An Act.to Limit
Maine Legislature, Session 132, LD 1222
Committee Amendment CA_A_H555 (House)
Amends: 14 MRSA §8

^ COMMITTEE AMENDMENT 'W to H.P.'797> L.D, 1222. "An Act.to Limit
Sovereign Immunity for Schools and School Superintendents"
Amend the bill by striking out the titie and substituting the following:
'An Act to Limit Sovereign Immunity for School Administrative Units and School
Superintendents'. .
. Amend the bill by inserting after the.tit.le and,before the enacting clause the following;
} 5 Mandate preamble. This measure requii-es one or. m'ore local units. of govemm&nt
to expand or modify activities so as to necessitate, additional expenditures, from .local
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to
die Constitution of Maine, Article IX, Section 21,2/3 of all of the members elected to each
House have determined it necessary to enact this measure/
Amend the bill in section 3 in subsection 5 in the last line (page 1, line 10 in L.D.) by
striking out the following; "sybsectionj" and inserting the following: 'subsection 2'
Amend the bill in section 4 in subsection 3 in the last line (page I, line 21 in L,D.) by
striking out the following; "sybsection 1" and inserting the following; 'subsection 2'
Amend the bill by striking out all of section 5 and inserting the following:
'See. 5. 14 MRSA §8l04-E is enacted to read:
S8104-E. School administrative units and schoo! superintendents
I. Definitions. For thejsyrposes of this section, unless the context otherwise indicates,
the followine terms have the followina meanings,
A. "Failure to report" includes any act of suppressing, delaying or discouragmie a staff
0 member, student or parent from repQrtine abuse or misconduct or ienoring abuse or
misconduct,
COMMITTEE AMENDMENT
ROS
COMMI'ITEE AMENDMENT "fv" to H.P, 797, L.D. 1222 . . . . ..
B^J'Groomine behavior" means any deliberate cQnducUntended to establish an
emotionai connection or trust with a minor for the_tHimos_e! Qfsexual_abuse,_exeio_itatmn
or manipulatioidi
C, "Gross ne&lieence" includes reckless disreaard or conscious indifference to a kniown
or obviQus'risk to student safety,
2. Limited immunity for school administrative units and school suDerintendcnts.
Nohvithstandine the m'ovisions of section 8103. this chapter does not erant iinmua itv to a
sdiQol administrative unit or school superintendent for. tort claims seekine. recovery of
damages'based on the followmg^Qnduct .... • . ..
A. A discretionaiy policy decision involvmg gross negligence or wiltful misconduct^
B. A failure to act on known or reported sexual misconduct, ^roQmmgbeliaviQr. abuse
QLex33lQitation involvine any student or staffmem bet- under the school a'dm.inistfatfve
unit's or school sut)erintend@nt'_s..aurii(?iltY; •: . : ."" •''
M C_._A failure to report suspected abuse or iwelect to a law enforcemetit aeencY_or the
[5 Deoarhnent of Health and Human Services as reauired under subsection 4 and.Title
22. section 4011-A:
D, Knowingly reassifinine. rehirine or concealine an Individual who is the tarffet of a
} 8 ei'edibje.i.nyjsstigation for misconduct that could endaneer students;
E, Willful misconduct; or
F. Criminal activity.
3> Notice required. A coniplaint for conduct under subsection 2. pat'agraphs A fo:P
may not be filed unless the plaintiff has provided written notice to the schno! admJm.strative
unit or schQol superintendent at least 60 days pfior to filine die conrplaint. The school
administrative unit or school superintendent may Jnves'tiKate or resolve the matter throu%h
mediation or admmistrative review durine the notice_Berjod_underj:his subsectjorL
4. School employees and staff niembers. This section does not at?i?ly_to__schoQl
emDlovees or staff •members. inoiudina teachers, actine within the course and scQ&eof
empioymenfforthe school administrative un it, except in cases of gross neeligence. wjilfu}
niisconduct or criminal activity, A sohool administrative unit shall indemnift/ all staff
members and employees fofa claim arising out of an act by a school adrmnistrative unit
staff member or employee performing an official duty.
5. Mandatory reoorfine. Each schoQi administt'ative unit shail establish. Dublish and
3 enforce a mandatory repoitinfl: DQlicv oonsistent with the Child and Family Services and
Child Protection Act. ttictudmg,requirements to;
5 A, Investieate credible complaints of educator misconduct;
6 B, PrQmRtlv report known or suspected abuse or efoomine behavior to an auDroDriate
Jaw enforcement agency not within the school admuiistrative unit and to the
Department of Health and Human Services:
, C. Maintain documentation reeardine outcomes of educators' misconduct complaints
40. or disciplinary action taken aeajnst educators based on those compiaints; and
D, Prevent the reassignment of any school employee or staff member under
investieation for misconduct
Page2'132LR1618(02)
COMMITTEE AMENDMENT
ROS
COMMHTEE AMENDMENT " ^ to H.P.797, L.D, 1222 " ' ' ,. . '"''
Failure to comply with this subsection may be considered grounds for civil liability under
subsection 2.
6. Liability insurance. A school administrative unit shall maintain liability insurance
coverage sufficient to cover a potential claim involving conduct under subsection 2.
paraRraohs A to F. The Department of Education may establish a fund or provide other
fmancial support to a school administrative unit to. carry out the Durposes of this subsection,
7.,JReDort. Beeinnme October 1» 2027 and annually thereafter, the Departiuent of
Education shall submit a report tothe iQint standLne committee of the Leeisiature havin&
[yrisdiction over education matters on the impact and effectiveness of this section.'
Amend the bill by relettering or renumbering any nonconsecutive Part ietter or section
number to read consecutively.
{2 SUMMARY
Tins amendment changes the titls of the bill and clarifies the bill's provisions that
immunity under the Maine Tort Claims Act does not apply to school administrative units
and school superintendents for certain conduct involving a discretionaiy policy involving
failure to report gross negligence, willful misconduct or criminal activity. The amendment
also requires the establishment of a mandatory reporting policy for any credible complaint
j 8 of educator misconduct, including suspected abuse or grooming behavior.
The amendment also adds a mandate preamble.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 05/09/25
£-fSC.
LD 1222 LR 1618(02)
An Act to Limit Sovereign Immunity for Schools and School Superintendents
Fiscal Note for Bill as Amended by Committee Amendment ^ (}.^.IQ^<
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Potential State Mandate - Unfunded
Correctional and Judicial Impact Statements
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the
minimal number of new cases filed in the court system does not require additional funding at this time. The collection
of additional filing fees will increase General Fuad revenue by minor amounts.
State Mandates
Required Activity Unit Affected Local Cost
Removes immunity under the Maine Tort Claims Act for school superintendents, School Significant
school administrative units (SAUs) or schools within the SAU's jurisdiction for statewide
certain conduct thus expanding the areas in which SAUs may potentially need legal
services, Requires SAUs to maintain liability insurance coverage sufficient to cover
potential claims that may occur as a result of the removed immunity.
The required locai activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill
does require a local unit of government to expand or modify its activities so as to necessitate additional expenditures
from local revenue, the state mandate provisions of the Constitution of Maine require either: (1 ) General Fuiul
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a
Mandate Preamble be added to the bill and two-fhirds of the members of each House vote to exempt the mandate from
the funding requu-ement. If the bill does represent a state mandate and neither one of these actions occurs, die local
units of government will not be required to implement the masdated activities.
Fiscal Detail and Notes
Additional costs to the Department of Education to submit the required report beginning in fiscal year 2027-28 can be
absorbed within existing budgeted resources.
LR1618(02)-FiscalNote-Page 1 ofl