An Act to Increase School Security Through Design and Protocol
Maine Legislature, Session 131, LD 1326
Committee: Education and Cultural Affairs
Sponsors: ANDREWS, STEWART
Amends: 20-A MRSA §13, 20-A MRSA §15908-C

Legislative Document
No. 1326
H.P. 839
House of Representatives, March 23, 2023
An Act to Increase School Security Through Design and Protocol
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative ANDREWS of Paris.
Cosponsored by Senator STEWART of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA c. 763 is enacted to read:
CHAPTER 763
ACTIONS RELATED TO ACTIVE SHOOTINGS IN SCHOOLS
§8951. Liability
Notwithstanding section 8111, if a teacher or staff member of a school keeps a door or 
entryway to the school unlocked or open or allows an unauthorized person entry into the 
school and the unauthorized person injures or kills a person in the school, the teacher or 
staff member is liable to the person who was injured or killed or a family member of that 
person under the provisions of this chapter and chapter 741.
§8952. Damages
Notwithstanding section 8104-D and section 8105, subsection 1, there is no limitation 
on damages in an action brought pursuant to this chapter.
§8953. Construction
This chapter may not be construed to allow a person to sue a school, a school 
administrative unit or any governmental entity operating a school.
Sec. 2.  20-A MRSA §13 is enacted to read:
§13.  Features to defend against active shooters in schools
1. Training.  All teachers and school staff members must be trained on:
A.  The features implemented in schools to defend against active shooters pursuant to 
section 15908-C;
B.  Criminal liability under subsection 2; and
C.  Civil liability under Title 14, chapter 763.
2. Class E crime.  An individual may not:
A. Keep a door or entryway to a school unlocked or open, including by using an object; 
or
B. Allow an unauthorized person entry into a school.
A violation of this subsection is a Class E crime.
Sec. 3.  20-A MRSA §15908-C is enacted to read:
§15908-C.  Features to defend against active shooters
Beginning January 1, 2024, new schools constructed in accordance with this chapter 
and existing schools must meet the requirements of this section.  The design of the schools 
must include features that implement best practices to defend against active shooters 
entering the building, including features relating to force protection, entry and egress 
security and perimeter security and a steel dead bolt on all classroom doors.
SUMMARY
This bill requires schools to include design features that implement best practices to 
defend against active shooters entering the building.  It requires teachers and staff to be 
trained on these features.  It provides that an individual in a school who keeps a door or 
entryway to the school unlocked or open or allows an unauthorized person entry into the 
school commits a Class E crime.  It creates a cause of action under tort law against teachers 
and school staff members for keeping a door or entryway to a school open or unlocked or 
allowing an unauthorized person entry into the school if that person injures or kills someone 
inside the school.