LD 1198
pg. 4
Page 3 of 11 An Act Regarding the Criminal History Record Check of School Employees Page 5 of 11
Download Bill Text
LR 184
Item 1

 
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.__For purposes
of this paragraph, "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; or

 
B.__When an applicant who holds a valid certification,
authorization or approval under chapter 501 or 502 and was
employed by a school prior to August 15, 2003 subsequently
applies for a position with another school administrative
unit or private school, the superintendent of the school
administrative unit or private school to which the
applicant 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.


Page 3 of 11 Top of Page Page 5 of 11