An Act To Amend the Laws Governing Investigations by School Entities into Holders of Credentials

Sec. 1. 20-A MRSA §13025,  as repealed and replaced by PL 2017, c. 477, §1, is amended to read:

§ 13025. Investigations

summary

This bill amends the laws governing investigations by school entities, which includes approved private schools, school administrative units, public charter schools, school management and leadership centers, schools in the unorganized territory and schools operated by the State, of credential holders. This bill:

1. Removes language requiring a school entity to notify the Department of Education within 15 business days of the initiation of a covered investigation by that school entity;

2. Requires a school entity to immediately notify the Department of Education if a credential holder 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;

3. Eliminates the requirement that the school entity notify the department in writing of the final outcome of the investigation within 5 days of its completion and provide to the department a copy of any final report and instead requires that the school entity provide to the department a copy of any final report produced in support of the school entity's decision to discipline, suspend or terminate the credential holder;

4. If a credential holder left employment prior to the completion of a covered investigation and provides consent as part of that credential holder's application for employment with a school entity, directs the department to notify the superintendent or the chief administrative officer of that school entity of the fact that the credential holder left employment with a school entity prior to the completion of a covered investigation of that credential holder; and

5. Repeals language requiring the commissioner to adopt rules governing confidentiality of information received under the provisions concerning covered investigations.