An Act to Allow Schools to Expel Students for Committing Sexual
Maine Legislature, Session 132, LD 2204
Committee: Education and Cultural Affairs
Sponsors: HICKMAN
Amends: 20-A MRSA §1001

Legislative Document
No. 2204
S.P. 897
In Senate, February 10, 2026
An Act to Allow Schools to Expel Students for Committing Sexual 
Assault
(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 Senator HICKMAN of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1001, sub-§9, as amended by PL 2021, c. 295, §3 and c. 320, 
§2, is further amended by amending the first blocked paragraph to read:
A student may be readmitted on satisfactory evidence that the behavior that was the cause 
of the student being expelled will not likely recur.  The school board may authorize the 
principal to suspend students up to a maximum of 10 days for infractions of school rules, 
except that the school board may not authorize the principal to issue an out-of-school 
suspension to a student who is enrolled in grade 5 or below except as provided under 
subsection 9-A or 9-E or unless the principal determines that there is an imminent danger 
of serious physical injury to the student or others and less restrictive interventions would 
be ineffective.  An out-of-school suspension for a student who is enrolled in grade 5 or 
below may not exceed 3 days, except as provided under subsection 9-E.  The school board 
may authorize the superintendent or principal to modify, in writing, the requirement for 
expulsion of a student on a case-by-case basis.  In addition to other powers and duties under 
this subsection, the school board may develop a policy requiring a student who is in 
violation of school substance use or possession rules to participate in substance use disorder 
services as provided in section 6606. Nothing in this This subsection or and subsection 9‑C 
prevents do not prevent a school board from providing educational services in an alternative 
setting to a student who has been expelled.
Sec. 2.  20-A MRSA §1001, sub-§9-E is enacted to read:
9-E.  Students expelled for sexual assault.  A school board shall adopt a policy for 
expelling a student enrolled in any grade who is determined to have committed sexual 
assault as described in Title 17-A, chapter 11 on school grounds or other school property 
and for referring the matter to the appropriate local law enforcement agency. 
A.  A student who is determined to have committed sexual assault must be expelled 
from school for a period of not less than one year, except that a school board may 
authorize the superintendent to modify in writing the requirement for expulsion of a 
student on a case-by-case basis.  A decision to change the placement of a student with 
a disability must be made in accordance with the federal Individuals with Disabilities 
Education Act, 20 United States Code, Section 1400 et seq. 
B.  This subsection does not prevent a school board from providing educational 
services in an alternative setting to a student who has been expelled. 
C.  In accordance with the proper investigation and due process provisions required in 
subsection 9, a principal may suspend immediately for good cause a student who is 
determined to have committed sexual assault on school grounds or other school 
property under this subsection. 
Sec. 3.  20-A MRSA §1001, sub-§15, ¶J, as enacted by PL 2021, c. 295, §4, is 
amended to read:
J.  Establish that an out-of-school suspension or expulsion may not be issued to a 
student in grade 5 or below except as provided under subsection 9 or, 9‑A or 9-E or 
unless the principal determines that there is an imminent danger of serious physical 
injury to the student or others and less restrictive interventions would be ineffective; 
and
Sec. 4.  20-A MRSA §1001, sub-§15, ¶K, as enacted by PL 2021, c. 295, §4, is 
amended to read:
K.  Establish that an out-of-school suspension for a student in grade 5 or below may 
not exceed 3 days, except as provided under subsection 9-E.
SUMMARY
This bill requires school boards to adopt a policy for expelling a student enrolled in any 
grade who is determined to have committed sexual assault on school grounds or other 
school property and for referring the matter to the appropriate local law enforcement 
agency.  The bill requires that, in accordance with the proper investigation and due process 
provisions, a student who is determined to have committed sexual assault must be expelled 
from school for a period of not less than one year, except that a school board may authorize 
the superintendent to modify in writing the requirement for expulsion of a student on a 
case-by-case basis.