An Act To Create the Office of the Education Ombudsman and To Establish a Commission To Study the Creation of a Reporting and Response System To Assist Public Schools in Addressing Incidents of Bias, Discrimination and Harassment
Maine Legislature, Session 130, LD 1512
Committee: Education and Cultural Affairs
Sponsors: GERE, BABBIDGE, BAILEY, MADIGAN, MILLETT, ROEDER, WARREN, DAUGHTRY

Legislative Document
No. 1512
H.P. 1120
House of Representatives, April 15, 2021
An Act To Create the Office of the Education Ombudsman and To 
Establish a Commission To Study the Creation of a Reporting and 
Response System To Assist Public Schools in Addressing Incidents 
of Bias, Discrimination and Harassment
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 GERE of Kennebunkport.
Cosponsored by Representatives: BABBIDGE of Kennebunk, BAILEY of Gorham, 
MADIGAN of Waterville, McCREA of Fort Fairfield, MILLETT of Cape Elizabeth, ROEDER 
of Bangor, WARREN of Scarborough, Senator: DAUGHTRY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA c. 15 is enacted to read:
CHAPTER 15
EDUCATION OMBUDSMAN
§971.  Office created
The Office of the Education Ombudsman is established within the Executive 
Department and is autonomous from any other state agency.  
§972.  Appointment
The Governor shall appoint an education ombudsman to head the Office of the 
Education Ombudsman, who is referred to in this chapter as "the education ombudsman," 
subject to review and confirmation by the legislative committee under subsection 2.
1.  Qualifications.  The education ombudsman appointed under this section must be a 
person of recognized judgment, independence, objectivity and integrity and must be 
qualified by training or experience or both in the following areas:
A.  Public education law and policy in this State; 
B.  Dispute resolution or problem resolution techniques, including mediation and 
negotiation; and
C.  Community outreach. 
The education ombudsman may not be an employee of a school administrative unit or the 
department or other state agency while serving as education ombudsman. 
2.  Legislative committee.  Before appointing the education ombudsman, the Governor 
shall share information regarding the appointment with a legislative committee for approval 
and confirmation.  The legislative committee is appointed and comprised as follows:
A.  Three members of the Senate, appointed by the President of the Senate, with 2 
members representing the party holding the largest number of seats in the Senate and 
one member representing the party holding the 2nd largest number of seats in the 
Senate; and
B.  Three members of the House of Representatives, appointed by the Speaker of the 
House, with 2 members representing the party holding the largest number of seats in 
the House of Representatives and one member representing the party holding the 2nd 
largest number of seats in the House of Representatives.
§973.  Duties
The education ombudsman has the following powers and duties:  
1.  Information.  To provide information to students, parents and interested members 
of the public regarding the State's public school system;
2.  Involvement.  To identify obstacles to greater parent and community involvement 
in shared school decision-making processes and to recommend strategies for helping 
parents and community members to participate effectively in shared school decision-
making processes, including understanding and respecting the roles of school 
administrators and staff;
3.  Success rates.  To identify and recommend strategies for improving the success 
rates of ethnic and racial minority students and students with disabilities identified as 
having disproportionately lower academic achievement;
4.  Complaints.  To facilitate the resolution of complaints made by parents and students 
with regard to the State's public school system;
5.  Reference.  To refer complainants and others to appropriate resources, agencies and 
departments;
6.  Consultation.  To consult with representatives of the following organizations and 
groups regarding the work of the Office of the Education Ombudsman, including, but not 
limited to:
A.  School employees; 
B.  School and school administrative unit administrators; 
C.  Parents of special education students; 
D.  Parents of English learners as defined in section 15672, subsection 7-B; 
E.  The Maine Human Rights Commission established under Title 5, section 12004-G, 
subsection 15; 
F.  The Permanent Commission on the Status of Racial, Indigenous and Maine Tribal 
Populations established under Title 5, section 25001; 
G.  The department; and
H.  A statewide organization that advocates for students with disabilities; and
7.  Other functions.  To perform other functions consistent with the purpose of the 
education ombudsman.
§974.  Liability for good faith performance; privileged communications
1.  Liability.  The education ombudsman is not liable for the good faith performance 
of the education ombudsman's responsibilities under this chapter. 
2.  Information.  An action that is discriminatory, disciplinary or retaliatory may not 
be taken by a school administrative unit against a student or employee of that school 
administrative unit or an employee of the department for a communication made or 
information given or disclosed to aid the education ombudsman in carrying out the 
education ombudsman's duties under this chapter unless that communication was made or 
that information was given in bad faith or maliciously. 
3.  Privileged communication.  A communication by the education ombudsman or the 
education ombudsman's designee or a member of the Office of the Education Ombudsman 
staff, if reasonably related to the education ombudsman's powers and duties and made in 
good faith, is privileged and may not be made the subject matter or basis in any action of 
slander or libel in any court in this State. 
§975.  Confidentiality
The education ombudsman shall treat all matters of the Office of the Education 
Ombudsman, including the identities of students, complainants and individuals from whom 
information is acquired, as confidential except as necessary to enable the education 
ombudsman to perform the education ombudsman's duties under this chapter.  Upon receipt 
of information that is confidential or privileged under section 974, the education 
ombudsman shall maintain the confidentiality of that information and may not disclose or 
disseminate that information except as provided by applicable state or federal law. 
§976.  Annual reports
The education ombudsman shall report to the Governor, the Legislature and the 
department beginning September 1, 2022 and annually thereafter on the work and 
accomplishments of the Office of the Education Ombudsman.  The report must include at 
a minimum the following information: 
1.  Service data.  How the education ombudsman's services have been used and by 
whom, including aggregated data on the types of, nature of and trends in complaints;
2.  Family and community involvement.  Recommendations regarding the 
elimination of barriers and obstacles to meaningful family and community involvement in 
public education and methods for the education ombudsman to increase and enhance that 
involvement; and
3.  Educational opportunities.  Strategies to improve the educational opportunities 
for all students in the State, including recommendations from relevant organizations and 
groups. 
§977.  Public school harassment prevention policies and strategies
In addition to the education ombudsman's duties under section 973, the Office of the 
Education Ombudsman shall serve as the lead agency to provide resources and tools to 
parents and families about public school harassment prevention policies and strategies and 
to expand the tools, information and strategies that can be used to combat harassment, 
intimidation and bullying of students and increase awareness of the need for respectful 
learning communities in all public schools.
Sec. 2.  Commission to study the creation of a diversity, equity and 
inclusion reporting and response system.  The Department of Education shall 
establish a commission to study the creation of a diversity, equity and inclusion reporting 
and response system to assist school administrative units, staff, students and families in 
addressing incidents of bias, harassment and discrimination in public schools in the State 
and to report to the department its findings.
1.  Participation.  In establishing the commission, the department shall invite the 
participation of persons representing:
A.  School administration and staff;
B.  Students;
C.  Community organizations with expertise in diversity, equity and inclusion; and
D.  The Maine Human Rights Commission. 
2.  Duties.  The commission shall:
A.  Assess and determine the need for a system to document incidents of bias, 
harassment and discrimination, respond to such incidents and provide remedies for the 
effect of such incidents in order to advance diversity, equity and inclusion goals in 
public schools in the State;
B.  Investigate models and best practices and develop a process for reporting, 
intervention and restoration in incidents described in this section, policy review and 
ongoing training and community building; and
C.  Develop a plan for making a cost-effective reporting and response system available 
statewide.  The plan developed under this paragraph must include:
(1)  Investigating incidents and redressing wrongs through a restorative justice 
process where applicable;
(2)  Assisting students in building relationships founded on mutual respect;
(3)  Educating teachers on creating cultures of inclusion and belonging and on 
addressing conflicts; and
(4)  Developing staff and schoolwide workshops and education programs focused 
on repairing harm to the community, building shared expectations and creating an 
inclusive and respectful learning community.
SUMMARY
This bill creates the Office of the Education Ombudsman within the Executive 
Department, which serves as an information resource and complaint facilitator for parents 
and students in the State's public school system.  The education ombudsman also consults 
and makes recommendations regarding parent and community involvement in school 
decision-making processes and strategies for improving the success rates of ethnic and 
racial minority students and students with disabilities identified as having 
disproportionately lower academic achievement.
The bill also directs the Department of Education to establish a commission to study 
the creation of a diversity, equity and inclusion reporting and response system to assist 
school administrative units, staff, students and families in addressing incidents of bias, 
harassment and discrimination in public schools in the State.