An Act to Protect Students by Ensuring Schools Have Complete Information
Maine Legislature, Session 132, LD 2192
Committee Amendment CA_A_SA_A_S652 (Senate)
Amends: 20-A MRSA §13025

SENATE AMENDMENT " f\ " to COMMHTEE AMENDMENT "A" to S.P. 893,
L.D, 2192» "An Act to Protect Students by Ensuring Schools Have Complete Information
About School Employees and Applicants for Employment"
Amend the amendment by striking out all of sections 1,2,3 and 4.
Amend the amendment by inserting after section 4 the following:
'See. 5. 20-A MRSA §13025, as amended by PL 2023, c. 643, Pl. Z, §2, is further
amended to read;
§13025. Investigations
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
B. "Covered investigation" means an investigation by a school entity into the conduct
of a holder of a credential school employee that a school entity has a reasonable
expectation would affect the orodcntial holder's school employee's employment or
contracted service because the alleged conduct involves alcohol^ illegal dmgs^
physical abuse^ emotional abusc^ inappropriate contact between a credential holder
school employee and a student? or a school employee and another school emplovee:
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 school employee.
B-l. "School employee" means any person employed bv a school, includine. but not
limited to. a credential holder, who is subject to the requirements of section 6103.
C. "School entity" means an approved private school, school administrative unit,
public charter school, education service center, school in the unorganized territory or
school operated by the State.
2. Subpoenas. When conducting an investigation relating to the credentialing of
personnel under chapter 501 and this chapter and rules of the state board, the commissioner
may issue subpoenas for education records relevant to that investigation,
2-A. Duties of superintendents. Upon receipt of a complaint related to alleaed
misconduct by a school employee, a superintendent of a school entity shall conduct a
SENATE AMENDMENT
SENATE AMENDMENT " A " to COMMITTEE AMENDMENT "A" to S.P. 893, L,D. 2192 ffi- (j^^
covered investieation. The superintendent shall notify the department immediately upon
iniUatine a covered investieation. For the purposes of this subsection. misconduct means
any conduct described in subsection 1. oaraeraph B.
3. Duties of school entitles. A school entity shall immediately place on paid leave a
school employee who is tho subject of a covered investieation. A school entity shall notify
the department immediately if a 6)Fe^ents»l-hek}« school employee 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. A school entity shall complete a covered
investigation, even if the subject of the investiaation resigns. is terminated or otherwise
leaves employment with the school entity prior to the conclusion of the investiaation. A
school entity shall notify the department immediately of the findings and final outcome of
any covered investieation. includine. but not limited to, if the school entity determines that
the allefiations of misconduct were false or unsubstantiated or if a emleatial holder school
employee is disciplined, suspended or terminated as a result of a covered investigation in
which the school entity determined that a student's or another school employee's health,
safety or welfare was endangered, 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 school emolovee. The oredential holder school employee
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.
Prior to offerina employment to an applicant, a school entity shall review the applicant's
educator credentialina records or other school emulovee records maintained by the
department to determine whether the applicant holds a valid and active certification
aoprooriate for the position or is otherwise eliaible for employment and whether any
notation has been entered on the applicant's records pursuant to subsection 4. paraaraohs D
and E. and. if so. the current status of that notation.
4. Duties of department. The department shall act in accordance with this subsection.
A. The department shall notify the superintendent or chief administrative officer of a
school entity within 1 5 business days of the department's initiating an investigation into
a holder of a orodontial school employee who works for the school entity and shall
notify the school entity immediately if the department takes action on that credential
against the school employee. Within 5 business days after completion of an
investigation, the department shall notify each school entity for which the oredential
feeye? school employee 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
3 of the discipline, suspension or termination of a credential holder school employee.
or the leaving of employment by a ewdeattaHteWey school employee prior to the
completion of a covered investigation of that efede&tiel-heyw school employee, the
department shall notify the superintendent or chief administrative officer of all other
school entities for which the wed^rttftHtey^ school employee works, as reported to
the department under section 13026, that the credential holder school employee was
disciplined, suspended or terminated as a result of a covered investigation, or that the
credential holder school employee left employment prior to completion of a covered
investigation. If a credential holder provides oonsont as part of that credential holder's
Page2-132LR2853(85)
SENATE AMENDMENT
SENATE AMENDMENT "1^ " to COMMITTEE AMENDMENT "A" to S.P. 893, L.D. 2192(
^
application for omploymont with a sohool entity, tho dopurtmont ahall notify tho
superintendent or the chief udtninistrative officor of that school ontity if that oredontial
holdor loft employment with a school entity prior to the completion of a covered
investigation of that oredontial holder.
C. The department shall destroy copies of all records and reports related to a finding
resulting in discipline, suspension or termination of a ewdeittiaMieyeF school
employee if the finding resulting in that discipline, suspension or termination is
reversed upon appeal at the school entity level.
D, Uoon receipt of notification from a school entity pursuant to subsection 3 of the
initiation of a covered investigation, the department shall enter a notation on the
educator credenttalina records or other school employee records maintained by the
deoarhnent for that school employee indicating that a covered investiBation is petidine.
The notation must be visible to superintendents and other authorized school
administrators reviewina school employee records maintained by the department. For
the purposes of this oaraaraoh. "authorized school administrator" means a
superintendent or any individual the superintendent desienates to have superintendent-
level capabilities in the department's online credentialme system,
E, Upon receipt from a school entity of the outcome of a covered JQvestigatisn. the
department shall:
(D If the investieation concludes with a fiAdme that bv a preponderance of the
evidence the school employee committed misconduct, update the notation entered
pursuant to oaraeraph D to reflect that finding: or
d) If the investiaation concludes, after all appeal riahts are exhausted, with a
finding that the school employee did not commit misconduct. remove the notation
entered pursuant to oaraaraoh D.
5. Confidentiality. The department may share information that is confidential
pursuant to section 6101 or 13004 with a school entity in accordance with subsection 4. A
school entity that receives confidential information shall maintain the confidentiality of that
information.
7. Certification hearing officers} immunity. The commissioner shall appoint a
certification hearing officer for covered investigations. For the purposes of this section,
while carrying out their official duties, certification hearing officers appointed pursuant to
this subsection are considered state employees and are entitled to the immunity provided
state employees under the Maine Tort Claims Act.
8. Required disclosure of substantiated investieation regardless of aereement.
Notwithstandina any confidentiality clause or any aereement between the school entity and
a school emolovee. if. bv a Dreoonderance of the evidence, a school entitv determines
through its covered investieation pursuant to subsection 3 that a school emolovee
committed misconduct, the information oertainina to that covered investieation and
findines of misconduct must be disclosed to the department and to auv school entity that
requests that information,'
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or
section number to read consecutively.
Page3-132LR28S3(05)
SENATE AMENDMENT
SENATE AMENDMENT " A " to COMMITTEE AMENDMENT "A" to S.P. 893, L.D. 2192
x0% 1 SUMMARY
This amendment amends Committee Amendment "A" as follows.
1. It expands the definition of "covered investigation" of a school employee to include
misconduct that is harassment as described in the Maine Revised Statutes, 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
school employee. This definition captures misconduct of all school employees and captures
misconduct of a school employee against another school employee, as well as misconduct
against students.
2. Upon receipt of a complaint of alleged misconduct, it requires a superintendent of
a school entity to conduct a covered investigation, instead of a preliminary investigation,
as required under Committee Amendment "A." The amendment retains the provisions of
Committee Amendment "A" that provide that school entities must put anyone who is the
subject of a covered investigation on paid leave, must complete covered investigations once
they've begun, and superintendents must notify the Department of Education immediately
of the outcome of a covered investigation.
3. Upon receipt of notification from a school entity of the initiation of a covered
investigation of a school employee, it requires the Department of Education to enter a
notation on a school employee's educator credentiaUng records or other school employee
records maintained by the department for that school employee indicating that a covered
investigation is pending. The notation must be visible to superintendents and other school
administrators authorized to review educator credentialing records and school employee
records maintained by the department. Upon receipt from a school entity of the outcome of
a covered investigation, the department shall update the notation on the school employee's
file. If the school employee is found to have committed the misconduct, the department
must update the notation to reflect that finding; if the school employee is found to have not
committed the misconduct, the department must remove the notation from the file.
4. It requires that prior to offering employment to an applicant, a school entity must
review the applicant's educator credentiating records or other school employee records
maintained by the department to determine whether the applicant holds a valid and active
certification appropriate for the position or is otherwise eligible for employment and
whether any notation regarding a covered investigation has been entered on the applicant's
records, and, if so, the current status of that notation.
5, It requires that, notwithstanding any confidentiality clause or any agreement
between the school entity and a school employee, if, by a preponderance of the evidence,
a school entity detennines through its covered investigation that the school employee
committed misconduct, the information pertaining to that covered investigation and
Page4-132LR28S3(OS)
SENATE AMENDMENT
SENATE AMENDMENT " IA-" to COMMITTEE AMENDMENT "A" to S,P. 893, L,D, 2192
^
findings of misconduct must be disclosed to the department and to any school entity that
requests that information.
SPONSORED BY:
(Senator RAFF^tY,J.)
COUNTY: York
FISCAL NOTE REQUIRED
(See attached)
Page5-132LR2853(05)
SENATE AMENDMENT
Approved: 04/07/26
iL-KL
LD 2192 LR 2853(05)
An Act to Protect Students by Ensuring Schools Have Complete Information About School Employees
and Applicants for Employment
Fiscal Note for Senate Amendment^" to Committee Amendment "A" C^ '
Sponsor: Sen. Rafferty of York
Fiscal Note Required: Yes
Fiscal Note
Potential current biennium cost increase - School Administrative Units
Fiscal Detail and Notes
This amendment makes several changes to the procedures for "covered investigations" that school entities must
complete, including: expanding the definition and scope of a "covered investigation," requiring superintendents to
complete covered investigations for any complaint related to alleged covered misconduct (rather than first conducting
a presumably less intensive preliminary investigation to determine whether a covered investigation is needed), and
requiring a school entity to review a job candidate's educator credentialing records for any notations related to covered
investigations.
Taken together, these changes are likely to increase the number of investigations that schools are required to complete
and therefore require additional expenditures by school administrative units.
LR2853(05) - Fiscal Note - Page 1 of 1