PORTLAND (AP) – A failure to fingerprint Deborah Wolfenden in accordance with state law concealed her assault conviction and allowed her to work in South Portland classrooms as a special education consultant, a state education official says.

Fingerprinting would have flagged Wolfenden for her conviction in connection with the 1990 death of her 4-year-old foster son and the state Department of Education would have blocked her from being hired, Deputy Education Commissioner Patrick Phillips said.

“This would be an instance where a background check would have had a finding of some significance and we would not have issued an authorization,” Phillips said.

South Portland School Superintendent Wendy Houlihan, who learned last month of Wolfenden’s criminal history from a staff member, terminated her contract with the school district Monday.

State law requires the fingerprinting of all school employees, including independent contractors.

Wolfenden’s foster son, Ricky LeTourneau, died after Wolfenden pushed him into his bedroom for urinating on the floor. He suffered a concussion and choked on his vomit.

Wolfenden was acquitted of manslaughter and aggravated assault, but was sentenced to a year in prison for assault because of evidence that she had spanked Ricky excessively and raked his genital area with her nails. More than 100 bruises and lacerations were found on the dead child’s body.

Wolfenden, a licensed speech pathologist who was first hired under Houlihan’s predecessor, was not brought aboard to work with children, Houlihan said. But Karen Doe, a former staff member, said Wolfenden had regular contact with special education students.

Wolfenden had worked in the district on and off for three years.

School board Chairman Mark Reuscher said Friday that hiring Wolfenden was a mistake “overlooked a couple years ago and someone blew it somewhere.”

AP-ES-04-09-05 1227EDT