HIDING THE NUMBERS

There’s no doubt the implementation of Maine’s school fingerprinting law was mishandled. Teachers were angered that they were perceived as criminals and the time-consuming nature of the process did little to win them over. But that was years ago, and the focus now should be on whether the much-debated program has achieved its aim of keeping pedophiles out of Maine schools. If it has, it should not be gutted, as many lawmakers – and education officials – are suggesting.

Education Commissioner Sue Gendron says she has seen the numbers and knows how many school personnel have been discharged or not hired because of the law. She is convinced the law should remain on the books. During the gubernatorial campaign, John Baldacci said he was leaning toward repealing the law that requires all school personnel who have contact with children to be fingerprinted as part of an FBI background check. Now that he has seen the numbers, Gov. Baldacci says he would veto any legislation to repeal the law.

One would conclude that the numbers are dramatic, but only administration officials know for sure because only they have seen the numbers. The commissioner and governor are no doubt people of good judgment, but lawmakers and the public should not have to take their word for it when it comes to the effectiveness of this controversial law.

Commissioner Gendron and Gov. Baldacci say they favor allowing the numbers they have seen to be made public in an aggregate form. This would maintain confidentiality and allow the public to know the law’s impact. Unfortunately, such a suggestion was nixed by the Education Committee earlier this week. Instead, the committee, by a vote of 9-4, endorsed a bill that would limit the fingerprint and background check requirements only to new hires.

Such an approach is pointless, because by the time the Legislature adjourns next month, 80 percent of the state’s current school personnel will have been fingerprinted. By next year, the job would be done and the current law would, in effect, apply only to new hires anyway.

A more useful approach would be for the governor, or a legislator, to introduce emergency legislation to make the aggregate numbers public now. Then people will know if the law worked.

It is worth keeping in mind, however, that the numbers will not tell the whole story. There is no way to measure how many people decided not to apply for education jobs because they knew their past history would be revealed. If the law stopped these people from being employed in schools, it also did its job.

There should be nothing to fear from the governor and education commission sharing what they have seen that caused them so much concern. Numbers in hand, the lawmakers and the public can make better decisions. If it also ends three years of bickering, all the better.