(2)__The number of fingerprints and criminal history record checks projected to be processed by the Maine State Police in each 5-year licensing cycle, consistent with the phase-in described in subsection 4-A; and

(3)__The number of educational personnel applicants who have been fingerprinted, the number of criminal history record checks completed by the Maine State Police and the number of criminal history record checks being processed by the Maine State Police; and

B.__From the commissioner:

(1)__Information explaining the process used by the commissioner in reviewing criminal history record checks, in applying the statutory standards for potential disqualification and in determining appropriate agency action;

(2)__The number of applications for certification, authorization, approval and renewal processed by or pending with the department;

(3)__The number of applications for certification, authorization, approval and renewal projected to be processed by the department in each 5-year licensing cycle, consistent with the phase-in described in subsection 4-A; and

(4)__The aggregate number of individuals for whom the commissioner denied, refused to renew, revoked or suspended a certificate, authorization or approval, or determined to be ineligible for employment based on the results of a criminal history record check.

Sec. 3. Dissemination of conviction data for fiscal year 2000-01. Notwithstanding the Maine Revised Statutes, Title 20-A, section 6103, subsection 3 and for fiscal year 2000-01 only, the Maine State Police may disseminate the number of individuals for whom criminal history records that contain a record of conviction data were provided to the Commissioner of Education following the completion of processing criminal history record checks during fiscal years 1999-00 and 2000-01 pursuant to Title 20-A, section 6103.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill is reported from the Joint Standing Committee on Education and Cultural Affairs pursuant to 2001 Joint Order, House Paper 1143.

This bill authorizes the Maine State Police and the Commissioner of Education to release certain general information relating to the fingerprinting and criminal history record checks of educational personnel. The bill provides an exception for the following information from the confidentiality provision established for the criminal history record checks of educational personnel:

1. Information explaining the process used by the Maine State Police for fingerprinting and conducting criminal history record checks;

2. Statistics and information on the number of persons fingerprinted and the number of criminal history record checks completed, being processed and projected to be completed in each 5-year licensing cycle;

3. Information explaining the process used by the Department of Education for reviewing criminal history record checks, applying the statutory standard for disqualification and determining appropriate agency action;

4. Statistics and information on the number of applications for certification, authorization and approval processed by or pending with the Department of Education and the number projected to be processed in each 5-year licensing cycle; and

5. Aggregate statistics and aggregate information on the number of individuals for whom the Commissioner of Education denied, refused to renew, revoked or suspended a certificate, authorization or approval, or determined to be ineligible for employment based on the results of a criminal history record check.

The bill further requires that the dissemination of statistics and other information must be made in a manner that preserves the confidentiality of the information contained in the criminal history records provided to the Commissioner of Education from which these statistics are drawn. Finally, the bill allows the Maine State Police, for fiscal year 2000-01 only,

to disseminate the number of criminal history records that contain a record of conviction data and were provided to the Commissioner of Education following the completion of processing criminal history record checks during fiscal years 1999-00 and 2000-01.