An Act To Amend Teacher Confidentiality Laws
Maine Legislature, Session 123, LD 2291
Committee Amendment CA_A-HA_A_H998 (House)

HOUSE AMENDMENT "/I,, to COMMITTEE AMENDMENT "A" to S.P. 912, 
L.D. 2291, Bill, "An Act To Amend Teacher Confidentiality Laws" 
Amend the amendment in the first paragraph after the title in the first and 2nd lines 
(page 1, lines 11 and 12 in amendment) by striking out the following: "in section 1 in 
subsection 2-A in the 2nd line (page 1, line 5 in L.D.) by striking out the following: 
"1300 I" and inserting the following: '+J.OOl- 13020' " and inserting the following: 'by 
striking out everything after the enacting clause and before the summary and inserting the 
following: 
'Sec. 1. 20-A MRS A §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 B, §78 and affected by §80, is repealed and the 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. Except for information designated confidential under section 6102 or section 
6103, the department may release relevant information that is designated confidential 
under paragraph A to: 
(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. 
Page J- t23LR3St7(08)-t 
HOUSE AMENDMENT 
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HOUSE AMENDMENT .on "to COMMITTEE AMENDMENT "A" to S.P. 912, L.D. 2291 
D. This subsection may not prohibit the department from using or releasing relevant 
information as necessary: 
(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 accomplishes the following. 
I. 
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. 
SPONSORED BY: j~ 
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(Representative SIMPSON) 
TOWN: Auburn 
HOUSE AMENDMENT