An Act To Restrict Fingerprinting of Educational Personnel to New Hires
Maine Legislature, Session 121, LD 0890
Committee: Education and Cultural Affairs
Sponsors: TRAHAN
Amends: 20-A MRSA §13011, 20-A MRSA §13020, 25 MRSA §1541, 25 MRSA §1542-A

Legislative Document 
No. 890 
H.P.667 
House of Representatives, February 20, 2003 
An Act To Restrict Fingerprinting of Educational Personnel to New 
Hires 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative TRAHAN of Waldoboro. 
Printed on recycled paper 
/Jf~ 
'1J?11ld£~ 
MllLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20·A MRS A §6101, sub·§2, llB, as amended by PL 1995, c. 
547, §4, is further amended to read: 
B. 
Except as provided in paragraph A, 
information in any 
form relating to an employee or applicant for employment, or 
to 
the 
employee's 
immediate 
family, 
must 
be 
kept 
confidential if it relates to the following: 
(1) 
All information, working papers and examinations 
used in the examination or evaluation of all applicants 
for employment; 
(2) 
Medical 
information 
of 
any 
information pertaining to diagnosis 
mental or emotional disorders; 
kind, 
including 
or 
treatment of 
(3) 
Performance evaluations, personal references and 
other reports and evaluations reflecting on the quality 
or adequacy of the employee's work or general character 
compiled and maintained for employment purposes: 
(4) 
Credit information: 
(5) 
Except as provided by subsection I, the personal 
history, general character or conduct of the employee 
or any member of the employee's immediate family; 
(6) 
Complaints, 
charges 
of 
misconduct, 
replies 
to 
complaints and charges of misconduct and memoranda and 
other materials pertaining to disciplinary action; 
(7) 
Social security number; 
(8) 
The 
documents 
teacher 
action 
plan 
and 
and 
reports 
maintained 
for 
purposes; and 
support 
system 
certification 
(9) 
Criminal 
history 
record 
information 
obtained 
pursuant to section a*G~ 6103-A. 
Sec. 2. 20·A MRS A §6103, as amended by PL 1999, c. 791, §§1 
to 4, is repealed. 
Sec.3. 20·A MRSA §6103·A is enacted to read: 
§6103-A. 
Criminal history record information conviction data 
This section applies to state and federal criminal history 
record 
checks 
and 
maintenance 
of 
criminal 
history 
record 
information and conviction data for applicants for certification, 
authorization or 
approval 
under 
chapter 
or 
and 
for 
applicants for educational personnel positions in schools. 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Applicant" means: 
(1) 
A 
person 
who 
applies 
for 
certification, 
authorization or approval under chapter 501 or 502; 
( 2) 
A person 
certification, 
who applies for a position that reguires 
authorization or approval under chapter 
or 502; 
(3) 
A person who applies for a position that reguires 
certification or authorization and who holds a valid 
credential from another state, including a state that 
is 
a 
party 
state 
to 
an 
interstate 
agreement 
on 
gualifications of educational personnel under chapter 
511; or 
(4) 
A 
person 
whose 
certificate, 
authorization 
or 
approval has lapsed for more than 2 years as of the 
date of application for renewal subject to chapter 501 
or 
and 
who 
the 
department 
determines 
is 
an 
applicant. 
For purposes of this section, "applicant" does not include a 
person who 
holds 
a valid certification, authorization or 
approval under chapter 501 or 502 and who was employed by a 
school 
prior 
to 
August 
15,2003, 
unless 
that 
person 
subseguently applies 
for 
a 
position with another 
school 
administrative unit or private school in the State and the 
person is one to whom the superintendent intends to extend 
an offer of employment. 
B. 
"Bureau" means the State Bureau of Identification within 
the Department of Public Safety. 
C. 
"School" 
means 
a 
public school in this State or 
a 
private 
school 
approved 
for 
attendance 
purposes 
under 
section 
2902 
that enrolls 
60% 
or 
more 
publicly 
funded 
students. 
D. 
"Superintendent" has the same meaning as in section 1. 
subsection 
39. 
For 
the 
purposes 
of 
this 
section, 
"superintendent" includes the chief executive officer of a 
private 
school 
approved 
for 
attendance 
purposes 
under 
section 
2902 
that enrolls 
60% 
or 
more 
publicly 
funded 
students. 
2. 
Applicants for positions requiring certification and 
authorization. 
Beginning 
August 
15, 
2003, 
applicants 
for 
positions requiring certification and authorization under chapter 
or 
are 
subject to 
the provisions 
of this 
section. 
Fingerprinting 
of 
immediately 
affected 
applicants 
for 
certification and authorization, conducting of the needed state 
and federal criminal history record checks by the bureau pursuant 
to subsection 4, paragraph A and forwarding of the results by the 
]6 
bureau to the department must begin on August 15, 2003. 
3. 
Applicants for positions requiring approvaL 
Beginning 
August 
15, 
2003, 
applicants for positions 
requiring approval 
under chapter 502 are subject to the provisions of this section. 
Fingerprinting of 
applicants 
for 
positions 
requiring initial 
approval 
prior 
to 
being 
hired 
or 
placed 
under 
contract. 
conducting of 
the 
needed state and 
federal 
criminal history 
record checks by the bureau pursuant to subsection 4, paragraph A 
and forwarding of the results by the bureau to the department 
must begin on August 15, 2003. 
4. 
Criminal history record information. 
Cr iminal history 
record information is obtained as follows: 
A. 
The department shall request that for each applicant the 
bureau 
conduct 
a 
criminal 
history 
record 
check. 
The 
criminal history record check must include a check of the 
criminal history record information maintained by the Maine 
Criminal Justice Information System 
and by 
the Federal 
Bureau 
of 
Investigation. 
The 
bureau 
shall 
provide 
the 
criminal history record information obtained from the Maine 
Criminal Justice Information System and the Federal Bureau 
of Investigation to the department. 
For purposes of this 
paragraph, "applicant" does not include a person who holds a 
valid certification, authorization or approval under chapter 
or 502 and who was employed by a school prior to August 
15,2003: or 
B. 
When 
an applicant who 
holds 
a 
valid certification, 
authorization or approval under chapter 501 or 502 and was 
employed by a school prior to August 15, 2003 subsequently 
applies for a position with another school administrative 
unit or private school, 
the superintendent of the school 
administrative unit or private school to which the applicant 
applies may request criminal history record information on 
that applicant only if the governing body for that school 
administrative unit or private school has decided to obtain 
the same criminal history record information for all such 
applicants seeking employment in that school administrative 
unit 
or 
private 
school. 
Upon 
the 
request 
of 
that 
superintendent, the department shall request that the bureau 
obtain 
a 
criminal 
history 
record 
check. 
The 
criminal 
history record check must include a check of the criminal 
history record information maintained by the Maine Criminal 
Justice Information System and by the Federal Bureau of 
Investigation. 
The 
bureau 
shall 
provide 
the 
criminal 
history record information obtained from the Maine Criminal 
Justice 
Information 
System 
and 
the 
Federal 
Bureau 
of 
Investigation 
to 
the 
department. 
The 
department 
shal~ 
review 
the 
criminal 
history 
record 
information 
and 
communicate 
to 
the 
superintendent 
the 
department's 
determination concerning the approval or disapproval of the 
applicant. 
The department shall indicate approval for an 
applicant unless the applicant would be subject to denial, 
revocation, 
suspension or nonrenewal under section 13020, 
subsection 3-A. 
5. 
Use of criminal history record. 
State 
and 
federal 
cr iminal history record information may be used for the purpose 
of screening educational personnel applicants by the department 
in order to determine whether certification, authorization or 
approval should be granted. 
State and federal criminal history 
record information also may be reviewed by the department at the 
request of 
a 
superintendent pursuant to subsection 4 
for the 
purpose of screening a person who is not currently employed in 
that superintendent's school administrative unit and who is an 
applicant 
for 
a 
position 
in 
that 
superintendent's 
school 
administrative unit. 
Criminal history record 
information may 
also be used in accordance with subsection 13. 
6. 
Issuance 
restriction. 
Issuance 
of 
a 
certificate.L 
authorization, 
approval or renewal to 
a 
person whose criminal 
history record 
information includes 
a 
criminal 
conviction is 
subject to the provisions of section 13020 and Title 5, chapter 
1. 
Confidentiality. 
Except as provided in subsection 13, 
any criminal history record information obtained under subsection 
is confidential. 
8. 
Expenses 
of 
criminal 
history 
record 
check. 
The 
department or the superintendent that requests a criminal history 
record check shall pay the expenses of the criminal history 
record 
check. 
Except 
for 
any 
portion of 
the 
payment 
that 
constitutes the processing fee charged by the Federal Bureau of 
Investigation, all money received by the Maine State Police for 
purposes of this section must be paid to the Treasurer of State. 
The 
money must 
be applied to the expenses of administration 
incurred by the Department of Public Safety. 
9. 
Fingerprinting. 
An applicant shall submit to having 
fingerprints taken. 
The Maine State Police, upon payment by the 
department or the superintendent, shall take or cause to be taken 
the applicant's fingerprints and shall forward the fingerprints 
to the bureau so that the bureau can conduct state and federal 
criminal history record checks. 
10. 
Applicant's access to criminal history record check. 
The subject of a Federal Bureau of Investigation criminal history 
record check may receive a 
copy of a criminal history record 
check by following the procedures outlined in 28 Code of Federal 
Regulations, Sections 16.32 and 16.33. 
The subject of a state 
criminal record check may inspect and review criminal record 
information pursuant to Title 16, section 620. 
11. 
Applicant's right to have fingerprints removed from 
state repository upon retirement or career change. 
Teachers or 
educational 
personnel 
whose 
certification, 
authorization 
or 
approval has expired may reguest in writing that the bureau 
remove their fingerprints from the bureau's fingerprint file. 
In 
response 
to 
a 
written reguest, 
the bureau shall 
remove 
the 
reguester' s fingerprints from the fingerprint file and provide 
written confirmation of that removal to the reguester. 
12. 
Implementation. 
The reguirements of this section must 
be implemented as follows. 
A. 
Persons other 
than those 
for 
whom 
certification or 
authorization is reguired who are placed under contract by a 
school and who 
are subject to the reguirements of this 
section must meet these reguirements by July 1, 2004. 
B. 
Persons subject to the reguirements of this section who 
begin work in a school after August 15, 
2003 shall meet 
these reguirements prior to their 20th day of work. 
13. 
Statistical 
information. 
Statistics 
and 
other 
information described in this subsection are public information. 
Dissemination of statistics and other information pursuant to 
this subsection must be made in a 
manner that preserves the 
confidentiality of the information contained in the criminal 
history records provided to the commissioner from which these 
statistics 
are 
drawn. 
Statistics 
and 
information 
may 
be 
disseminated as follows: 
A. 
From the Maine State Police: 
(1) 
Information explaining the process used by the 
Maine 
State 
Police 
and 
the 
bureau 
in 
conducting 
fingerprinting and state and national criminal history 
record checks: 
(2) 
The number of fingerprints and criminal history 
record checks projected to be processed by the Maine 
State Police: and 
(3) 
The number of educational personnel applicants who 
have been fingerprinted. the number of criminal history 
record checks completed by the Maine State Police and 
the 
number 
of criminal history record checks being 
processed by the Maine State Police: and 
B. 
From the commissioner: 
(1) 
Information explaining the process used by the 
commissioner 
in 
reviewing 
criminal 
hi s to ry 
reco rd 
checks. 
in 
applying 
the 
statutory 
standards 
for 
potential 
dis~ualification 
and 
in 
determining 
appropriate agency action; 
(2) 
The 
number 
of 
applications 
for 
certification, 
authorization and approval processed by or pending with 
the department; 
(3) 
The 
number 
of 
applications 
for 
certification, 
authorization and approval projected to be processed by 
the department; and 
(4) 
The 
aggregate 
number 
of 
educational 
personnel 
applicants who 
have been fingerprinted; 
and the 
sum 
total of educational personnel applicants for whom the 
commissioner 
denied. 
revoked 
or 
suspended 
a 
certificate, 
authorization or 
approval 
or 
whom 
the 
commissioner determined to be ineligible for employment 
based on the results of a criminal history record check. 
14. 
Rules. 
The commissioner shall adopt or amend rules 
necessary to carry out this section. 
These rules must include a 
listing of all positions that are subject to this section. 
Rules 
adopted pursuant to this section are routine technical rules 
pursuant to Title 5. chapter 375. subchapter 2-A. 
Sec. 4. 20-A MRSA §13011, sub-§l, ,E, as amended by PL 1997, 
c. 452, §5, is further amended to read: 
E. 
Certify 
or 
authorize 
personnel 
who 
provide 
early 
childhood educational programs or developmental therapy to 
children with disabilities from birth to under 9 years of 
age 
in the home, 
in community-based special purpose 
and 
integrated programs and in public schools; aBa 
Sec. 5. 20-A MRSA §13011, sub-§l, ~F. as repealed and replaced 
by PL 1999, c. 791, §5, is repealed and the following enacted in 
its place: 
F. 
Approve persons for whom certification or authorization 
is not required prior to being hired or being placed under 
contract by a public school; and 
Sec. 6. 20-A MRSA §13011, sub-§l, ~G is enacted to read: 
G. 
Approve persons for whom certification or authorization 
is not required prior to being hired or being placed under 
contract by a private school approved for tuition purposes 
under section 2902 that enrolls 60% or more publicly funded 
students. 
Sec. 7. 20-A MRSA §13011. sub-§8. as enacted by PL 1997, c. 
452, §7, is amended to read: 
8. 
Criminal history record checks. 
Criminal history record 
checks of an applicant for certification, authorization, approval 
or renewal must be conducted in accordance with this section, 
section 
§±G~ 6l03-A and pursuant to rules adopted by the state 
board. 
Rules 
adopted pursuant to 
this 
subsection are 
minor 
technical 
rules 
in 
accordance 
with 
Title 
5, 
chapter 
375, 
subchapter ±±-A 2-A. 
Sec. 8. 20-A MRS A §13020, sub-§3, as enacted by PL 1983, c. 
845, §4, is amended to read: 
3. 
Denial of certificate, 
authorization or approval for 
prior inunoral conduct. 
Evidence that an applicant for initial 
certification, authorization or approval or for 
a 
renewal has 
inj ured the health or welfare of a child through physical or 
sexual 
abuse 
or exploitation is grounds 
for 
a 
denial 
of 
a 
certificate, authorization or approval. 
Notwithstanding Title 5, 
chapter 
341, 
eveFY 
Q 
person, 
who, 
within 
years 
of 
the 
application for initial certification, authorization or approval 
or renewal, has been convicted in any state or federal court of a 
criminal 
offense 
involving 
the 
physical 
or 
sexual 
abuse 
or 
exploitation of a child, may be presumed by the commissioner to 
lack good moral character for the purposes of this chapter. This 
presumption ssall-Be is a rebuttable presumption. Notwithstanding 
Title 5, chapter 341, the commissioner sHall-Be is entitled to 
consider all 
records 
of prior criminal 
convictions 
involving 
child 
abuse 
or 
exploitation 
ln 
determining 
an 
applicant's 
eligibility for a certificate, authorization or approval. 
Sec. 9. 20-A MRSA §13020, sub-§3-A is enacted to read: 
3-A. 
Grounds 
for 
denial. 
revocation. 
suspension 
or 
nonrenewal. 
Grounds for denial of a certificate, authorization 
or 
approval 
related 
to 
criminal 
offenses, 
fraud 
or 
gross 
incompetence may be established by the state board in its rules 
in accordance with Title 5, chapter 341. 
Except as provided in 
this section and Title 5, chapter 341, consideration of prior 
criminal convictions as an element of fitness to be certified, 
authorized, approved or renewed is appropriate within 3 years of 
the 
applicant's 
final 
discharge 
from 
a 
correctional 
system. 
Beyond the 3 years, an applicant with a prior criminal conviction 
who applies for certification, authorization or approval with no 
addi tional convictions must be considered in the same manner as 
an applicant for certification, authorization or approval who has 
no prior criminal convictions for the purposes of certification, 
authorization, approval or renewal decisions. 
The 
following 
are 
grounds 
for 
revocation, 
suspension 
or 
nonrenewal: 
A. 
A crime punishable by a term of imprisonment of one year 
or more as long as the period of time since the applicant's 
final discharge from the sentence is within the time frame 
permitted by Title 5, chapter 341; 
B. 
A conviction that is excepted by statute to which Title 
5, chapter 341 does not apply; or 
C. 
A conviction of a crime that relates directly to the 
certification, 
authorization 
or 
approval 
sought 
by 
the 
applicant or that demonstrates conduct that may endanger a 
child as determined by the department. 
The applicant has the burden of proving that the applicant is 
sufficiently rehabilitated to warrant the public trust. 
Sec. 10. 20-A MRSA §13020, sub-§4, as enacted by PL 1983, c. 
845, §4, is amended to read: 
4. 
Reinstatement of certificate, authorization or approval. 
Revoked certificates, authorizations or approvals 
may 
aBly be 
reinstated 
only 
in 
accordance 
with 
state 
board 
rules. 
The 
following provisions govern the reinstatement of any certificate L 
authorization or approval revoked for reasons of child abuse or 
exploitation. 
A. 
Notwithstanding Title 5, chapter 341, aa ~ certificateL 
authorization or approval revoked for reasons of child abuse 
or exploitation may not be reinstated within 5 years of the 
revocation and 
in 
no 
case less 
than 
years 
from 
the 
expiration 
of 
probation 
or 
parole 
or 
discharge 
from 
imprisonment for a criminal conviction involving child abuse 
or exploitation. 
B. 
In determining whether a certificate, authorization or 
approval may be reinstated, the commissioner shall determine 
whether the applicant has been sufficiently rehabilitated to 
warrant 
the 
public 
trust. 
The 
applicant 
saall--be 
is 
required 
to 
demonstrate 
sufficient 
evidence 
of 
rehabilitation, notwithstanding Title 5, 
chapter 341, 
and 
the commissioner shall state in writing the basis for any 
decision waiea that denies reinstatement of a certificate L 
authorization or approval. 
C. 
Denial of reinstatement pursuant to paragraph B may be 
appealed to the Superior Court. 
Sec. 11. 25 MRSA §1541, sub-§8, as enacted by PL 1999, c. 791, 
§6, is repealed. 
Sec. 12. 25 MRS A §1542-A, sub-§I, ~G, as amended by PL 2001, 
c. 52, §4, is further amended to read: 
G. 
Who 
is 
a 
teacher or educational personnel applicant 
subject to Title 20-A, section elG~ 6103-A; 
Sec. 13. 25 MRSA §1542-A, sub-§3, V. as enacted by PL 1999, 
c. 110, §7, is amended to read: 
F. 
The Maine State Police shall take or cause to be taken 
the 
fingerprints 
of 
the 
person 
named 
in 
subsection 
1, 
paragraph G, 
at-~£€-~~~~-taat-p€££B£-~~~-Faymeat 
aE--~&&-~-£F€£~~~€B--Haae~ pursuant to Title 
20-A, 
section elG~ 6103-A, subsection 4. 
Sec. 14. 25 MRSA §1542-A, sub-§4, as amended by PL 2001, c. 
52, §8, is further amended to read: 
4. 
Duty to submit to State Bureau of Identification. It is 
the duty of the law enforcement agency taking the fingerprints as 
required by subsection 3, 
paragraphs A, 
Band G to transmit 
immediately to the State Bureau of Identification the criminal 
fingerprint record. Fingerprints taken pursuant to subsection 1, 
paragraph C, D, 
E or F or pursuant to subsection 5 may not be 
submitted to the State Bureau of Identification unless an express 
request is made by the commanding officer of the State Bureau of 
Identification. 
Fingerprints 
taken pursuant to subsection 1, 
paragraph G must be transmitted immediately to the State Bureau 
of Identification to enable the bureau to conduct state and 
national criminal history record checks for the Department of 
Education. 
The 
bureau may 
not 
use 
the fingerprints 
for 
any 
purpose other than that provided for under Title 20-A, section 
alga 6l03-A. 
The bureau shall retain the fingerprints, except as 
provided under Title 20-A, section alga 6l03-A, subsection --9--
11. 
Fingerprints taken pursuant to subsection 1, paragraph I 
must 
be 
transmitted 
immediately 
to 
the 
State 
Bureau 
of 
Identification to enable the bureau to conduct state and national 
criminal history record checks for the court. 
Sec. 15. Removal of applicant's fingerprints from state repository. 
Within 90 days of the effective date of this Act, the Department 
of Public Safety, State Bureau of Identification shall remove the 
fingerprints collected from those educational personnel who were 
subject to the requirements of the Maine Revised Statutes, Title 
20-A, former section 6103 but are not subject to the requirements 
of Title 20-A, section 6l03-A. 
In response to a written request, 
the 
State 
Bureau 
of 
Identification 
shall 
provide 
written 
confirmation 
to 
any 
such 
educational 
personnel 
that 
their 
fingerprints have been removed from the state repository. 
SUMMARY 
This bill restricts application 
background 
check 
requirements 
to 
personnel. 
This bill authorizes the 
of the fingerprinting and 
newly 
hired 
educational 
Maine State Police and the 
Commissioner of Education to release certain general information 
relating to the fingerprinting and criminal history record checks 
of educational personnel.