Whereas, during the First Special Session of the 118th Legislature, the Legislature enacted criminal history record check requirements for educational personnel; and

Whereas, since the 2000-2001 school year, schools across the State have lost the talents of skilled teachers and other educational personnel solely on the basis of their sincerely held philosophical objections to the requirements of the fingerprinting and criminal history record check provisions imposed upon school employees; and

Whereas, it is in the public interest to reinstate these teachers and educational personnel so that they may return to our schools and provide competent service to the pupils across the State beginning with the 2003-2004 school year; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA §6103, sub-§10 is enacted to read:

10.__ Exemption.__Notwithstanding any other provision of this section and pursuant to rules adopted by the state board, the commissioner shall provide an exemption from the requirements of this section for applicants for certification, authorization, approval or renewal under chapter 501 or 502 on the basis of that person's sincerely held philosophical objection to the required fingerprinting and criminal history record check.__Upon the submission of a written application for exemption by the person, and after successful completion of any reference and background checks that might otherwise be conducted, the commissioner shall authorize the certification, authorization, approval or renewal under chapter 501 or 502.__ Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 2. Amend rules governing fingerprinting and criminal history record check of educational personnel; emergency rule-making authority. The State Board of Education shall adopt or amend rules within 60 days of the enactment of this Act. The rules must allow persons regularly