Section 071-115-I-8 - Records and Reports1.Annual Reports by School Officials: The superintendent of a SAU, the headmaster of an approved private school, or the Child Development Services director shall annually file such information regarding the employment of school personnel as the Commissioner may require consistent with Maine Department of Education Regulation 125. Failure to timely file required reports shall be grounds, following notice and an opportunity for a hearing, for the withholding of State subsidy from the SAU and for other certification action against the superintendent.2.Reports of Dismissals: Superintendents shall file with the Department, within ten (10) days of issuance, the certificate of dismissal issued by the school board for any credentialed personnel.3.Access to Credentialing RecordsA.Public Access to Records: Any individual, upon written or oral request, shall be informed of the certification status of any individual subject to credentialing requirements. The credentialing status of an individual is deemed to be a public record.B.Confidential Records(1) Transcripts, recommendations, and other documents submitted in support of an application for a credential and maintained in the Department are confidential and shall not be released without the consent of the individual, subject to the following: (A) The Department may release to school boards and superintendents who employ or are considering employment of the individual any documents except those received by the Department in accordance with the individual's CHRC, as specified in Section 5.2 of this rule.(B) Authorized personnel of the Department, including any hearing officer and legal counsel acting for the Department, may have access to all documents in fulfilling their assigned duties.(C) Individuals may examine their own records.(D) Representatives of the individual may examine records upon presentation of written authorization by the individual.(2) Home addresses of holders shall be made available only in response to the following: (A) Formal request from a commissioner or chief executive officer of other State agencies, including the judicial branch, when access to that information is necessary in carrying out an official function; or(B) Formal request by majority vote of any joint standing committee of the Legislature when access to that information is necessary in carrying out an official function.C.Access to Records Relating to Misconduct(1) Complaints, charges, or accusations made against holders, investigative reports pertaining to those complaints, charges, or accusations, replies to those complaints, charges, or accusations, and any other information that may result in action to deny, to not renew, to revoke, or to suspend a credential shall be confidential except such documents in the possession of the Department that are already public records as a matter of law.(2) Certificates of dismissal, records of other disciplinary actions taken by school boards, transcripts of public hearings held by school boards, and court records and transcripts not under seal are public records when in the possession of the Department.(3) Any charges or information filed by the Commissioner with the District Court in support of a petition to not renew, to revoke, or to suspend a credential and any decision of the Court shall be public records.(4) Any action taken by the Commissioner to deny, revoke or suspend a credential pursuant to 5 M.R.S.A. §10004 shall be a public record.(5) Although records of criminal convictions may be public records, any information obtained by the Department through fingerprint-based CHRC is confidential. The procedures that must be followed by an applicant to gain access to his/her criminal history record information are specified in Maine statute.(6) Non-identifiable aggregate data relating to the CHRC Program shall be released only after consultation with the Attorney General of the State of Maine.05-071 C.M.R. ch. 115, § I-8