An Act To Clarify Safety Issues in Schools with Respect to Health-related States of Emergency
Maine Legislature, Session 130, LD 1502
Committee: Education and Cultural Affairs
Sponsors: GRAMLICH, DODGE, SYLVESTER
Amends: 20-A MRSA §1056

Legislative Document
No. 1502
H.P. 1112
House of Representatives, April 15, 2021
An Act To Clarify Safety Issues in Schools with Respect to Health-
related States of Emergency
(EMERGENCY)
Received by the Clerk of the House on April 13, 2021.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Representatives: DODGE of Belfast, SYLVESTER of Portland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, currently the COVID-19 pandemic is widespread in the State; and
Whereas, the pandemic has created severe health and safety concerns in the schools 
of the State; and
Whereas, school administrative units have been left to themselves to interpret and 
administer public health guidelines issued by the Governor and the Department of Health 
and Human Services, Maine Center for Disease Control and Prevention; and
Whereas, the patchwork of inconsistent public health practices in the schools is 
endangering the health of students, their families and communities as schools continue to 
provide instruction to complete the school year; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1056 is enacted to read:
§1056.  States of emergency
During a health-related state of emergency under Title 37-B, chapter 13, subchapter 2, 
a superintendent shall administer and adhere to all executive orders and proclamations by 
the Governor and any guidance or directives from the director of the Maine Center for 
Disease Control and Prevention within the Department of Health and Human Services and 
shall send a monthly report while the state of emergency is in effect to the director detailing 
the steps that the school administrative unit is taking to comply with the guidance or 
directives and any health-related executive order or proclamation by the Governor, 
including the number of students and staff affected by the health-related state of emergency, 
the number of cases of a disease or health issue occurring in the school administrative unit 
and any cleaning, sanitizing, segregation or other steps taken by the school administrative 
unit to comply with the guidance, directive, executive order or proclamation.  A copy of 
the report required by this section must be sent to the school board of that school 
administrative unit.
Sec. 2.  COVID-19 pandemic guidance and requirements.  Pursuant to the 
Maine Revised Statutes, Title 20-A, section 1056, during the state of emergency under Title 
37-B, chapter 13, subchapter 2 regarding the COVID-19 pandemic, a school superintendent 
shall:
1.  Communicate to every school and facility within the superintendent's school 
administrative unit the definitions of "deep cleaning" and "sanitizing" issued or approved 
by the Department of Health and Human Services, Maine Center for Disease Control and 
Prevention and ensure that all surfaces and areas within those schools and facilities are 
cleaned and sterilized in a manner determined adequate by the Maine Center for Disease 
Control and Prevention;
2.  Ensure that a ventilation system in a school or facility used or occupied by school 
administrative unit staff or a student is adequate to protect the staff or student as determined 
by the Maine Center for Disease Control and Prevention;
3.  Ensure that all staff, students and others within a school administrative unit school 
or facility are properly wearing personal protective equipment as determined by the Maine 
Center for Disease Control and Prevention; and
4.  Report compliance with the provisions of subsections 1, 2 and 3 pursuant to Title 
20-A, section 1056.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires school superintendents, during a health-related state of emergency, 
to comply with any health-related executive orders and proclamations made by the 
Governor and any directives and guidance issued by the director of the Maine Center for 
Disease Control and Prevention within the Department of Health and Human Services and, 
while the state of emergency is in effect, send a monthly report, copied to the school board, 
on all the steps the school administrative unit is taking to comply with any health-related 
executive order, proclamation, directive or guidance.