CHAPTER 452
S.P. 174 - L.D. 503
An Act to Provide for State and Federal Criminal Record Checks on Educational Personnel in the State
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §6101, sub-§1, ¶¶E and F, as amended by PL 1995, c. 547, §2, are further amended to read:
E. Major and minor fields of study recognized by the post-secondary institutions attended; and
F. Degrees received and dates awarded; and.
Sec. 2. 20-A MRSA §6101, sub-§1, ¶G, as enacted by PL 1995, c. 547, §3, is repealed.
Sec. 3. 20-A MRSA §6103, as enacted by PL 1995, c. 547, §5, is amended to read:
§6103. Criminal history record information conviction data
Beginning January July 1, 1999, certification, authorization, approval and renewal under chapters 501 and 502 are subject to the provisions of this section.
1. Conviction data obtained; reliance. The commissioner shall obtain criminal history record information containing a record of conviction data from the Maine Criminal Justice Information System for any person applying for certification, authorization, approval or renewal. The commissioner may rely on information provided by the Maine Criminal Justice Information System within 24 months prior to the issuance of a certificate, authorization, approval or renewal.
2. Issuance restriction. Issuance of a certificate, authorization, approval or renewal to any person whose criminal history record information includes a criminal conviction is subject to the provisions of Title 5, chapter 341 and section 13020.
3. Confidentiality. Any information obtained pursuant to this section is confidential. The results of criminal history record checks received by the commissioner are for official use only and may not be disseminated outside the department.
4. Expenses. Notwithstanding Title 26, sections 594 and 629, the expense of obtaining the information required by this section must be paid by the applicant.
5. Criminal record information obtained from the Federal Bureau of Investigation. The commissioner shall obtain other state and national criminal history record information from the Federal Bureau of Investigation for any person applying for certification, authorization, approval or renewal. The commissioner may rely on information provided by the Federal Bureau of Investigation within 24 months prior to the issuance of a certificate, authorization, approval or renewal.
6. Fingerprinting. The applicant shall submit 2 fingerprint cards bearing the legible rolled and flat impression of the applicant's fingerprints prepared by a state or local public law enforcement agency to the department which shall forward the fingerprint cards to the Department of Public Safety, State Bureau of Identification for the purpose of conducting state and national criminal history record checks.
7. Use of criminal history record. State and federal criminal history record information may be used for the purpose of screening educational personnel applicants by the commissioner in order to determine whether certification, authorization, approval or renewal of educational personnel is granted or maintained.
8. Applicant's access to criminal history record check. The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of a 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 record check may inspect and review criminal record information pursuant to Title 16, section 620.
Sec. 4. 20-A MRSA §13011, sub-§1, ¶D, as amended by PL 1995, c. 207, §1, is further amended to read:
D. Seek a revocation of a certificate in the Administrative Court; and
Sec. 5. 20-A MRSA §13011, sub-§1, ¶E, as enacted by PL 1995, c. 207, §1, is amended to read:
E. Certify or authorize personnel who provide early childhood educational programs or developmental therapy to children with disabilities from birth to under 9 years of age in the home, in community-based special purpose and integrated programs and in public schools.; and
Sec. 6. 20-A MRSA §13011, sub-§1, ¶F is enacted to read:
F. Approval must be obtained from the department and maintained by all individuals for whom certification or authorization is not required prior to being hired or being placed under contract by a public school or an approved private school.
Sec. 7. 20-A MRSA §13011, sub-§8 is enacted to read:
8. Criminal history record checks. Criminal history record checks of an applicant for certification, authorization, approval or renewal must be conducted in accordance with this section, section 6103 and pursuant to rules adopted by the state board. Rules adopted pursuant to this subsection are minor technical rules in accordance with Title 5, chapter 375, subchapter II-A.
Effective September 19, 1997, unless otherwise indicated.
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