An Act Regarding Department of Education Reliance on Criminal Background Checks Required by the Department of Health and Human Services
Maine Legislature, Session 131, LD 2107
Committee: Education and Cultural Affairs
Sponsors: STEWART, COLLAMORE, LIBBY, RAFFERTY
Amends: 19-A MRSA §2111, 20-A MRSA §6103, 22 MRSA §2425-A, 22 MRSA §5307, 22 MRSA §8110, 22 MRSA §8302-C

Legislative Document
No. 2107
S.P. 900
In Senate, January 3, 2024
An Act Regarding Department of Education Reliance on Criminal 
Background Checks Required by the Department of Health and 
Human Services
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator STEWART of Aroostook.
Cosponsored by Representative COLLAMORE of Pittsfield and
Senators: LIBBY of Cumberland, RAFFERTY of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §2111, sub-§5, as enacted by PL 2019, c. 402, §1, is amended 
to read:
5.  Confidentiality.  Information obtained pursuant to this section is confidential and 
may not be disseminated for purposes other than as provided in subsections 6 and 7 and 
Title 20-A, section 6103, subsection 12.
Sec. 2.  20-A MRSA §6103, sub-§12 is enacted to read:
12.  Reliance on criminal history background check information provided to 
Department of Health and Human Services.  Notwithstanding any provision of this 
section to the contrary, the commissioner shall rely on information provided by the Maine 
Criminal Justice Information System and the Federal Bureau of Investigation to the 
Department of Health and Human Services for state and national criminal history 
background checks conducted on a person required to have a criminal history background 
check pursuant to Title 19-A, section 2111; Title 22, section 2425-A, subsection 3-A; Title 
22, section 5307, subsection 2; Title 22, section 8110; Title 22, section 8302-A; or Title 
22, section 8302-B as long as the person has been continuously employed in a position 
requiring a criminal history background check pursuant to one of those provisions of law 
and the information was provided by the Maine Criminal Justice Information System or the 
Federal Bureau of Investigation within 24 months prior to the issuance of a credential or 
renewal under chapter 501 or 502.  The Department of Health and Human Services shall 
provide to the commissioner the information received pursuant to the background check 
conducted pursuant to Title 19-A or 22.
Sec. 3.  22 MRSA §2425-A, sub-§3-A, ¶F, as amended by PL 2019, c. 331, §19, 
is further amended to read:
F.  Information obtained pursuant to this subsection is confidential.  The results of 
criminal history record checks received by the department are for official use only and, 
except as provided in Title 20-A, section 6103, subsection 12, may not be disseminated 
to any other person.
Sec. 4.  22 MRSA §5307, sub-§2, ¶F, as enacted by PL 2021, c. 400, §1, is 
amended to read:
F.  Information obtained pursuant to this subsection is confidential.  The results of 
background checks received by the department are for official use only and, except as 
provided in Title 20-A, section 6103, subsection 12, may not be disseminated to any 
other person or entity.  
Sec. 5.  22 MRSA §8110, sub-§5, as enacted by PL 2019, c. 399, §1, is amended to 
read:
5.  Confidentiality.  Information obtained pursuant to this section is confidential and 
may not be disseminated for purposes other than as provided in subsections 6 and 7 and 
Title 20-A, section 6103, subsection 12.
Sec. 6.  22 MRSA §8302-C, sub-§1, ¶F, as enacted by PL 2017, c. 457, §9, is 
amended to read:
F.  Information obtained pursuant to this subsection is confidential.  The results of 
criminal background checks received by the department are for official use only and, 
except as provided in Title 20-A, section 6103, subsection 12, may not be disseminated 
to any other person or entity.
SUMMARY
This bill requires that, when a criminal history background check of a person is required 
for the issuance or renewal of a teaching or educational personnel credential and that person 
was subject to a criminal history background check by the Department of Health and 
Human Services, the Commissioner of Education must rely on the criminal history 
background check information provided to the Department of Health and Human Services 
by the Maine Criminal Justice Information System and the Federal Bureau of Investigation.