(8) The teacher action plan and support system documents and reports maintained for certification purposes; and

(9) Criminal history record information obtained pursuant to section 6103 6103-A.

Sec. 2. 20-A MRSA §6103, as amended by PL 1999, c. 791, §§1 to 4, is repealed.

Sec. 3. 20-A MRSA §6103-A is enacted to read:

§6103-A.__Criminal history record information conviction data

This section applies to state and federal criminal history record checks and maintenance of criminal history record information and conviction data for applicants for certification, authorization or approval under chapter 501 or 502 and for applicants for educational personnel positions in schools.

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Applicant" means:

(1)__A person who applies for certification, authorization or approval under chapter 501 or 502;

(2)__A person who applies for a position that requires certification, authorization or approval under chapter 501 or 502;

(3)__A person who applies for a position that requires certification or authorization and who holds a valid credential from another state, including a state that is a party state to an interstate agreement on qualifications of educational personnel under chapter 511; or

( 4 ) __ A p e r s o n w h o s e c e r t i f i c a t e , a u t h o r i z a t i o n o r a p p r o v a l h a s l a p s e d f o r m o r e t h a n 2 y e a r s a s o f t h e d a t e o f a p p l i c a t i o n f o r r e n e w a l s u b j e c t t o c h a p t e r 5 0 1 o r 5 0 2 a n d w h o t h e d e p a r t m e n t d e t e r m i n e s i s a n a p p l i c a n t .

For purposes of this section, "applicant" does not include a person who holds a valid certification, authorization or