A Winterport Republican has introduced a bill that limits the immunity of the state’s education system. The bill’s public hearing on Monday afternoon comes in the middle of a political storm sweeping across Maine schools that includes a recent sexual assault in Buxton and the national fight over trans athletes which has pitted the state’s governor against the country’s president.

The bill, LD 1222, is titled “An Act to Limit Sovereign Immunity for Schools and School Superintendents”. Representative Reagan Paul (R-Winterport) introduced the bill, and it will be taken up by the Judiciary Committee on Monday, March 31.

Rep. Paul’s bill would remove immunity under the Maine Tort Claims Act for school
superintendents and school administrative units for certain conduct. That conduct includes negligence, violations of state or federal education law, failure to ensure student safety, failure to report abuse of neglect or threats to a student, willful misconduct and criminal activity.

When asked about her bill, Rep. Paul said it “would ensure that when schools and superintendents fail our children, families have the right to hold them accountable. This bill removes the legal barriers that shield negligent actions, demanding that child safety and justice come before institutional protection.”

“It’s time we stand up for those who have been harmed and give every child the justice they deserve,” she stressed.

In recent weeks, the national spotlight has been focused on Maine and its refusal to comply the with Title IX of the Education Amendments of 1972. Title IX protects girls from discrimination, and federal agencies have recently ruled that this prevents biological males from competing in biological female sports. The dust up between U.S. President Donald Trump and Maine Governor Janet Mills is still ongoing, but the passage of LD 1222 could set the rules for a similar rematch in the future.

Paul’s bill would remove immunity from schools and school administrators for violation of federal education law, like Title IX. Allowing the parties in violation of federal education law to be sued in civil court could prove to be an effective tool for compliance with federal law in the future if the bill becomes law.

Another part of the bill seeks to strip away immunity for negligence and failure to ensure student safety. Last week it was revealed by the Maine Wire that 18-year-old former Bonny Eagle student Ali Kareem Al Shammari had been arrested for two counts of gross sexual assault allegedly perpetrated on the school’s premises.

This facts surrounding this case are gradually coming to light, but information has been provided to The Maine Wire that Al Shammari previously attended Gorham schools where he had also been accused of serious allegations of misconduct.

Dr. Heather J. Perry, who is the Superintendent of Gorham Schools, provided written testimony against the LD 1222, which expressed “strong opposition to LD 1222, which removes immunity under the Maine Tort Claims Act for School Superintendents, School Administrative Units or Schools within each SAU,”

Dr. Perry went on in her testimony to state:

“This statute is unnecessary and unfairly targets schools for misconduct in
a way that other public serving institutions are not. It is unnecessary because as a school
Superintendent if I were to violate state or federal law, or fail to ensure safety of students in any way I would likely have my contract terminated by my school board.”

It is notable that Dr. Perry seems to call for her own termination if it should be determined that she did not do an adequate job in addressing the allegedly dangerous behaviors of Al Shamari while under her supervision.

The only other written testimony in opposition is from Andrew Dolloff, who is the superintendent of schools in Yarmouth. His testimony questions the motivations of the bill and says that it seems to be a vindictive bill resulting from a personal vendetta. It is unclear to which vendetta he is referring.

A number of testimonies supporting the bill come from the South Berwick area. These are from citizens who do not appear to be employees of any school district.

The Judiciary Committee will hold its public hearing for Paul’s bill after 1 p.m. on Monday.