LD 890
pg. 7
Page 6 of 10 An Act To Restrict Fingerprinting of Educational Personnel to New Hires Page 8 of 10
Download Bill Text
LR 418
Item 1

 
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Sec. 5. 20-A MRSA §13011, sub-§1, ¶F, as repealed and replaced by PL
1999, c. 791, §5, is repealed and the following enacted in its
place:

 
F.__Approve persons for whom certification or
authorization is not required prior to being hired or
being placed under contract by a public school; and

 
Sec. 6. 20-A MRSA §13011, sub-§1, ¶G is enacted to read:

 
G.__Approve persons for whom certification or
authorization is not required prior to being hired or
being placed under contract by a private school approved
for tuition purposes under section 2902 that enrolls 60%
or more publicly funded students.

 
Sec. 7. 20-A MRSA §13011, sub-§8, as enacted by PL 1997, c. 452, §7,
is amended 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 6103-A 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 2-A.

 
Sec. 8. 20-A MRSA §13020, sub-§3, as enacted by PL 1983, c. 845, §4,
is amended to read:

 
3. Denial of certificate, authorization or approval for
prior immoral conduct. Evidence that an applicant for initial
certification, authorization or approval or for a renewal has
injured the health or welfare of a child through physical or
sexual abuse or exploitation is grounds for a denial of a
certificate, authorization or approval. Notwithstanding Title
5, chapter 341, every a person, who, within 5 years of the
application for initial certification, authorization or
approval or renewal, has been convicted in any state or
federal court of a criminal offense involving the physical or
sexual abuse or exploitation of a child, may be presumed by
the commissioner to lack good moral character for the purposes
of this chapter. This presumption shall be is a rebuttable
presumption. Notwithstanding


Page 6 of 10 Top of Page Page 8 of 10