An Act to Limit Sovereign Immunity for Schools and School
Maine Legislature, Session 132, LD 1222
Committee: Judiciary
Sponsors: PAUL
Amends: 14 MRSA §8102, 14 MRSA §8104-A, 14 MRSA §8104-B, 14 MRSA §8104-E

Legislative Document
No. 1222
H.P. 797
House of Representatives, March 20, 2025
An Act to Limit Sovereign Immunity for Schools and School 
Superintendents
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PAUL of Winterport.
Cosponsored by Representatives: COLLINS of Sidney, HAGGAN of Hampden, LYMAN of 
Livermore Falls, MORRIS of Turner, PERKINS of Dover-Foxcroft.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §8102, sub-§3-A is enacted to read:
3-A.  School administrative unit.  "School administrative unit" has the same meaning 
as in Title 20-A, section 1, subsection 26.
Sec. 2.  14 MRSA §8102, sub-§3-B is enacted to read:
3-B.  School superintendent.  "School superintendent" has the same meaning as in 
Title 20-A, section 1, subsection 39.
Sec. 3.  14 MRSA §8104-A, sub-§5 is enacted to read:
5.  School administrative units and school superintendents.  A school administrative 
unit or school superintendent is liable for conduct under section 8104-E, subsection 1.
Sec. 4.  14 MRSA §8104-B, sub-§3, as amended by PL 2005, c. 448, §1, is further 
amended to read:
3.  Performing discretionary function.  Performing or failing to perform a 
discretionary function or duty, whether or not the discretion is abused and whether or not 
any statute, charter, ordinance, order, resolution or policy under which the discretionary 
function or duty is performed is valid or invalid, except that if the discretionary function 
involves the operation of a motor vehicle, as defined in Title 29‑A, section 101, subsection 
42, this section does not provide immunity for the governmental entity for an employee's 
negligent operation of the motor vehicle resulting in a collision, regardless of whether the 
employee has immunity under this chapter, and except that this section does not provide 
immunity for conduct under section 8104-E, subsection 1, paragraph E;
Sec. 5.  14 MRSA §8104-E is enacted to read:
§8104-E.  School administrative units and school superintendents
1. Limited immunity for school administrative units and school superintendents.  
Notwithstanding the provisions of section 8103, this chapter does not apply to claims 
against a school administrative unit or a school superintendent for certain conduct, 
including:
A. A discretionary policy decision involving gross negligence or willful misconduct;
B. An act of negligence;
C. A violation of state or federal education law;
D. Failure to ensure student safety, including:
(1) Physical harm suffered by a student;
(2) Abuse inflicted by a student;
(3) Discrimination directed at a student; or
(4) Failure to report misconduct; 
E. Failure to report abuse of, neglect of or threats to a student under subsection 4; 
F. Willful misconduct; or
G. Criminal activity.
2. Notice required. An action for conduct under subsection 1, paragraphs A to G may 
not be filed unless the plaintiff has provided written notice to the school administrative unit 
or school superintendent at least 60 days prior to filing the complaint. The school 
administrative unit or school superintendent may investigate or resolve the matter through 
mediation or administrative review during the notice period under this subsection.
3. School employees and staff. This section does not apply to school employees or 
staff, including teachers, acting within the course and scope of employment for the school 
administrative unit, except in cases of gross negligence, willful misconduct or criminal 
activity. A school administrative unit shall indemnify all staff and employees for a claim 
arising out of an act by a school administrative unit staff member or employee performing 
an official duty.
4. Mandatory reporting.  Each school administrative unit shall establish, publish and 
enforce a mandatory reporting policy regarding student safety concerns. Failure to report 
abuse of, neglect of or threats to a student is a ground for legal action under subsection 1, 
paragraph E.
5. Liability insurance. A school administrative unit shall maintain liability insurance 
coverage sufficient to cover a potential claim involving conduct under subsection 1, 
paragraphs A to G.  The Department of Education may establish a fund or provide other 
financial support to a school administrative unit carry to out the purposes of this subsection.
6. Report.  Beginning October 1, 2027, the Department of Education shall submit an 
annual report to the joint standing committee of the Legislature having jurisdiction over 
education matters on the impact and effectiveness of this section.
Sec. 6.  Effective date. This Act takes effect October 1, 2026.
SUMMARY
This bill removes immunity under the Maine Tort Claims Act for school 
superintendents, school administrative units or schools within the school administrative 
unit's jurisdiction for certain conduct, including negligence, violations of state or federal 
education law, failure to ensure student safety, failure to report abuse of, neglect of or 
threats to a student, willful misconduct or criminal activity. The bill also requires school 
administrative units to indemnify their staff and employees, establish mandatory reporting 
policies regarding student safety and carry liability insurance. The bill directs the 
Department of Education to submit an annual report to the Legislature on the impact and 
effectiveness of these provisions and establishes an effective date of October 1, 2026.