An Act To Protect Student Privacy
Maine Legislature, Session 130, LD 0331
Committee: Judiciary
Sponsors: McCREIGHT, DAUGHTRY, BRENNAN, DODGE, FECTEAU, STEARNS, DESCHAMBAULT, DIAMOND
Amends: 1 MRSA §402

Legislative Document
No. 331
H.P. 235
House of Representatives, February 8, 2021
An Act To Protect Student Privacy
Received by the Clerk of the House on February 4, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator DAUGHTRY of Cumberland and
Representatives: BRENNAN of Portland, DODGE of Belfast, FECTEAU of Augusta, 
McCREA of Fort Fairfield, STEARNS of Guilford, Senators: DESCHAMBAULT of York, 
DIAMOND of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  1 MRSA §402, sub-§3, ¶U, as amended by PL 2019, c. 667, Pt. B, §4, is 
further amended to read:
U.  Records provided by a railroad company describing hazardous materials 
transported by the railroad company in this State, the routes of hazardous materials 
shipments and the frequency of hazardous materials operations on those routes that are 
in the possession of a state or local emergency management entity or law enforcement 
agency, fire department or other first responder, except that records related to a 
discharge of hazardous materials transported by a railroad company that poses a threat 
to public health, safety and welfare are subject to public disclosure after that discharge.  
For the purposes of this paragraph, "hazardous material" has the same meaning as set 
forth in 49 Code of Federal Regulations, Section 105.5; and
Sec. 2.  1 MRSA §402, sub-§3, ¶V, as enacted by PL 2017, c. 118, §3, is amended 
to read:
V.  Participant application materials and other personal information obtained or 
maintained by a municipality or other public entity in administering a community well-
being check program, except that a participant's personal information, including health 
information, may be made available to first responders only as necessary to implement 
the program. For the purposes of this paragraph, "community well-being check 
program" means a voluntary program that involves daily, or regular, contact with a 
participant and, when contact cannot be established, sends first responders to the 
participant's residence to check on the participant's well-being.;
Sec. 3.  1 MRSA §402, sub-§3, ¶W is enacted to read:
W.  Video and audio recordings made by security or surveillance cameras on school 
grounds as defined in Title 20-A, section 6554, subsection 2, paragraph E; and
Sec. 4.  1 MRSA §402, sub-§3, ¶X is enacted to read:
X.  Any live or recorded interactive lessons or classes taught by public school staff for 
public school students and shared through electronic platforms or recordings in which 
students can be seen or heard.
SUMMARY
This bill provides that the following are not public records under the Freedom of 
Access Act:
1.  Video and audio recordings made by security or surveillance cameras on school 
grounds or in school-related transportation vehicles; and 
2.  Live or recorded classes taught by public school staff in which students can be seen 
or heard.