Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 115 - THE CREDENTIALING OF EDUCATION PERSONNEL › Part I - Standards and Procedures For Credentialing › Section 071-115-I-8 - Records and Reports

Current through 2024-29, July 17, 2024
1.
Annual
				  Reports by School Officials
: The superintendent of a SAU, the headmaster
				  of an approved private school, or the Child Development Services director shall
				  annually file such information regarding the employment of school personnel as
				  the Commissioner may require consistent with Maine Department of Education
				  Regulation 125. Failure to timely file required reports shall be grounds,
				  following notice and an opportunity for a hearing, for the withholding of State
				  subsidy from the SAU and for other certification action against the
				  superintendent.
2.
Reports of
				  Dismissals
: Superintendents shall file with the Department, within ten
				  (10) days of issuance, the certificate of dismissal issued by the school board
				  for any credentialed personnel.
3.
Access to Credentialing Records
A.
Public Access to Records
: Any
				  individual, upon written or oral request, shall be informed of the
				  certification status of any individual subject to credentialing requirements.
				  The credentialing status of an individual is deemed to be a public
				  record.
B.
Confidential
				  Records
(1) Transcripts,
				  recommendations, and other documents submitted in support of an application for
				  a credential and maintained in the Department are confidential and shall not be
				  released without the consent of the individual, subject to the following:
(A) The Department may release to school
				  boards and superintendents who employ or are considering employment of the
				  individual any documents except those received by the Department in accordance
				  with the individual's CHRC, as specified in Section 5.2 of this rule.
(B) Authorized personnel of the Department,
				  including any hearing officer and legal counsel acting for the Department, may
				  have access to all documents in fulfilling their assigned duties.
(C) Individuals may examine their own
				  records.
(D) Representatives of the
				  individual may examine records upon presentation of written authorization by
				  the individual.
(2) Home
				  addresses of holders shall be made available only in response to the following:
(A) Formal request from a commissioner or
				  chief executive officer of other State agencies, including the judicial branch,
				  when access to that information is necessary in carrying out an official
				  function; or
(B) Formal request by
				  majority vote of any joint standing committee of the Legislature when access to
				  that information is necessary in carrying out an official function.
C.
Access to
				  Records Relating to Misconduct
(1)
				  Complaints, charges, or accusations made against holders, investigative reports
				  pertaining to those complaints, charges, or accusations, replies to those
				  complaints, charges, or accusations, and any other information that may result
				  in action to deny, to not renew, to revoke, or to suspend a credential shall be
				  confidential except such documents in the possession of the Department that are
				  already public records as a matter of law.
(2) Certificates of dismissal, records of
				  other disciplinary actions taken by school boards, transcripts of public
				  hearings held by school boards, and court records and transcripts not under
				  seal are public records when in the possession of the Department.
(3) Any charges or information filed by the
				  Commissioner with the District Court in support of a petition to not renew, to
				  revoke, or to suspend a credential and any decision of the Court shall be
				  public records.
(4) Any action
				  taken by the Commissioner to deny, revoke or suspend a credential pursuant to
				  5 M.R.S.A.
				  §10004 shall be a public
				  record.
(5) Although records of
				  criminal convictions may be public records, any information obtained by the
				  Department through fingerprint-based CHRC is confidential. The procedures that
				  must be followed by an applicant to gain access to his/her criminal history
				  record information are specified in Maine statute.
(6) Non-identifiable aggregate data relating
				  to the CHRC Program shall be released only after consultation with the Attorney
				  General of the State of Maine.