LD 890
pg. 4
Page 3 of 10 An Act To Restrict Fingerprinting of Educational Personnel to New Hires Page 5 of 10
Download Bill Text
LR 418
Item 1

 
applies may request criminal history record information on
that applicant only if the governing body for that school
administrative unit or private school has decided to obtain
the same criminal history record information for all such
applicants seeking employment in that school administrative
unit or private school.__Upon the request of that
superintendent, the department shall request that the
bureau obtain a criminal history record check.__The
criminal history record check must include a check of the
criminal history record information maintained by the Maine
Criminal Justice Information System and by the Federal
Bureau of Investigation.__The bureau shall provide the
criminal history record information obtained from the Maine
Criminal Justice Information System and the Federal Bureau
of Investigation to the department.__The department shall
review the criminal history record information and
communicate to the superintendent the department's
determination concerning the approval or disapproval of the
applicant.__The department shall indicate approval for an
applicant unless the applicant would be subject to denial,
revocation, suspension or nonrenewal under section 13020,
subsection 3-A.

 
5.__Use of criminal history record.__State and federal
criminal history record information may be used for the
purpose of screening educational personnel applicants by the
department in order to determine whether certification,
authorization or approval should be granted.__State and
federal criminal history record information also may be
reviewed by the department at the request of a superintendent
pursuant to subsection 4 for the purpose of screening a person
who is not currently employed in that superintendent's school
administrative unit and who is an applicant for a position in
that superintendent's school administrative unit.__Criminal
history record information may also be used in accordance with
subsection 13.

 
6.__Issuance restriction.__Issuance of a certificate,
authorization, approval or renewal to a person whose criminal
history record information includes a criminal conviction is
subject to the provisions of section 13020 and Title 5,
chapter 341.

 
7.__Confidentiality.__Except as provided in subsection 13,
any criminal history record information obtained under
subsection 4 is confidential.

 
8.__Expenses of criminal history record check.__The
department or the superintendent that requests a criminal
history record check shall pay the expenses of the criminal
history record check.__Except for any portion of the payment
that


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