An Act Regarding the Criminal History Record Check of School Employees
Maine Legislature, Session 121, LD 1198
Committee: Education and Cultural Affairs
Sponsors: MAYO, DAVIS, DOUGLASS, EDMONDS, COWGER, CUMMINGS, DA VIS, TRAHAN
Amends: 20-A MRSA §13011, 20-A MRSA §13020, 25 MRSA §1542-A

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1198 
S.P.404 
In Senate, March 6, 2003 
An Act Regarding the Criminal History Record Check of School 
Employees 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator MAYO of Sagadahoc. 
Cosponsored by Representati ve MURPHY of Kennebunk and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: DAVIS of Piscataquis, DOUGLASS of Androscoggin, EDMONDS of Cumberland, 
Representatives: COWGER of Hallowell, CUMMINGS of Portland, DA VIS of Falmouth, 
HUTfON of Bowdoinham, 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, under 
this 
legislation, 
fingerprinting are required only for 
personnel; and 
background 
newly hired 
checks 
and 
educational 
Whereas, it is imperative that this change be effectuated 
prior to the beginning of the new school year; and 
L2 
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 
IG 
safety; now, therefore, 
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Be it enacted by the People of the State of Maine as follows: 
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Sec. 1. 20·A MRSA §6101, sub·§2, ~B, as amended by PL 1995, c. 
, ) 
)6 
;4 
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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 
used in the examination or evaluation 
for employment; 
(2) 
Medical 
information 
information pertaining to 
of 
any 
diagnosis 
mental or emotional disorders; 
and examinations 
of all applicants 
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 1, the personal 
history, general character or conduct of the employee 
or any member of the employee's immediate family; 
(6) 
Complaints, 
charges 
complaints and charges of 
other materials pertaining 
of 
misconduct, 
replies 
to 
misconduct and memoranda and 
to disciplinary action; 
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(7) 
Social security number; 
(8) 
The 
teacher 
action 
plan 
and 
documents 
and 
reports 
maintained 
for 
purposes; and 
support 
system 
certification 
(9) 
Cr iminal 
history 
record 
information 
obtained 
pursuant to section alG~ 6103-A. 
Sec. 2. 20·A MRSA §6103, as amended by PL 1999, c. 791, §§1 
to 4, is repealed. 
Sec. 3. 20·A MRS A §6103·A is enacted to read: 
§6l03 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 
1n 
this 
section, 
unless 
the 
context 
othenTise 
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 who applies for a 
positio~ that requires 
certification, authorization or approval under chapter 
or 502; 
(3) 
A person who applies for a position that requires 
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 
qualifications 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 
1S 
an 
applicant. 
For purposes of this section, "applicant" does not include a 
person who 
holds 
a 
valid certification, authorization or 
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approval under chapter 501 or 502 and who was employed by a 
school 
prior 
to 
August 
15,2003, 
unless 
that 
person 
subsequently 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, Bureau of State Police. 
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 
requ~r~ng certification and 
,~4 
authorization. 
Beginning 
August 
15, 
2003, 
applicants 
for 
positions requiring certification and authorization under chapter 
~6 
or 
are 
subject to 
the provisions 
of this section. 
Fingerprinting 
of 
immediately 
affected 
applicants 
for 
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certification and authorization, conducting the needed state and 
federal criminal history record checks by the bureau pursuant to 
; (1 
SUbsection 4, 
paragraph A and forwarding the results 
by the 
bureau to the department must begin on August 15, 2003. 
3. 
Applicants for positions requiring approval. 
Beginning 
\4 
August 
15, 
2003, 
applicants 
for 
positions 
reguiring 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, 
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conducting the needed state and federal criminal history record 
checks by the bureau pursuant to subsection 4, paragraph A and 
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forwarding the results by the bureau to the department must begin 
on August 15, 2003. 
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4. 
Criminal history record information. 
Criminal 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 
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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, 
author ization 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 
shall 
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, 
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 S, chapter 
h 
341. 
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7. 
Confidentiality. 
Except as provided ln subsection 13 , 
any criminal history record information obtained under subsection 
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is confidential. 
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8. 
Expenses 
of 
criminal 
history 
record 
check. 
The 
department or the superintendent that reguests a criminal history 
1.4 
record check shall pay the expenses of the criminal history 
record 
check. 
Except 
for 
any 
portion of 
the 
payment 
that 
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consti tutes the processing fee charged by the Federal Bureau of 
Investigation, all money received by the Maine State Police for 
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purposes of this section must be paid to the Treasurer of State. 
The 
money must be applied to 
the expenses of administration 
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incurred by the Department of Public Safety. 
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9. 
Fingerprinting. 
An 
applicant shall submit to having 
fingerprints taken. 
The Maine State Police, upon payment by the 
~4 
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 
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check by following the procedures outlined in 28 Code of Federal 
Regulations, Sections 16.32 and 16.33. 
The subject of a state 
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cr iminal record check may inspect and review criminal record 
information pursuant to Title 16, section 620. 
11. 
Applicant's right to have fingerprints removed from 
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state repository upon retirement or career change. 
Teachers or 
educational 
personnel 
whose 
certification, 
authorization 
or 
'10 
approval has expired may 
reguest in writing that the bureau 
remove their fingerprints from the bureau's fingerprint file. 
In 
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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. 
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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 
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school 
and who 
are subject to the 
requirements of this 
section must meet these requirements by July 1, 2004. 
B. 
Persons subject to the requirements of this section who 
begin work in a 
school after August 15, 
2003 shall meet 
these requirements 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 
history 
record 
checks , 
in 
applying 
the 
statutory 
standards 
for 
potential 
disqualification 
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 
,; 
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(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, 1[E, as amended by PL 1997, 
t,; 
c. 452, §5, is further amended to read: 
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E. 
Certify 
or 
authorize 
personnel 
who 
provide 
early 
childhood educational programs or developmental therapy to 
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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; aas 
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Sec. 5. 20-A MRSA §13011. sub-§l, 1[F. as repealed and replaced 
by PL 1999, c. 791, §5, is repealed and the following enacted in 
~~ 
its place: 
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F. 
Approve persons for whom certification or authorization 
is not required prior to being hired or being placed under 
: II 
contract by a public school; and 
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Sec. 6. 20-A MRSA §13011, sub-§l.1[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. 
HI 
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 
~4 
checks of an applicant for certification, authorization, approval 
or renewal must be conducted in accordance with this section, 
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section &196 6103-A and pursuant to rules adopted by the state 
board. 
Rules 
adopted pursuant to this subsection are 
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routine technical rules in accordance with Title 5, chapter 375, 
subchapter ±±-A 2-A. 
Sec. 8. 20-A MRSA §13020, sub-§3, as enacted by PL 1983, c. 
845, §4, is amended to read: 
3. 
Denial of certificate, authorization or approval for 
prior immoral conduct. Evidence that an applicant for initial 
certification, authorization or approval or for 
a 
renewal has 
injured 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, 
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chapter 
341, 
eveFY 
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person, 
who, 
within 
years 
of 
the 
application for initial certification, authorization or approval 
I . 
or renewal, has been convicted in any state or federal court of a 
criminal 
offense 
involving 
the 
physical 
or 
sexual 
abuse 
or 
1,1 
exploi tation of a child, may be presumed by the commissioner to 
lack good moral character for the purposes of this chapter. This 
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presumption sHall-Be is a rebuttable presumption. Notwithstanding 
Ti tle 5, chapter 341, the commissioner sHall-Be is entitled to 
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consider all 
records 
of prior criminal 
convictions 
involving 
child 
abuse 
or 
exploitation 
in 
determining 
an 
applicant's 
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eligibility for a certificate, authorization or approval. 
Sec. 9. 20-A MRSA §13020. sub-§3-A is enacted to read: 
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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 
: j 
who applies for certification, authorization or approval with no 
addi tional convictions must be considered in the same manner as 
:1, 
an applicant for certification, authorization or approval who has 
no prior criminal convictions for the purposes of certification, 
authorization, approval or renewal decisions. 
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II, 
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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. 
h 
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. 
LI) 
845, §4, is amended to read: 
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4. 
Reinstatement of certificate, authorization or approval. 
Revoked certificates, authorizations or approvals 
may aaly be 
I·-t 
reinstated 
only 
in 
accordance 
with 
state 
board 
rules. 
The 
following provisions govern the reinstatement of any certificate L 
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author ization or approval revoked for reasons of child abuse or 
exploitation. 
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A. 
Notwithstanding Title 5, chapter 341, aa Q certificate L 
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--ae 
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 wa:i:ea that denies reinstatement of a certificateL 
authorization or approval. 
c. 
Denial of reinstatement pursuant to paragraph B may be 
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appealed to the Superior Court. 
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Sec.H. 25 MRS A §1541, sub-§8. as enacted by PL 1999, c. 791, 
§6, is repealed. 
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Sec. 12. 25 MRSA §1542-A. sub-§L ~G, as amended by PL 2001, 
·tc1 
c. 52, §4, is further amended to read: 
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G. 
Who 
is 
a 
teacher or educational personnel applicant 
subject to Title 20-A, section §19~ 6l03-A; 
Sec. 13. 25 MRSA §1542-A, sub-§3, ~F, as enacted by PL 1999, 
';(1 
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-~h€-~~-~~-taat-~€~£~£-~~~-Fayment 
ef--~b&-~-£p€€~~~€B--~nee~ pursuant to Title 20-A, 
section 9193 6l03-A, subsection 4. 
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Sec. 14. 25 MRSA §1542-A~ sub-§4~ as amended by PL 200L c. 
III 
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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 
9193 6l03-A. 
The bureau shall retain the fingerprints, except as 
provided under Title 20-A, section 9193 6l03-A, subsection --9--
11. 
Fingerprints taken pursuant to subsection L 
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, 
Bureau 
of 
State 
Police, 
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. 
Sec. 16. Reinstatement of certification. 
Upon application by the 
person. 
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 I s refusal to comply 
with the requirements of Title 20-A, former section 6103 due to a 
sincerely held philosophical belief against the fingerprinting 
and criminal history record check requirement. 
Emergency clause. 
In view of the emergency cited l.n the 
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preamble, this Act takes effect when approved. 
SUMMARY 
This bill provides that, beginning with the 2003-2004 school 
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year, only newly hired school employees will be subject to the 
fingerprinting and criminal history record check requirements. 
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The bill also provides that former school employees who left a 
school administrative unit in the State due to a sincerely held 
I." 
philosophical 
belief 
against 
the 
fingerprinting 
and 
criminal 
history record check requirement, and who subsequently return to 
1); 
school employment, will be exempted from the criminal history 
record check requirement for newly hired school employees. 
The 
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bill also authorizes the 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. 
Page ll-LR0184(1)