An Act Regarding School Employee Investigations

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
S.P. 893 - L.D. 2192
An Act Regarding School Employee Investigations
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation directs the Department of Education to convene a working
group to further examine the issue of investigations into the conduct of school employees
and determine whether additional procedures are necessary; and
Whereas, the working group must begin its work before the 90-day period expires in
order that the work may be completed and a report submitted in time for submission to the
next legislative session; and
Whereas, schools will benefit from timely receipt of information related to
procedures for employee investigations; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §13025, as amended by PL 2023, c. 643, Pt. 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 credential holder's school employee's employment or
contracted service because the alleged conduct involves alcohol, ; illegal drugs ,;
physical abuse,; emotional abuse ,; inappropriate contact between a credential holder
school employee and a student , or a school employee and another school employee;
harassment as described in Title 5, chapter 337-A; sexual assault as described in Title
APPROVED
APRIL 15, 2026
BY GOVERNOR
CHAPTER
697
PUBLIC LAW
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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-1. "School employee" means any person employed by a school, including, 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 alleged
misconduct by a school employee, a superintendent of a school entity shall conduct a
covered investigation. The superintendent shall notify the department immediately upon
initiating a covered investigation. For the purposes of this subsection, misconduct means
any conduct described in subsection 1, paragraph B.
3. Duties of school entities. A school entity shall immediately place on paid leave a
school employee who is the subject of a covered investigation. A school entity shall notify
the department immediately if a credential holder 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 investigation resigns, is terminated or otherwise
leaves employment with the school entity prior to the conclusion of the investigation. A
school entity shall notify the department immediately of the findings and final outcome of
any covered investigation, including, but not limited to, if the school entity determines that
the allegations of misconduct were false or unsubstantiated or if a credential 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 employee. The credential 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 offering employment to an applicant, a school entity shall review the applicant's
educator credentialing 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 has been entered on the applicant's records pursuant to subsection 4, paragraphs 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 15 business days of the department's initiating an investigation into
a holder of a credential school employee who works for the school entity and shall
notify the school entity immediately if the department takes action on that credential
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against the school employee. Within 5 business days after completion of an
investigation, the department shall notify each school entity for which the credential
holder 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 credential holder school employee prior to the
completion of a covered investigation of that credential holder school employee, the
department shall notify the superintendent or chief administrative officer of all other
school entities for which the credential holder 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 consent as part of that credential holder's
application for employment with a school entity, 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 copies of all records and reports related to a finding
resulting in discipline, suspension or termination of a credential holder school
employee if the finding resulting in that discipline, suspension or termination is
reversed upon appeal at the school entity level.
D. Upon 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 credentialing 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 authorized school
administrators reviewing school employee records maintained by the department. For
the purposes of this paragraph, "authorized school administrator" means a
superintendent or any individual the superintendent designates to have superintendent-
level capabilities in the department's online credentialing system.
E. Upon receipt from a school entity of the outcome of a covered investigation, the
department shall:
(1) If the investigation concludes with a finding that by a preponderance of the
evidence the school employee committed misconduct, update the notation entered
pursuant to paragraph D to reflect that finding; or
(2) If the investigation concludes, after all appeal rights are exhausted, with a
finding that the school employee did not commit misconduct, remove the notation
entered pursuant to paragraph 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.
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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 investigation regardless of agreement.
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 determines
through its covered investigation pursuant to subsection 3 that a school employee
committed misconduct, the information pertaining to that covered investigation and
findings of misconduct must be disclosed to the department and to any school entity that
requests that information.
Sec. 2. Department of Education to convene working group; report. The
Department of Education shall convene a working group to review the procedures for
investigations of credential holders in schools in accordance with this section.
1. The working group shall review how the investigation procedures established in the
Maine Revised Statutes, Title 20-A, section 13025 are being used in approved private
schools, school administrative units, public charter schools, education service centers,
schools in the unorganized territory and schools operated by the State. The working group
shall make recommendations to improve reporting requirements and the process by which
investigations are conducted.
2. The working group must include, but is not limited to, the following members:
A. A member representing the Maine School Management Association;
B. A member representing the Maine Education Association;
C. A member who is a licensed attorney in the State and has expertise in employment
law;
D. A member representing the Maine Children's Alliance;
E. A member representing the Maine Coalition Against Sexual Assault; and
F. Any other stakeholders the department considers appropriate.
3. The department shall submit a report to the joint standing committee of the
Legislature having jurisdiction over education matters by January 15, 2027. The report
must include the number of investigations reported to the department, the outcomes of those
investigations, the number of preliminary and covered investigations, a summary of how
mandated reporting requirements impact covered investigations, whether consequences for
not reporting should be established, a summary of how the department identifies
individuals during the employment process who have been subjects of covered
investigations, a summary and recommendations on training for school employees to
conduct investigations, a summary of findings related to current practices for investigations
of credential holders and recommendations of the working group, including any suggested
legislation, to improve those practices. The joint standing committee may report out a bill
related to the report to the 133rd Legislature in 2027.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.