| | | Emergency preamble. Whereas, Acts of the Legislature do not become | | effective until 90 days after adjournment unless enacted as | | emergencies; and |
|
| | | 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 |
|
|
