An Act To Require Background Checks for All School Employees
Maine Legislature, Session 128, LD 1286
Committee Amendment CA_A_S221 (Senate)
Amends: 20-A MRSA §13026

COMMITTEE AMENDMENT "A» to S.P. 438, L.D. 1286, Bill, "An Act To 
Require Background Checks for All School Employees" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Facilitate Compliance by School Employees with Criminal History 
Record Check and Fingerprinting Requirements' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §13026 is enacted to read: 
§13026. 
Compliance with criminal history record check and fingerprinting 
requirements 
1. List of school administrative unit emolovees. Beginning January I, 2018, and 
quarterly thereafter, a school administrative unit shall submit to the department a list of 
the names of all employees subject to certification, approval or authorization and indicate 
for each person included on the list the date on which the person most recently 
commenced employment with the school administrative unit. 
2. 
Notification of noncompliance. 
Upon receipt of a list from a school 
administrative unit pursuant to subsection 1, the department shall determine for each 
person included on the list whether the person has complied with all applicable criminal 
7 
history record check and fingerprinting requirements of section 6103 and rules adopted 
by the state board. If the department determines that the person has failed to comply with 
any such applicable requirement, the department shall immediately notify the school 
administrative unit of the person's failure to comply. 
Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF 
Learning Systems Team Z081 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 438, L.D. 1286 
Initiative: Provides ongoing funds for 90% of the cost to local school administrative units 
to submit the names of all employees subject to certification, approval or authorization 
along with the date that each employee began working for the school administrative unit. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2017-18 
$13,244 
$13,244 
2018-19 
$13,508 
$13,508 
This amendment changes the title, replaces the bill and requires, beginning January 1, 
2018, a school administrative unit to submit quarterly to the Department of Education a 
list of the names of all employees and the date on which each person most recently 
commenced employment. 
Upon receipt of the list, the department is required to 
determine for each person included on the list whether the person has complied with all 
applicable criminal history record check and fingerprinting requirements. If any person 
has failed to comply with any applicable requirement, the department is required to 
immediately notify the school administrative unit of that person's failure to comply. 
This amendment also provides ongoing funds for 90% of the cost to school 
administrative units to comply with the bill as amended by this amendment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/02/17 feac. 
LD 1286 
LR 1065(02) 
An Act To Require Background Checks for All School Employees 
(s- E)J.~ 
Fiscal Note for Bill as Amended by Committee Amendment '~' 
J 
Committee: Education and Cultural Affairs 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
State Mandates 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Funded 
FY 2017-18 
FY 2018-19 
$13,244 
$13,508 
$13,244 
$13,508 
Projections 
FY 2019-20 
$13,779 
$13,779 
Projections 
FY 2020-21 
$14,054 
$14,054 
Required Activity 
Unit Affected 
Local Cost 
Requires local school administrative units to submit the names of all employees 
School 
Moderate 
subject to certification, approval or authorization and indicate the date on which the 
statewide 
person most recently conunenced employment with the school administrative unit. 
The required local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill 
does require a local unit of government to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) General Fund 
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a 
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate from 
the funding requirement. If the bill does represent a state mandate and neither one of these actions occurs, the local 
units of government will not be required to implement the mandated activities. 
Fiscal Detail and Notes 
This bill includes ongoing General Fund appropriations of $13,244 in fiscal year 2017-18 and $13,508 in fiscal year 
2018-19 to the Leaming Systems program within the Department of Education to fund 90% of the cost to local school 
administrative units to submit the names of all employees subject to certification, approval or authorization along with 
the date that each employee began working for the SAU. These estimates assume that the central office within each 
SAU will be responsible for compiling the data and submitting the report and that the data is up-to-date. 
LR1065(02) - Fiscal Note - Page I of2 
Additional costs to the Department of Education to detennine if the employees whose names were submitted by the 
local school administrative unit have complied with all applicable criminal history record check and fingerprinting 
requirements and to notify the school administrative units if the employee failed to comply can be absorbed within 
existing budgeted resources. 
LR1065(02) - Fiscal Note - Page 2 of2