An Act To Address Violent Behavior in the Classroom
Maine Legislature, Session 129, LD 1370
Committee: Education and Cultural Affairs
Sponsors: MILLETT, McCREA, CARPENTER, CARSON, DIAMOND, DILL, VITELLI, INGWERSEN, KORNFIELD
Amends: 20-A MRSA §262

Legislative Document
No. 1370
S.P. 425
In Senate, March 21, 2019
An Act To Address Violent Behavior in the Classroom
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MILLETT of Cumberland.
Cosponsored by Representative McCREA of Fort Fairfield and
Senators: CARPENTER of Aroostook, CARSON of Cumberland, DIAMOND of Cumberland, 
DILL of Penobscot, SANBORN, H. of Cumberland, VITELLI of Sagadahoc, Representatives: 
INGWERSEN of Arundel, KORNFIELD of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §262, as enacted by PL 1999, c. 781, §1, is repealed and the 
following enacted in its place:
§262.  Violence prevention and intervention
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Administrator" has the same meaning as in section 13001-A, subsection 1.
B.  "Assigned public school employee" means a public school employee chosen by 
the local president of the applicable bargaining unit to investigate violent behavior.
C.  "School grounds" has the same meaning as in section 6554, subsection 2, 
paragraph E.
D.  "Violent behavior" means intentional physical aggression by a student against a 
public school employee while on school grounds.
2.  Technical assistance.  The commissioner shall provide technical assistance to 
school administrative units that request assistance in the provision of violence prevention 
and intervention training programs for teachers, school staff and students.  The assistance 
must emphasize conflict resolution education, peer mediation and early identification and 
response to signs of violence.
3.  Investigation into violent behavior.  A school administrative unit shall 
immediately investigate any allegation of violent behavior.  The investigation must be 
conducted by an administrator and an assigned public school employee.  If the allegation 
of violent behavior is substantiated, the school administrative unit shall, in consultation 
with the public school employee who was subjected to the violent behavior, institute an 
action plan to avoid future violent behavior.  The action plan must be instituted prior to 
the student's return to regular school attendance and participation in school activities and 
must emphasize:
A.  Minimizing suspensions and expulsions of the student;
B.  Prioritizing counseling and guidance services for the student;
C.  Restorative justice; and
D.  Training for public school employees who interact with the student.
4.  Sick leave.  A school administrative unit may not count time away from work 
against a public school employee's accrued sick leave if:
A.  The time away from work is due to an injury caused by violent behavior; and
B.  A physician has determined that the public school employee is unable to work as 
a result of the injury sustained.
SUMMARY
Current law requires the Commissioner of Education to provide technical assistance 
to school administrative units if they request assistance in the provision of violence 
prevention training.  This bill requires a school administrative unit to immediately 
investigate allegations of violent behavior by a student against a public school employee 
and, if an allegation is substantiated, to institute an action plan to avoid future violent 
behavior.  The action plan must be instituted prior to the student's return to school and 
must emphasize minimizing suspensions and expulsions of a student who demonstrated 
violent behavior, prioritizing counseling and guidance services for the student, restorative 
justice and training for public school employees who interact with the student.  The bill 
also prohibits a school administrative unit from counting time away from work due to an 
injury resulting from violent behavior against a public school employee's accrued sick 
leave.