Falmouth School Committee
- Falmouth School Committee
- Agendas and Minutes
- Watch School Committee Meetings
- Meeting Schedule
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Policy Manual
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SECTION A - Foundations and Basic Commitments
- AA School District Legal Status
- AB The People and Their School District
- AC Nondiscrimination
- ACA Harassment and Discrimination Prevention
- ACAA Nondiscrimination on the Basis of Sex
- ACAB Sexual Harassment
- ACE Nondiscrimination on the Basis of Disability
- AD Mission and Vision Statements
- ADA Core Values
- ADC Tobacco Products on School Premises
- ADDA Background Checks
- ADDA-R-1 DCJIS Model CORI Form
- ADDA-R-2 CORI Requirements - Administrative Guidelines for Volunteers
- ADF School District Wellness Policy
- AE Accountability/Commitment to Accomplishment
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SECTION B - Board Governance and Operations
- BA: School Committee Operational Goals
- BAA: Evaluation of School Committee Operational Procedures
- BB: School Committee Legal Status
- BBA: School Committee Powers and Duties
- BBAA: School Committee Member Authority and Duties
- BBBA/BBBB: School Committee Member Qualifications/Oath of Office
- BBBC: School Committee Member Resignation
- BBBE: Unexpired Term Fulfillment
- BCA: School Committee Member Ethics
- BCB: Conflict of Interest
- BCBA: Nepotism
- BDA: School Committee Organizational Meeting
- BDB: School Committee Officers
- BDD: School Committee – Superintendent Relationship
- BDE: Subcommittees of the School Committee
- BDE-R: Permanent Committees and Other Assignments
- BDF: Advisory Committees to the School Committee
- BDFA: School Councils
- BDFA-E-1: School Success Plans
- BDFA-E-2: Submission and Approval of the School Success Plan
- BDFA-E-3: Conduct of School Council Business
- BDFB: Student Advisory Board Participation at School Committee Meetings
- BDG: School Attorney
- BE: School Committee Meetings
- BEC: Executive Sessions
- BEDA: Notification of School Committee Meetings
- BEDB: Agenda Format
- BEDD: Rules of Order
- BEDF: Voting Method for School Committee Meetings
- BEDG: Minutes
- BEDH: Public Participation at School Committee Meetings
- BEE: Special Procedures for Conducting Hearings
- BG: School Committee Policy Development
- BGB: Policy Adoption
- BGC: Policy Revision and Review
- BGD: School Committee Review of Regulations
- BGE: Policy Dissemination
- BGF: Suspension of Policies
- BHC: School Committee-Staff Communications
- BHD: School Committee Public Relations
- BHE: Use of Electronic Messaging by School Committee Members
- BIA: New School Committee Member Orientation
- BIBA: School Committee Conference, Conventions, and Workshops
- BID: School Committee Member Compensation and Expenses
- BJ: School Committee Legislative Program
- BK: School Committee Memberships
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SECTION C - General School Administration
- CA: Administration Goals
- CB: School Superintendent
- CBE: Salary Increments for the Superintendent of Schools
- CBI: Evaluation of the Superintendent
- CBD: Superintendent’s Contract
- CCB: Line and Staff Relations
- CE: Administrative Councils, Cabinets, and Committees
- CH: Policy Implementation
- CHA: Development of Procedures
- CHC: Procedures Dissemination
- CHCA: Approval of Handbooks and Directives
- CHD: Administration in Policy Absence
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SECTION D - Fiscal Management
- DA: Fiscal Management Goals
- DB: Annual Budget
- DBC: Budget Deadlines and Schedules
- DBD: Budget Planning
- DBG: Budget Adoption Procedures
- DBJ: Budget Transfer Authority
- DD: Funding Proposals and Applications
- DEC: Appropriate use of Federal Grant Funds
- DGA: Authorized Signatures
- DH: Bonded Employees and Officers
- DI: Fiscal Accounting and Reporting
- DIE: Audits
- DJ: Purchasing
- DJA: Purchasing Authority
- DJE: Procurement Requirements (formerly Bidding Requirements)
- DK: Payment Procedures
- DKC: Expense Reimbursements
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SECTION E - Support Services
- EB: Safety Program
- EBAB: Integrated Pest Management
- EBB: First Aid
- EBC: Emergency Plans
- EBC Supplemental: General (Interim) Policy on COVID-19 Related Issues
- EBCA: Distribution of Potassium
- EBCD: Emergency Closings
- EBCFA: Face Coverings
- EC: Buildings and Grounds Management
- ECA: Buildings and Grounds Security
- ECABA: Identification Badges
- ECAC: Vandalism
- ECAF: School Cameras on School Property and Buses
- ECF: Energy Conservation and Management Policy
- EDC: Authorized Use of School Equipment
- EEA: Student Transportation Services
- EEAA: Walkers and Riders
- EEAE: School Bus Safety Program
- EEAEA: Bus Driver Examination and Training
- EEAEA-1: Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers
- EEAFA: Late Bus Service
- EEAG: Student Transportation in Private Vehicles
- EEAJ: Motor Vehicle Idling on School Grounds
- EFC: Free and Reduced Price Food Services
- EFD: Meal Charge Policy
- EGAD: Printing and Duplication Procedures (Copyrighted Materials)
- SECTION F - Facilities Development
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SECTION G - Personnel
- GBA: Affirmative Action Policy
- GBAA: Equal Employment Opportunity
- GBEA: Staff Ethics/Conflict of Interest
- GBEB: Staff Conduct
- GBEBC: Gifts to and Solicitations by Staff
- GBEBD: Online Fundraising and Solicitations – Crowdfunding
- GBEC: Drug-Free Workplace
- GBED: Tobacco Use on School Property by Staff Members Prohibited
- GBGB: Staff Personal Security and Safety
- GBGE: Domestic Violence Leave (Formerly coded as GCCD)
- GBGF: Family and Medical Leave
- GBI: Staff Participation in Political Activities
- GBJ: Personnel Records
- GBK: Staff Complaints and Grievances
- GCA: Professional Staff Positions
- GCBA: Professional Staff Salary Schedules
- GCBB: Employment of Principals
- GCBC: Professional Staff Supplementary Pay Plans
- GCCC: Professional Staff Family Medical Leave
- GCE: Professional Staff Recruiting/Posting of Vacancies
- GCF: Professional Staff Hiring
- GCG: Substitute Professional Staff Employment
- GCQF: Suspension and Dismissal of Professional Staff Members
- GCRD: Tutoring for Pay
- GDA: Support Staff Positions
- GDI: Support Staff Probation
- GDO: Evaluation of Support Staff
- GDQD: Suspension and Dismissal of Support Staff Members
- SECTION H - Negotiations
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SECTION I - Instruction
- IB: Academic Freedom
- IC/ICA: School Year/School Calendar
- ID: School Day
- IE: Organization of Instruction
- IGA: Curriculum Development
- IGB: Student Services Programs
- IGD: Curriculum Adoption
- IHAI: Occupational Education
- IHAMA: Parent/Guardian Notification Relative to Human Sexuality Curriculum
- IHAM: Health Education
- IHAM-R(2): Health Education (Exemption Procedure)
- IHAMB: Teaching about Alcohol, Tobacco, and Drugs
- IHB: Special Instructional Programs and Accommodations
- IHBAA: Observations of Special Education Programs
- IHBD: Compensatory Education
- IHBEA: English Learners
- IHBF: Homebound Education
- IHBG: Home Education Programs
- IHCA: Summer Schools
- IJ: Instructional Materials
- IJ-R: Reconsideration of Instruction Resources
- IJL: Library Materials Selection and Adoption
- IJNDB: Responsible Use Policy
- IJNDC: School and District Web Pages
- IJNDD: Policy on Social Media
- IJOA: Field Trip Policy
- IJOB: Community Resource Persons/Speakers
- IJOC: Volunteer Program
- IK: Academic Achievement
- IKE: Promotion and Retention of Students
- IKF: Conditions to Receive a Falmouth Diploma
- IKF-A: Graduation in Less than Four Years
- ILD: Student Submission to Educational Surveys and Research
- IMA: Teaching Activities/Presentations
- IMB: Teaching about Controversial Issues/Controversial Speakers
- IMD: School Ceremonies and Observances
- IMG: Animals in Schools
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SECTION J - Students
- JB: Equal Educational Opportunities
- JFABF: Educational Opportunities for Children in Foster Care
- JBB: Educational Equity
- JC: School Attendance Areas
- JCA: Assignments to Schools
- JEB: Entrance Age
- JF: School Admissions
- JFABC: Admission of Transfer Students
- JFABD: Homeless Students: Enrollment Rights and Services
- JFABE: Educational Opportunities for Military Children
- JFBB: School Choice
- JH: Student Absences and Excuses
- JHD: Exclusions and Exemptions from School Attendance
- JI: Student Rights and Responsibilities
- JIB: Student Involvement in Decision-Making
- JIC: Student Discipline
- JICA: Student Dress Code
- JICC: Student Conduct on School Buses and Bus Stops
- JICE: Student Publications
- JICFA: Prohibition of Hazing
- JICFA-E: Hazing
- JICH: Alcohol, Tobacco, and Drug Use by Students Prohibited
- JICI: Explosive Devices/Weapons
- JICFB: Bullying Prevention
- JIE: Pregnant Students
- JIH: Searches and Interrogations
- JII: Student Complaints and Grievances
- JIK: Free Speech, Petition, and Assembly
- JJ: Co-Curricular and Extracurricular Activities
- JJA: Student Organizations
- JJE: Student Fundraising Activities
- JJF: Student Activity Accounts
- JJG: Contests for Students
- JJH: Student Late Night or Overnight Travel
- JJH-R: Student Travel Procedures
- JJIB: Interscholastic Athletics
- JJIF: Athletic Concussion Management Policy
- JK: Student Conduct
- JKA: Corporal Punishment
- JKAA: Physical Restraint of Students
- JL: Student Welfare
- JLC: Student Health Services and Requirements
- JLCA: Physical Examinations of Students
- JLCB: Immunization of Student
- JLCC: Communicable Diseases
- JLCD: Administering Medicines to Students
- JLD: Guidance Program
- JP: Solicitation of Funds
- JQ: Student Fees, Fines, and Charges
- JRA: Student Records
- JRD: Student Photographs
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SECTION K - School-Community Relations
- KBA: School/Parent Relations Goals
- KBBA: Non-Custodial Parents’ Rights
- KBE: Relations with Parent/Booster Organizations
- KCD: Public Gifts to the Schools
- KDB: Public’s Right to Know
- KDD: News Media Relations/News Releases
- KE: Public Complaints
- KF: Community Use of School Facilities
- KF-R: Community Use of School Facilities
- KHA: Public Solicitations to the Schools
- KHB: Advertising in the Schools
- KLJ: Relations with Planning Authorities
- KLK: Relations with Local Government Authorities
- KI: Visitors to Schools
- KLG: Relations with Public Safety Authorities
- SECTION L - Education Agency Relations
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SECTION A - Foundations and Basic Commitments
- School Committee Goals 2020-2021
- Committee Roster
- Subcommittee Assignments
- Operating Protocols
- Communication and Involvement with the School Committee
- School Committee Meeting Information
- What is the function of the School Committee?
- How do I become a member of the School Committee?
- Other Frequently Asked Questions
- Falmouth Public Schools
- Policy Manual
- SECTION A - Foundations and Basic Commitments
- ADDA Background Checks
ADDA Background Checks
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It shall be the policy of the school district that, as required by law, a state and national fingerprint criminal background check will be conducted to determine the suitability of full or part time current and prospective school employees, who may have direct and unmonitored contact with children. School employees shall include, but not be limited to any apprentice, intern, or student teacher or individuals in similar positions, who may have direct and unmonitored contact with children. The School Committee shall only obtain a fingerprint background check for current and prospective employees for whom the School Committee has direct hiring authority. In the case of an individual directly hired by a school committee, the chair of the School Committee shall review the results of the national criminal history check. The Superintendent shall also obtain a state and national fingerprint background check for any individual who regularly provides school related transportation to children. The Superintendent may require a state and national fingerprint criminal background check or a layered background check for any volunteer, subcontractor or laborer who may have direct and unmonitored contact with children. This includes all volunteers and chaperones who participate on overnight field trips. School volunteers and subcontractors/laborers who may have direct and unmonitored contact with children must continue to submit state CORI checks. In addition, all school committee members will be required to submit to a background check.
The fee charged by the provider to the employee and educator for national fingerprint background checks will be $55.00 for school employees subject to licensure by DESE and $35.00 for other employees, which fee may from time to time be adjusted by the appropriate agency. The employer shall continue to obtain periodically, but not less than every 3 years, from the department of criminal justice information services all available Criminal Offender Record Information (CORI) for any current and prospective employee or volunteer within the school district who may have direct and unmonitored contact with children.
Direct and unmonitored contact with children is defined in DESE regulations as contact with a student when no other employee who has received a suitability determination by the school or district is present. “Contact” refers to any contact with a student that provides the individual with opportunity for physical touch or personal communication.
This 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.
Requesting CHRI (Criminal History Record Information) checks
Fingerprint-based CHRI checks will only be conducted as authorized by state and federal law, in accordance with all applicable state and federal rules and regulations. 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.
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. Federal law and regulations 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.
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. 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.
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 a secure location 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 district
CHRI Training
An informed review of a criminal record requires training. Accordingly, all personnel authorized to receive and/or review CHRI at the district 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.
Determining Suitability
In determining an individual's suitability, the following factors will be considered: these factors may include, but not necessarily be limited to: the nature and gravity of the crime and the underlying conduct, the time that has passed since the offense, conviction and/or completion of the sentence, nature of the position held or sought, age of the individual at the time of the offense, number of offenses, any relevant evidence of rehabilitation or lack thereof and any other factors deemed relevant by the district.
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.
Relying on Previous Suitability Determination.
The school employer may obtain and may rely on a favorable suitability determination from a prior employer, if the following criteria are met:
The suitability determination was made within the last seven years; and
The individual has not resided outside of 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.
Adverse Decisions Based on CHRI
If inclined to make an adverse decision based on an individual's CHRI, the district 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 not to exceed thirty days to correct or complete the CHRI.
If a school employer receives criminal record information from the state or national fingerprint-based background checks that includes no disposition or is otherwise incomplete, the school employer may request that an individual, after providing him a copy of said background check, provide additional information regarding the results of the criminal background checks to assist the school employer in determining the applicant's suitability for direct and unmonitored contact with children, notwithstanding the terms of General Laws chapter 151B, S. 4,( 9,9 ½). Furthermore, in exigent circumstances, a school employer may, pursuant to the terms of DESE regulations (see specific regulations in legal references), hire an employee on a conditional basis without first receiving the results of a national criminal background check. After exhausting several preliminary steps as contained in the above referenced regulation the district may require an individual to provide information regarding the individual's history of criminal convictions; however, the individual cannot be asked to provide information about juvenile adjudications or sealed convictions. The superintendent is advised to confer with legal counsel whenever they solicit information from an individual concerning their history of criminal convictions.
Secondary Dissemination of CHRI
If an individual's CHRI is released to another authorized entity, a record of that dissemination must be made in the 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:
Subject Name;
Subject Date of Birth;
Date and Time of the dissemination;
Name of the individual to whom the information was provided;
Name of the agency for which the requestor works;
Contact information for the requestor; and
The specific reason for the request.
Reporting to Commissioner of Elementary and Secondary Education
Pursuant to state law and regulation, if the district 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, the district 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 checks results. The superintendent shall notify the employee or applicant that it has made a report pursuant to the regulations to the Commissioner.
Pursuant to state law and regulation, if the district 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 regulations, the Superintendent shall report to the Commissioner in writing within 30 days of the discovery, regardless of whether the district 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 regulations to the Commissioner and shall also send a copy of the criminal record check results to the employee or applicant.
C.O.R.I. Requirements
It shall be the policy of the district to obtain all available Criminal Offender Record Information (CORI) from the department of criminal justice information services of prospective employee(s) or volunteer(s) of the school department including any individual who regularly provides school related transportation to children, who may have direct and unmonitored contact with children, prior to hiring the employee(s) or to accepting any person as a volunteer. State law requires that school districts obtain CORI data for employees of taxicab companies that have contracted with the schools to provide transportation to pupils.
The Superintendent, Principal, or their certified designees shall periodically, but not less than every three years, obtain all available Criminal Offender Record Information from the department of criminal justice informational services on all employees, individuals who regularly provide school related transportation to children, including taxicab company employees, and volunteers who may have direct and unmonitored contact with children, during their term of employment or volunteer service.
The Superintendent, Principal, or their certified designees may also have access to Criminal Offender Record Information for any subcontractor or laborer who performs work on school grounds, and who may have direct and unmonitored contact with children, and shall notify them of this requirement and comply with the appropriate provisions of this policy.
Pursuant to a Department of Education regulation, “‘Direct and unmonitored contact with children’ means contact with students when no other employee, for whom the employer has made a suitability determination of the school or district, is present. “Contact” refers to any contact with a student that provides the individual with opportunity for physical touch or personal communication. The school employer may determine when there is potential for direct and unmonitored contact with children by assessing the circumstances and specific factors including but not limited to, whether the individual will be working in proximity with students, the amount of time the individual will spend on school grounds, and whether the individual will be working independently or with others. An individual shall not be considered to have the potential for direct and unmonitored contact with children if he or she has only the potential for incidental unsupervised contact in commonly used areas of the school grounds.”
In accordance with state law, all current and prospective employees, volunteers, and persons regularly providing school related transportation to children of the school district shall sign an acknowledgement form authorizing receipt by the district of all available CORI data from the department of criminal justice information services. In the event that a current employee has a question concerning the signing of the acknowledgement form, he/she may meet with the Principal or Superintendent; however, failure to sign the CORI acknowledgement form may result in a referral to local counsel for appropriate action.
Completed acknowledgement forms must be kept in secure files. The School Committee, Superintendent, Principals or their designees certified to obtain information under the policy, shall prohibit the dissemination of school information for any purpose other than to further the protection of school children.
CORI is not subject to the public records law and must be kept in a secure location, separate from personnel files and may be retained for not more than three years. CORI shall be shared with the individual to whom it pertains, pursuant to law, regulation and the following model policy, and in the event of an inaccurate report the individual should contact the department of criminal justice informational services.
Access to CORI material must be restricted to those individuals certified to receive such information. In the case of prospective employees or volunteers, CORI material should be obtained only where the Superintendent had determined that the applicant is qualified and may forthwith be recommended for employment or volunteer duties.
The hiring authority, subject to applicable law and the model policy, reserves the exclusive right concerning any employment decision.
The Superintendent shall ensure that on the application for employment and/or volunteer form there shall be a statement that as a condition of the employment or volunteer service the school district is required by law to obtain Criminal Offender Record Information for any employee, individual who regularly provides transportation, or volunteer who may have direct and unmonitored contact with children. Current employees, person’s regularly providing school related transportation, and volunteers shall also be informed in writing by the Superintendent prior to the periodic obtaining of their Criminal Offender Record Information.
Records sealed pursuant to law shall not operate to disqualify a person in any examination, appointment or application for public service on behalf of the Commonwealth or any political subdivision thereof.
The Superintendent shall revise contracts with special education schools and other providers to require a signed statement that the provider has met all legal requirements of the state where it is located relative to criminal background checks for employees and others having direct and unmonitored contact with children.
LEGAL REFS.: M.G.L.6:167-178; 15D:7-8; 71:38R, 151B, 276:100A
P.L. 92-544; Title 28 U.S.C. § 534; Title 28 C.F.R. 20.33(b)
42 U.S.C. § 16962
603 CMR 51.00
803 CMR 2.00
803 CMR 3.05 (Chapter 149 of the Acts of 2004)
FBI Criminal Justice Information Services Security Policy Procedure for correcting a criminal record
FAQ – Background Checks