Bulletin issued about new background check law

The Executive Office of Public Safety and Security has issued an informational bulletin regarding Chapter 459 of the Acts of 2012, An Act Relative to Background Checks, which was signed into law on Jan. 10.

The law requires fingerprint-based national criminal history checks for all employees and certain other individuals working in public and private schools and child care facilities in Massachusetts.

The Executive Office of Public Safety and Security, the Department of Criminal Justice Information Services and the Massachusetts State Police are working with the Executive Office of Education, the Department of Elementary and Secondary Education, and the Department of Early Education and Care to implement the law, including information on when and how required individuals will need to submit their fingerprints for these background checks.

Under the new law, all school-related and childcare provider personnel with the potential for unsupervised contact with children must submit to state and national fingerprint-based criminal history checks. This includes all public and private school employees (administrators, educators, substitute teachers, maintenance staff, cafeteria workers, bus drivers and all subcontractors/laborers working on school grounds); employees at special education day and residential school programs; and anyone providing child care or support services licensed by the Department of Early Education and Care.

The law applies to all new hires, as well as all existing employees and educators.

Given the scope of this law, the Executive Office of Public Safety and Security anticipates thousands of fingerprint submissions will need to be captured, processed, reviewed and disseminated annually, in accordance with federal law and state CORI laws.

Fingerprint-based state and national criminal history checks as authorized by the CORI reform law (M.G.L. Ch. 6, Sec. 172B ½) are separate and distinct from fingerprint-based criminal record checks for educators and others required under Chapter 459 of the Acts of 2012, according to the Executive Office of Public Safety and Security.

Massachusetts will engage a vendor to capture and process all applicant fingerprints under this new law.

For more information, visit www.mass.gov/edu/2013newsupdates/frequently-asked-questions-regarding-background-checks.htm or contact Laura Weierman, assistant general counsel, Department of Criminal Justice Information Services, at (617) 660-4681 or laura.weierman@state.ma.us.