An Act To Restrict l'inqerprintinq of Educational Personnel to New Applicants for Certification, Authorization or Approval Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. I. 20-A MRSA §6101, sub-§2,~, 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; Page l-LR0418(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 0890
Committee Amendment CA_A_H520 (House)
Amends: 20-A MRSA §6101, 20-A MRSA §6103, 20-A MRSA §6103-A, 20-A MRSA §13011, 20-A MRSA §13020, 25 MRSA §1542-A

COMMITTEE AMENDMENT "(I,, to H.P. 667, L.D. 890, Bill, 
Act To Restrict Fingerprinting of Educational Personnel to 
Hires" 
"An 
New 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Restrict l'inqerprintinq of Educational Personnel to 
New Applicants for Certification, Authorization or Approval' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. I. 20-A MRSA §6101, sub-§2,~, 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; 
Page l-LR0418(2) 
COMMITTEE AMENDMENT 
~f.~. 
COMMITTEE AMENDMENT ,~" to B.P. 667, L.D. 890 
(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 
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 
support 
system 
and 
reports 
maintained 
for 
certification 
purposes; and 
(9) 
Criminal 
history 
record 
information 
obtained 
pursuant to section 91Q~ 6103-A. 
Sec. 2. 20-A MRSA §6103, as amended by PL 2003, c. 184, §l, 
is repealed. 
Sec.3. 20-A MRSA §6103-A is enacted to read: 
§6l03-A. 
Criminal histo~ record information 
1. 
Definitions. 
As 
used 
in this 
section. 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Applicant" means: 
(I) 
A 
person 
who 
applies 
for 
certification. 
authorization or approval under chapter 501 or 502; or 
(2) 
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 
~ 
For purposes of this section. "applicant" does not include a 
person 
who 
applies 
for 
a 
renewal 
of 
a 
certification. 
authorization or approval under chapter 501 or 502. 
B. 
"Bureau" means the Department of Public Safety. State 
Bureau of Identification. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. h 
.. to H.P. 667, L.D. 890 
2. 
Implementation. 
Beginning August 15, 2003, applicants 
are subject to the provisions of this section. 
Fingerprinting of 
immediately affected applicants, conducting of the needed state 
and federal criminal history record checks by the bureau pursuant 
to subsection 4 and forwarding of the results by the bureau to 
the department must begin on August 15. 2003. 
3. 
Compliance. 
A 
person 
who 
has 
complied 
with 
the 
requirements of this section is not required to submit to a 
subsequent criminal history record check or to fingerprinting. 
4. 
Criminal history record information. 
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. 
5. 
Use of criminal history record. 
State and federal 
criminal 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. 
6. 
ISSUance 
restriction. 
Issuance 
of 
a 
certificate, 
authorization or ~proval to a 
person whose criminal history 
record information includes a criminal conviction is subject to 
the provisions of section 13020 and Title 5, chapter 341. 
7. 
Confidentiality. 
Any information obtained pursuant to 
this section is confidential. 
The results of criminal history 
record checks received by the commissioner are for official use 
only and may not be disseminated outside the department. 
8. 
E~nse of 
obtaining 
information. 
The 
expense 
of 
obtaining the information required by this section must be paid 
by the State. 
9. 
Fingerprinting. 
An 
~plicant shall submit to having 
fingerprints taken. 
The Maine State Police, upon payment of the 
COMMITTEE AMENDMENT 
~~~. 
COMMITTEE AMENDMENT .. A 
.. to H.P. 667, L.D. 890 
expenses as required in subsection 8. 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 histo:r::y 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 finger.prints removed from 
state reposito:r::y llPOn retirement or career change. 
Teachers or 
educational 
personnel 
whose 
certification. 
authorization 
or 
approval has expired may request in writing that the bureau 
remove or delete their fingerprints from the bureau's fingerprint 
file. In response to a written request. the bureau shall remove 
or delete the requester's fingerprints from the fingerprint file 
and provide written confirmation of that removal or deletion to 
the requester. 
12. 
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 subsection 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, 
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; ase 
Sec. s. 20-A MRSA §13011, sub-§l, 1JF, 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 their being hired or being placed 
under contract by a public school: and 
Sec.6. 20-A MRSA §13011, sub-§l, 1fG is enacted to read: 
G. 
Approve persons for whom certification or authorization 
is not required prior to their being hired or being placed 
COMMITTEE AMENDMENT 
~~. 
~. . 
. 
COMMITTEE AMENDMENT '11" to H.P. 667, L.D. 890 
under contract by a private school approved for attendance 
purposes 
under 
section 
2902 
that enrolls 
60% 
or 
more 
publicly funded students. 
Sec. 7. 20-A MRS A §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 
919~ 6l03-A and pursuant to rules adopted by the state 
board. 
Rules 
adopted pursuant to this subsection are 
ffi~Bet 
routine technical rules in accordance with Title 5, chapter 375, 
subchapter ~~-A 2-A. 
Sec. 8. 20-A MRSA §13020, sub-§§3 and 4, as enacted by PL 1983, 
c. 845, §4, are amended to read: 
3. 
Denial 
of 
certificate 
for 
prior 
immoral 
conduct. 
Evidence 
that 
an 
applicant 
for 
initial 
certificationL 
authorization or approval or .fQx. renewal has injured the health 
or welfare of 
a 
child through physical or 
sexual 
abuse 
or 
exploitation 
is 
grounds 
for 
a 
denial 
of 
a 
certificateL 
authorization or approval. Notwithstanding Title 5, chapter 341, 
evety 
~ person, 
who, 
within 5 years of the application for 
initial certification, authorization or approval or .fQx. 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 
saa.,l.,l--:ge is a rebuttable presumption. Notwithstanding Title 5, 
chapter 341, the commissioner saa],.],.-Be II entitled to consider 
all records of prior criminal convictions involving child abuse 
or exploitation in determining an applicant's eligibility for a 
certificate, authorization or approval. 
4. 
Reinstatement of certificate, authorization or approval. 
Revoked certificates, authorizations or approvals may eB±y be 
reinstated 
Qllly 
in 
accordance 
with 
state 
board 
rules. 
The 
following provisions govern the reinstatement of any certificateL 
authorization or approval revoked for reasons of child abuse or 
exploitation. 
A. 
Notwithstanding Title 5, chapter 341, Be g certificateL 
authorization or approval revoked for reasons of child abuse 
or exploitation may nQt 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. 
COMMITTEE AMENDMENT 
~. 
f.~. 
COMMITTEE AMENDMENT ·h .. to H.P. 667, L.D. 890 
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 saa~*-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, 
authorization or 
approval. 
C. 
Denial of reinstatement pursuant to paragraph B may be 
appealed to the Superior Court. 
Sec. 9. 25 MRS A §1541, sub-§8, as enacted by PL 1999, c. 791, 
§6, is repealed. 
Sec. 10. 25 MRSA §1542-A, sub-§I, 1fG, 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 e~96 6103-A; 
Sec. 11. 25 MRSA §1542-A, sub-§3, 1(F, 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 GT-a~-~~~~-&~-~ha~-~~~~&-paymea~ 
ef--~-~--spe€-i..f-i~-\iaEl.e!' pursuant to Title 20-A, 
section e~96 6103-A, subsection 4. 
Sec. 12. 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 Title20-A, section 
e196 6103-A. 
The bureau shall retain the fingerprints, except as 
COMMITTEE AMENDMENT 
~.~,~. 
~. 
COMMITTEE AMENDMENT ,,(1:, to H.P. 667, L.D. 890 
provided under Title 20-A, section 
9;1,G~r-~-i-()n--9 6103-A, 
subsection 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. 13. Removal or deletion of 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 or 
delete 
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 6103-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 or deleted 
from the state repository.' 
SUMMARY 
This amendment is the majority report of the Joint Standing 
Committee 
on 
Education 
and Cultural Affairs. 
The 
amendment 
changes 
the title and 
strikes 
and 
replaces 
the bill. 
The 
amendment accomplishes the following. 
1. 
It clarifies that, beginning on August 15, 
2003 the 
fingerprinting and criminal history record check requirements for 
educational personnel must be limited to applicants for initial 
certification, authorization and approval from the Department of 
Education under the Maine Revised Statutes, Title 20-A, Chapters 
and 502. 
2. 
It includes in the definition of "applicant" 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 Title 
20-A, chapter 511. 
3. 
It excludes from the definition of "applicant" a person 
who is an applicant for renewal of certification, authorization 
and approval from the Department of Education under Title 20-A, 
chapters 501 and 502. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~. to H.P. 667, L.D. 890 
4. 
It removes the provision from the bill that would have 
authorized 
the 
Maine 
State 
Police 
and 
the 
Commissioner 
of 
Education to release statistics and certain general information 
relating to the fingerprinting and criminal history record check 
of educational personnel. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/20103 frac::.. 
Office of Fiscal and Program Review 
LD890 
An Act to Restrict Fingerprinting of Educational Personnel to New 
Applicants for Certification, Authorization or Approval 
LR 0418(02) 
Fiscal Note for Bill as Amended by Committee Amendment " " 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Minor cost increase - General Fund 
Any additional cost to the Department of Education associated with rulemaking can be absorbed utilizing existing 
budgeted resources. 
LR0418(2) - Fiscal Note - Page 1 of 1