CM-15B_(4).pdf

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Attached to
Boston Pre-K Community-Based Providers
Solicitation number
EV00017868
Issued by
Suffolk County, Massachusetts

About this file

This document establishes CORI (Criminal Offender Record Information) compliance standards for vendors participating in Massachusetts state and local contract opportunities, specifically referenced in relation to the Boston Pre-K Community-Based Providers initiative administered by Boston Public Schools and the Department of Early Childhood. The standards, published in May 2025, outline mandatory vendor policies and practices for conducting criminal background checks on applicants for positions deemed sensitive or legally required to undergo such screening. Vendors must qualify applicants based on their professional qualifications before initiating any CORI check and must refrain from conducting background checks on candidates who do not meet baseline employment requirements for the relevant position.

The compliance standards require vendors to follow specific procedural safeguards when CORI reports reveal information beyond what the vendor is authorized to receive, including notifying applicants and providing them with correction procedures through the Massachusetts Department of Criminal Justice Information Services. If a CORI report contains authorized information that raises concerns, vendors must notify the applicant of potential adverse employment actions, provide copies of the report, identify specific concerning elements, allow the applicant to discuss and rebut findings, and document all compliance steps before making final employment decisions. Final hiring decisions must consider the seriousness, relevance, and age of any crimes disclosed as well as the applicant's life circumstances since the offense. Vendors must promptly notify applicants of adverse decisions with specific reasons provided. These requirements operate in addition to all existing Massachusetts and federal legal obligations regarding CORI and criminal history screening, with the form approved by Corporation Counsel in April 2025.

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CORI COMPLIANCE STANDARDS

Published May 2025

CM-15B

By checking line 2 on the foregoing Form CM-15A, the Vendor affirms that its CORI-related policies, practices, and standards are consistent with the following standards:

1 The Vendor does not conduct a CORI check on an Applicant unless a CORI check is required by law or the Vendor has made a good faith determination that the relevant position is of such sensitivity that a CORI report is warranted.

2 The Vendor reviews the qualifications of an Applicant and determines that an Applicant is otherwise qualified for the relevant position before the Vendor conducts a CORI check. The Vendor does not conduct a CORI check for an Applicant that is not otherwise qualified for a relevant position.

3 If the Vendor has been authorized by the MDCJIS to receive CORI reports consisting solely of conviction and case-pending information and the CORI report received by the Vendor contains other information (i.e. cases disposed favorably for the Applicant such as Not Guilty, Dismissal) then the Vendor informs the Applicant and provides the Applicant with a copy of MDCJIS’ information for the Applicant to pursue correction.

4 When the Vendor receives a proper CORI report of an Applicant that contains only the CORI information that the Vendor is authorized to receive and the Vendor is inclined to question an applicant about their criminal history, or refuse, rescind, or revoke the offer of a position to an Applicant, then the Vendor complies with this section by, including, but not limited to, notifying the Applicant of the potential adverse employment action, providing the Applicant with a photocopy of the CORI report received by the Vendor, informing the Applicant of the specific parts of the CORI report that concern the Vendor, providing an opportunity for the Applicant to discuss the CORI report with the Vendor including an opportunity for the Applicant to present information rebutting the accuracy and/or relevance of the CORI report, reviewing any information and documentation received from the Applicant, and documenting all steps taken to comply with 803 CMR 2.17.

5 The Vendor makes final employment-related decisions based on all of the information available to the Vendor, including the seriousness of the crime(s), the relevance of the crime(s), the age of the crime(s), and the occurrences in the life of the Applicant since the crime(s). If the final decision of the Vendor is adverse to the Applicant and results in the refusal, rescission, or revocation of a position with the Vendor then the Vendor promptly notifies the Applicant of the decision and the specific reasons therefor. Nothing in these requirements modifies or affects a Vendor’s obligation to comply with Massachusetts or federal laws regarding CORI.

APPROVED AS TO FORM BY CORPORATION COUNSEL APRIL, 2025

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