An Act To Improve Information Sharing Relating to Investigations of Educators
Maine Legislature, Session 128, LD 1924
Committee: Education and Cultural Affairs
Sponsors: GINZLER
Amends: 20-A MRSA §13001-A, 20-A MRSA §13025

Legislative Document
No. 1924
H.P. 1366
House of Representatives, August 28, 2018
An Act To Improve Information Sharing Relating to Investigations 
of Educators
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GINZLER of Bridgton.  (GOVERNOR'S BILL)
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §13001-A, sub-§11-A is enacted to read:
11-A.  School entity.  "School entity" means an approved private school, school 
administrative unit, school of the unorganized territory and school operated by the State.
Sec. 2.  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§41, is repealed and the following enacted in its place: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.  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.
2.  Duties of school entities.  A school entity shall notify the department within 15 
days of the school entity's initiating an investigation into a holder of a credential and shall 
notify the department immediately if the credential holder is put on administrative leave, 
suspended or terminated as part of an investigation.  The notification must include the 
matter being investigated.  Within 5 business days after completion of an investigation, 
the school entity shall notify the department of the final outcome of the investigation, 
including, but not limited to, any actions taken and any final report produced.
3.  Duties of department.  The department shall notify school entities in accordance 
with this subsection.
A.  The department shall notify a school entity within 15 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 any final report produced.
B.  Immediately upon receipt from a school entity of notification pursuant to 
subsection 2 of an investigation or administrative leave, suspension or termination, 
the department shall notify all other school entities for which the credential holder 
works that the credential holder is being investigated or has been placed on 
administrative leave, suspended or terminated as part 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 any final report produced, immediately upon receipt of that information from the 
investigating school entity.
4.  Confidentiality.  Any records received by a school entity under subsection 3 are 
confidential pursuant to section 13004, subsection 2-A, paragraph A.
SUMMARY
This bill requires that a school entity notify the Department of Education when it 
opens an investigation into a holder of a department-issued credential and provide all 
final reports on that investigation to the department.  It requires that the department notify 
a school entity when it is investigating a holder of a department-issued credential who 
works for the school entity and requires the department to provide all final reports on the 
outcome of that investigation to all school entities for which that credential holder works.  
When a school entity notifies the department of an investigation into a credential holder, 
the department must then notify all the school entities for which that credential holder 
works of the investigation and provide to them all final reports the department receives.  
The bill defines "school entity."