MAINE’S FINGERPRINTING LAW - A THUMBNAIL HISTORY
1995 Governor Angus King Jr. and the Maine School Management Association
(representing superintendents and school boards) spur Legislature to call for study
of ways to improve superintendents’ ability to obtain background information on
applicants for employment in the schools. No data, only anecdotes, are presented
defining supposed problem of abuse of students by school personnel
1997 Legislature passes law calling for fingerprinting and FBI criminal history checks.
Bill is passed unanimously "under the hammer" (i.e., no debate or roll call, and
still no data) with 19 other bills. Later, many legislators can’t even remember
voting for it. Maine Education Association (MEA) supports bill without
consulting or notifying membership.
1999 Fingerprinting begins in the fall. Most school personnel learn about it only now
for the first time. Many are upset over being asked to pay the $49 cost; many
others are insulted and/or view the requirement as an infringement of the
constitutional guarantee against unreasonable search and seizure.
2000 Teachers begin to refuse to submit to the law. Bills for repeal are filed.
Legislative Leadership calls upon Education Committee to revisit issue. MEA revises
its position, calling for exemption of veteran personnel. Maine Educators Against
Fingerprinting (MEAF) forms, provides first real data on abuse and perpetrators,
polls school personnel and finds great majority oppose law. Legislature debates
for 10 hours before enacting "new hires" bill exempting veterans, but Governor
King vetoes it. State Democratic Party Convention and MEA Representative
Assembly both adopt resolutions calling for full repeal.
2001 Dozens of new legislators elected on platform of opposition to law. Number of
refusers continues to grow. Everyone is surprised to learn that the law prohibits
the release of any - even aggregate - results of the background checks, and that
certificates can be denied for many other reasons than prior conviction for child
abuse. One teacher’s certificate is withheld for nearly a year for trespassing.
School boards begin to voice opposition to law. After second lengthy debate,
Legislature enacts bill to repeal law completely, but Governor King vetoes it also.
2002 Fingerprinting of school personnel continues. Opposition is forced to wait for the
end of Governor King’s term in office. All four major gubernatorial candidates
vow to support change in law, either through repeal or "new hires" amendment.
The natural progress of things is for liberty to yield and government to gain ground.
Thomas Jefferson
Prepared by Maine Educators Against Fingerprinting, 1 Stone Ridge Drive, Waterville, ME 04901
info@slipperyslope.org