An Act To Amend the Laws Governing Investigations by School Entities into Holders of Credentials (AFTER DEADLINE)
Maine Legislature, Session 129, LD 1820
Committee: Education and Cultural Affairs
Sponsors: KORNFIELD
Amends: 20-A MRSA §13025

Legislative Document
No. 1820
H.P. 1297
House of Representatives, June 3, 2019
An Act To Amend the Laws Governing Investigations by School 
Entities into Holders of Credentials
(AFTER DEADLINE)
Submitted by the Department of Education and approved for introduction by a majority of 
the Legislative Council pursuant to Joint Rule 205.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative KORNFIELD of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §13025, as repealed and replaced by PL 2017, c. 477, §1, is 
amended to read:
§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 holder's employment or contracted service because the 
alleged 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.
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 immediately if a credential holder who is the subject of a covered 
investigation leaves the school entity's initiating a employment for any reason prior to the 
conclusion of the covered investigation.  The A school entity shall notify the department 
immediately if the a credential holder is put on administrative leave disciplined, 
suspended or terminated as part a result of a covered investigation in which the school 
entity determined that a student's health, safety or welfare was endangered.  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 in support of the 
school entity's decision to discipline, suspend or terminate the credential holder.
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.  Immediately upon receipt from a school entity of notification pursuant to 
subsection 3 of a covered investigation or administrative leave 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 is being investigated or 
has been placed on administrative leave was disciplined, suspended or terminated as 
part of a result of a covered investigation, or that the credential holder left 
employment prior to completion 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 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 that the credential holder left employment 
with a school entity prior to the completion of a covered investigation of that 
credential holder.
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.
SUMMARY
This bill amends the laws governing investigations by school entities, which includes 
approved private schools, school administrative units, public charter schools, school 
management and leadership centers, schools in the unorganized territory and schools 
operated by the State, of credential holders.  This bill:
1.  Removes language requiring a school entity to notify the Department of Education 
within 15 business days of the initiation of a covered investigation by that school entity;
2.  Requires a school entity to immediately notify the Department of Education if a 
credential holder who is the subject of a covered investigation leaves the school entity's 
employment for any reason prior to the conclusion of the covered investigation;
3.  Eliminates the requirement that the school entity notify the department in writing 
of the final outcome of the investigation within 5 days of its completion and provide to 
the department a copy of any final report and instead requires that the school entity 
provide to the department a copy of any final report produced in support of the school 
entity's decision to discipline, suspend or terminate the credential holder;
4.  If a credential holder left employment prior to the completion of a covered 
investigation and provides consent as part of that credential holder's application for 
employment with a school entity, directs the department to notify the superintendent or 
the chief administrative officer of that school entity of the fact that the credential holder 
left employment with a school entity prior to the completion of a covered investigation of 
that credential holder; and
5.  Repeals language requiring the commissioner to adopt rules governing 
confidentiality of information received under the provisions concerning covered 
investigations.