Product Description

Recent updates:

• Update: April 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of Massachusetts Criminal Offender Record Information (CORI) Law . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions regarding the handling of criminal offender records in Massachusetts. Highlights from the 2023 edition include

  • information on obtaining a client's CORI online using the iCORI system;

  • a discussion of evidentiary rules governing the use of sealed records;

  • a 2022 law, codified at G.L. c. 276, s. 100K 1/4, providing that decriminalized marijuana offenses must be expunged within thirty days of a request and establishing a range of applicable offenses that includes not only possessory offenses but also certain offenses involving distribution;

  • a review of the standards and procedures applicable under Section 100K 1/4, including the removal of discretion, the availability of a hearing, the requirement of written findings of fact, and a requirement that following an expungement the court must provide the petitioner with copies of the relevant documents and notify the clerk of the originating court, the commissioner of probation, and the commissioner of criminal justice information services;

  • the procedure for sealing the records of persons who have received a pardon from the governor and approval from the Governor's Council, and the effect of sealing such records on employment, housing, and subsequent criminal proceedings;

  • a pending Supreme Judicial Court appeal addressing whether trial courts may deny a request to seal the record of an offense following the defendant's acquittal;

  • a discussion of recently amended statutory provisions on prearraignment diversion programs under G.L. c. 276A and G.L. c. 276B;

  • Supreme Judicial Court caselaw from 2022 emphasizing the strong presumption in favor of expungement in cases eligible under G.L. c. 276, s. 100K and rejecting the court's reliance on the petitioner's other offenses or a belief that expungement would not help the petitioner as reasons to reject the petition;

  • a mandamus action pending in the Supreme Judicial Court that would require the commissioner of probation to apply the juvenile sealing law to youthful offenders;

  • a review of the CORI requirements applicable to employers and prospective employers;

  • recent developments on the consequences of operating-under-the-influence (OUI) convictions and refusals to participate in alcohol testing, including a 2020 law requiring the installation of an ignition interlock device (IID) for certain first-time offenders seeking a hardship license; and

  • a 2022 memorandum from the U.S. Department of Housing and Urban Development addressing the potential interaction between the disabilities of public housing recipients and use of their criminal records.

  We trust you will find this updated version of Massachusetts Criminal Offender Record Information (CORI) Law an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, Esq., Publications Attorney

Table of Contents

Chapter 01 expand

Types of Schooling Available

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Kristin E. Valcourt, Esq., Department of Elementary & Secondary Education, Commonwealth of Massachusetts

Checklist 1.1

- Commonwealth and Horace Mann Charter Application for New Operators Buy Form

Exhibit 1A

- Advisory on Interdistrict School Choice Pursuant to G.L. c. 76, § 12B Buy Form

Exhibit 1B

- Guidelines for the Vocational Technical Education Program Nonresident Student Tuition Process Pursuant to M.G.L. c. 74 Buy Form

Exhibit 1C

- Massachusetts Department of Elementary and Secondary Education Advisory on Approval of Massachusetts Private Schools Pursuant to Mass. Gen. Laws c. 76, § 1 Buy Form

Chapter 02 expand

Powers and Responsibilities of the School Committee

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Nicholas J. Dominello, Esq., Valerio Dominello & Hillman, LLC
Elizabeth B. Valerio, Esq., Valerio Dominello & Hillman, LLC

Exhibit 2A

- Sample Form for School Committee Meeting Minutes (Open Session) Buy Form

Exhibit 2B

- Sample Form for School Committee Meeting Minutes (Executive Session) Buy Form

Chapter 03 expand

The State and Federal Roles in Massachusetts Public Schools

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Rhoda Schneider, Esq., MA Dept. of Elementary & Secondary Education

Chapter 04 expand

Collective Bargaining in Public Education

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David M. Connelly, Esq., Morgan, Brown & Joy LLP

Chapter 05 expand

Employment Issues Involving School Employees in General

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Demitrios M. Moschos, Esq., Seder & Chandler

Checklist 5.1

- Checklist of Required Elements of Sexual Harassment Policies Buy Form

Chapter 06 expand

Employment Issues Involving Teachers

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Gregor Pagnini, Esq., Brody, Hardoon, Perkins & Kesten LLP

Exhibit 6A

- Decisions Addressing Procedural Issues Arising in Connection with Teacher Dismissal and Nonrenewal Buy Form

Exhibit 6B

- Internet Sites Buy Form

Exhibit 6C

- Decisions Involving the Best Interest Standard—Teachers Retained Buy Form

Exhibit 6D

- Decisions Involving the Best Interest Standard—Teachers Dismissed Buy Form

Exhibit 6E

- Decisions Addressing the Elevation of Performance Standards Buy Form

Exhibit 6F

- Decisions Addressing Allegations of Insubordination Buy Form

Exhibit 6G

- Decisions Involving Allegations of Conduct Unbecoming Buy Form

Chapter 07 expand

Student Safety and Discipline in Public Schools

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Rebecca L. Bryant, Esq., Stoneman, Chandler & Miller LLP

Exhibit 7A

- Decisions Illustrating Analysis of Facts in Cyber Speech Cases Buy Form

Chapter 08 expand

Preventing and Responding to Harassment and Bullying in Public Schools

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Justin R. Gomes, Esq., Stoneman, Chandler & Miller LLP
Colleen Shea, Esq.,

Exhibit 8A

- Antiharassment Policy Buy Form

Exhibit 8B

- Harassment Grievance Policy Checklist Buy Form

Exhibit 8C

- Administrative Guidelines for Responding to Complaints of Peer Harassment by Students Buy Form

Chapter 09 expand

Student Enrollment, Curriculum, and Assessment

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Felicia S. Vasudevan, Esq., Murphy, Hesse, Toomey & Lehane LLP

Chapter 10 expand

Student Records

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John C. Foskett, Esq., Valerio Dominello & Hillman, LLC
Caroline Thibeault, Esq.,

Chapter 11 expand

Public Schools, Online Speech, and Electronic Devices and Data

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Leslie Crofton Carey, Esq., Long, DiPietro, and Gonzalez, LLP
Rosann DiPietro, Esq., Long, DiPietro, and Gonzalez, LLP

Exhibit 11A

- Selected Decisions Addressing Free Speech and Online Student Expression Buy Form

Exhibit 11B

- Selected Decisions Addressing Employee Online Speech Outside of Work Buy Form

Chapter 12 expand

An Overview of Special Education Law

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Daniel W. Ahearn, Esq.,

Checklist 12.1

- Special Education Eligibility Checklist Buy Form

Checklist 12.2

- Checklist for Examining the Independent Evaluation Option Buy Form

Checklist 12.3

- Services and Placements Checklist Buy Form

Checklist 12.4

- Checklist for Special Education Hearings Buy Form

Exhibit 12A

- IDEA Discipline Outline Buy Form

Chapter 13 expand

Special Education: Practice Before the Bureau of Special Education Appeals

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Sara P. Berman, Esq., Bureau of Special Education Appeals, Commonwealth of Massachusetts
Alina Kantor Nir, Esq., Commonwealth of Massachusetts

Checklist 13.1

- Checklist of the Basic Elements of a BSEA Expedited Hearing Schedule Buy Form

Exhibit 13A

- IEP Rejection/Nonresponse Packet and BSEA Mediation Options Buy Form

Exhibit 13B

- Hearing Rules for Special Education Appeals Buy Form

Exhibit 13C

- BSEA Standing Orders Buy Form

Exhibit 13D

- Hearing Request Form Buy Form

Exhibit 13E

- Notice of Hearing—Parent Initiated Hearing Buy Form

Exhibit 13F

- Notice of Hearing—School Initiated Hearing Buy Form

Exhibit 13G

- Notice of Accelerated Hearing—Parent Initiated Hearing Buy Form

Exhibit 13H

- Notice of Accelerated Hearing—School Initiated Hearing Buy Form

Exhibit 13I

- Notice of Expedited Hearing—Parent Initiated Hearing Buy Form

Exhibit 13J

- Notice of Expedited Hearing—School Initiated Hearing Buy Form

Exhibit 13K

- LEA Notice of Hearing Buy Form

Exhibit 13L

- Advancement/Postponement Request Form Buy Form

Exhibit 13M

- Statement on the Effect of BSEA Decision and Rights of Appeal Buy Form

Chapter 14 expand

Special Education: Advocating on Behalf of Students and Parents

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Robert K. Crabtree, Esq.,
Eileen M. Hagerty, Esq., Kotin, Crabtree & Strong LLP

Checklist 14.1

- Checklist of Questions for Initial Review of Client’s Records Buy Form

Exhibit 14A

- Sample SPED Intake Form Buy Form

Exhibit 14B

- Feedback from BSEA Hearing Officers Buy Form

Chapter 15 expand

Special Education: Advocating on Behalf of School Districts

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Rebecca L. Bouchard, Esq., Chicopee Public Schools

Checklist 15.1

- Specific Areas of Need to Be Considered in Developing IEPs for Students with Autism Spectrum Disorder Buy Form

Exhibit 15A

- Technical Assistance Advisory SPED 2014-1: DSM-5 Changes and the Impact on Students with Autism Spectrum Disorders (ASD) Buy Form

Exhibit 15B

- Technical Assistance Advisory SPED 2007-1: Autism Spectrum Disorder Buy Form

Exhibit 15C

- Transition Planning Form (TPF) Buy Form

Exhibit 15D

- Chart Showing Options for Disciplining Children with Disabilities Buy Form

Exhibit 15E

- Chart Showing Requirements for “Removals” Under 1999 IDEA Regulations Buy Form

Chapter 16 expand

Tort Liability of Schools and School Employees

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Gregor Pagnini, Esq., Brody, Hardoon, Perkins & Kesten LLP

Checklist 16.1

- Checklist of Actions to Be Taken by a School Employee Sued in Tort Buy Form

Exhibit 16A

- Motion to Dismiss Count I of Plaintiff’s Complaint Buy Form

Exhibit 16B

- Memorandum of Law in Support of Defendant’s Motion to Dismiss Count I of Plaintiff’s Complaint Buy Form

Exhibit 16C

- Motion to Amend Track Designation Buy Form

Exhibit 16D

- Decisions After Brum v. Town of Dartmouth Illustrating Protection to Schools Under G.L. c. 258, § 10(j) Buy Form

Exhibit 16E

- Petition for Approval of Minor Settlement Pursuant to G.L. c. 231, § 140C½ Buy Form

Exhibit 16F

- Motion to Impound Complaint and to Use Pseudonyms Buy Form

Chapter 17 expand

Basic Rules of Public School Budgeting and Finance

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Kelly T. Gonzalez, Esq., Long, DiPietro, and Gonzalez, LLP
Michael J. Long, Esq., Long, DiPietro, and Gonzalez, LLP

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