An Act To Implement the Recommendations of the Work Group on the Laws Governing Investigations by School Entities into Holders of Credentials Reported by the Majority from the Joint Standing Committee on Education and Cultural Affairs pursuant to Public Law 2019, chapter 403, section 2.
Maine Legislature, Session 129, LD 2166
Amends: 20-A MRSA §13025

Legislative Document
No. 2166
H.P. 1550
House of Representatives, March 17, 2020
An Act To Implement the Recommendations of the Work Group on 
the Laws Governing Investigations by School Entities into Holders 
of Credentials
Reported by the Majority from the Joint Standing Committee on Education and Cultural 
Affairs pursuant to Public Law 2019, chapter 403, section 2.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §13025, sub-§3, as amended by PL 2019, c. 403, §1, is 
further amended to read:
3.  Duties of school entities.  A school entity shall notify the department immediately 
if a credential holder who is the subject of a covered investigation leaves the school 
entity's employment for any reason prior to or upon the conclusion of the covered 
investigation.  A school entity shall notify the department immediately if a credential 
holder is disciplined, suspended or terminated as a result of a covered investigation in 
which the school entity determined that a student's health, safety or welfare was 
endangered.  The school entity shall provide to the department any final report produced 
in support of the school entity's decision to discipline, suspend or terminate the credential 
holder.  The credential holder who is the subject of the report may submit to the 
department a written rebuttal to the report.  The written rebuttal must be placed in the 
department's investigative file.
Sec. 2.  20-A MRSA §13025, sub-§4, as amended by PL 2019, c. 403, §1, is 
further amended to read:
4.  Duties of department.  The department shall act in accordance with this 
subsection.
A.  The department shall notify the superintendent or chief administrative officer of a 
school entity within 15 business days immediately 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.  Immediately upon receipt from a school entity of notification pursuant to 
subsection 3 of the discipline, suspension or termination of a credential holder, or the 
leaving of employment by a credential holder prior to the completion of a covered 
investigation of that credential holder, 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 was disciplined, suspended or terminated as a result of a covered investigation, 
or that the credential holder left employment prior to completion of a covered 
investigation.  If a credential holder provides consent as part of that credential 
holder's application for employment with a school entity, the department shall notify 
the superintendent or the chief administrative officer of that school entity if that 
credential holder left employment with a school entity prior to or upon the 
completion of a covered investigation of that credential holder.
C.  The department shall destroy copies of all records and reports related to a finding 
resulting in discipline, suspension or termination of a credential holder if the finding 
resulting in that discipline, suspension or termination is completely reversed upon 
appeal at the school entity level.
SUMMARY
The majority of the Joint Standing Committee on Education and Cultural Affairs 
voted to report out this committee bill to implement the recommendations of the work 
group formed pursuant to Public Law 2019, chapter 403 to study the issue of 
investigations of educator credential holders.  The bill does the following.
1.  It provides that a school entity must notify the Department of Education 
immediately if a credential holder who is the subject of a covered investigation leaves the 
school's employment upon the conclusion of the covered investigation and that if a 
credential holder provides consent as part of that credential holder's application for 
employment, the department must notify the school if that credential holder left 
employment with a school entity upon completion of a covered investigation.
2.  It provides that the Department of Education must notify a school entity 
immediately, rather than within 15 business days, of the department's initiating an 
investigation into a holder of a credential who works for that school entity.
3.  It provides that the Department of Education must destroy copies of records and 
reports related to a finding resulting in discipline, suspension or termination of a 
credential holder if the finding resulting in that discipline, suspension or termination is 
completely reversed upon appeal at the school entity level.
FISCAL NOTE REQUIRED
(See attached)
Approved: 03/06/20
LD 2166     
LR 3249(01)
Fiscal Detail and Notes
Fiscal Note
Minor cost increase - General Fund
Additional costs to the Department of Education to implement the requirements of this legislation can be absorbed 
within existing budgeted resources.
An Act To Implement the Recommendations of the Work Group on the Laws Governing 
Investigations by School Entities into Holders of Credentials
Fiscal Note for Original Bill
Committee: Education and Cultural Affairs
Fiscal Note Required: Yes
LR3249(01) - Fiscal Note - Page 1 of 1