LD 1250
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Page 1 of 2 An Act To Provide an Exception to the Laws Governing Fingerprinting of Educatio... LD 1250 Title Page
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LR 702
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employed in a school at any time from the 1999-2000 school year
to the 2002-2003 school year who have not been fingerprinted and
who also require department certification, authorization,
approval or renewal under the Maine Revised Statutes, Title 20-
A, chapter 501 or 502 to obtain an exemption based on sincerely
held objections to fingerprinting. The rules must allow
exemptions in time for affected educational personnel to return
to or seek employment in a school during the 2003-2004 school
year.

 
Rules adopted or amended pursuant to this section are
routine technical rules as defined in the Maine Revised
Statutes, Title 5, chapter 375, subchapter 2-A.

 
Sec. 3. Reinstatement of certification, authorization, approval or renewal. Upon
application by a person in the classes of educational
personnel applicants described in Sec. 2, paragraph A and
after successful completion of any reference and background
checks that might otherwise be conducted, the Commissioner of
Education shall reinstate the certification, authorization,
approval or renewal under the Maine Revised Statutes, Title
20-A, chapter 501 or 502 that was denied to a person solely on
the basis of that person's refusal to comply with the
requirements of the Maine Revised Statutes, Title 20-A,
section 6103 on the basis of a sincerely held philosophical
belief against the fingerprinting and criminal history record
check requirements.

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

 
SUMMARY

 
This bill allows educational personnel who have not been
fingerprinted and who are seeking certification,
authorization, approval or renewal from the Department of
Education to seek exemption due to a sincerely held
philosophical objection to the required fingerprinting and
criminal history record check.

 
Education personnel who left their jobs due to the same
objection are also allowed an exemption so they may seek
reemployment in their field.


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