An Act To Provide an Exception to the Laws Governing Fingerprinting of Educational Personnel
Maine Legislature, Session 121, LD 1250
Committee: Education and Cultural Affairs
Sponsors: SNOWE-MELLO, CUMMINGS, DAVIS, TRAHAN
Amends: 20-A MRSA §6103

Legislative Document 
No. 1250 
H.P.924 
House of Representatives, March 6, 2003 
An Act To Provide an Exception to the Laws Governing 
Fingerprinting of Educational Personnel 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative SNOWE-MELLO of Poland. 
17J~/J1.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CUMMINGS of Portland, DAVIS of Falmouth, TRAHAN of 
Waldoboro. 
Printed on recycled paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, during the First Special Session of the 118th 
Legislature, 
the Legislature enacted criminal history 
record 
check requirements for educational personnel; and 
Mhereas, since the 2000-2001 school year, schools across the 
State 
have 
lost the 
talents of 
skilled teachers 
and 
other 
educational personnel solely on the basis of their sincerely held 
philosophical 
objections 
to 
the 
requirements 
of 
the 
fingerprinting 
and 
criminal 
history 
record 
check 
provisions 
imposed upon school employees; and 
Mhereas, it is in the public interest to reinstate these 
teachers and educational personnel so that they may return to our 
schools and provide competent service to the pupils across the 
State beginning with the 2003-2004 school year; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §6103, sub-§10 is enacted to read: 
10. 
EXeDlPtion. 
Notwithstanding any other provision of 
this section and pursuant to rules adopted by the state board, 
the commissioner shall provide an exemption from the requirements 
of this section for applicants for certification, authorization, 
approval or renewal under chapter 501 or 502 on the basis of that 
person I s sincerely held philosophical objection to the required 
fingerprinting 
and 
criminal history 
record 
check. 
Upon 
the 
submission of a written application for exemption by the person, 
and after successful completion of any reference and background 
checks that might otherwise be conducted, the commissioner shall 
authorize the certification, authorization, approval or renewal 
under 
chapter 
or 
502. 
Rules 
adopted pursuant 
to 
this 
subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 2. Amend rules governing fingerprinting and criminal history 
record check of educational personnel; emergency rule-making authority. 
The State Board of Education shall adopt or amend rules within 60 
days of the enactment of this Act. 
The rules must allow persons 
regularly 
employed in a school at any time from the 1999-2000 school year 
to the 2002-2003 school year who have not been fingerprinted and 
who 
also 
require 
department 
certification, 
authorization, 
approval or renewal under the Maine Revised Statutes, Title 20-A, 
chapter 501 or 502 to obtain an exemption based on sincerely held 
objections to fingerprinting. 
The rules must allow exemptions in 
time for affected educational personnel to return to or seek 
employment in a school during the 2003-2004 school year. 
Rules 
adopted 
or 
amended 
pursuant 
to 
this 
section are 
routine technical rules as defined in the Maine Revised Statutes, 
Title 5, chapter 375, subchapter 2-A. 
Sec. 3. Reinstatement of certification, authorization, approval or 
renewal. 
Upon 
application 
by 
a 
person 
in 
the 
classes 
of 
educational personnel applicants described in Sec. 2, paragraph A 
and after successful completion of any reference and background 
checks that might otherwise be conducted, 
the Commissioner of 
Education 
shall 
reinstate 
the 
certification, 
authorization, 
approval or renewal under the Maine Revised Statutes, Title 20-A, 
chapter 501 or 502 that was denied to a person solely on the 
basis of that person's refusal to comply with the requirements of 
the Maine Revised Statutes, Title 20-A, section 6103 on the basis 
of 
a 
sincerely 
held 
philosophical 
belief 
against 
the 
fingerprinting and criminal history record check requirements. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill allows educational personnel who have not been 
fingerprinted and who are seeking certification, authorization, 
approval or renewal from the Department of Education to seek 
exemption due to a sincerely held philosophical objection to the 
required fingerprinting and criminal history record check. 
Education personnel who 
objection 
are 
also 
allowed 
reemployment in their field. 
left their jobs 
an 
exemption 
so 
due to 
they 
the 
may 
same 
seek