An Act To Improve Information Sharing Relating to Investigations of Educators
Maine Legislature, Session 128, LD 1924
Committee Amendment CA_A_H813 (House)
Amends: 20-A MRSA §13025

COMMITTEE AMENDMENT "It'' to H:P. 1366, L.D. 1924, Bill, "An Act To 
Improve Information Sharing Relating to Investigations of Educators" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §13025, as amended by PL 2017, c. 235, §29 and affected by 
§41, is repealed and the following enacted in its place: 
§13025. Investigations 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Boundaries" means the physical, emotional and social structures that ensure that 
interactions with a student have a legitimate academic purpose. 
B. 
"Covered investigation" means an investigation by a school entity into the 
conduct of a holder of a credential that a school entity has a reasonable expectation 
would affect the credential holder1s employment or contracted service because the 
conduct involves alcohol, illegal drugs, physical abuse, emotional abuse, violating 
boundaries, inappropriate contact between a credential holder and a student, stalking, 
or similar behavior that may endanger the health, safety or welfare of a student. 
C. 
"School entity'' means an approved private school, school administrative unit, 
public charter school, school management and leadership center, school in the 
unorganized territory or school operated by the State. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ".A" to H.P. 1366, L.D. 1924 
2. Subpoenas. When conducting an investigation relating to the credentialing of 
personnel under chapter 501 and this chapter and rules of the state board, the 
commissioner may issue subpoenas for education records relevant to that investigation. 
3. Duties of school entities. A school entity shall notify the department within 15 
business days of the school entity's initiating a covered investigation. The school entity 
shall notify the department immediately if the credential holder is put on administrative 
leave, suspended or terminated as part of a covered investigation. The notification must 
include the matter being investigated. Within 5 business days after completion of a 
covered investigation, the school entity shall notify the department in writing of the final 
outcome of the investigation, including, but not limited to, any actions taken, and shall 
provide to the department any final report produced. 
4. Duties of department. The department shall notify school entities in accordance 
with this subsection. 
A. The department shall notify the superintendent or chief administrative officer of a 
school entity within 15 business days of the department's initiating an investigation 
into a holder of a credential who works for the school entity and shall notify the 
school entity immediately if the department takes action on that credential. Within 5 
business days after completion of an investigation, the department shall notify each 
school entity for which the credential holder works of the final outcome of the 
investigation, including, but not limited to, any actions taken, and shall provide to the 
school entity any final written decision. 
B. 
Irmnediately upon receipt from a school entity of notification pursuant to 
subsection 3 of a covered investigation or administrative leave, suspension or 
termination, the department shall notify the superintendent or chief administrative 
officer of all other school entities for which the credential holder works, as reported 
to the department under section 13026, that the credential holder is being investigated 
or has been placed on administrative leave, suspended or terminated as part of a 
covered investigation. The department shall notify the superintendent or chief 
administrative officer of each school entity for which the credential holder works of 
the final outcome of the covered investigation, including, but not limited to, any 
actions taken and any final report produced, upon receipt of that information from the 
investigating school entity. 
5. 
Confidentiality. The department may share information that is confidential 
pursuant to section 6101 or 13004 with a school entity in accordance with subsection 4. A 
school entity that receives confidential information shall maintain the confidentiality of 
that information in accordance with rules adopted by the department pursuant to 
subsection 6. 
6. Rules. The commissioner shall adopt rules as necessary to carry out this section. 
In adopting rules, the commissioner shall identify the types of conduct of which a school 
entity must notify the department under subsection 3 and shall develop procedures for 
school entities to ensure the confidentiality of information received pursuant to 
subsection 5. Rules adopted under this subsection are major substantive rules as defined 
in Title 5, chapter 375, subchapter 2-A.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1366, L.D. 1924 
SUMMARY 
This amendment is the unanimous report of the committee. The amendment strikes 
and replaces the bill to make the following substantive changes: 
1. It adds a mandate preamble; 
2. It adds a definition section to define 
11boundaries,
"covered investigation" and 
11school entityt'; 
3. It specifies that a school entity must notify the Department of Education and the 
department must notify a school entity of an investigation within 15 business days, 
instead of 15 days, and clarifies that the department must notify the superintendent or 
chief administrative officer of the school entity; 
4. It clarifies that the department may share information pertaining to credentialing 
and employee records that is confidential with a school entity and requires that a school 
entity that receives that information ensure the confidentiality of that information; and 
5. It directs the Commissioner of Education to adopt major substantive rules to 
develop guidelines for school entities on the types of conduct of which the school entity 
must notify the department and to ensure confidentiality. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 09/13/18 :?-7?.CZC. 
LD 1924 
LR 3085(02) 
An Act To Improve Information Sharing Relating to Investigations of Educators 
\ 
~lscal Note for Bill as Amended by Committee Amendment A' { H '<;? / ~) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
State Mandates 
Required Activity 
Unit Affected 
Requires a school entity to notify the Department of Education within 15 business 
School 
days of opening a covered investigation into the conduct of a holder of a department-
issued credential. Also requires a school entity to notify the department 
immediately when placing the creditial holder on administrative leave, or 
suspending or terminating the credential holder. Requires a school entity to notify 
the depaitment in writing of the final outcome of the investigation and to provide 
any final reports on the investigation to the department within 5 business days after 
completion of the covered investigation. 
Local Cost 
Insignificant 
statewide 
Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the State from 
the constitutional requirement to fund 90% of the additional costs. 
Fiscal Detail and Notes 
Additional costs to the Department of Education to implement the requirements of this legislation can be absorbed 
within existing budgeted resources. 
LR3085(02) - Fiscal Note - Page 1 of 1