LD 1198
pg. 1
LD 1198 Title Page An Act Regarding the Criminal History Record Check of School Employees Page 2 of 11
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LR 184
Item 1

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

 
Whereas, under this legislation, background checks and
fingerprinting are required only for newly hired educational
personnel; and

 
Whereas, it is imperative that this change be effectuated
prior to the beginning of the new 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 §6101, sub-§2, ¶B, as amended by PL 1995, c. 547,
§4, is further amended to read:

 
B. Except as provided in paragraph A, information in any
form relating to an employee or applicant for employment,
or to the employee's immediate family, must be kept
confidential if it relates to the following:

 
(1) All information, working papers and examinations
used in the examination or evaluation of all
applicants for employment;

 
(2) Medical information of any kind, including
information pertaining to diagnosis or treatment of
mental or emotional disorders;

 
(3) Performance evaluations, personal references and
other reports and evaluations reflecting on the
quality or adequacy of the employee's work or general
character compiled and maintained for employment
purposes;

 
(4) Credit information;

 
(5) Except as provided by subsection 1, the personal
history, general character or conduct of the employee
or any member of the employee's immediate family;

 
(6) Complaints, charges of misconduct, replies to
complaints and charges of misconduct and memoranda
and other materials pertaining to disciplinary
action;


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