An Act to Ensure That a Teacher Who Participates in the Prevention of Dangerous Behavior Is Protected Under a Collective Bargaining Agreement (AFTER DEADLINE)
Maine Legislature, Session 131, LD 1898
Committee: Education and Cultural Affairs
Sponsors: JACKSON, MILLETT, PIERCE, RAFFERTY, BRENNAN, DODGE
Amends: 20-A MRSA §6555

Legislative Document
No. 1898
S.P. 770
In Senate, May 9, 2023
An Act to Ensure That a Teacher Who Participates in the 
Prevention of Dangerous Behavior Is Protected Under a Collective 
Bargaining Agreement
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Cosponsored by Representative MILLETT of Cape Elizabeth and
Senators: PIERCE of Cumberland, RAFFERTY of York, Representatives: BRENNAN of 
Portland, DODGE of Belfast.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §6555, as amended by PL 2021, c. 320, §4, is further amended 
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 made by a 
teacher or school staff person 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 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 and restorative interventions as defined in section 1001, 
subsection 15‑A, paragraph B;
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.
3.  Collective bargaining dispute.  If a public school employee was subjected to the 
dangerous behavior and that employee is covered by a collective bargaining agreement, a 
dispute arising out of the incident of dangerous behavior is subject to the dispute resolution 
process of the collective bargaining agreement.
SUMMARY
This bill clarifies that a dispute involving a public school employee covered by a 
collective bargaining agreement arising out of an incident of dangerous behavior by a 
student is subject to the dispute resolution process of the collective bargaining agreement.