject to audit by the Massachusetts Department of Criminal Justice Information Services (DCJIS) and the FBI, and failure to comply with such rules and regulations could lead to sanctions. Title 28, U.S.C, § 534, Pub. L. 92-544 and Title 28 C.F.R. 20.33(b) provide that the exchange of records and information is subject to cancellation if dissemination is made outside of the receiving entity or related entities. Furthermore, an entity can be charged criminally for the unauthorized disclosure of CHRI.
III. Storage of CHRI
CHRI shall only be stored for extended periods of time when needed for the integrity and/or utility of an individual's personnel file. Administrative, technical, and physical safeguards, which are in compliance with the most recent CJIS Security Policy, have been implemented to ensure the security and confidentiality of CHRI. The CJIS Security Policy can be found here: http://www.mass.gov/eopss/law-enforce-and-cj/cjis/fbi-cjis-security-policy.html. Each individual involved in the handling of CHRI is to familiarize himself/herself with these safeguards.
In addition to the above, each individual involved in the handling of CHRI will strictly adhere to the policy on the storage, retention and destruction of CHRI.
IV. Retention and Destruction of CHRI
Federal law prohibits the repurposing or dissemination of CHRI beyond its initial requested purpose. Once an individual's CHRI is received, it will be securely retained in internal agency documents for the following purposes only:
• Historical reference and/or comparison with future CHRI requests,
• Dispute of the accuracy of the record
• Evidence for any subsequent proceedings based on information contained in the CHRI.
CHRI will be kept for the above purposes in the Central Office.
When no longer needed, CHRI and any summary of CHRI data must be destroyed by shredding paper copies and/or by deleting all electronic copies from the electronic storage location, including any backup copies or files. The shredding of paper copies of CHRI by an outside vendor must be supervised by an employee of the Billerica Public Schools.
IV. CHRI Training
An informed review of a criminal record requires training. Accordingly, all personnel authorized to receive and/or review CHRI at Billerica Public Schools will review and become familiar with the educational and relevant training materials regarding SAFIS and CHRI laws and regulations made available by the appropriate agencies, including the DCJIS.
V. Determining Suitability
In addition to CHRI, these factors may be considered in determining suitability, unless otherwise provided by law but not be limited to the following:
• Relevance of the crime to the position sought;
• The nature of the work to be performed;
• Time since the conviction;
• Age of the candidate at the time of the offense;
• Seriousness and specific circumstances of the offense;
• The number of offenses;
• Whether the applicant has pending charges;
• Any relevant evidence of rehabilitation or lack thereof;
• Any other relevant information, including information submitted by the candidate or requested by the hiring authority
A record of the suitability determination will be retained. The following information will be included in the determination:
• The name and date of birth of the employee or applicant;
• The date on which the school employer received the national criminal history check results; and,
• The suitability determination (either "suitable" or "unsuitable").
A copy of an individual's suitability determination documentation must be provided to another school employer, or to the individual, upon request of the individual for whom the school employer conducted a suitability determination.
VI. Relying on Previous Suitability Determination.
When an individual for whom a school employer or the Department of Elementary and Secondary Education has made a suitability determination applies to work for a school employer, the school employer may obtain and may rely on a favorable suitability determination, if the following criteria are met:
• The suitability determination was made within the last seven years; and
• The individual has not resided outside Massachusetts for any period longer than three years since the suitability determination was made; and either
• The individual has been employed continuously for one or more school employers or has gaps totaling no more than two years in his or her employment for school employers; or
• If the individual works as a substitute employee, the individual is still deemed suitable for employment by the school employer who made a favorable suitability determination. Upon request of another school employer, the initial school employer shall provide documentation that the individual is still deemed suitable for employment by the initial school employer.
Documentation of Reliance on a Previous Favorable Suitability Determination: In any instance where a school employer relies on a suitability determination made by another school employer or by the Department of Elementary and Secondary Education, the relying school employer shall retain the following documentation:
• A copy of the documentation received from the school employer or agency that made the relied-upon suitability determination, and;
• Documentation establishing that the individual met the criteria of 603 CMR 51.06(3)(a), (b), and either (c) or (d) as defined above.
The Billerica Public Schools may choose to perform a new national criminal history check on an individual rather than rely on a previous favorable suitability determination. The Billerica Public Schools shall bear the cost of such a new check.
Documentation of Reliance of Previous Unsuitability: If a previous school employer's documentation demonstrates the employee was deemed "unsuitable" for employment, the Billerica Public Schools shall require a new national criminal history check at the individual's expense.
VII. Adverse Decisions Based on CHRI
If inclined to make an adverse decision based on an individual's CHRI, Billerica Public Schools will take the following steps prior to making a final adverse determination:
• Provide the individual with a copy of his/her CHRI used in making the adverse decision;
• Provide the individual with a copy of this CHRI Policy;
• Provide the individual the opportunity to complete or challenge the accuracy of his/her CHRI; and
• Provide the individual with information on the process for updating, changing, or correcting CHRI.
A final adverse decision based on an individual's CHRI will not be made until the individual has been afforded a reasonable time depending on the particular circumstances {30 days} to correct or complete the CHRI.
VIII. Secondary Dissemination of CHRI
If an individual's CHRI is released to another authorized entity, a record of that dissemination must be made inthe secondary dissemination log. The secondary dissemination log is subject to audit by the DCJIS and the FBI.
The following information will be recorded in the log:
(1) Subject Name;
(2) Subject Date of Birth;
(3) Date and Time of the dissemination;
(4) Name of the individual to whom the information was provided;
(5) Name of the agency for which the requestor works;
(6) Contact information for the requestor; and
(7) The specific reason for the request.
IX. Reporting to Commissioner of Elementary and Secondary Education
Pursuant to M.G.L. ch 71, § 71R and 603 CMR 51.07, if Billerica Public Schools dismisses, declines to renew the employment of, obtains the resignation of, or declines to hire a licensed educator or an applicant for a Massachusetts educator license because of information discovered through a state or national criminal record check, Billerica Public Schools shall report such decision or action to the Commissioner of Elementary and Secondary Education in writing within 30 days of the employer action or educator resignation. The report shall be in a form requested by the Department and shall include the reason for the action or resignation as well as a copy of the criminal record check results. Billerica Public Schools shall notify the employee or applicant that it has made a report pursuant to 603 CMR 51.07(1) to the Commissioner.
Pursuant to M.G.L. ch 71, § 71R and 603 CMR 51.07, if Billerica Public Schools discovers information from a state or national criminal record check about a licensed educator or an applicant for a Massachusetts educator license that implicates grounds for license action pursuant to 603 CMR 7.15(8)(a), Billerica Public Schools shall report to the Commissioner in writing within 30 days of the discovery, regardless of whether Billerica Public Schools retains or hires the educator as an employee. The report must include a copy of the criminal record check results. The school employer shall notify the employee or applicant that it has made a report pursuant to 603 CMR 51.07(2) to the Commissioner and shall also send a copy of the criminal record check results to the employee or applicant.
SOURCE: Billerica
Adopted: January 12, 2015