555 CMR, § 10.06

Current through Register 1536, December 6, 2024
Section 10.06 - Division Evaluation of SRO Certification Application
(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).

555 CMR, § 10.06

Adopted by Mass Register Issue 1495, eff. 5/12/2023.