An Act To Address Violent Behavior in the Classroom
Maine Legislature, Session 129, LD 1370
Committee Amendment CA_A_S237 (Senate)
Amends: 20-A MRSA §6555, 20-A MRSA §13601

FffiST REGULAR SESSION 
COMMITTEE AMENDMENT "A " to S.P. 425, L.D. 1370, Bill, "An Act To 
Address Violent Behavior in the Classroom" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Address Dangerous Behavior in the Classroom' 
Amend the bill by striking out everything after the title and inserting the following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure. 
Be it enacted by the People of the State of Maine as follows: 
Sec.1. 20-A MRSA §6555 is enacted to read: 
§6555. Dangerous behavior 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 review a reported incident of 
dangerous behavior. 
C. "Dangerous behavior" means behavior of a student that presents a risk of injury or 
harm to a student or others. 
2. Report of incident of dangerous behavior. Upon receipt of a report of an 
incident of dangerous behavior made by a teacher or school staff person, a school 
administrative unit shall review the reported incident and develop an individualized 
response plan in accordance with this subsection. The review of the reported incident 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"!-\ "to S.P. 425, L.D. 1370 { ('., . ) J> i\ 
must be conducted by an administrator and an assigned public school employee. If the 
report of the incident of dangerous behavior is substantiated, the school administrative 
unit shall, in consultation with the public school employee who was subjected to the 
dangerous behavior, if any, develop an individualized response plan to avoid future 
dangerous behavior, which may include but is not limited to: 
A. Minimizing suspension and expulsion of the student; 
B. Prioritizing counseling and guidance services for the student and educators; 
C. Providing positive behavioral interventions and supports and supports designed to 
address the consequences of trauma in the individual and training for the student and 
educators; 
D. Restorative practices; 
E. Training for public school employees who interact with the student; and 
F. 
Provision of adequate staffing and professional development necessary to 
implement the plan. 
Nothing in this subsection may be construed as limiting any federally protected right of a 
student, including, but not limited to, federally protected rights of students with 
disabilities. 
Notwithstanding any provision of this subsection to the contrary, in the case of a student 
eligible for services under the federal Individuals with Disabilities Education Act or 
protected from discrimination under Section 504 of the federal Rehabilitation Act of 
1973, any discussions or actions related to the identification, evaluation or educational 
placement of the student or provision of a free, appropriate public education to the 
student must take place through the processes established under federal law. 
Sec. 2. 20-A MRSA §13601, sub-§5 is enacted to read: 
5. Injuries caused by dangerous behavior. A school administrative unit may not 
count time away from work against a public school employee's accrued sick leave if the 
time away from work is due to an injury caused by dangerous behavior and a physician 
has determined that the public school employee is unable to work as a result of the injury 
sustained. 
For the purposes of this subsection, "dangerous behavior" has the same 
meaning as in section 6555, subsection 1, paragraph C.' 
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, strikes and replaces 
the bill, changes the title and makes the following additional changes. 
1. It changes the focus of the bill from violent behavior to dangerous behavior and 
defmes "dangerous behavior" to mean behavior of a student that presents a risk of injury 
or harm to a student or others. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "fi "to S.P. 425, L.D. 1370 (S ,',).?,l~ 
2. It amends the process in the bill regarding investigations. It requires review of a 
report of an incident of dangerous behavior and the development of an individualized 
response plan. It stipulates that these provisions do not limit any federally protected right 
of a student, including, but not limited to, federally protected rights of students with 
disabilities, and provides that, in the case of a student eligible for services under the 
federal Individuals with Disabilities Education Act or protected from discrimination 
under Section 504 of the federal Rehabilitation Act of 1973, any discussions or actions 
related to the identification, evaluation or educational placement of the student or 
provision of a free, appropriate public education to the student must take place through 
the processes established under federal law rather than under the process described in the 
bill, as amended. 
3. It moves the provisions in the bill regarding the counting of sick leave of a public 
school employee injured from dangerous behavior to the Maine Revised Statutes, Title 
20-A, section 13601, which contains other provisions regulating sick leave. 
4. It adds a mandate preamble. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/06/19 feac.. 
LD 1370 
LR 662(02) 
An Act To Address Violent Behavior in the Classroom 
Fiscal Note for Bill as Amended by Committee Amendment 'YfJ { '., -
_1,) 
Committee: Education and Cultural Affairs 
.. · 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
State Mandates 
Required Activity 
Unit Affected 
Requires school administrative units (SAU's) to review reported incidents of 
School 
dangerous behavior by students made by a teacher or school staff person and, if the 
report is substantiated, work with the public school employee who was subjected to 
the dangerous behavior to develop an individualized response plan to avoid future 
incidents. 
Local Cost 
Moderate 
statewide 
Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the State from 
the constitutional requirement to fund 90% of the additional costs. 
Fiscal Detail and Notes 
To the extent that a school administrative unit (SAU) currently conducts reviews ofreported incidents of dangerous 
student behavior and develops individualized response plans, the cost to implement the requirements of this 
legislation may be minimal. 
LR0662(02) - Fiscal Note - Page 1 of 1