‘An Act To Address Dangerous Behavior in the Classroom’
| SP0425 LD 1370 |
Session - 129th Maine Legislature C "A", Filing Number S-237, Sponsored by
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LR 662 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Address Dangerous Behavior in the Classroom’
Amend the bill by striking out everything after the title and inserting the following:
‘ Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.
Sec. 1. 20-A MRSA §6555 is enacted to read:
§ 6555. Dangerous behavior prevention and intervention
Nothing in this subsection may be construed as limiting any federally protected right of a student, including, but not limited to, federally protected rights of students with disabilities.
Notwithstanding any provision of this subsection to the contrary, in the case of a student eligible for services under the federal Individuals with Disabilities Education Act or protected from discrimination under Section 504 of the federal Rehabilitation Act of 1973, any discussions or actions related to the identification, evaluation or educational placement of the student or provision of a free, appropriate public education to the student must take place through the processes established under federal law.
Sec. 2. 20-A MRSA §13601, sub-§5 is enacted to read:
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment, which is the majority report of the committee, strikes and replaces the bill, changes the title and makes the following additional changes.
1. It changes the focus of the bill from violent behavior to dangerous behavior and defines "dangerous behavior" to mean behavior of a student that presents a risk of injury or harm to a student or others.
2. It amends the process in the bill regarding investigations. It requires review of a report of an incident of dangerous behavior and the development of an individualized response plan. It stipulates that these provisions do not limit any federally protected right of a student, including, but not limited to, federally protected rights of students with disabilities, and provides that, in the case of a student eligible for services under the federal Individuals with Disabilities Education Act or protected from discrimination under Section 504 of the federal Rehabilitation Act of 1973, any discussions or actions related to the identification, evaluation or educational placement of the student or provision of a free, appropriate public education to the student must take place through the processes established under federal law rather than under the process described in the bill, as amended.
3. It moves the provisions in the bill regarding the counting of sick leave of a public school employee injured from dangerous behavior to the Maine Revised Statutes, Title 20-A, section 13601, which contains other provisions regulating sick leave.
4. It adds a mandate preamble.