An Act To Amend Teacher Confidentiality Laws
Maine Legislature, Session 123, LD 2291
Committee Amendment CA_B_S578 (Senate)
Committee: Education and Cultural Affairs, strikes and replaces the bill to accomplish
Amends: 20-A MRSA §13004

Minority 
COMMITTEE AMENDMENT "(1;" to S.P. 912, L.D. 2291, Bill, "An Act To 
Amend Teacher Confidentiality Laws" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §13004, sub-§2-A, as enacted by PL 1983, c. 470, §11 and 
amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the 
following enacted in its place: 
2-A. Confidentiality. The provisions of this subsection govern confidentiality. 
A. Complaints and responses pursuant to section 13020 and any other information or 
materials that may result in an action to deny, revoke or suspend certification are 
confidential, except when submitted in court proceedings to revoke or suspend 
certification. 
B. If a complaint under section 13020 is based upon a criminal conviction or upon 
information that has become generally known to the public, the department may 
comment publicly on the existence and status of the complaint but shall otherwise 
preserve confidentiality in accordance with this subsection. 
C. Access to confidential information under this subsection may be granted to the 
extent that relevant information is needed by: 
(1) A national association of state directors of teacher education and certification 
to which the State belongs; 
(2) Other public authorities that are considering reciprocal action or that are 
investigating a person's certification in another jurisdiction; or 
(3) Law enforcement agencies in aid of their investigations. 
D. This subsection may not prohibit the department from using or releasing relevant 
information as necessary: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" 8 .. to S.P. 912, L.D. 2291 
(1) To investigate or prosecute complaints; or 
(2) To report, curtail or prevent criminal conduct. 
E. 
The department may publish and release as public information statistical 
summaries of complaints and dispositions as long as the release of such information 
does not jeopardize the confidentiality of individually identifiable information.' 
SUMMARY 
This amendment, which is the minority report of the Joint Standing Committee on 
Education and Cultural Affairs, strikes and replaces the bill to accomplish the following. 
1. 
It permits access to confidential information on denials, revocations and 
suspensions of teacher certification to the extent that the information is needed by a 
national association of state directors of teacher education and certification, in aid of an 
investigation by other jurisdictions investigating qualifications for certification or 
considering reciprocal disciplinary action or by law enforcement agencies in aid of an 
investigation. 
2. It authorizes the Department of Education to comment publicly on the existence 
and status of a complaint when the complaint is based on a criminal conviction or upon 
information that has become generally known to the public. 
3. It allows the Department of Education to use relevant information to investigate or 
prosecute complaints or to report, curtail or prevent criminal conduct. 
4. It authorizes the Department of Education to disseminate as public information 
statistical summaries of complaints and dispositions as long as the dissemination does not 
jeopardize the confidentiality of individually identifiable information. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/03/08 *ac.. 
LD 2291 
LR 3517(03) 
An Act To Amend Teacher Confidentiality Laws 
Fiscal Note for Bill as Amended by Committee Amendment ".e " 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Education can be absorbed within existing budgeted resources. 
LR3Sl7(03) - Fiscal Note - Page I of I