LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
493
JANUARY 7, 2024 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 770 - L.D. 1898
An Act to Ensure That a Teacher Who Participates in the Prevention of
Dangerous Behavior Is Protected Under a Collective Bargaining Agreement
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §6555, as amended by PL 2021, c. 320, §4, is further amended
to read:
§6555. Dangerous behavior prevention and intervention
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Administrator" has the same meaning as in section 13001‑A, subsection 1.
B. "Assigned public school employee" means a public school employee chosen by the
local president of the applicable bargaining unit to review a reported incident of
dangerous behavior.
C. "Dangerous behavior" means behavior of a student that presents a risk of injury or
harm to a student or others.
2. Report of incident of dangerous behavior. Upon receipt of a report made by a
teacher or school staff person of an incident of dangerous behavior made by a teacher or
school staff person, a school administrative unit shall review the reported incident and
develop an individualized response plan in accordance with this subsection. The review of
the reported incident must be conducted by an administrator and an assigned public school
employee. If the report of the incident of dangerous behavior is substantiated, the school
administrative unit shall, in consultation with the public school employee who was
subjected to the dangerous behavior, if any, develop an individualized response plan to
avoid future dangerous behavior, which may include but is not limited to:
A. Minimizing suspension and expulsion of the student;
B. Prioritizing counseling and guidance services for the student and educators;
C. Providing positive behavioral interventions and supports and supports designed to
address the consequences of trauma in the individual and training for the student and
educators;
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 D. Restorative practices and restorative interventions as defined in section 1001,
subsection 15‑A, paragraph B;
E. Training for public school employees who interact with the student; and
F. Provision of adequate staffing and professional development necessary to
implement the plan.
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.
3. Collective bargaining dispute. If a public school employee was subjected to the
dangerous behavior and that employee is covered by a collective bargaining agreement, a
dispute arising out of the incident of dangerous behavior is subject to the dispute resolution
process of the collective bargaining agreement.
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Statutes affected:
Bill Text LD 1898, SP 770: 20-A.6555
Bill Text ACTPUB , Chapter 493: 20-A.6555