Current through Register 1531, September 27, 2024
(1) In evaluating an application for SRO
certification for an individual:
(a) The
Division shall evaluate Commission records concerning the individual,
including:
1. Those related to any prior
certification applications filed on behalf of the individual;
2. Those concerning any disciplinary
proceedings against the individual; and
3. Others contained in Commission
databases.
(b) The
Division may obtain and consider additional information regarding the
individual by:
1. Requesting that the
individual complete a questionnaire;
2. Requesting that the applicant provide
names of or letters from references, and contacting those references to discuss
the individual;
3. Obtaining
additional information concerning the individual's: completion of in-service or
specialized training, relevant education, performance reviews, professional
awards, achievements, commendations, receipt of discipline, misconduct, and
past performance;
4. Affording the
individual or the chief of police an opportunity to respond to any information
or allegations received by the Division; and
5. Taking other reasonable steps;
and
(c) The Division may
take into account the extent to which the individual appears to possess the
personal characteristics identified in M.G.L. c. 71, § 37P as relevant to
service as an SRO.
(2)
The Division shall review each application for SRO certification and any other
information obtained by the Division.
(3) Except as provided in
555
CMR 10.07(1), the Division
may grant an SRO certification to an individual only if the Division determines
that:
(a) The individual and the individual's
chief of police have provided all information required of them as part of the
application process;
(b) The
individual possesses an officer certification that is not suspended;
(c) The Division has obtained no information
demonstrating that the individual would presently be ineligible for an officer
certification;
(d) The chief of
police has concluded that the individual passed a background check that was
consistent with the provisions concerning background checks for current or
prospective school personnel in M.G.L. c. 71, § 38R and
603 CMR
51.00: Criminal History Checks for School
Employees;
(e) The
individual has successfully completed any SRO training that was required by the
MPTC pursuant to M.G.L. c. 6, § 116H or otherwise;
(f) The individual has successfully completed
any other in-service training or retraining that was required by the MPTC or
that was required by the Commission; and
(g) The Division has obtained no information
demonstrating that the individual would not strive to foster an optimal
learning environment and educational community that promotes a strong
partnership between school and police personnel.
(4) As a decision declining to provide full
SRO certification is distinct from revocation of officer certification, the
procedures prescribed by M.G.L. c. 6E, § 10 need not be followed before
such a decision is rendered.
(5)
The Division shall render a decision on an application for SRO certification
within a reasonable time.
(6) The
Division shall provide written notification of a decision on an application for
SRO certification by email to:
(a) The
individual for whom SRO certification is sought;
(b) The individual's chief of police;
and
(c) The head of the
individual's collective bargaining unit, if the unit head was identified by
name in the application.
(7) If the Division's decision on an
application for SRO certification provides for anything other than full
certification, the notification described in
555
CMR 10.06(6) shall also
inform the individual and the individual's chief of police of the ability to
seek review by the Executive Director as provided for in
555
CMR 10.08(1) and a hearing
as provided for in
555
CMR 1.10: Final Disciplinary Hearings
and Appeals of Certification Decisions and
555
CMR 10.08(2).
