LD 890
pg. 2
Page 1 of 10 An Act To Restrict Fingerprinting of Educational Personnel to New Hires Page 3 of 10
Download Bill Text
LR 418
Item 1

 
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 person whose certificate, authorization or
approval has lapsed for more than 2 years as of the
date of application for renewal subject to chapter
501

 
or 502 and who the department determines is an
applicant.

 
For purposes of this section, "applicant" does not include
a person who holds a valid certification, authorization or
approval under chapter 501 or 502 and who was employed by
a school prior to August 15, 2003, unless that person
subsequently applies for a position with another school
administrative unit or private school in the State and the
person is one to whom the superintendent intends to extend
an offer of employment.

 
B.__"Bureau" means the State Bureau of Identification
within the Department of Public Safety.

 
C.__"School" means a public school in this State or a
private school approved for attendance purposes under
section 2902 that enrolls 60% or more publicly funded
students.


Page 1 of 10 Top of Page Page 3 of 10