An Act to Implement Background Checks for School Board Members
Maine Legislature, Session 131, LD 1697
Committee: Education and Cultural Affairs
Sponsors: ANDREWS
Amends: 20-A MRSA §1003, 20-A MRSA §1003-A, 25 MRSA §1542-A

Legislative Document
No. 1697
H.P. 1086
House of Representatives, April 18, 2023
An Act to Implement Background Checks for School Board 
Members
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative ANDREWS of Paris.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1003, as enacted by PL 1981, c. 693, §§5 and 8, is amended 
to read:
§1003.  Commencement of term of office
The term of newly elected school board members shall start starts upon completion of 
a criminal history record check in accordance with section 1003-A and:
1.  After election.  Immediately upon being elected and sworn in; or
2.  Fixed date.  On a fixed date established by the voters on an appropriate article at a 
properly called town meeting, the date shall be being between the municipal election and 
July 1st.
Sec. 2.  20-A MRSA §1003-A is enacted to read:
§1003-A.  Background check required
1. Criminal history record check defined.  "Criminal history record check" means a 
fingerprint-based criminal history record check.
2. Background check requirement.  A newly elected school board member and a 
school board member upon reelection is required to submit to a criminal history record 
check in accordance with this section prior to commencing office under section 1003.  The 
department shall request a criminal history record check for each person who submits to a 
criminal history record check under this section.  The criminal history record check must 
include criminal history record information obtained from the Maine Criminal Justice 
Information System established in Title 16, section 631 and the Federal Bureau of 
Investigation.
A.  The criminal history record information obtained from the Maine Criminal Justice 
Information System must include a record of public criminal history record information 
as defined in Title 16, section 703, subsection 8.
B.  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record information.
C.  An applicant shall submit to having fingerprints taken.  The State Police, upon 
payment of a fee established by the department by rule by the applicant, shall take or 
cause to be taken the applicant's fingerprints and shall immediately transmit the 
fingerprints to the State Bureau of Identification so that the bureau can conduct state 
and national criminal history record checks.  Except for the portion of the payment, if 
any, that constitutes the processing fee charged by the Federal Bureau of Investigation, 
all money received by the State Police for purposes of this paragraph must be paid over 
to the Treasurer of State.  The money must be applied to the expenses of administration 
incurred by the Department of Public Safety.  Any person who fails to transmit criminal 
fingerprint records to the State Bureau of Identification pursuant to this paragraph is 
subject to the provisions of Title 25, section 1550.
D.  The subject of a Federal Bureau of Investigation criminal history record check may 
obtain a copy of the 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 history record check may inspect and review the criminal history record 
information pursuant to Title 16, section 709.
E.  State and federal criminal history record information may be used by the department 
for the purpose of screening each applicant.  An action against an applicant under this 
subsection is subject to the provisions of Title 5, chapter 341.
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 
may not be disseminated to any other person or entity.
G.  An applicant whose term has expired and who is not running for reelection may 
request in writing that the State Bureau of Identification remove the applicant's 
fingerprints from the bureau's fingerprint file.  In response to a written request, the 
bureau shall remove the applicant's fingerprints from the fingerprint file and provide 
written confirmation of that removal.
3.  Rules.  The department, following consultation with the State Bureau of 
Identification, shall adopt rules to implement this section.  Rules adopted pursuant to this 
section relating to screening requirements must be identical to the screening requirements 
for sports coaches and substitute teachers.  Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. 3.  25 MRSA §1542-A, sub-§1, ¶AA is enacted to read:
AA.  Who is required to have a criminal history record check under Title 20-A, section 
1003-A.
Sec. 4.  25 MRSA §1542-A, sub-§3, ¶Z is enacted to read:
Z.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph AA at the request of that person and upon payment of the 
fee as required under Title 20-A, section 1003-A, subsection 2, paragraph C.
SUMMARY
This bill requires newly elected school board members and school board members upon 
reelection to submit to a fingerprint-based background check with screening requirements 
identical to those required for coaches and substitute teachers.