An Act to Protect Students by Ensuring Schools Have Complete
Maine Legislature, Session 132, LD 2192
Committee: Education and Cultural Affairs
Sponsors: ROTUNDO, MOONEN
Amends: 20-A MRSA §6101, 20-A MRSA §13004, 20-A MRSA §13025

Legislative Document
No. 2192
S.P. 893
In Senate, February 3, 2026
An Act to Protect Students by Ensuring Schools Have Complete 
Information About School Employees and Applicants for 
Employment
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator ROTUNDO of Androscoggin.
Cosponsored by Representative MOONEN of Portland and
Senators: DUSON of Cumberland, PIERCE of Cumberland, RAFFERTY of York, 
Representatives: BRENNAN of Portland, CARLOW of Buxton, MCINTYRE of Lowell, 
MITCHELL of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §6101, sub-§2, ¶B, as amended by PL 1995, c. 547, §4, is 
further amended by amending subparagraph (6) to read:
(6)  Complaints, charges of misconduct, replies to complaints and charges of 
misconduct and memoranda and other materials pertaining to disciplinary action.  
Notwithstanding this subparagraph or any other law or rule to the contrary, this 
information and any other information obtained by a school entity in an 
investigation of an employee or applicant for employment regarding conduct 
involving alcohol; illegal drugs; physical abuse; emotional abuse; inappropriate 
contact between an employee and a student or an employee and another employee; 
harassment as described in Title 5, chapter 337-A; sexual assault as described in 
Title 17-A, chapter 11; stalking as described in Title 17-A, section 210-A; sexual 
exploitation of a minor as described in Title 17-A, chapter 12; or similar behavior 
that endangers the health, safety or welfare of a student or another employee must 
be shared with other school entities as provided in section 13025.  For purposes of 
this subparagraph, "school entity" has the same meaning as in section 13025, 
subsection 1, paragraph C;
Sec. 2.  20-A MRSA §13004, sub-§2, ¶A, as enacted by PL 1981, c. 693, §§5 and 
8, is amended to read:
A.  School boards and, superintendents and school entities screening applicants for 
employment or investigating credential holders pursuant to section 13025;
Sec. 3.  20-A MRSA §13025, as amended by PL 2023, c. 643, Pt. Z, §2, is further 
amended by amending the section headnote to read:
§13025.  Investigations of credential holders; hiring requirements for applicants
Sec. 4.  20-A MRSA §13025, sub-§1, ¶B, as amended by PL 2019, c. 403, §1, is 
further amended to read:
B.  "Covered investigation" means an investigation by a school entity into the conduct 
of a holder of a credential that a school entity has a reasonable expectation would affect 
the credential holder's employment or contracted service because the alleged conduct 
involves alcohol,; illegal drugs,; physical abuse,; emotional abuse,; inappropriate 
contact between a credential holder and a student, or a credential holder and another 
credential holder; harassment as described in Title 5, chapter 337-A; sexual assault as 
described in Title 17-A, chapter 11; stalking as described in Title 17-A, section 210-A; 
sexual exploitation of a minor as described in Title 17-A, chapter 12; or similar 
behavior that endangers the health, safety or welfare of a student or another credential 
holder.
Sec. 5.  20-A MRSA §13025, sub-§3, as amended by PL 2019, c. 403, §1, is 
repealed and the following enacted in its place:
3.  Duties of school entities; covered investigations.  The following provisions apply 
to school entities conducting covered investigations of credential holders.
A.  A school entity shall begin a covered investigation upon learning of alleged conduct 
involving alcohol; illegal drugs; physical abuse; emotional abuse; inappropriate contact 
between a credential holder and a student or a credential holder and another credential 
holder; harassment as described in Title 5, chapter 337-A; sexual assault as described 
in Title 17-A, chapter 11; stalking as described in Title 17-A, section 210-A; sexual 
exploitation of a minor as described in Title 17-A, chapter 12; or similar behavior that 
endangers the health, safety or welfare of a student or another credential holder by a 
credential holder.  Any notice is sufficient; a formal complaint is not required to initiate 
a covered investigation.
B.  A school entity shall notify the department immediately if a credential holder who 
is the subject of a covered investigation leaves the school entity's employment for any 
reason prior to the conclusion of the covered investigation.
C.  A school entity shall complete a covered investigation once it has been initiated.
D.  A school entity shall notify the department immediately if a credential holder is 
disciplined, suspended or terminated because of a covered investigation in which the 
school entity determined that a student's or another credential holder's health, safety or 
welfare was endangered.
E.  The school entity shall provide to the department any final report produced in 
support of the school entity's decision to discipline, suspend or terminate the credential 
holder.  The credential holder who is the subject of the report may submit to the 
department a written rebuttal to the report.  The written rebuttal must be placed in the 
department's investigative file.
Sec. 6.  20-A MRSA §13025, sub-§3-A is enacted to read:
3-A.  Duties of school entities; applicants for employment.  The following 
provisions apply to school entities when hiring applicants for employment. 
A.  Prior to offering to hire an applicant for employment, a school entity shall require 
the applicant to provide:
(1) A list, including the name, address, telephone number and other relevant 
contact information of the applicant's: 
(a) Current employer; 
(b) Former employers within the last 20 years that were school entities; and 
(c) Former employers within the last 20 years where the applicant was 
employed in a position that involved direct contact with children; 
(2) A written authorization that consents to and authorizes the disclosure of 
information and release of records requested under this subsection and that releases 
employers from liability that may arise from the disclosure of information and 
release of records; and
(3) A written statement as to whether the applicant: 
(a) Has ever been the subject of any investigation by any employer, state 
licensing agency, law enforcement agency or department of health and human 
services regarding conduct involving alcohol; illegal drugs; physical abuse; 
emotional abuse; inappropriate contact between the applicant and a student or 
the applicant and another employee; harassment as described in Title 5, chapter 
337-A; sexual assault as described in Title 17-A, chapter 11; stalking as 
described in Title 17-A, section 210-A; sexual exploitation of a minor as 
described in Title 17-A, chapter 12; or similar behavior that endangers the 
health, safety or welfare of a student or another employee, even if the 
investigation resulted in a finding that the allegations were false or not 
substantiated; 
(b) Has ever been disciplined, discharged or asked to resign from employment 
or has resigned from or otherwise separated from any employment while 
allegations of conduct involving alcohol; illegal drugs; physical abuse; 
emotional abuse; inappropriate contact between the applicant and a student or 
the applicant and another employee; harassment as described in Title 5, chapter 
337-A; sexual assault as described in Title 17-A, chapter 11; stalking as 
described in Title 17-A, section 210-A; sexual exploitation of a minor as 
described in Title 17-A, chapter 12; or similar behavior that endangers the 
health, safety or welfare of a student or an employee were pending or under 
investigation or due to an adjudication or finding of any of the same; or
(c) Has ever had a credential, license, professional license or certificate 
suspended, surrendered or revoked while allegations of conduct involving 
alcohol; illegal drugs; physical abuse; emotional abuse; inappropriate contact 
between the applicant and a student or the applicant and another employee; 
harassment as described in Title 5, chapter 337-A; sexual assault as described 
in Title 17-A, chapter 11; stalking as described in Title 17-A, section 210-A; 
sexual exploitation of a minor as described in Title 17-A, chapter 12; or similar 
behavior that endangers the health, safety or welfare of a student or an 
employee were pending or under investigation or due to an adjudication or 
finding of any of the same. 
An applicant who provides false information or fails to disclose required information 
is subject to discipline, including denial of employment, and may be subject to 
professional discipline. 
B.  Prior to offering to hire an applicant for employment, a school entity shall conduct 
a review of the employment history of the applicant by contacting employers listed 
pursuant to paragraph A, subparagraph (1) to verify employment history and to request 
the following information: 
(1) The dates of employment of the applicant; and
(2) A statement as to whether the applicant: 
(a) Was ever the subject of any investigation by any employer, state licensing 
agency, law enforcement agency or department of health and human services 
regarding conduct involving alcohol; illegal drugs; physical abuse; emotional 
abuse; inappropriate contact between the applicant and a student or the 
applicant and another employee; harassment as described in Title 5, chapter 
337-A; sexual assault as described in Title 17-A, chapter 11; stalking as 
described in Title 17-A, section 210-A; sexual exploitation of a minor as 
described in Title 17-A, chapter 12; or similar behavior that endangers the 
health, safety or welfare of a student or an employee, even if the investigation 
resulted in a finding that the allegations were false or the alleged conduct was 
not substantiated; 
(b) Was disciplined, discharged or asked to resign from employment or 
resigned from or otherwise separated from any employment while allegations 
of conduct involving alcohol; illegal drugs; physical abuse; emotional abuse; 
inappropriate contact between the applicant and a student or the applicant and 
another employee; harassment as described in Title 5, chapter 337-A; sexual 
assault as described in Title 17-A, chapter 11; stalking as described in Title 
17-A, section 210-A; sexual exploitation of a minor as described in Title 17-A, 
chapter 12; or similar behavior that endangers the health, safety or welfare of 
a student or an employee were pending or under investigation or due to 
adjudication or finding of any of the same; or 
(c) Has ever had a credential, license, professional license or certificate 
suspended, surrendered or revoked while allegations of conduct involving 
alcohol; illegal drugs; physical abuse; emotional abuse; inappropriate contact 
between the applicant and a student or the applicant and another employee; 
harassment as described in Title 5, chapter 337-A; sexual assault as described 
in Title 17-A, chapter 11; stalking as described in Title 17-A, section 210-A; 
sexual exploitation of a minor as described in Title 17-A, chapter 12; or similar 
behavior that endangers the health, safety or welfare of a student or an 
employee were pending or under investigation or due to an adjudication or 
finding of any of the same. 
C.  Prior to offering to hire an applicant for employment, a school entity shall check 
the eligibility for employment or certification status of the applicant to determine 
whether the applicant holds valid and active certification appropriate for the position 
and is otherwise eligible for employment and whether the applicant has been the subject 
of professional discipline. 
D.  Prior to offering to hire an applicant for employment, a school entity shall request 
records of previous covered investigations from the department. 
E.  No later than 14 days after receiving a request for information under paragraph B, 
an employer that has or had an employment relationship with the applicant shall 
disclose to the school entity the information requested.  Review of the employment 
history may be conducted through telephonic, electronic or written communication.  If 
the review is conducted by telephone, the school entity shall document in writing the 
results of the review.  Information from former or current employers must be recorded 
on a standardized form developed by the department. 
F.  If after a school entity initially reviews information and receives an affirmative 
response under paragraph A, subparagraph (3), divisions (a) to (c) or under paragraph 
B, subparagraph (2), divisions (a) to (c) and the school entity decides to consider the 
applicant for employment, that school entity shall request that former employers 
provide additional material information regarding the matters disclosed. 
G.  Former employers shall provide additional information requested under paragraph 
F no later than 90 days after the school entity's request. 
H.  A school entity may hire an applicant on a provisional basis for no more than 90 
days pending the school entity's review of information and records received under this 
subsection as long as the following are satisfied: 
(1) The applicant has provided all the information and supporting materials 
required; 
(2) The school entity has no knowledge of information regarding the applicant that 
would disqualify the applicant from employment; and 
(3) The applicant swears that the applicant is not disqualified from employment. 
I.  A school entity may not enter into a collective bargaining agreement, an employment 
contract, an agreement for resignation or termination, a severance agreement or any 
other contract or agreement or take any other action that interferes with the operation 
of the mandated reporting of suspected abuse or neglect pursuant to Title 22, section 
4011-A. 
J.  Any provision of a collective bargaining agreement, an employment contract, an 
agreement for resignation or termination or a severance agreement that is executed, 
amended or entered into after the effective date of this subsection and that is contrary 
to this subsection is void. 
Records and information received by a school entity pursuant to this subsection are 
confidential and may be used only for the purpose of evaluating an applicant's fitness to be 
hired or for continued employment.  Information required by this subsection must include 
all conduct of the applicant known by a previous employer, regardless of when the conduct 
occurred.
Sec. 7.  20-A MRSA §13025, sub-§4, as amended by PL 2019, c. 403, §1, is further 
amended to read:
4.  Duties of department.  The department shall act in accordance with this subsection 
do the following.
A.  The department shall notify the superintendent or chief administrative officer of a 
school entity within 15 business days of the department's initiating an investigation into 
a holder of a credential who works for the school entity and shall notify the school 
entity immediately if the department takes action on that credential.  Within 5 business 
days after completion of an investigation, the department shall notify each school entity 
for which the credential holder works of the final outcome of the investigation, 
including, but not limited to, any actions taken, and shall provide to the school entity 
any final written decision.
B.  Immediately upon receipt from a school entity of notification pursuant to subsection 
of  the discipline, suspension or termination of a credential holder, or the leaving of 
employment by a credential holder prior to the completion of a covered investigation 
of that credential holder, the department shall notify the superintendent or chief 
administrative officer of all other school entities for which the credential holder works, 
as reported to the department under section 13026, that the credential holder was 
disciplined, suspended or terminated as a result of a covered investigation, or that the 
credential holder left employment prior to completion of a covered investigation.  If a 
credential holder provides consent as part of that credential holder's application for 
employment with a school entity, the The department shall notify the superintendent 
or the chief administrative officer of that school entity if that credential holder left 
employment with a school entity prior to the completion of a covered investigation of 
that credential holder.
C.  The department shall destroy maintain copies of all records and reports related to a 
finding resulting in discipline, suspension or termination of a credential holder even if 
the finding resulting in that discipline, suspension or termination is reversed upon 
appeal at the school entity level.
Sec. 8.  Report from Department of Education.  The Department of Education 
shall summarize and report to the joint standing committees of the Legislature having 
jurisdiction over education matters and judiciary matters changes in requests from schools 
for information regarding investigations under the Maine Revised Statutes, Title 20-A, 
section 13025, subsection 4.  In collecting this information, the department shall compare 
data from at least 2 years prior to the effective date of this Act with data from at least one 
year after the effective date of the Act.
SUMMARY
This bill strengthens the duties of school entities and the Department of Education in 
vetting applicants for school jobs and in investigating school employees who have 
allegedly committed misconduct and effectively sharing relevant information to protect 
students and other school employees.  Specifically, the bill does the following.
1. It requires applicants to disclose any current or previous investigation by any 
employer, state licensing agency, law enforcement agency or department of health and 
human services regarding conduct involving alcohol, illegal drugs, physical abuse, 
emotional abuse, inappropriate contact between the applicant and a student, stalking, 
harassment, sexual assault, sexual exploitation of a minor or similar behavior that 
endangers the health, safety or welfare of a student or another employee, even if the 
investigation resulted in a finding that the allegations were false or not substantiated.
2. It requires schools to verify employment histories provided by an applicant with the 
applicant's current and former employers and requires schools to provide that information 
within 90 days.
3. It requires schools to notify the department if an employee who is being investigated 
leaves employment before the investigation is completed.
4. It requires schools to ask the department about any current or previous investigations.
5. It clarifies that upon learning of alleged misconduct by an employee, the school must 
begin an investigation; no formal complaint is necessary.
6. It specifies that once a school begins an investigation, it must complete the 
investigation.
7. It specifies that a school must notify the department immediately if an employee is 
disciplined, suspended or terminated because of a covered investigation in which the school 
determined that a student's health, safety or welfare was endangered.
8. It directs the department to summarize and report to the joint standing committees 
of the Legislature having jurisdiction over education matters and judiciary matters changes 
in requests from schools for information regarding misconduct investigations.  The 
department must compare data from at least 2 years prior to the effective date of this 
legislation with data from at least one year after the effective date of the legislation.