Bill > LD1222

This bill removes sovereign immunity for school administrative units and school superintendents in several key areas of potential liability, significantly expanding their legal accountability for actions and inactions related to student safety and education. Specifically, the bill creates exceptions to existing tort immunity laws, allowing legal claims against schools and superintendents for gross negligence, policy decisions involving willful misconduct, violations of state or federal education law, failures to ensure student safety, failures to report abuse or threats, and criminal activities. The bill requires schools to establish mandatory reporting policies, carry sufficient liability insurance, and indemnify their staff for actions performed in their official duties. Before filing a lawsuit, plaintiffs must provide 60 days' written notice to the school administrative unit, giving them an opportunity to investigate or mediate the matter. The bill does not apply to individual school employees acting within their job scope, except in cases of gross negligence, willful misconduct, or criminal activity. Additionally, the Department of Education is required to submit an annual report to the Legislature starting October 1, 2027, assessing the impact and effectiveness of these new provisions. The bill will take effect on October 1, 2026, giving schools time to prepare for the new legal landscape.

Justice

https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1222&snum=132