An Act To
Maine Legislature, Session 129, LD 1820
Committee Amendment CA_A_H591 (House)

COMMITTEE AMENDMENT "!l" to H.P. 1297, L.D. 1820, Bill, "An Act To 
Amend the Laws Governing Investigations by School Entities into Holders of 
Credentials" 
Amend the bill in section 1 in § 13025 in subsection 1 by striking out all of 
paragraphs A and B (page 1, lines 7 to 15 in L.D.) and inserting the following: 
'A. "Boundaries" means the physical, emotional and soeial strnetafes that ensme that 
interaetions ·.vi.th a student have a legitimate aeadElfllie 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 endangers the health, safety or 
welfare of a student.' 
Amend the bill in section 1 in §13025 in subsection 3 in the last line (page 1, line 33 
in L.D.) by inserting after the following: "holder." the following: '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.' 
Amend the bill in section 1 in §13025 in subsection 4 in the first line (page 1, line 34 
in L.D.) by striking out the following: "notify school entities" and inserting the following: 
'notifv school entities act' 
Amend the bill in section 1 in § 13025 in subsection 4 in paragraph B in the 3rd to the 
last line (page 2, line 20 in L.D.) by striking out the following: "entity that the credential" 
and inserting the following: 'entity if that credential' 
Amend the bill in section 1 in §13025 in subsection 4 by adding after paragraph B the 
following: 
'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 fmding 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·/J" to H.P. 1297, L.D. 1820 
resulting in that discipline. suspension or termination is reversed upon appeal at the 
school entity level.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. Work group; report. The Department of Education shall convene a 
work group of stakeholders, including but not limited to the Maine School Management 
Association, the Maine Education Association and the Office of the Attorney General, to 
study and report to the Joint Standing Committee on Education and Cultural Affairs, no 
later than Februaty 1, 2020 on recommendations and suggested legislation to improve the 
law regarding investigations into educator credential holders. The Joint Standing 
O 
Committee on Education and Cultural Affairs may report out a bill to the Second Regular 
Session of the 129th Legislature on the subject matter of the report.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, does the following. 
1. It clarifies that "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, inappropriate contact between a credential holder and a student, stalking or similar 
behavior that endangers the health, safety or welfare of a student. It removes the phrase 
"violating boundaries" from the definition. 
2. It provides that a credential holder who is the subject of a final report produced in 
support of a school entity's decision to discipline, suspend or terminate the credential 
holder may submit to the Department of Education a written rebuttal to the report and that 
the written rebuttal must be placed in the department's investigative file. 
3. It requires the department to 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 reversed upon appeal at 
the school entity level. 
4. It directs the department to convene a work group to study and report to the Joint 
Standing Committee on Education and Cultural Affairs no later than February 1, 2020 on 
recommendations and suggested legislation to improve the law regarding investigations 
into credential holders. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/08/19 :::wac.. 
LO 1820 
LR2508(02) 
An Act To Amend the Laws Governing Investigations by School Entities into Holders of Credentials 
Fiscal Note for Bill as Amended by Committee Amendment /-J( J/-S'flj 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Education to implement the requirements of this legislation and to the Office of 
the Attorney General to participate in the workgroup can be absorbed within existing budgeted resources. 
LR2508(02) - Fiscal Note - Page 1 of 1