An Act To Require Background Checks for All School Employees
Maine Legislature, Session 128, LD 1286
Committee: Education and Cultural Affairs
Sponsors: MILLETT, MAREAN, BREEN, DIAMOND, DION, MAKER, FARNSWORTH
Amends: 20-A MRSA §6104

Legislative Document
No. 1286
S.P. 438
In Senate, April 4, 2017
An Act To Require Background Checks for All School Employees
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator MILLETT of Cumberland.
Cosponsored by Representative MAREAN of Hollis and
Senators: BREEN of Cumberland, DIAMOND of Cumberland, DION of Cumberland, 
MAKER of Washington, Representative: FARNSWORTH of Portland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6104 is enacted to read: 
§6104.  Employee criminal background checks 
Prior to hiring or placing an individual not subject to a background check under 
section 6103 who will be employed by a school administrative unit or school within the 
school administrative unit, the school administrative unit shall obtain a comprehensive 
background check on the individual in accordance with applicable federal and state laws.  
The comprehensive background check must include, at a minimum, criminal history 
record information from the Department of Public Safety, State Bureau of Identification 
and other state and national criminal history record information from the Federal Bureau 
of Investigation.  Information obtained pursuant to this section is confidential and may be 
used only for the purpose of screening the suitability of an individual for employment by 
the school administrative unit.  The Department of Public Safety, State Bureau of 
Identification shall send the results of a background check requested under this section to 
the school administrative unit within 7 days of the completion of the background check. 
Sec. 2.  School administrative units to conduct audit.  By January 1, 2018, 
every school administrative unit shall conduct an audit to determine whether the school 
administrative unit possesses a criminal history background check that complies with the 
requirements of the Maine Revised Statutes, Title 20-A, section 6104 for every employee 
of the school administrative unit, including every employee of a school within the school 
administrative unit.  For an employee subject to Title 20-A, section 6103, a school 
administrative unit may satisfy the audit requirement of this section by receiving 
confirmation from the Commissioner of Education that the employee has complied with 
the provisions of section 6103.  If the audit determines that the school administrative unit 
does not have a criminal history background check on an existing employee, the school 
administrative unit shall obtain a criminal history background check for that employee 
pursuant to the requirements of Title 20-A, section 6104. 
SUMMARY 
This bill requires every school administrative unit to obtain a criminal history 
background check of an individual before hiring or placing that individual within the 
school administrative unit except for educational personnel currently required to undergo 
a criminal history background check.  This bill also requires every school administrative 
unit to conduct an audit to determine if the school administrative unit possesses a criminal 
history background check for all current employees of the school administrative unit and 
to obtain criminal history background checks for those employees for whom the school 
administrative unit does not have a criminal history background check.