Bill > S247

This bill, known as the Stop Educator Sexual Abuse, Misconduct and Exploitation (S.E.S.A.M.E.) Act of 2015, aims to protect children by establishing stricter employment screening for individuals working in public and private school entities who have direct contact with children. "Direct contact with children" is defined as having the possibility of care, supervision, guidance, control, or routine interaction with children. The bill defines "abuse" as conduct reportable under Chapter 119 of the General Laws and "sexual misconduct" as any communication or action, regardless of age, designed to establish a romantic or sexual relationship with a child or student, including invitations, dating, romantic dialogue, suggestive comments, or sexual contact. To implement these protections, school entities and independent contractors must require applicants to provide a list of current and former employers, a written authorization for disclosure of employment history related to abuse or sexual misconduct, and a statement detailing any past abuse or sexual misconduct investigations, disciplinary actions, resignations, or license revocations. Employers must then verify this information by contacting former employers and requesting specific details about employment dates and any history of abuse or sexual misconduct investigations or related employment separations. Additionally, the bill mandates checking an applicant's certification status to ensure they are qualified for the position. Applicants providing false information face disciplinary action, including termination, and potential professional discipline. Employers are required to disclose requested information within twenty days, using a standardized form, and former employers must provide additional information within sixty days if an initial review indicates potential issues. This information is not considered public record. The bill also grants immunity from liability to employers providing information unless it is knowingly false, while also imposing civil penalties and professional discipline for willful failure to respond or disclose information. Contracts that suppress information about abuse investigations, hinder reporting, or require expunging such allegations (unless found false) are void. The bill includes provisions for provisional hiring for up to ninety days under strict conditions, and specific rules for substitute employees and employees of independent contractors. Finally, the Department of Elementary and Secondary Education is empowered to investigate willful violations and assess civil penalties, and can initiate disciplinary actions.