20-A M.R.S. § 7209 — ME Code / Title 20-A / Part 4 / Chapter 303 / Section 7209
20-A §7209. General administration and supervision
Status: in_force

1. Department of Education. The department shall serve as the lead agency for the statewide system pursuant to 20 United States Code, Section 1435, including the identification and coordination of all available resources within the State for services to eligible children from birth to under 3 years of age, and shall exercise general supervisory authority over child find as provided in 20 United States Code, Section 1412 (a) (3) and the provision of a free, appropriate public education to children at least 3 years of age and under 6 years of age. A. The commissioner is responsible for developing and adopting rules necessary to carry out the provisions of the federal Individuals with Disabilities Education Act, Part B, Section 619 and Part C, 20 United States Code, Section 1400 et seq. [PL 2011, c. 655, Pt. OO, §4 (AMD).] B. [PL 2007, c. 307, §1 (AMD); MRSA T. 20-A §7209, sub-§1, ¶B (RP).] B-1. The commissioner or the commissioner's designee is responsible for developing and implementing a funding mechanism for the operation of the state intermediate educational unit established pursuant to subsection 3 and the delivery of services to eligible children with disabilities from birth to under 6 years of age. [PL 2011, c. 655, Pt. OO, §4 (NEW).] C. The commissioner or the commissioner's designee is responsible for ensuring legal and policy compliance throughout the early childhood special education program by reviewing or performing regular audits of program records. [PL 2005, c. 662, Pt. A, §30 (NEW).] D. The commissioner or the commissioner's designee is responsible for ensuring fiscal compliance throughout the early childhood special education program by reviewing or performing regular audits of program records. [PL 2005, c. 662, Pt. A, §30 (NEW).] E. The department shall develop a corrective action plan with timelines to achieve compliance with federal or state law. The department shall report at least quarterly to the state interagency coordinating council described in 20 United States Code, Section 1441, to the state advisory panel described in 34 Code of Federal Regulations, Sections 300.167 to 300.169 and to other advisory bodies that may be appropriate about individual regional sites that are under a corrective action plan. These reports must describe any progress or slippage by individual regional sites in meeting compliance requirements. For an individual regional site under a corrective action plan, the reports must describe how long the department expects the regional site to remain under a corrective action plan. [PL 2011, c. 655, Pt. OO, §4 (AMD).] [PL 2011, c. 655, Pt. OO, §4 (AMD).]

2. State-level advisory committee. [PL 2007, c. 307, §2 (AMD); MRSA T. 20-A §7209, sub-§2 (RP).]

3. State intermediate educational unit establishment; administrative functions. The commissioner shall establish and supervise the state intermediate educational unit. The state intermediate educational unit is established as a body corporate and politic and as a public instrumentality of the State for the purpose of conducting child find activities as provided in 20 United States Code, Section 1412 (a) (3) for children from birth to under 6 years of age and ensuring the provision of early intervention services for eligible children from birth to under 3 years of age and for eligible children until the start of the school year when they are 4 years of age if the extended Part C option is selected by the child's family. The state intermediate educational unit shall also ensure a free, appropriate public education for eligible children at least 3 years of age and under 6 years of age, where designated as the responsible agency by the commissioner. The state intermediate educational unit shall perform the following statewide coordination and administration functions: A. Establish standard policies and procedures for a statewide salary and benefits administration system, including personnel classifications, position descriptions and salary ranges, and a standard package of health, retirement and other fringe benefits for Child Development Services System personnel, beginning in fiscal year 2006-07; [PL 2011, c. 655, Pt. OO, §4 (AMD).] B. Develop a statewide salary and benefits administration system and perform the payroll functions for Child Development Services System personnel; [PL 2005, c. 662, Pt. A, §30 (NEW).] B-1. Bargain collectively under Title 26, chapter 9‑A if the employees of the regional sites choose to be represented by an agent for purposes of collective bargaining. In such circumstances, the state intermediate educational unit must be considered the public employer for purposes of collective bargaining; [PL 2007, c. 307, §3 (NEW).] C. Establish a centralized system for statewide fiscal administration to be implemented by September 1, 2006. The state intermediate educational unit shall establish internal controls and implement accounting policies and procedures in accordance with standards set forth by the State Controller; [PL 2005, c. 662, Pt. A, §30 (NEW).] D. Develop and implement a centralized data management system to be fully operational beginning July 1, 2007; [PL 2005, c. 662, Pt. A, §30 (NEW).] E. Establish a standard, statewide template for regional site contracts with therapeutic service providers, including policies and procedures for the review of contracts, beginning in fiscal year 2006-07; [PL 2011, c. 655, Pt. OO, §4 (AMD).] F. Refine program accountability standards for compliance with federal mandates, including the development of a performance review system to monitor and improve regional site performance through the use of efficiency ratings aligned with the accountability standards and through a compliance plan that requires the regional site to address the unmet needs of eligible children in accordance with specific targets and time frames; [PL 2011, c. 655, Pt. OO, §4 (AMD).] G. Design and implement a statewide plan to provide professional development and training to Child Development Services System personnel; [PL 2007, c. 307, §3 (AMD).] H. Employ professional and other personnel at the state level and at the regional sites, including those necessary to ensure the implementation of the centralized fiscal and data management systems. All state intermediate educational unit employees are employees for the purposes of the Maine Tort Claims Act; and [PL 2011, c. 655, Pt. OO, §4 (AMD).] I. Enter into contracts, leases and agreements and any other instruments and arrangements that are necessary, incidental or convenient to the performance of its duties and the execution of its powers under this chapter. [PL 2007, c. 307, §3 (NEW).] [PL 2023, c. 643, Pt. W, §12 (AMD).]

3-A. State intermediate educational unit; program functions. The state intermediate educational unit established pursuant to subsection 3 , through a network of regional sites, where designated by the commissioner, shall: A. Engage in child find activities as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.; [PL 2011, c. 655, Pt. OO, §4 (NEW).] B. Engage in child count activities as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.; [PL 2011, c. 655, Pt. OO, §4 (NEW).] C. Engage in appropriate data collection, training, staff development and direct service provision to eligible children with disabilities, from birth to under 3 years of age or until the start of the school year when a child is 4 years of age if the extended Part C option is selected by the child's family, in accordance with Part C; [PL 2023, c. 643, Pt. W, §13 (AMD).] D. Ensure that eligible children with disabilities, from birth to under 3 years of age, receive early intervention services, in accordance with the payment provisions established by the State; [PL 2011, c. 655, Pt. OO, §4 (NEW).] E. Ensure that eligible children with disabilities, from 3 years of age to under 6 years of age, receive free, appropriate public education services and, when a local school administrative unit has assumed responsibility for child find activities and for ensuring a free, appropriate public education, provide services to support school administrative units in carrying out that responsibility in accordance with a memorandum of understanding between the department and the school administrative unit; [PL 2023, c. 643, Pt. W, §13 (AMD).] F. Coordinate with eligible families the development of individualized family service plans for children with disabilities from birth to 2 years of age or until the start of the school year when the child is 4 years of age if the extended Part C option is selected or, when designated by the commissioner, coordinate an individualized education program for a child 3 years of age to under 6 years of age; [PL 2023, c. 643, Pt. W, §13 (AMD).] G. Ensure that children from birth until 6 years of age who are referred to the Child Development Services System also receive appropriate referrals for support outside of the system, including appropriate public and private programmatic resources, regardless of a child's eligibility for early intervention or free, appropriate public education; and [PL 2017, c. 284, Pt. AAAAAA, §1 (AMD).] H. Engage in appropriate training and staff development for identification of and to provide intervention services for children with autism. [PL 2017, c. 284, Pt. AAAAAA, §2 (NEW).] [PL 2023, c. 643, Pt. W, §13 (AMD).]

4. Director of early childhood special education. The commissioner or the commissioner's designee shall supervise a director of early childhood special education. The director has the following powers and duties: A. To administer the state intermediate educational unit established under subsection 3 and programs established pursuant to subsection 3‑A . The director shall develop operating policies and establish organizational and operational procedures that include supervision, monitoring, data and accountability structures; [PL 2013, c. 338, §1 (AMD).] A-1. To oversee the operation of the regional sites; [PL 2011, c. 655, Pt. OO, §4 (NEW).] B. To develop statewide policies and procedures for carrying out federal and state laws and rules relating to child find, early intervention services and the provision of a free, appropriate public education to children from birth to under 6 years of age; [PL 2007, c. 450, Pt. A, §1 (AMD).] C. To provide training in federal and state laws, regulations, rules and policies relating to child find as provided in 20 United States Code, Section 1412 (a) (3), early intervention services and the provision of a free, appropriate public education to children from birth to under 6 years of age and to conduct regular file reviews to determine compliance with federal and state laws, regulations, rules and policies and conduct training and provide technical assistance where deficiencies are found; [PL 2013, c. 338, §1 (AMD).] D. [PL 2013, c. 338, §1 (RP).] E. To report annually by February 15th to the joint standing committee of the Legislature having jurisdiction over education and cultural affairs, the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs on the performance of the Child Development Services System. This report must be posted on the publicly accessible website of the department. The report must include: (1) The following financial information for the Child Development Services System in total and separately for the services provided to eligible children from birth to under 3 years of age and at least 3 years of age and under 6 years of age when the information can be separated for these age categories: (a) Actual expenditures compared to the budget for each of the last 3 fiscal years for each regional site, the central office and the total Child Development Services System by function, including case management, direct services and administration; (b) Actual expenditures compared to the budget for each of the last 3 fiscal years for each regional site, the central office and the total Child Development Services System by expense type, including salaries, benefits, contracted services and transportation; (c) Actual revenues received compared to the budget for each of the last 3 fiscal years by revenue source; and (d) The total dollar value of MaineCare claims paid through the Department of Health and Human Services for each of the last 3 fiscal years for services provided pursuant to children's individualized education programs or individualized family service plans that were billed directly to the MaineCare program by contracted service providers; (2) The following data for the Child Development Services System in total and separately for the services provided to eligible children from birth to under 3 years of age and at least 3 years of age and under 6 years of age, including descriptions of any notable variations in these data among regional sites and any notable year-to-year trends over the past 5 years: (a) The number of children referred to the Child Development Services System in the prior year by referral source, including the screening programs in Title 22, sections 1532 , 8824 and 8943 , and the percentage of children referred found eligible for services; (b) The number of children who entered the Child Development Services System in the prior year, categorized by primary disability; (c) The number of children who exited the Child Development Services System in the prior year, categorized by primary disability and the reason for exit; (d) The number of children who transitioned in the prior year from early intervention services for children from birth to under 3 years of age to special education and related services for children at least 3 years of age and under 6 years of age; (e) The unduplicated count of children who received direct services as of December 1st in the prior year; (f) The number of children who received direct services in the prior year by regional site and in total for the Child Development Services System, categorized by primary disability; (g) For each primary disability category, the number of children who received, in the prior year, each primary type of therapy or service; (h) The percentage of children who received direct services in the prior year who had MaineCare coverage for all or some of the services specified in their individualized education programs or individualized family service plans and the percentage of children who received direct services in the prior year who had private insurance coverage for all or some of the services specified in their individualized education programs or individualized family service plans; (i) Beginning January 1, 2015, the number of children who received direct services in the prior year who were born in the State and the number of children who received direct services in the prior year who were born in the State and who were delivered at home; (j) Beginning January 1, 2015, the total number of children who were referred in the prior year for support outside of the Child Development Services System under subsection 3‑A, paragraph G and the number of children who received direct services in the prior year who were referred for support outside of the Child Development Services System under subsection 3‑A, paragraph G ; and (k) Beginning January 1, 2015, the number of children who received direct services in the prior year who received all of the services in their individualized family service plan or individualized education program and the number of children who received direct services in the prior year who received less than 90% of the services in their individualized family service plan or individualized education program; (3) A listing of the regional sites and their locations and the following data for the Child Development Services System in total and by regional site, including descriptions of any notable variations in these statistics among regional sites and any notable year-to-year trends over the past 5 fiscal years: (a) The total number of employees by function and the number of new employees hired in the prior fiscal year by function; (b) The number of private providers that contracted with the Child Development Services System to provide direct services, including transportation services, and the number of contracted providers delivering each type of service in the prior fiscal year; (c) The number of children who received direct services provided by Child Development Services System employees in the prior fiscal year and the number of children who received direct services provided by contracted private providers in the prior fiscal year; (d) The number of preschool or day care programs operated by each regional site, the average enrollment in each program, the percentage of enrollees that are children receiving services under individualized education programs or individualized family service plans and expenses and revenues for the prior fiscal year associated with the programs in each site; and (e) The number of children who received direct services in the prior fiscal year while placed in preschool programs operated by public school systems; (4) Statistics and analysis of the following Child Development Services System performance measures for the prior fiscal year, including descriptions of any notable variations in these measures among regional sites and any notable year-to-year trends over the past 5 fiscal years: (a) Measures of compliance with key federal requirements related to timeliness, quality and effectiveness of service as set out in required annual federal reporting under the federal Individuals with Disabilities Education Act; (b) Measures of compliance with key state requirements related to timeliness, quality and effectiveness of service as set out in statute and rules; (c) Measures of productivity for Child Development Services System employees providing case management and direct services to children; (d) Measures of per unit costs, including the average cost of delivered services per child by primary disability type, the average cost per unit of each type of therapy or service delivered by Child Development Services System staff and the average cost per unit of each type of therapy or service delivered by contracted providers; (e) Beginning January 1, 2015, the average age, both in aggregate and by primary disability type, at which children who were born in the State began receiving services from the Child Development Services System and the average age, both in aggregate and by primary disability type, at which children who were born in the State and who were delivered at home began receiving services from the Child Development Services System; and (f) Any other performance goals and measures established by the Child Development Services System to monitor effectiveness, efficiency and the cost of the Child Development Services System, which may include results of surveys of parents and guardians on the quality and effectiveness of services; (5) Beginning January 1, 2015, a report by each regional site in the Child Development Services System demonstrating trends of Child Development Services System employee costs and the results of coordination, utilization and development of services with a broad base of community resources, including private providers and public schools, midwives, resources from other agencies and other resources serving families and children from birth to under 6 years of age, consistent with the provisions of Title 22, section 3571, subsection 3 ; and (6) A description of current and emerging trends and challenges that are having an effect on or are expected to have an effect on costs, services or service delivery methods of the Child Development Services System; [PL 2023, c. 643, Pt. W, §14 (AMD).] F. To provide the following data by the 20th day of each month to the Office of Fiscal and Program Review, either in a monthly report or by providing the office electronic access to the computer systems and applications by which the raw data are stored, for each regional site and the central office: (1) Monthly actual and budgeted revenue by funding source for the prior month; and (2) Monthly actual and budgeted expenditures by funding source and by expenditure category for the prior month; and [RR 2023, c. 2, Pt. A, §28 (COR).] G. To aid in the transition of responsibility for child find activities and for ensuring a free, appropriate public education in the least restrictive environment from the Child Development Services System to school administrative units pursuant to section 7209‑A and to coordinate services to be provided through memoranda of understanding between the department and school administrative units in carrying out responsibilities under Part B, Section 619. [PL 2023, c. 643, Pt. W, §16 (NEW).] For the purposes of this subsection, "direct services" includes evaluations; therapies; special instruction; the use of specially designed materials for instruction, screening and testing; the use of assistive technology devices; and transportation and use of physical space associated with providing other direct services. [RR 2023, c. 2, Pt. A, §28 (COR).]

5. Regional site board of directors. [PL 2011, c. 655, Pt. OO, §4 (RP).]

6. Regional site board of directors; annual entitlement plan; site budget approval. [PL 2011, c. 655, Pt. OO, §4 (RP).]

7. Regional site; administration. [PL 2011, c. 655, Pt. OO, §4 (RP).]

8. Regional site; duties and obligations. [PL 2011, c. 655, Pt. OO, §4 (RP).]
20-A M.R.S. § 8205 — ME Code / Title 20-A / Part 4 / Chapter 312 / Section 8205
20-A §8205. Powers and duties of the board of trustees
Status: in_force

The powers and duties of the board of trustees include the following: [PL 1993, c. 706, Pt. A, §4 (NEW).]

1. Policies and bylaws. To develop and adopt policies and rules, including bylaws, necessary or useful for the operation of the school; [PL 1995, c. 485, §2 (AMD).]

2. Administration. To oversee the administration of the school, including the hiring of teachers and administrative support staff; [PL 1993, c. 706, Pt. A, §4 (NEW).]

3. Financial management. To appoint a treasurer, who need not be a member of the board of trustees, and to accept donations, bequests or other forms of financial assistance for any educational purpose from a public or private person or agency and to comply with rules and regulations governing grants from the Federal Government or from any other person or agency; [PL 1995, c. 485, §2 (AMD).]

4. Budget development. To prepare and adopt an annual budget for the operation of the school and to exercise budgetary responsibility and allocate for expenditure by the school and programs under its jurisdiction all the resources available for the operation of the school and its programs; [PL 1993, c. 706, Pt. A, §4 (NEW).]

5. Indemnification. To indemnify the trustees, officers, teaching staff and employees affiliated with the school and to purchase and maintain insurance to indemnify any such person to the extent provided in Title 13‑B, section 714 ; [PL 1993, c. 706, Pt. A, §4 (NEW).]

6. Bonds. To require security for the faithful performance of duties by the officers, trustees, employees and other agents of the school who are entrusted with the custody of the school securities or authorized to disburse the funds of the school. The security must consist of a bond, either a blanket bond or individual bond with a surety bond, or bonds having a minimum limitation of $100,000 coverage for each insured person. The expense of a bond is assumed by the school; [PL 1993, c. 706, Pt. A, §4 (NEW).]

7. Property management. To lease and to acquire by purchase any property, lands, buildings, structures, facilities or equipment and make improvements to facilities necessary to fulfill the purposes of this chapter. Any lease or lease-purchase agreement must have a term not to exceed 10 years and must be subject to annual appropriation of funds. The Eastern Aroostook Regional School Unit retains ownership of the Limestone Elementary School and the Limestone Junior Senior High School and shares those facilities with the school; [PL 2009, c. 486, §10 (AMD).]

8. Certificates and diplomas. To offer courses of study and grant diplomas and certificates on completion of courses of study. This may be done in cooperation with the sending school; [PL 1993, c. 706, Pt. A, §4 (NEW).]

9. Contracts and agreements. To enter into any contracts and agreements, to the extent that funds are available, in the execution of its powers under this chapter; [PL 1993, c. 706, Pt. A, §4 (NEW).]

10. Delegation. To delegate duties and responsibilities as necessary for the efficient operation of this chapter; [PL 1993, c. 706, Pt. A, §4 (NEW).]

11. Criteria for enrollment. To establish criteria to be used in determining eligibility of applicants for enrollment. The criteria must include methods of ensuring gender equity for students selected; [PL 1993, c. 706, Pt. A, §4 (NEW).]

12. Student conduct. To prepare and adopt procedures, rules and regulations to ensure the smooth operation of student conduct standards; [PL 1993, c. 706, Pt. A, §4 (NEW).]

13. Geographical basis. To develop and adopt an admissions policy to ensure that students from all over the State have an equal opportunity to attend the school; [PL 1993, c. 706, Pt. A, §4 (NEW).]

14. Fees and charges. To establish and collect necessary fees and to set policies relating to other appropriate charges for students; [PL 1993, c. 706, Pt. A, §4 (NEW).]

15. Benchmarks and assessments. To establish benchmarks and methods of assessing progress in the levels of academic achievement in mathematics and science for students who participate in school programs and to establish benchmarks and methods of assessing progress in the professional development of teachers who participate in school programs; [PL 1995, c. 485, §2 (AMD).]

16. Report. To report annually to the Governor, the joint standing committee of the Legislature having jurisdiction over education matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs on the results of the assessment in subsection 15 and the general status of the school and to provide a financial audit of the school conducted by an independent auditor; [PL 1997, c. 760, §1 (AMD).]

16-A. Quarterly financial statements. To submit quarterly financial statements to the Governor, the joint standing committee of the Legislature having jurisdiction over education matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs; [PL 1997, c. 760, §2 (NEW).]

16-B. Sustainability report. To submit to the joint standing committee of the Legislature having jurisdiction over education matters a sustainability report by February 1st of each year beginning February 1, 2024 and annually thereafter. The report must include a plan for and updates on student recruitment efforts, the rate of student attrition, graduation rate, a budget for and explanation of mental health services available to students and a discussion of the school's Limestone location; [PL 2023, c. 464, §2 (NEW).]

17. Sue or be sued. To sue or be sued in the name of the school; and [PL 1995, c. 485, §3 (NEW).]

18. Other. To do any other act necessary or useful for carrying out its powers, duties or purposes. [PL 1995, c. 485, §3 (NEW).]
20-A M.R.S. § 3802 — ME Code / Title 20-A / Part 2 / Chapter 123 / Section 3802
20-A §3802. Education service center authorized
Status: in_force

An education service center shall provide administrative and education functions in accordance with this chapter and shall function as an extension of the member school administrative units and associate members of the education service center. A member school administrative unit of the education service center cannot transfer the responsibility for providing the opportunity of a free public education to each of its students or a free, appropriate education to each of its students with a disability as required by this Title or by federal law. [PL 2019, c. 219, §3 (AMD).]

1. Geographic boundaries. The commissioner shall determine geographic areas for the establishment of each education service center. Membership in a particular education service center does not require the member to be physically located in the education service center's geographic boundary. [PL 2019, c. 219, §3 (AMD).]

2. Members. Members in an education service center must be determined by interlocal agreement pursuant to Title 30‑A, chapter 115 and may include the following types of school administrative units: A. Community school districts pursuant to chapter 105 ; [PL 2017, c. 284, Pt. VVVVV, §6 (NEW).] B. Municipal school units pursuant to chapter 111 ; [PL 2017, c. 284, Pt. VVVVV, §6 (NEW).] C. Regional school units pursuant to chapter 103‑A ; [PL 2017, c. 284, Pt. VVVVV, §6 (NEW).] D. School administrative districts pursuant to chapter 103 ; [PL 2019, c. 219, §3 (AMD).] E. Schools established on tribal lands pursuant to Title 30, chapter 601 ; and [PL 2019, c. 219, §3 (AMD).] F. Public charter schools as defined in chapter 112 . [PL 2019, c. 219, §3 (NEW).] [PL 2019, c. 219, §3 (AMD).]

3. Associate members. Associate members for an education service center may include the following through a contractual agreement or memorandum of understanding with the members of the education service center: A. Career and technical education regions pursuant to chapter 313, subchapter 4 ; [PL 2017, c. 284, Pt. VVVVV, §6 (NEW).] B. [PL 2019, c. 219, §3 (RP).] C. Providers of child development services pursuant to chapter 303 ; [PL 2017, c. 284, Pt. VVVVV, §6 (NEW).] D. The magnet school pursuant to chapter 312 ; [PL 2023, c. 607, §8 (AMD).] E. The Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf pursuant to chapter 304 ; [PL 2017, c. 284, Pt. VVVVV, §6 (NEW).] F. Providers of education in the unorganized territory pursuant to chapter 119 ; or [PL 2017, c. 284, Pt. VVVVV, §6 (NEW).] G. Municipalities and counties pursuant to Title 30‑A . [PL 2017, c. 284, Pt. VVVVV, §6 (NEW).] [PL 2023, c. 607, §8 (AMD).]

4. Provision of services to or from other public entities or nonprofit entities. An education service center may provide services to or purchase services from other types of political subdivisions, public entities or nonprofit organizations or associations. [PL 2019, c. 219, §3 (AMD).]

5. Purchase of services from another education service center. A member of an education service center may purchase services from another education service center if not provided by the member's education service center. [PL 2019, c. 219, §3 (AMD).]

6. Validation. An education service center authorized and organized under this chapter is validated, confirmed, approved and declared legal in all respects, notwithstanding any defect or irregularity that may have occurred in the organization of the education service center or in the selection of the board of that education service center. [PL 2019, c. 219, §3 (AMD).]

7. Political subdivision. An education service center is a political subdivision within the meaning of Title 5, section 19002, subsection 6 and a quasi-municipal corporation within the meaning of Title 30‑A, section 5701 , and all the provisions of those sections apply to it. Notwithstanding Title 30‑A, section 2203, subsection 8, paragraph B , the members of an education service center may delegate eminent domain power to the education service center by agreement. An education service center is considered a tax-exempt governmental entity for the purposes of Title 36, section 1760, subsection 2 . [PL 2019, c. 219, §3 (AMD).]

8. Executive director; leadership services. An education service center shall employ an executive director or contract for leadership services, and the interlocal agreement under section 3801, subsection 3 must specify that the executive director or the provider of leadership services shall administer, in compliance with this chapter, the provisions of the interlocal agreement in the education service center. [PL 2019, c. 219, §3 (AMD).]

9. Personnel. The executive director or the provider of leadership services of an education service center may employ a chief financial officer and may employ additional staff necessary or hire a fiscal agent to administer the functions assigned to the education service center through the provisions of the interlocal agreement under section 3801, subsection 3 . [PL 2019, c. 219, §3 (AMD).]

10. Balanced budget. An education service center must have a balanced budget and return excess funds to the members as prescribed by the interlocal agreement under section 3801, subsection 3 . [PL 2019, c. 219, §3 (AMD).]

11. Authority to borrow, expend and accept funds. An education service center may: A. Borrow funds in anticipation of a member's payment of its share of the education service center budget; [PL 2019, c. 219, §3 (AMD).] B. Expend available funds to pay debt service, security and maintenance costs; and [PL 2017, c. 284, Pt. VVVVV, §6 (NEW).] C. Accept and expend funds from state, federal and other sources and expend those funds on behalf of the members. [PL 2017, c. 284, Pt. VVVVV, §6 (NEW).] [PL 2019, c. 219, §3 (AMD).]

12. Bonding authority; debt limitation; allocation and payment of approved debt. An education service center may issue bonds and notes for school construction purposes. For purposes of this section, "school construction purposes" includes minor capital costs relating to maintenance of a school's physical plant. The education service center board shall decide whether the issuance of bonds or notes by the education service center for school construction purposes is necessary. The board shall determine whether the issuance of bonds or notes is authorized, and, if so, the board shall issue the bonds or notes and administer the proceeds of, and the payment of principal of and interest on, those bonds or notes after issuance. An education service center may issue bonds and notes for school construction purposes only under the provisions of the interlocal agreement under section 3801, subsection 3 . Upon receiving authorization to issue bonds or notes under the election procedures of the interlocal agreement, the board shall follow the requirements of section 1490 for issuing bonds or notes of the education service center. A. Indebtedness of an education service center for school construction purposes may not exceed 4% of the total state valuation of the participating municipalities. For purposes of this section, "participating municipalities" of an education service center includes all municipal school units that are members of the education service center and the municipalities constituting the other members of the education service center. The debt limitation is determined as of the date the state board issues a project concept approval or in the case of a nonstate funded project the date the commissioner approves the project under section 15905‑A . Debt of an education service center is outside the debt limitations of its members and of municipalities constituting its members. [PL 2019, c. 219, §12 (REV); PL 2019, c. 336, §1 (NEW).] B. For purposes of determining a debt limitation under this subsection, debt approved for state subsidy is excluded. However, in cases in which one or more participating municipalities receive an adjustment for the minimum state allocation pursuant to section 15689, subsection 1 , each outstanding state-subsidized debt allocable to a participating municipality that does not receive an adjustment for the minimum state allocation pursuant to section 15689, subsection 1 is excluded from the debt limitation, but only the state reimbursable portion of each outstanding state‑subsidized debt allocable to a participating municipality that receives an adjustment for the minimum state allocation pursuant to section 15689, subsection 1 is excluded. [PL 2019, c. 336, §1 (NEW).] C. For purposes of determining the debt limitation exclusion under paragraph B , when at least one participating municipality receives an adjustment for the minimum state allocation pursuant to section 15689, subsection 1 , each issue of debt approved for purposes of state subsidy is allocated in proportion to the fiscal capacities of the education service center members. In the case of each education service center member that is a regional school unit, school administrative district or community school district, the amount of each fiscal capacity allocation under this subsection is allocated to the municipalities constituting the member in proportion to the municipalities' pupil counts in accordance with section 15688, subsection 2 . For each participating municipality that receives an adjustment for the minimum state allocation pursuant to section 15689, subsection 1 , the state reimbursable portion of an outstanding state-subsidized debt allocable to that participating municipality is the product of the amount of that education service center's debt allocated to the participating municipality under this section and the member's state share percentage, as defined in section 15672, subsection 31 . [PL 2019, c. 219, §12 (REV); PL 2019, c. 336, §1 (NEW).] D. For purposes of determining a debt limitation under this subsection, a certificate from the commissioner that a project qualifies for state school construction aid, as to the amount of debt that qualifies for that aid, as to the allocation of the debt to the members of the education service center, as to the allocation of debt to any participating municipality and as to the state share percentage for any participating municipality that receives an adjustment for the minimum state allocation pursuant to section 15689, subsection 1 is conclusive evidence of the facts stated in the certificate. [PL 2019, c. 219, §12 (REV); PL 2019, c. 336, §1 (NEW).] E. The commissioner shall determine the state allocation for debt service costs by allocating the principal and interest payments for each debt approved for purposes of state subsidy among the members of the education service center in proportion to the members' fiscal capacities. The adjustment for debt service under section 15689, subsection 2 applies to the debt service allocated to participating municipalities under this subsection. Each member's state allocation for debt service costs must be paid by the commissioner as provided by section 15907 . The principal and interest payments on debt approved for purposes of state subsidy must be shared by the members of the education service center in accordance with the commissioner's allocation under this paragraph notwithstanding the cost-sharing formula of the education service center. [PL 2019, c. 219, §12 (REV); PL 2019, c. 336, §1 (NEW).] [PL 2019, c. 219, §3 (AMD); PL 2019, c. 219, §12 (REV); PL 2019, c. 336, §1 (AMD).]

12-A. General obligation debt; assessment and collection; withdrawal. In the case of an education service center authorized to issue bonds or notes under the terms of an interlocal agreement, the following provisions apply. A. Bonds and notes issued by an education service center are general obligations of the education service center. The provisions of sections 15695 and 15695‑A apply, including provisions for the assessment and collection of taxes, the levy of ad valorem taxes without limit as to rate or amount upon all taxable property within the education service center and the rights and protection of bondholders. [PL 2019, c. 219, §12 (REV); PL 2019, c. 336, §2 (NEW).] B. An education service center board shall include in each budget an amount sufficient to pay debt service on approved bonds or notes. The cost-sharing, assessment and payment process under section 3801, subsection 3, paragraph A , subparagraph (4) must include determining debt service amounts, except that the principal and interest payments on debt approved for purposes of state subsidy are shared by the members of the education service center in accordance with the commissioner's allocation under subsection 12 . The school budget of each member must include an amount that is its share of the education service center costs, including debt service costs. Each member shall raise and assess a sufficient amount for its share of annual debt service not paid from other sources and may collect those amounts in the manner provided by law for school taxes. If the treasurer of a member fails to timely pay any installment by the date required, the education service center has the same rights and remedies of enforcement, including interest, court costs and attorney's fees, and the court has the same powers, as is provided for enforcement of regional school unit installments under section 1489, subsection 6 . [PL 2019, c. 219, §12 (REV); PL 2019, c. 336, §2 (NEW).] C. Whenever a member withdraws from an education service center having outstanding indebtedness, including bonds, notes and lease-purchase agreements, the education service center remains intact for purposes of securing and retiring the indebtedness. A withdrawal agreement may provide for alternate means for retiring outstanding indebtedness. [PL 2019, c. 219, §12 (REV); PL 2019, c. 336, §2 (NEW).] [PL 2019, c. 219, §12 (REV); PL 2019, c. 336, §2 (NEW).]

13. Withdrawal from education service center. If a single school administrative unit applies to withdraw, it must demonstrate to the commissioner that the school administrative unit's withdrawing is in the best interests of the withdrawing school administrative unit and of any of the remaining member school administrative units of the education service center. [PL 2019, c. 219, §3 (AMD).]

14. Dissolution of education service center. An education service center may not be dissolved unless it applies to the commissioner for approval and: A. All member school administrative units apply to transfer to another education service center; or [PL 2019, c. 219, §3 (AMD).] B. If all the member school administrative units of an education service center apply to dissolve the education service center, they demonstrate to the commissioner that it is in the best interests of the member school administrative units of the education service center to dissolve the education service center. [PL 2019, c. 219, §3 (AMD).] [PL 2019, c. 219, §3 (AMD).]

15. Reporting requirements. An education service center must meet state and federal reporting requirements on behalf of each member school administrative unit. [PL 2019, c. 219, §3 (AMD).]
20-A M.R.S. § 15671 — ME Code / Title 20-A / Part 7 / Chapter 606-B / Section 15671
20-A §15671. Essential programs and services
Status: in_force

Essential programs and services are those educational resources that are identified in this chapter necessary to ensure the opportunity for all students to meet the standards in the 8 content standard subject areas and goals of the system of learning results established in chapter 222 . In order to achieve this system of learning results, school funding based on essential programs and services must be available in all schools on an equitable basis. Essential programs and services utilize resources that are currently provided or could be adapted to implement a system of learning results as well as additional resources, including federal funds, that are needed to ensure that these programs and services are available to all students. These essential programs and services provide the basis for the system of school funding. School funding must be adequate to fully provide for all of the staffing and other material resource needs of the essential programs and services identified by the Legislature. [PL 2021, c. 571, §17 (AMD).]

1. State and local partnership. The State and each local school administrative unit are jointly responsible for contributing to the cost of the components of essential programs and services described in this chapter. The state contribution to the cost of the components of essential programs and services must be made in accordance with this subsection: A. [PL 2021, c. 571, §18 (RP).] B. Beginning in fiscal year 2021-22, and in each subsequent fiscal year, the state share of the total cost of funding public education from kindergarten to grade 12, as described by essential programs and services, is 55%. [PL 2021, c. 571, §18 (AMD).] The commissioner shall use the funding level determined in accordance with this section as the basis for a recommended funding level for the state share of the cost of the components of essential programs and services. [PL 2021, c. 571, §18 (AMD).]

1-A. State funding for kindergarten to grade 12 public education. Beginning in fiscal year 2022-23 and in each fiscal year thereafter, if the annual target under subsection 7, paragraph B for the state share percentage of the total cost of funding public education from kindergarten to grade 12 for that fiscal year is less than 55%, the State shall increase the state share percentage of the funding for the cost of essential programs and services by at least one percentage point per year over the percentage of the previous year and the department, in allocating funds, shall make this increase in funding a priority. For those fiscal years that the funding appropriated or allocated for the cost of essential programs and services is less than 55% and is not sufficient to increase the state share percentage of the total cost of funding public education from kindergarten to grade 12 by at least one percentage point, no new programs or initiatives may be established for kindergarten to grade 12 public education within the department that would divert funds that would otherwise be distributed as general purpose aid for local schools pursuant to subsection 5 . [PL 2021, c. 571, §19 (AMD).]

2. Per-pupil rate amounts. A per-pupil rate represents an amount of funds that is to be made available for each subsidizable pupil. Per-pupil rates are determined pursuant to section 15676 . A. [PL 2005, c. 2, Pt. D, §33 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] B. [PL 2005, c. 2, Pt. D, §33 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] C. [PL 2005, c. 2, Pt. D, §33 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] D. [PL 2005, c. 2, Pt. D, §33 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] [PL 2005, c. 2, Pt. D, §33 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

3. Specialized student populations. In recognition that educational needs can be more costly for some student populations than for others, special student populations are specifically addressed in section 15675 and section 15681‑A, subsection 2 . A. [PL 2005, c. 2, Pt. D, §33 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] B. [PL 2005, c. 2, Pt. D, §33 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] C. [PL 2005, c. 2, Pt. D, §33 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] D. [PL 2005, c. 2, Pt. D, §33 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] [RR 2021, c. 2, Pt. A, §48 (COR).]

4. Educational cost components outside the per-pupil rate. A per-pupil rate is not a suitable method for allocation of all educational cost components. These components may include, but are not limited to, debt service, transportation, bus purchases, career and technical education, small school adjustments, teacher educational attainment and longevity of service and adjustments to general purpose aid. The funding methodology of these educational cost components must be established based on available research. [PL 2005, c. 2, Pt. D, §33 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF); PL 2005, c. 397, Pt. D, §3 (REV).]

5. Local control of expenditures. Except for those components that are targeted funds, funds provided for the essential programs and services described in this section must be distributed as general purpose aid for local schools, and each school administrative unit shall make its own determination regarding the configuration of resources best suited for its pupils and how to allocate available funds for these resources. [PL 2001, c. 660, §1 (NEW).]

5-A. Funds from casino slot machines or table games. Revenues received by the department from casino slot machines or casino table games pursuant to Title 8, section 1036, subsection 2‑A, paragraph A or Title 8, section 1036, subsection 2‑B, paragraph A must be distributed as general purpose aid for local schools, and each school administrative unit shall make its own determination as to how to allocate these resources. Neither the Governor nor the Legislature may divert the revenues payable to the department to any other fund or for any other use. Any proposal to enact or amend a law to allow distribution of the revenues paid to the department from casino slot machines or casino table games for another purpose must be submitted to the Legislative Council and to the joint standing committee of the Legislature having jurisdiction over education matters at least 30 days prior to any vote or public hearing on the proposal. [PL 2017, c. 284, Pt. C, §16 (AMD).]

6. Targeted funds. Funds for technology, implementation of a standards-based system and the costs of additional investments in educating children in kindergarten to grade 2 as described in section 15681 must be provided as targeted allocations. State funds for extended learning provided above the basic economically disadvantaged student adjustment in section 15675, subsection 2 must also be provided as targeted allocations and restricted to approved programs that benefit economically disadvantaged students. [PL 2021, c. 571, §20 (AMD).]

7. Transition; annual targets. To achieve the system of school funding based on essential programs and services required by this section, the following annual targets are established. A. The base total calculated pursuant to section 15683, subsection 2 is subject to the following annual targets. (1) For fiscal year 2005-06, the target is 84%. (2) For fiscal year 2006-07, the target is 90%. (3) For fiscal year 2007-08, the target is 95%. (4) For fiscal year 2008-09, the target is 97%. (5) For fiscal year 2009-10, the target is 97%. (6) For fiscal year 2010-11, the target is 97%. (7) For fiscal year 2011-12, the target is 97%. (8) For fiscal year 2012-13, the target is 97%. (9) For fiscal years 2013-14, 2014-15, 2015-16, 2016-17 and 2017-18, the target is 97%. (10) For fiscal year 2018-19 and succeeding years, the target is 100%. [PL 2017, c. 284, Pt. C, §18 (AMD).] B. The annual targets for the state share percentage of the statewide adjusted total cost of the components of essential programs and services are as follows. (1) For fiscal year 2005-06, the target is 52.6%. (2) For fiscal year 2006-07, the target is 53.86%. (3) For fiscal year 2007-08, the target is 53.51%. (4) For fiscal year 2008-09, the target is 52.52%. (5) For fiscal year 2009-10, the target is 48.93%. (6) For fiscal year 2010-11, the target is 45.84%. (7) For fiscal year 2011-12, the target is 46.02%. (8) For fiscal year 2012-13, the target is 45.87%. (9) For fiscal year 2013-14, the target is 47.29%. (10) For fiscal year 2014-15, the target is 46.80%. (11) For fiscal year 2015-16, the target is 47.54%. (12) For fiscal year 2016-17, the target is 48.14%. (13) For fiscal year 2017-18, the target is 49.14%. (14) For fiscal year 2018-19, the target is 49.77%. (15) For fiscal year 2019-20, the target is 50.78%. (16) For fiscal year 2020-21, the target is 51.83%. (17) For fiscal year 2021-22 and subsequent fiscal years, the target is 55%. [PL 2021, c. 398, Pt. C, §1 (AMD).] C. Beginning in fiscal year 2011-12, the annual targets for the state share percentage of the total cost of funding public education from kindergarten to grade 12 including the cost of the components of essential programs and services plus the state contributions to the unfunded actuarial liabilities of the Maine Public Employees Retirement System that are attributable to teachers, retired teachers' health insurance and retired teachers' life insurance are as follows. (1) For fiscal year 2011-12, the target is 49.47%. (2) For fiscal year 2012-13, the target is 49.35%. (3) For fiscal year 2013-14, the target is 50.44%. (4) For fiscal year 2014-15, the target is 50.13%. (5) For fiscal year 2015-16, the target is 50.08%. (6) For fiscal year 2016-17, the target is 50.82%. (7) For fiscal year 2017-18, the target is 52.02%. (8) For fiscal year 2018-19, the target is 53.37%. (9) For fiscal year 2019-20, and subsequent fiscal years, the target is 55%. [PL 2019, c. 616, Pt. C, §2 (AMD).] [PL 2021, c. 398, Pt. C, §1 (AMD).]
20-A M.R.S. § 1473 — ME Code / Title 20-A / Part 2 / Chapter 103-A / Section 1473
20-A §1473. Election
Status: in_force

For the purpose of nominations, regional school unit board directors are considered municipal officials and must be nominated in accordance with Title 30‑A, chapter 121 or with a municipal charter, whichever is applicable. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

1. Initial meeting on regional school unit formation. On the election of the regional school unit board of directors, the clerk of each municipality within the regional school unit shall forward the names and addresses of the directors elected for that municipality to the state board with other data with regard to their election as the state board may require. On receipt of the names and addresses of all of the directors, the state board shall set a time, place and date for the first meeting of the directors and give notice to the directors in writing, sent by registered or certified mail, return receipt requested, to the addresses provided by the municipalities. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

2. Special provisions. In the election for representation under the methods provided under section 1472 , the provisions of this subsection apply. A. In an election under Method A pursuant to section 1472, subsection 1 : (1) Within 60 days, but no earlier than 45 days after notification by the regional school unit board of the approval of the reapportionment plan under section 1475 , the municipal officers shall call a special election to elect directors to serve under the plan for the regional school unit; (2) Nomination papers must be furnished by the secretary of the regional school unit at least 10 days before the deadline for filing nomination papers. Notwithstanding any other section of this Title, directors must be nominated by obtaining a minimum of 25 and a maximum of 50 signatures of registered voters residing within a subdistrict. The secretary shall notify the municipal officers of the names of candidates in each subdistrict; (3) The ballots must be prepared in accordance with subparagraph (7); (4) The clerks of each municipality shall forward to the secretary of the regional school unit the results of the vote by subdistrict; (5) The regional school unit board shall meet and total the votes cast for each candidate within each subdistrict and shall immediately notify the clerks in each municipality, the candidates and the commissioner of the results of the vote; (6) The terms of the directors elected under the original municipal representation system cease on the date that the newly elected directors are sworn into office; and (7) Notwithstanding any other provision of statute, directors must be elected by secret ballot. The ballots must be prepared for and distributed to the municipalities or subdistricts by the secretary of the regional school unit. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] B. In an election under Method B pursuant to section 1472, subsection 2 , a reduction in the number of directors, the addition of directors and the terms of office of additional directors must be in accordance with this chapter. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] C. In an election under Method C pursuant to section 1472, subsection 3 : (1) Nominations for directors must be made on petitions provided by the regional school unit secretary. The petitions must be signed as provided in Title 30‑A, section 2528, subsection 4 or, if the candidate is a voting resident in a municipality having a population of less than 200, signed by at least 20% of the registered voters of that municipality; (2) The petitions must be submitted to the registrar of voters in the respective municipalities for certification of the voting residence of the nominee and of the voters signing the petition; (3) The registrar of voters must return the certified petitions to the regional school unit secretary not later than 30 days prior to the date of the annual election to be held in the municipality; (4) The ballots must be prepared and distributed by the regional school unit secretary. It must give the number of offices to be filled and list the candidates by the municipality or subdistrict in which they are resident; (5) Notwithstanding any other provision of law, regional school unit board directors must be elected by secret ballot; (6) If member municipalities do not all conduct the election for directors on the same date, then all ballots cast in the elections must be impounded by the clerk of each municipality: (a) After all municipalities have voted, the clerks and one or more election supervisors designated by the municipal officers of each municipality shall meet at an agreed-upon location and tally the ballots; (b) The tally must be completed within one day of the last member municipality election; (c) The election supervisors shall select from among their members a chair, who shall supervise the tally of ballots; and (d) The clerk of each municipality shall as promptly as possible after the election certify to the regional school unit board the result of the voting in that municipality; and (7) Any recount petitions must be filed with the secretary of the regional school unit, and recounts must be conducted in each member municipality in accordance with the applicable laws. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
20-A M.R.S. § 11496 — ME Code / Title 20-A / Part 5 / Chapter 417-F / Section 11496
20-A §11496. Trust agreement; pledge of security
Status: in_force

1. Trust agreement. Any bonds issued under this chapter may be secured by a trust agreement by and between any or all of the following: the authority, a financial institution, a credit union and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the State. [PL 2003, c. 455, §2 (NEW).]

2. Pledge of security. This subsection governs a pledge of security pursuant to this chapter. A. All money received by the authority or received on behalf of the authority by any eligible lender, servicer, trustee, custodian or collection agent, pursuant to any resolution, trust agreement or any other agreement authorized by this chapter and pledged pursuant to a resolution, trust agreement or other agreement for the benefit of the bondholders, whether as proceeds from the sale of bonds or as revenues, is deemed to be trust funds to be held and applied solely as provided in such resolution, trust agreement or other agreement. Subject to the provisions of any such resolution, trust agreement or other agreement, any such money may be invested in such investments and investment agreements as may be approved by resolution of the authority. Any eligible lender, servicer, custodian or collection agent with which such money is deposited is deemed to be holding such money in trust for the benefit of the authority or the bondholders, as specified in the applicable resolution, trust agreement or other agreement and shall apply such money solely for the purposes of this chapter, subject to such restrictions as this chapter, the applicable resolution, trust agreement or other agreement may provide. [PL 2003, c. 455, §2 (NEW).] B. Any pledge made by the authority of income, revenues or other property is valid and binding from the time the pledge is made. The income, revenue or other property so pledged and received after being pledged by the authority, or received on behalf of the authority by any eligible lender, servicer, trustee, custodian or collection agent, pursuant to any resolution, trust agreement or other agreement that is authorized by this chapter and pledged pursuant to a resolution, trust agreement or other agreement for the benefit of the bondholders, is immediately subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge is valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, or such other recipient on behalf of the authority, irrespective of whether such parties have notice of that lien. Notwithstanding any other provision of law, neither possession nor the filing of any financing or continuation statement is necessary with respect to any such income, revenues or other property to establish or evidence the lien of any such pledge, including the creation, perfection, priority or enforcement of such lien, with respect thereto. A resolution authorizing bonds, a trust agreement or other agreement described in this section or any other instrument by which such a pledge is created does not need to be recorded. [PL 2003, c. 455, §2 (NEW).] [PL 2003, c. 455, §2 (NEW).]
20-A M.R.S. § 6208 — ME Code / Title 20-A / Part 3 / Chapter 222 / Section 6208
20-A §6208. Legislative intent
Status: in_force

The Legislature finds that because all children can learn at significantly higher levels, it is essential that the Legislature, the State Board of Education, the Department of Education, school administrative units, educators and parents provide children with schools that reflect high expectations and create conditions where these expectations can be met. Through a shared sense of accountability and a cooperative spirit among State Government, school administrative units, educators, parents, business persons, and the community, school administrative units and educators can develop and teach to high standards that will enable students to become productive and fulfilled members of society. The Legislature further finds that the system of learning results set forth in section 6209 and in department rules implementing that section and other curricular requirements will serve as a foundation for education reform, will promote assessment of student learning, will reinforce accountability and will encourage equity. The Legislature, therefore, encourages the State Board of Education, the Department of Education and school administrative units to employ a high degree of creativity in developing content standards and performance indicators and to explore a wide range of programs and options so that the standards adopted will reflect the highest possible expectations and assessments will be of the highest possible quality. The ultimate goal and intent of the Legislature is to ensure that the State's schools will enable today's students to gain the knowledge and skills necessary for postsecondary education, career and citizenship. [PL 2007, c. 259, §4 (AMD).]
20-A M.R.S. § 1051 — ME Code / Title 20-A / Part 2 / Chapter 101 / Section 1051
20-A §1051. Selection of superintendents
Status: in_force

The following provisions shall apply to the selection of superintendents. [PL 1981, c. 693, §§ 5, 8 (NEW).]

1. Eligibility requirements. Only those persons who hold a state certificate of superintendence grade, issued in accordance with chapter 501 or 502 , are eligible to become superintendents. Members of the school board are not eligible to become superintendent in the school administrative unit that they represent. Superintendents' certificates must be revoked in accordance with section 13020 . Grounds for revocation include, but are not limited to, the employment or retention of uncertified personnel in a school administrative unit in violation of this Title or of any rules adopted pursuant to this Title. [PL 2001, c. 588, §11 (AMD).]

2. Appointment. The school board shall elect, by majority vote of the full membership, the superintendent. The school board, upon notification by the commissioner, shall meet no later than December 31st of the year preceding the expiration of the superintendent's contract, at a day and place determined by the chair of the school board. When a vacancy occurs, the school board shall meet as soon as possible to choose a superintendent. [PL 2001, c. 588, §12 (AMD).]

3. Term. The superintendent's term shall be established by the school board. A. The term may not exceed 5 years. [PL 1981, c. 693, §§ 5, 8 (NEW).] B. The term shall expire on June 30th of the year of expiration. [PL 1981, c. 693, §§ 5, 8 (NEW).] [PL 1981, c. 693, §§ 5, 8 (NEW).]

4. Failure to elect. If the school board fails to elect a superintendent by June 30th, the school board may appoint a competent and qualified agent, with the advice and consent of the commissioner, to serve in that capacity until a superintendent is elected. [PL 1981, c. 693, §§ 5, 8 (NEW).]

5. Notice to the commissioner. Annually and when a new superintendent is chosen, the chairman and secretary of the school board shall certify under oath to the commissioner, on forms provided by the commissioner, all facts relating to the unit's selection of a superintendent. [PL 1981, c. 693, §§ 5, 8 (NEW).]

6. Election in certain units. The following provisions shall apply to the election of superintendents by certain units. A. In a school union, the union committee shall perform the functions of a school board. [PL 1981, c. 693, §§ 5, 8 (NEW).] B. In a school administrative unit governed by a private and special law that provides for the election of a superintendent, the governing board shall elect a superintendent in the manner provided in that law. [PL 1981, c. 693, §§ 5, 8 (NEW).] C. In a community school district, the district school committee shall elect the superintendent. [PL 1981, c. 693, §§ 5, 8 (NEW).] D. A group of school administrative units that have an interlocal agreement pursuant to Title 30‑A, chapter 115 in order to establish an education service center to jointly purchase the services of a superintendent may elect the superintendent in the manner prescribed in their interlocal agreement. [PL 2019, c. 219, §1 (AMD).] [PL 2019, c. 219, §1 (AMD).]
20-A M.R.S. § 8 — ME Code / Title 20-A / Part 1 / Chapter 1 / Section 8
20-A §8.  Public school innovation
Status: in_force

In order to support a culture of research and development and elevate the professionalism of the State's education practitioners, the commissioner shall encourage school administrative units to pursue continuous improvement processes to identify opportunities to innovate school structures and policies as a means of more effectively meeting the learning needs and improving the academic performance of all students. The public and private postsecondary institutions of higher education in the State are urged to partner with the department, the state board and school administrative units to provide appropriate and timely professional development programs and other support services to educators employed in public schools engaged in school innovation efforts. [PL 2021, c. 571, §1 (AMD).]

1. School innovation. For the purposes of this section, the term "school innovation" means the process by which schools and communities use pilot programs and make significant changes in the existing school structure, including the policies, roles, relationships, pathways and schedules that influence teaching and learning in the school. School innovation recognizes the critical educational role of technology and integrates technology and technological systems in the classroom, in school governance and in school record keeping. School innovation is based on: A. The development of comprehensive educational goals establishing community expectations for what all students should know, the skills they should possess, the attitude toward work and learning they should hold upon completing school and the role of the school in the community; [PL 1991, c. 407, §1 (NEW).] B. A formal appraisal of the basic structures that govern operation of the school; and [PL 1991, c. 407, §1 (NEW).] C. A commitment to revise the basic school structure to achieve the comprehensive educational goals. [PL 1991, c. 407, §1 (NEW).] School innovation, which is most effectively carried out at the local level, depends on community and educator involvement and approval and student participation. School innovation includes understanding of the various roles of stakeholders, including parents, students, teachers, administrators, support staff, postsecondary education institutions and officials and various segments of the community. It focuses on understanding and defining the root cause of challenges and innovates and tests solutions. School innovation may include a significantly broadened role for schools and school administrative units that engage in education research and development. The commissioner may designate a school administrative unit that engages in education research and development as a demonstration site. [PL 2021, c. 571, §1 (AMD).]

2. Waiver of rules for local schools. A school administrative unit undergoing school innovation may request that the commissioner waive the application of specific rules to that unit, or to certain schools in that unit, if the waiver is necessary to achieve the proposed innovation. The commissioner shall grant a waiver if the requesting unit, as determined by the commissioner, has: A. Demonstrated that one or more state rules prevent or seriously handicap the unit's pursuit of its innovation goals; [PL 2021, c. 571, §1 (AMD).] B. Demonstrated that reasonable steps have been taken to provide the safeguards offered by the rules in question to allow continued educational progress by students and protect the continuity and integrity of the unit and employees of that unit; [PL 1991, c. 407, §1 (NEW).] C. Provided evidence that the necessary resources and community and staff support are present to ensure that the innovative changes requiring the waiver stand a reasonable chance of succeeding; and [PL 2021, c. 571, §1 (AMD).] D. Informed any bargaining agent or agents representing affected school employees of the waiver request. [PL 2021, c. 571, §1 (AMD).] E. [PL 2021, c. 571, §1 (RP).] The request for the waiver must include documentation to substantiate the conditions of this subsection. If the request is denied, the commissioner shall provide the reasons for denying the request to the school unit. [PL 2021, c. 571, §1 (AMD).]

3. Waiver of rules for educator preparation programs. In order to prepare educators to work in innovative schools, an educator preparation program may request that the state board waive the application of specific rules governing approval of that program. The state board shall grant waiver requests if, in the board's opinion, the program has: A. Demonstrated that the rules for which a waiver is requested prevent or seriously handicap the program in its pursuit of a plan to meet the educational needs of its students and the staffing needs of innovative schools; [PL 2021, c. 571, §1 (AMD).] B. Demonstrated that reasonable steps have been taken to provide the safeguards offered by the rules in question to allow continued educational progress by students and protect the continuity and integrity of the program and employees of that program; [PL 1991, c. 407, §1 (NEW).] C. Provided evidence that the necessary resources and support from the governing body and staff of an institution of higher education are present to ensure that the changes requiring the waiver stand a reasonable chance of succeeding; [PL 1991, c. 407, §1 (NEW).] D. Informed any bargaining agent or agents representing affected program employees of the waiver request; and [PL 1991, c. 407, §1 (NEW).] E. Developed service, research and teaching relationships with one or more innovative public schools. [PL 2021, c. 571, §1 (AMD).] The request for the waiver must include documentation to substantiate the conditions of this subsection. If the request is denied, the state board shall communicate the reasons for denying the request to the petitioning program. [PL 2021, c. 571, §1 (AMD).]
20-A M.R.S. § 1101 — ME Code / Title 20-A / Part 2 / Chapter 103 / Section 1101
20-A §1101. Organization of school administrative units
Status: in_force

It is declared policy of the State to encourage the development of school administrative units of sufficient size to provide: [PL 1981, c. 693, §§ 5, 8 (NEW).]

1. Opportunity. A more equalized educational opportunity for pupils; [PL 1981, c. 693, §§ 5, 8 (NEW).]

2. Programs. Satisfactory school programs; [PL 1981, c. 693, §§ 5, 8 (NEW).]

3. Tax rates. A greater uniformity of school tax rates among the units; and [PL 1981, c. 693, §§ 5, 8 (NEW).]

4. Public funds. A more effective use of the public funds expended for the support of public schools. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 12528 — ME Code / Title 20-A / Part 5 / Chapter 428-A / Section 12528
20-A §12528. Nonlapsing revolving fund
Status: in_force

1. Creation of fund. The Maine Engineers Recruitment and Retention Program Fund, referred to in this section as "the fund," is created as a nonlapsing, interest-earning, revolving fund to carry out the purposes of this chapter. The fund must be deposited with, maintained and administered by the authority. Any unexpended balance in the fund carries over for continued use under this chapter. The authority may receive, invest and expend on behalf of the fund money from gifts, grants, bequests, loans and donations in addition to money appropriated or allocated by the State. Money received by the authority on behalf of the fund, except interest income, must be used for the purposes of this chapter; interest income may be used for the purposes of this chapter or to pay administrative costs incurred by the authority, as determined appropriate by the authority. [PL 2003, c. 710, §2 (NEW).]

2. Administrative expenses. Costs and expenses of maintaining, servicing and administering the fund and administering the program may be paid out of amounts in the fund. [PL 2003, c. 710, §2 (NEW).]
20-A M.R.S. § 15689-B — ME Code / Title 20-A / Part 7 / Chapter 606-B / Section 15689-B
20-A §15689-B. Authorization and schedules of payment of state subsidy; appeals
Status: in_force

1. Schedules of payment of unit allocation. The commissioner shall authorize state subsidy payments to the school administrative units to be made in accordance with time schedules set forth in sections 15005 , 15689‑D and 15901 to 15910 . [PL 2005, c. 2, Pt. D, §61 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

2. Notification of allocation; commissioner's duty; superintendent's duty. The following provisions apply to notification of allocation by the commissioner and each superintendent. A. The commissioner shall annually, prior to February 1st, notify each school board of the estimated amount to be allocated to the school administrative unit. [PL 2005, c. 2, Pt. D, §61 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] B. Each superintendent shall report to the municipal officers whenever the school administrative unit is notified of the allocation or a change is made in the allocation resulting from an adjustment. [PL 2005, c. 2, Pt. D, §61 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] [PL 2005, c. 2, Pt. D, §61 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

2-A. Notification of state contribution to public charter schools. The commissioner shall annually, prior to February 1st, notify the governing board of each public charter school of the estimated amount of state contribution to be allocated to the public charter school pursuant to section 15683‑B and post these estimated contributions on the department's publicly accessible website. The posted state contributions must be itemized for each public charter school within a single table and include the complete totals allocated for each public charter school including the amounts directed to the Maine Charter School Commission. These tabulations must be maintained as yearly records and updated whenever the department recalculates any allocations. [PL 2017, c. 284, Pt. C, §55 (AMD).]

3. Payments of state subsidy to unit's treasurer; basis. State subsidy payments must be made directly to the treasurer of each school administrative unit. The payments must be based on audited financial reports submitted by school administrative units. [PL 2005, c. 2, Pt. D, §61 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

4. Appeals. A school board may appeal the computation of state subsidy for the school administrative unit to the state board in writing within 30 days of the date of the initial notification of the computed amount of the component that is the subject of this appeal. The state board shall review the appeal and make an adjustment if in its judgment an adjustment is justified. The state board's decision is final as to facts supported by the record of the appeal. [PL 2009, c. 571, Pt. E, §24 (AMD).]

5. School purpose expense requirement. Notwithstanding any other law, money allocated for school purposes may be expended only for school purposes. [PL 2005, c. 2, Pt. D, §61 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

6. Balance of allocations. Notwithstanding any other law, general operating fund balances at the end of a school administrative unit's fiscal year must be carried forward to meet the unit's needs in the next year or over a period not to exceed 3 years. Unallocated balances in excess of 9% of the previous fiscal year's school budget must be used to reduce the state and local share of the total allocation for the purpose of computing state subsidy. School boards may carry forward unallocated balances in excess of 9% of the previous fiscal year's school budget and disburse these funds in the next year or over a period not to exceed 3 years. [PL 2025, c. 208, §1 (AMD).]

7. Required data; subsidy payments withheld. A school administrative unit shall provide the commissioner with information that the commissioner requests to carry out the purposes of this chapter, according to time schedules that the commissioner establishes. The commissioner may withhold monthly subsidy payments from a school administrative unit when information is not filed in the specified format and with specific content and within the specified time schedules. If the school administrative unit files the information in the specified format, the department shall include the payment of the withheld subsidy in the next regularly scheduled monthly subsidy payment. [PL 2011, c. 223, §2 (AMD).]

7-A. Penalty for late submission of required data. Notwithstanding any other provision of this Title, the commissioner may assess a subsidy penalty for a school administrative unit or career and technical education region that has not filed the required data pursuant to subsection 7 within 3 months of the due date in an amount equal to 1% of that unit's or region's monthly subsidy check times the number of months past due. [PL 2021, c. 571, §35 (AMD).]

8. Unobligated balances. Unobligated balances from amounts appropriated for general purpose aid for local schools may not lapse but must be carried forward to the next fiscal year. [PL 2005, c. 2, Pt. D, §61 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

9. Career and technical education region. This section applies to a career and technical education region in the same manner as to a school administrative unit. [RR 2021, c. 2, Pt. A, §51 (COR).]
20-A M.R.S. § 3670 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3670
20-A §3670. Inconsistency of language
Status: in_force

The validity of this compact shall not be affected by any insubstantial differences in its form or language as adopted by the 2 states. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 12801 — ME Code / Title 20-A / Part 5 / Chapter 433 / Section 12801
20-A §12801. Disqualification for state financial assistance
Status: in_force

Any person who is required to present for and submit to registration under the United States Military Selective Services Act, 50 United States Code, Section 451, et seq., and who fails to do so is ineligible to receive any state funded grant, scholarship or loan made available to persons enrolled in post-secondary educational programs. [RR 2019, c. 2, Pt. B, §22 (COR).]

The officials who administer those financial assistance programs may require an applicant to submit written proof of registration prior to the award of a post-secondary educational grant, loan or scholarship. [PL 1987, c. 142 (NEW).]
20-A M.R.S. § 8204 — ME Code / Title 20-A / Part 4 / Chapter 312 / Section 8204
20-A §8204. Board of trustees
Status: in_force

The board of trustees as established in Title 5, section 12004-C, subsection 6 is the policy-making authority and the governing body of the school. [PL 1993, c. 706, Pt. A, §4 (NEW).]

1. Membership. In appointing members to the board of trustees, the Governor shall give proper consideration to achieving statewide geographical representation and gender equity. The board of trustees consists of 17 voting members and 2 nonvoting members as follows: A. The Commissioner of Education or the commissioner's designee; [PL 1993, c. 706, Pt. A, §4 (NEW).] B. The Chancellor of the University of Maine System or the chancellor's designee; [PL 1993, c. 706, Pt. A, §4 (NEW).] C. A member of the regional school unit board of the regional school unit in which the school is located, who must be from the community in which the school is located, or the member's designee; [PL 2009, c. 486, §5 (RPR).] D. One member who is a citizen of Limestone and has an active interest in education, appointed by the Governor; [PL 1993, c. 706, Pt. A, §4 (NEW).] E. [PL 2005, c. 129, §1 (RP).] F. Three members who are teachers, one of whom is a full-time teacher at the school who is a nonvoting member and is annually elected by members of the school's faculty and 2 of whom are teachers in the State representing different geographic regions of the State, appointed by the Governor. Both full-time and part-time teachers at the school may vote in the election of a faculty member to serve on the board of trustees, and the election must be by secret ballot; [PL 2009, c. 486, §6 (AMD).] G. Ten members of the general public appointed by the Governor, at least 4 of whom must be scientists, engineers or mathematicians employed within the business or industrial community, one of whom must be a graduate of the Maine School of Science and Mathematics and one of whom must be a parent of a student or of a graduate who graduated within 5 years prior to the parent's appointment to the board of trustees. All appointments under this paragraph are subject to review by the joint standing committee of the Legislature having jurisdiction over education matters and subject to confirmation by the Legislature; [PL 2005, c. 129, §2 (AMD).] H. [PL 2005, c. 129, §3 (RP).] I. One student member who is a voting member and has been elected as the presiding officer of the student body. The student member may not participate as a board member in executive sessions and may not vote in a public proceeding on any matter that was discussed or considered during an executive session; and [PL 2009, c. 486, §7 (AMD).] J. The executive director of the school, who serves as the clerk of the board of trustees and is a nonvoting member. [PL 2011, c. 473, §3 (AMD).] [PL 2011, c. 473, §3 (AMD).]

2. Chair. The board of trustees shall choose annually one of its members to serve as chair. [PL 1993, c. 706, Pt. A, §4 (NEW).]

3. Meetings. The board of trustees shall meet at least 4 times a year at regular intervals. [PL 1993, c. 706, Pt. A, §4 (NEW).]

4. Quorum. A quorum for the transaction of business is constituted by the attendance of 1/3 of all voting members and all official actions of the board of trustees require a majority vote of those members present and voting. [PL 2009, c. 486, §8 (AMD).]

5. Compensation. Members are compensated pursuant to Title 5, section 12004‑C, subsection 6 . [PL 1993, c. 706, Pt. A, §4 (NEW).]

6. Terms. The terms of the members of the board of trustees who are appointed by the Governor are for 4-year terms unless otherwise designated. The terms of the 2 teachers appointed by the Governor are staggered. Of the initial appointees, one is appointed for a term of 2 years and one is appointed for a term of 4 years. The 10 members of the general public serve 4-year staggered terms. Members may be appointed for consecutive terms. [PL 2005, c. 129, §4 (AMD).]

7. Conflict of interest. A board of trustees member shall attempt to avoid conflicts of interest by disclosure or by abstention. [PL 2009, c. 486, §9 (NEW).]
20-A M.R.S. § 5802 — ME Code / Title 20-A / Part 3 / Chapter 219 / Section 5802
20-A §5802. Residents on state-owned property
Status: in_force

The commissioner shall, in accordance with procedures established in section 5401, subsection 6 , reimburse a school administrative unit for approved tuition for students who reside on state-owned property. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 15672 — ME Code / Title 20-A / Part 7 / Chapter 606-B / Section 15672
20-A §15672. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 504, Pt. A, §6 (NEW).]

1. Allocation year. "Allocation year" means the year that subsidy is distributed to school administrative units. [PL 2003, c. 504, Pt. A, §6 (NEW).]

1-A. Adjusted total cost of components of essential programs and services. [PL 2021, c. 571, §21 (RP).]

1-B. Base year. "Base year" means the 2nd year prior to the allocation year. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

1-C. Bus purchase costs. "Bus purchase costs" includes expenditures for bus purchase payments approved by the commissioner and made during the year prior to the allocation year. [PL 2021, c. 571, §22 (AMD).]

1-D. Career and technical education costs. [PL 2021, c. 571, §23 (RP).]

2. Clerical staff. "Clerical staff" means full-time equivalent public school secretaries, as documented in the department's database. [PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

2-A. Debt service costs. "Debt service costs," for subsidy purposes, includes: A. Principal and interest costs for approved major capital projects in the allocation year, excluding payments made with funds from state and local government accounts established under the federal Internal Revenue Code and regulations for disposition of excess, unneeded proceeds of bonds issued for a school project and excluding any principal and interest costs attributable to a school closed for lack of need pursuant to chapter 202 ; [PL 2013, c. 167, Pt. B, §1 (AMD).] B. Lease costs for school buildings when the leases, including leases under which the school administrative unit may apply the lease payments to the purchase of portable, temporary classroom space, have been approved by the commissioner for the year prior to the allocation year. Lease costs include costs for leasing: (2) Temporary and interim instructional space. Temporary space is instructional space consisting of one or more mobile or modular buildings that are portable, that are constructed on- or off-site and that can be disassembled and moved economically to a new location. Interim instructional space is fixed instructional space that a school administrative unit rents for a defined period of time and then vacates at the end of the lease. (a) A school administrative unit with state-approved need for instructional space may lease temporary or interim space, with state support, for a maximum of 5 years. A school administrative unit may appeal to the commissioner if this limitation presents an undue burden. When making a determination on a school administrative unit's request for relief based on undue burden, the commissioner may consider the following: (i) Fiscal capacity; (ii) Enrollment demographics; (iii) Unforeseen circumstances not within the control of the appealing school administrative unit; and (iv) Other relevant factors. An extension granted by the commissioner beyond the 5-year maximum for state support is limited to a period of one year. An additional request for an extension must be submitted and reviewed on an annual basis. The commissioner's decision is final. (b) A school administrative unit with state-approved need for instructional space may engage in a lease-purchase agreement for temporary or interim instructional space with state support for a maximum of 5 years; (3) Permanent small instructional space that replaces existing approved leased temporary or interim instructional space. Permanent small instructional space consists of new buildings or additions to existing buildings that are secured to a permanent foundation. Once an existing leased temporary or interim instructional space has been replaced by a permanent small instructional space through an approved financing agreement, that space is eligible for state support for a maximum of 10 years; and (4) Regional programs and services space. A school administrative unit engaged in a state-approved lease-purchase agreement for regional programs and services space that serves students from 2 or more school administrative units is eligible for state support for a maximum of 5 years. The department shall adopt rules necessary to implement this paragraph. Rules adopted by the department to implement this paragraph are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A ; and [PL 2021, c. 571, §§24, 25 (AMD).] C. The portion of the tuition costs applicable to the insured value factor for the base year computed under section 5806 . [PL 2007, c. 111, §4 (AMD).] D. [PL 2007, c. 111, §5 (RP).] [PL 2021, c. 571, §§24, 25 (AMD).]

2-B. Debt service adjustment mill rate. "Debt service adjustment mill rate" is the mill rate derived by dividing 45% of the debt service costs by the property fiscal capacity for all school administrative units. [PL 2005, c. 519, Pt. AAAA, §3 (NEW).]

3. Economically disadvantaged students. "Economically disadvantaged students" means students who are included in the department's count of students who are eligible for free or reduced-price meals or free milk or both. [PL 2003, c. 504, Pt. A, §6 (NEW).]

4. Education technician. "Education technician" means a full-time equivalent public teacher aide or education technician I, associate teacher or education technician II or assistant teacher or education technician III but not a special education technician I, II or III, as documented in the department's database. [PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

5. Elementary free or reduced-price meals percentage. "Elementary free or reduced-price meals percentage" means the percentage, as determined by the commissioner, that reflects either: A. The actual percentage of elementary students in a school administrative unit who are eligible to receive free or reduced-price meals or free milk or both; or [PL 2003, c. 504, Pt. A, §6 (NEW).] B. The commissioner's estimated percentage of elementary students in a school administrative unit who are eligible to receive free or reduced-price meals or free milk or both. [PL 2003, c. 504, Pt. A, §6 (NEW).] [PL 2003, c. 504, Pt. A, §6 (NEW).]

6. Elementary grades. "Elementary grades" means public preschool programs to grade 8. [PL 2007, c. 141, §13 (AMD).]

7. Elementary school level. "Elementary school level" means the grades from public preschool programs to grade 5. [PL 2007, c. 141, §14 (AMD).]

7-A. EPS per-pupil rate. "EPS per-pupil rate" means the rate calculated under section 15676 or 15676‑A , as applicable. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

7-B. English learner. "English learner" means a student who has a primary or home language other than English, as determined by a language use survey developed by the department; who is not yet proficient in English, as determined by a state-approved English language proficiency assessment; and who satisfies the definition of an English learner under the federal Elementary and Secondary Education Act of 1965, as amended, 20 United States Code, Chapter 70. [PL 2019, c. 398, §30 (NEW).]

8. Essential programs and services. "Essential programs and services" means those educational resources that are identified in this chapter that enable all students to meet the standards in the 8 content standard subject areas and goals of the system of learning results established in chapter 222 . [PL 2017, c. 284, Pt. C, §25 (AMD).]

9. Essential programs and services transition percentage. [PL 2021, c. 571, §26 (RP).]

9-A. Gifted and talented costs. "Gifted and talented costs" means the cost of programs for gifted and talented students that have been approved by the commissioner. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

10. Grade 9 to 12 portion. "Grade 9 to 12 portion" means those pupils in the secondary grades or high school level. [PL 2003, c. 504, Pt. A, §6 (NEW).]

11. Guidance staff. "Guidance staff" means full-time equivalent public guidance counselors, directors of guidance or school social workers, as documented in the department's database. [PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

12. Health staff. "Health staff" means full-time equivalent public school nurses, as documented in the department's database. [PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

13. High school level. "High school level" means grade 9 to grade 12. [PL 2003, c. 504, Pt. A, §6 (NEW).]

13-A. Institutional resident. "Institutional resident" means a person between 5 years of age and 20 years of age who is attending a public school of the school administrative unit and who is committed or otherwise legally admitted to and residing at a state-operated institution. "Institutional resident" does not include students attending private facilities, regardless of the means of placement. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

14. Income weight. [PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

14-A. Kindergarten. "Kindergarten" means kindergarten or a prekindergarten early education program for students who are at least 4 years of age on October 15th of the school year. [PL 2017, c. 284, Pt. C, §26 (NEW).]

15. Kindergarten to grade 8 portion. "Kindergarten to grade 8 portion" means those pupils in the elementary grades or a combination of the elementary school level and middle school level. [PL 2003, c. 504, Pt. A, §6 (NEW).]

16. Kindergarten to grade 2 student. "Kindergarten to grade 2 student" means a student in any grade from prekindergarten to grade 2 who is at least 4 years old on October 15th of the school year. [PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

17. Librarian. "Librarian" means a full-time equivalent public librarian or media specialist, as documented in the department's database. [PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

18. Limited English proficiency student. [PL 2019, c. 398, §31 (RP).]

18-A. Major capital costs. "Major capital costs" means costs relating to school construction projects, as defined in section 15901 . [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

19. Media assistant. "Media assistant" means a full-time equivalent public librarian aide or library technician I, librarian assistant or library technician II or librarian associate or library technician III, as documented in the department's database. [PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

20. Middle school level. "Middle school level" means grade 6 to grade 8. [PL 2003, c. 504, Pt. A, §6 (NEW).]

20-A. Minor capital costs. "Minor capital costs" means costs relating to plant maintenance, minor remodeling, site development or the purchase of land not in conjunction with a construction project. A. "Minor capital costs" does not include construction of new buildings or the purchase of land in conjunction with a school construction project. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] B. Expenditures to repay funds borrowed for minor capital expenditures must be considered minor capital costs in the year in which these funds are repaid. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] C. Purchase of land made in accordance with this subsection must be approved: (1) By the legislative body of the school administrative unit; and (2) By the commissioner, under rules adopted for this purpose. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

21. Municipality. "Municipality" means a city, town or organized plantation. [PL 2003, c. 504, Pt. A, §6 (NEW).]

21-A. Other subsidizable costs. "Other subsidizable costs" means those costs identified in section 15681‑A . These costs are part of the total operating allocation under section 15683 . [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

21-B. Portable, temporary classroom space. "Portable, temporary classroom space" means one or more mobile or modular buildings that are at least partially constructed off site and that are designed to be moved to other sites with a minimum of disassembly and reassembly. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

22. Per-pupil guarantee. [PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

22-A. Predicted per-pupil transportation costs. "Predicted per-pupil transportation costs" means the greater of: A. A pupil density model based on the net cost per resident pupil for each school administrative unit that is predicted by pupil density per mile of Class 1 to Class 5 roads in the school administrative unit and approved adjustments; and [PL 2005, c. 519, Pt. AAAA, §4 (NEW).] B. The average of the pupil density model under paragraph A and an odometer miles model based on the gross cost per pupil conveyed for each school administrative unit that is predicted by the odometer miles traveled per pupil conveyed by the school administrative unit. [PL 2005, c. 519, Pt. AAAA, §4 (NEW).] Approved adjustments include a per-mile rate equal to the state average gross transportation operating costs per mile driven for transportation associated with out-of-district special education programs, up to 2 round trips per day to each facility for transportation associated with career and technical education programs, and adjustments for expenditures for ferry services within a school administrative unit, transportation of homeless children in accordance with section 5205 and transportation costs of island school administrative units. [PL 2005, c. 519, Pt. AAAA, §4 (RPR).]

23. Property fiscal capacity. "Property fiscal capacity" means the average of the certified state valuations for the 3 most recent years prior to the most recently certified state valuation or the certified state valuation for the most recent prior year, whichever is lower. A. [PL 2021, c. 571, §27 (RP).] B. [PL 2021, c. 571, §27 (RP).] C. [PL 2021, c. 571, §27 (RP).] D. [PL 2021, c. 571, §27 (RP).] E. [PL 2021, c. 571, §27 (RP).] [PL 2021, c. 571, §27 (RPR).]

24. Property weight. [PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

25. School administrative staff. "School administrative staff" means full-time equivalent public school principals and assistant principals, as documented in the department's database. [PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

25-A. School administrative unit. "School administrative unit" means a school administrative unit as defined by section 1, subsection 26, paragraphs A to G . [PL 2011, c. 655, Pt. C, §6 (AMD).]

26. School administrative unit's local contribution to EPS per-pupil rate. "School administrative unit's local contribution to the EPS per-pupil rate" means the funds that a school administrative unit provides for each subsidizable pupil who resides in that unit. [PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

27. School administrative unit's state contribution to EPS per-pupil rate. "School administrative unit's state contribution to the EPS per-pupil rate" means the funds that the State provides to a school administrative unit for each subsidizable pupil who resides in that unit. [PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

28. School level. "School level" means elementary level, middle school level and high school level. [PL 2003, c. 504, Pt. A, §6 (NEW).]

29. School level teaching staff. "School level teaching staff" means full-time equivalent public classroom teachers, itinerant classroom teachers and special teachers of reading or literacy specialists excluding special education teachers and career and technical education teachers, as documented in the department's database. [PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF); PL 2005, c. 397, Pt. D, §3 (REV).]

30. Secondary grades. "Secondary grades" means grade 9 to grade 12. [PL 2003, c. 504, Pt. A, §6 (NEW).]

30-A. Special education costs. "Special education costs" for subsidy purposes includes: A. The salary and benefit costs of certified professionals, assistants and aides or costs of persons contracted to perform a special education service; [PL 2005, c. 12, Pt. WW, §4 (AMD).] B. The costs of tuition and board to other schools for programs that have been approved by the commissioner and not paid directly by the State. Medical costs are not allowable as part of a tuition charge; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] C. The following preschool disability services: (1) The salary and benefit costs of certified professionals, assistants and aides or persons contracted to perform preschool disability services that have been approved by the commissioner; and (2) The cost of tuition to other schools for programs that have been approved by the commissioner; and [PL 2021, c. 348, §27 (AMD).] D. Special education costs that are the costs of educational services provided to students who are temporarily unable to participate in regular school programs. Students who may be included are pregnant students, hospitalized students or those confined to their homes for illness or injury, students involved in substance use disorder programs within hospital settings or in residential rehabilitation facilities licensed by the Department of Health and Human Services for less than 6 weeks duration or students suffering from other temporary conditions that prohibit their attendance at school. Students served under this paragraph may not be counted as children with disabilities for federal reporting purposes. [PL 2017, c. 407, Pt. A, §63 (AMD).] [PL 2021, c. 348, §27 (AMD).]

30-B. State-operated institution. "State-operated institution" means any residential facility or institution that is operated by the Department of Health and Human Services or a school operated by the Department of Education. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

31. State share percentage. "State share percentage" means the percentage of the state contribution determined under section 15688, subsection 3‑A, paragraph D divided by the total cost determined in section 15688, subsection 1 . A. [PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] B. [PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] C. [PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] D. [PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] [RR 2005, c. 1, §3 (COR).]

31-A. State subsidy. "State subsidy" means the total of the state contribution determined under section 15688, subsection 3‑A, paragraph D and any applicable adjustment under section 15689 . [PL 2019, c. 501, §10 (AMD).]

31-B. Subsidizable costs. "Subsidizable costs" includes the costs described in paragraphs A to C and used to calculate the total allocation amount: A. The total operating allocation under section 15683 ; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] B. Debt service cost; and [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] C. Adjustments and miscellaneous costs under sections 15689 and 15689‑A including special education tuition and board, excluding medical costs. For purposes of this paragraph, "special education tuition and board" means: (1) Tuition and board for pupils placed directly by the State in accordance with rules adopted or amended by the commissioner; and (2) Special education tuition and other tuition for institutional residents of state-operated institutions attending programs in school administrative units or private schools in accordance with rules adopted or amended by the commissioner. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

32. Subsidizable pupils. "Subsidizable pupils" means all school level pupils who reside in a school administrative unit and who are educated at public expense at a public school or at a private school approved for tuition purposes. [PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

32-A. Total allocation. "Total allocation" means the total of the operating allocation as described in section 15683 and the debt service allocation as described in section 15683‑A . Nonsubsidizable costs are not considered in the calculation of the total allocation. "Nonsubsidizable costs" includes the following: A. Community service costs; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] B. Major capital costs; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] C. Expenditures from all federal revenue sources, except for amounts received under United States Public Law 81-874; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] D. Transportation costs not associated with transporting students from home to school and back home each day; and [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] E. Costs payable to the Maine Public Employees Retirement System under Title 5, section 17154, subsections 10 and 11 . [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF); PL 2007, c. 58, §3 (REV).] [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF); PL 2007, c. 58, §3 (REV).]

32-B. Total cost of components of essential programs and services. "Total cost of the components of essential programs and services" means the total of the following components: A. The base total determined pursuant to section 15683, subsection 1 ; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] B. Other subsidizable costs identified in section 15681‑A ; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] C. Debt service costs; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] D. Adjustments determined pursuant to section 15689 ; and [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] E. Miscellaneous costs appropriated pursuant to section 15689‑A . [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

32-C. Transportation operating costs. "Transportation operating costs" means all costs incurred in the transportation of pupils in kindergarten to grade 12, including lease costs for bus garage and maintenance facilities and lease-purchase costs that the school administrative unit may apply to the purchase of bus garage and maintenance facilities, when the leases and lease-purchase agreements have been approved by the commissioner, but excluding the costs of bus purchases and excluding all costs not associated with transporting students from home to school and back home each day. The amount includable for determining the subsidy for a school administrative unit for lease-purchase of bus garage and maintenance facilities may not exceed the amount for the lease of a comparable facility. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

32-D. Vocational education costs. [PL 2011, c. 679, §28 (RP).]

32-E. Year. "Year" means a fiscal year starting July 1st and ending June 30th of the succeeding year. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

33. Year of funding. "Year of funding" means the fiscal year during which state subsidies are disbursed to school administrative units, except as specified in section 15005, subsection 1 . [PL 2003, c. 504, Pt. A, §6 (NEW).]
20-A M.R.S. § 11612 — ME Code / Title 20-A / Part 5 / Chapter 419-A / Section 11612
20-A §11612. Eligibility
Status: in_force

The Maine State Grant Program is established. Under the program, grants may be given only to residents of the State who: [PL 2001, c. 70, §5 (AMD).]

1. Graduated. Have graduated from an approved secondary school or matriculated at a post-secondary school prior to high school graduation, or have successfully completed a general educational development examination or its equivalent; [PL 1989, c. 559, §10 (NEW).]

2. Accepted as undergraduate. Have been accepted for enrollment as undergraduates or are in good standing as undergraduates at institutions of higher education in an eligible program of study and have not received a previous baccalaureate degree; [PL 1989, c. 559, §10 (NEW).]

3. Applied for grants. Have applied for a Maine State Grant according to schedules and procedures and on forms developed by the authority; [PL 2001, c. 70, §6 (AMD).]

4. Demonstrate financial need. Have been determined by the authority to have a financial need according to the criteria set forth in section 11613 ; and [PL 1989, c. 559, §10 (NEW).]

5. State residency requirements. Meet the state residency requirements that may be established by rules adopted by the authority in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1989, c. 559, §10 (NEW).]
20-A M.R.S. § 9101 — ME Code / Title 20-A / Part 4 / Chapter 320 / Section 9101
20-A §9101. Innovative Instruction and Tutoring Grant Program Fund; standards; tutoring plan
Status: in_force

1. Innovative Instruction and Tutoring Grant Program Fund. The Innovative Instruction and Tutoring Grant Program Fund, referred to in this chapter as "the fund," is established in the department to encourage the facilitation of innovative instruction and tutoring programs, including so-called high-impact tutoring, that address learning loss or unfinished learning through the use of project-based learning and other interdisciplinary approaches. Eligible local education providers throughout the State may be awarded grants upon approval of their applications. The commissioner shall administer the fund. For the purposes of this chapter, "local education provider" means a school administrative unit, a school in the unorganized territory under chapter 119 , a public charter school under chapter 112 or a school or program established under subpart 2 . [RR 2021, c. 2, Pt. A, §43 (COR).]

2. Standards for award of grants. The commissioner shall establish eligibility standards for the award of grants from the fund under this section to local education providers and determine the allowable uses of grant money by eligible local education providers, including but not limited to hiring or contracting for program staff; providing stipends or other incentives to teachers, paraprofessionals, retired teachers and community organizations; developing curricula and related supplies; covering costs associated with renting or purchasing physical space for programming; and paying administrative expenses. [PL 2021, c. 632, §1 (NEW).]

3. Innovative instruction and tutoring program plan; eligibility. To be eligible for a grant under this section, a local education provider must submit an innovative instruction and tutoring program plan to the department. To the extent practicable, the plan must include a program that is: A. Provided for groups of students; [PL 2021, c. 632, §1 (NEW).] B. Provided to the same groups of students for a minimum of 6 weeks; [PL 2021, c. 632, §1 (NEW).] C. Provided by high-quality, trained staff, including but not limited to teachers, paraprofessionals or community providers; [PL 2021, c. 632, §1 (NEW).] D. Aligned with the local education provider's academic standards using high-quality content-rich, project-based curricula and that incorporates relevant student experiences and student background knowledge in the development of the learning projects; [PL 2021, c. 632, §1 (NEW).] E. Data-driven, with interim assessments to monitor student progress; and [PL 2021, c. 632, §1 (NEW).] F. Targeted to all students in a grade level or school. [PL 2021, c. 632, §1 (NEW).] If the innovative instruction and tutoring program plan does not include all of the components in this subsection, the plan must address the reason for the modification or omission and how the local education provider intends to achieve the same desired student outcomes. [PL 2021, c. 632, §1 (NEW).]

4. Priority. The commissioner shall prioritize grant awards for innovative instruction and tutoring program plans submitted pursuant to subsection 3 that address educational disparities due to race or income, serve students from low-income households or underserved students to address learning loss or unfinished learning due to extended gaps or interruptions in a student's education. The commissioner shall also prioritize grant awards for innovative instruction and tutoring program plans submitted pursuant to subsection 3 that include partnerships with community-based programs. [PL 2021, c. 632, §1 (NEW).]
20-A M.R.S. § 3622 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3622
20-A §3622. Certification of records
Status: in_force

The clerk of an interstate school district shall have the power to certify the record of the votes adopted at an interstate school district meeting to the respective commissioners and state boards and, where required, for filing with a secretary of state. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 1311 — ME Code / Title 20-A / Part 2 / Chapter 103 / Section 1311
20-A §1311. Power to borrow money
Status: in_force

A school administrative district may borrow money as follows. [PL 1981, c. 693, §§5, 8 (NEW).]

1. Board of directors. The board of directors may borrow money to pay for: A. Current operating expenses of the district if the loans are repaid within 13 months of the date of borrowing and are limited to an amount reasonably required for current operating expenses; [PL 1991, c. 121, Pt. A, §2 (AMD).] B. School construction projects as defined in section 15901 ; and [PL 1983, c. 422, §5 (AMD).] C. Minor capital costs as defined in section 15672, subsection 20‑A . [PL 2005, c. 2, Pt. D, §8 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] [PL 2005, c. 2, Pt. D, §8 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

2. Voter approval. Bonds or notes for school construction purposes shall first be approved by a majority of voters of the district voting at an election called by the board of directors and held as provided in sections 1351 to 1354 , except as is otherwise provided in this section. A. Each bond or note shall have inscribed upon its face the name of the district, the date it was issued, the amount of the bond or note and the annual interest rate, payable semiannually. Each bond or note shall be in the form and be sold in the manner, at public or private sale, as the board of directors shall determine in accordance with state law. Bonds may not be sold for less than par. [PL 1981, c. 693, §§5, 8 (NEW).] B. Notes or bonds issued by a district shall be signed by the treasurer or assistant superintendent and countersigned by the chairman of the board of directors of the district. If coupon bonds are issued, each coupon shall be attested by a facsimile signature of the treasurer. [PL 1981, c. 693, §§5, 8 (NEW).] C. Each issue of bonds must mature in substantially equal annual installments so that the first installment is payable not later than 2 years and the last installment not later than 30 years after the date of issue. [PL 2023, c. 210, §1 (AMD).] [PL 2023, c. 210, §1 (AMD).]

3. Temporary notes. Prior to issuing authorized school construction bonds or notes, the board of directors may borrow in anticipation of their sale by issuing temporary notes and renewal notes subject to the following. A. Their total face value amount may not exceed at any one time the authorized outstanding amount of the school construction bonds or notes. [PL 1981, c. 693, §§5, 8 (NEW).] B. If the proceeds of an issue of bonds are used in whole or in part to fund temporary notes, the period during which the issue of bonds is outstanding plus the period of the loan represented by the temporary notes or renewals may not exceed 30 years. [PL 2025, c. 197, §1 (AMD).] C. Temporary notes shall mature not later than 3 years from the date the first temporary note is issued. [PL 1981, c. 693, §§5, 8 (NEW).] D. Temporary notes and renewal notes shall be legal obligations of the district. [PL 1981, c. 693, §§5, 8 (NEW).] E. The board of directors of a district that has received a certificate of approval of a school construction project pursuant to former Title 20, section 3458 to be paid in accordance with the alternate method prescribed in former Title 20, section 3460 , may borrow in anticipation of unpaid portions of state aid and may issue temporary and renewal notes. [PL 2019, c. 398, §9 (AMD).] F. If the temporary or renewal notes in anticipation of state aid exceed the aggregate amount of state aid actually received by the district, the unexpended balance of those notes shall be used for the repayment. If an outstanding balance remains, it shall be included in the next annual budget and shall not be subject to change at the district budget meeting. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 2025, c. 197, §1 (AMD).]

4. Early redemption. Bonds or notes issued on behalf of a district may be made subject to call for redemption, with or without premium, at the election of the board of directors before the date fixed for final payment of those bonds or notes. When these bonds or notes are issued, they shall contain provisions setting forth the method by which the option to call may be exercised, the procedure for payment in the event of call and the legal effect of making the call. [PL 1981, c. 693, §§5, 8 (NEW).]

5. District status. Notes and bonds, and loans to pay current operating expenses, contracts, leases and agreements with the Maine School Building Authority, shall be legal obligations of the district. The district shall be a quasi-municipal corporation within the meaning of Title 30‑A, section 5701 and all the provisions of that section shall be applicable to them. [PL 1987, c. 737, Pt. C, §§41, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8,10 (AMD).]

6. Debt limit. The aggregate principal amount of outstanding bonds or notes issued by a district for school construction purposes shall not exceed, at any one time, 10% of the total of the last preceding state valuation of all the municipalities within the district, plus an amount not to exceed 4% of that total district valuation set by the state board at the time of the initial approval of the school construction project. A. Indebtedness in excess of 10% incurred under the law as it existed prior to April 1, 1974, is validated. [PL 1981, c. 693, §§5, 8 (NEW).] B. Outstanding school indebtedness assumed by the district shall be included in its limit of indebtedness, excluding contracts, leases or agreements with the Maine School Building Authority and notes in anticipation of state aid issued pursuant to subsection 3 . [PL 1981, c. 693, §§5, 8 (NEW).] C. The percentage limit of the indebtedness for bonds or notes for school construction purposes authorized after April 27, 1967 shall be fixed as of the time of authorization by the voters or, if no district meeting is held to authorize those bonds or notes, upon the expiration of 35 days following passage of a resolution of the board of directors as described in subsection 7 . [PL 1981, c. 693, §§5, 8 (NEW).] D. If the issuance of bonds or notes together with all outstanding indebtedness included within the district's limit of indebtedness would cause the district's indebtedness to exceed 10% of the total of the last preceding state valuation of all the municipalities within the district, the board of directors shall not issue those bonds or notes until they have received a certificate of approval pursuant to Title 20, section 3458 . [PL 1981, c. 693, §§5, 8 (NEW).] E. If a certificate of approval indicates that the state board has authorized state aid to be paid in accordance with the alternate method prescribed by former Title 20, section 3460, the total estimated amount of state aid payable on account of the school construction project described in the certificate of approval must be treated as outstanding school indebtedness for the purpose of computing the borrowing capacity of the district to finance that project by issuing its bonds or notes. State aid must be determined by applying the applicable percentage of state aid to the total estimated cost of the project, as set forth in the certificate of approval. [PL 2023, c. 405, Pt. A, §36 (AMD).] [PL 2023, c. 405, Pt. A, §36 (AMD).]

7. Bonds and notes under 1% of valuation. The board of directors may issue bonds or notes not to exceed 1% of the last preceding state valuation of all the municipalities within the district: A. By calling a district meeting to approve the issuance of those bonds or notes as provided in section 1304 ; or [PL 1981, c. 693, §§5, 8 (NEW).] B. By passing a resolution to that effect, setting forth the amount of the proposed issue and the purposes for which the proceeds will be used and meeting the following requirements. (1) The secretary of the board shall, within 5 days of the date of the passage of the resolution, cause attested copies of the resolution to be posted in 3 public and conspicuous places within each of the municipalities within the district. The secretary shall make a return of the posting stating its time and place. The return shall be kept with the records of the district and a copy of the return shall be mailed to each of the municipal officers of each municipality within the district. (2) If, within 35 days of the date of the passage of the resolution, petitions with signatures of at least 10% of the residents in the district eligible to vote on the date that the resolution was adopted, are filed with the secretary requesting a vote of the district to approve or disapprove the issuance of the bonds or notes, the secretary shall immediately notify the board. They shall call an election for that purpose as set forth in sections 1351 to 1354 . (3) The board shall not authorize bonds or notes by resolution if the amount of the proposed issue, together with the amount of any other bonds or notes authorized solely by resolution and which are for the same purpose, exceeds 1% of the total of the last state valuation of all the participating municipalities. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 1981, c. 693, §§5, 8 (NEW).]
20-A M.R.S. § 11811 — ME Code / Title 20-A / Part 5 / Chapter 421 / Section 11811
20-A §11811. Curriculum improvements
Status: in_force

The authority may allocate a portion of the fund established in section 11808 to support improvements in the curricula of primary care residency programs offered in this State. In accordance with criteria established by rules adopted pursuant to section 11810 , the chief executive officer may disburse funds allocated under this section to hospitals that provide primary care residency programs in the amounts necessary to make improvements in the curricula offered in those programs. [PL 1991, c. 830, §3 (NEW).]
20-A M.R.S. § 8609 — ME Code / Title 20-A / Part 4 / Chapter 315 / Section 8609
20-A §8609. Fees for adult education
Status: in_force

Fees for adult education are as follows. [PL 1991, c. 518, §41 (AMD).]

1. Registration fee. A unit, region or center shall establish a registration fee schedule for adult education courses and determine the use of those registration fees. [PL 2007, c. 131, §8 (AMD).]

2. Laboratory and materials fees. A unit, region or center may charge a person attending an adult education course a fee to cover the cost of laboratory supplies and materials used in such a course. [PL 2007, c. 131, §8 (AMD).]
20-A M.R.S. § 6975 — ME Code / Title 20-A / Part 3 / Chapter 229 / Section 6975
20-A §6975. Student eligibility
Status: in_force

A secondary school student is eligible to participate in secondary and postsecondary courses offered by a collaborative partnership formed pursuant to this chapter if the student is a full-time student at a public secondary school and enrolled in a career and technical education program at a career and technical education center or a career and technical education region. [PL 2013, c. 318, §3 (NEW).]
20-A M.R.S. § 1301 — ME Code / Title 20-A / Part 2 / Chapter 103 / Section 1301
20-A §1301. Finances
Status: in_force

A school administrative district may raise money for establishing and maintaining public schools, erecting buildings and providing equipment. [PL 1981, c. 693, §§5, 8 (NEW).]

1. Methods of sharing costs. The costs of operating a school administrative district must be shared among all municipalities within the district in one of the following ways. A. Under a property valuation method, municipalities in a district shall share costs in the same proportion as each municipality's fiscal capacity as defined in section 15672, subsection 23 is to the district's fiscal capacity. [PL 2005, c. 2, Pt. D, §3 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] B. Under an alternate plan approved by the state board and by a vote of the legislative bodies of the school administrative units forming the district and based on: (1) The number of resident pupils in each town; (2) The fiscal capacity of each member municipality as defined in section 15672, subsection 23 ; (3) Any combination of subparagraphs (1) and (2); or (4) Any other factor or combination of factors that may, but need not, include subparagraphs (1) and (2). [PL 2005, c. 2, Pt. D, §4 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] C. [PL 2001, c. 375, §1 (RP).] D. Notwithstanding paragraphs A and B , Title 30‑A, chapter 208‑A or any other provision of law, the state valuation used to calculate the shared cost for each municipality in a district with a municipal incentive development zone must include the increase in equalized just value of all industrial and commercial property located in the zone over the assessed value. [PL 1993, c. 696, §1 (NEW).] [PL 2005, c. 2, Pt. D, §§3, 4 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

2. Residents on federal property or state property. For the purposes of this chapter only, a district shall count students residing on land under the control of the Federal Government, on a federal military reservation, or on state property, as residents of the district but not as residents of a municipality. [PL 1985, c. 15 (AMD).]

3. Amendment of cost-sharing formulas. The cost-sharing formula may be amended as follows. A. If requested by a written petition of at least 10% of the number of voters voting in the last gubernatorial election within the district, or if approved by a majority of the full board of directors, the board of directors shall hold at least one meeting of municipal representatives to reconsider the method of sharing costs. The district shall give at least 15 days' notice to each municipality comprising the district of any meeting. [PL 2001, c. 375, §2 (AMD).] B. Each member municipality must be represented at the meeting or meetings by 2 representatives chosen at large by its municipal officers, and one member of the district board of directors chosen by the municipality's directors. [PL 2001, c. 375, §2 (AMD).] B-1. Prior to the first meeting of municipal representatives pursuant to paragraph A , the district shall engage the services of a facilitator selected from the list maintained by the commissioner under subsection 4, paragraph C , subparagraph 1. The facilitator shall: (1) At the first meeting, review and present data and information pertaining to sharing of costs within the district. Pertinent information may include, but is not limited to, the following: (a) A description of the district's cost-sharing method, the elements involved in the calculation of each municipality's costs and a graphic depiction of the current and historic distribution of costs in the district; and (b) If withdrawal of one or more district members is under consideration, the financial and educational impact of the withdrawal; (2) Solicit and prepare a balanced summary of the concerns of municipal officials, educators and the public about the current method of cost sharing; and (3) Develop a plan of action for consideration by the municipal representatives that responds to the information collected and the concerns raised. The plan of action must include a list of expectations for the conduct of the parties, options for proceeding and an assessment of the likely success of those options. [PL 2001, c. 375, §2 (NEW).] C. A change in the method of sharing costs may only be approved by a majority vote of the municipal representatives present and voting. [PL 2001, c. 375, §2 (AMD).] C-1. If a majority of the representatives from each municipality meeting pursuant to paragraph A are unable to agree on a recommendation on what the cost-sharing method for the district should be, within 15 days following the last meeting a knowledgeable 3rd party must be selected in accordance with rules adopted pursuant to subsection 4, paragraph C . The district is responsible for compensating the 3rd party. The 3rd party shall: (1) Prepare a written summary of the process to date, including an assessment of the fairness, accuracy and responsiveness of the recommendations of the facilitator engaged pursuant to paragraph B‑1 ; (2) Prepare an impartial recommendation regarding changing the method of cost sharing; and (3) Present the summary and recommendations to the municipal representatives for their consideration. [PL 2001, c. 375, §2 (NEW).] C-2. At an advertised public hearing, the municipal representatives shall solicit public input on the 3rd party's recommendation for cost sharing required under paragraph C‑1 and any alternative method or methods proposed by municipal representatives. [PL 2001, c. 375, §2 (NEW).] D. If a change in the cost-sharing method is approved by a majority of the municipal representatives meeting pursuant to paragraph A , the change must be submitted to the voters at a district meeting. It becomes effective when approved by a majority vote of the district in a district referendum called and held for this purpose in accordance with sections 1351 to 1354 , except that, if the proposed change is an alternative cost-sharing plan under subsection 1, paragraph B , subparagraph 4, the change must be approved by a majority of voters voting in a referendum in each municipality in the district instead of in a district referendum. [PL 2001, c. 375, §2 (AMD).] E. Assessments made by the school board thereafter must be made in accordance with the new method of sharing costs. [PL 2001, c. 375, §2 (AMD).] F. The secretary of the district shall notify the state board that the district has voted to change its method of sharing costs. The state board shall issue an amended certificate of organization showing this new method of sharing costs. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 2001, c. 375, §2 (AMD).]

4. Departmental assistance. The department shall provide the following services relating to changing district cost-sharing methods: A. The provision of information and data relating to cost sharing, including, but not limited to, a description of a district's method of cost sharing, the total assessment, the per pupil cost and mils raised for education for district members and the calculation of member costs. The information must be district-specific, comprehensive, easily understood by the general public, presented in graphic and spreadsheet format and available over the Internet. Written copies of the information described and additional information requested must be provided by the department upon receipt of a written request from a district school board or the legislative body of any municipality member of a district; [PL 2001, c. 375, §3 (NEW).] B. The provision of professional evaluation and assistance to districts and member municipalities considering changes in cost-sharing methods; and [PL 2001, c. 375, §3 (NEW).] C. The establishment and maintenance of lists of qualified, available individuals to assist districts considering changes in cost-sharing methods as follows: (1) Facilitators as required in subsection 3, paragraph B‑1 ; and (2) Knowledgeable 3rd parties as required in subsection 3, paragraph C‑1 . In establishing the lists, the department shall seek input from the Maine Municipal Association and Maine School Management Association or successor organizations. The department may adopt rules to define the qualifications, responsibilities and selection of individuals on the lists. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 375, §3 (NEW).] [PL 2001, c. 375, §3 (NEW).]
20-A M.R.S. § 2408 — ME Code / Title 20-A / Part 2 / Chapter 112 / Section 2408
20-A §2408. Charter contracts
Status: in_force

1. Charter contracts. When an application is approved, a charter contract must be executed in accordance with this section. A. After approval of an application and no later than 60 days prior to the opening date of the public charter school, the authorizer and the governing board shall execute a charter contract that sets forth: (1) Performance provisions describing the academic and operational performance expectations and measures by which the public charter school will be judged; (2) Administrative provisions articulating the administrative relationship between the authorizer and the public charter school, including each party's rights and duties; and (3) A description of the standards and processes under which the authorizer may pursue revocation of the charter contract. [PL 2011, c. 570, §10 (AMD).] B. The performance provisions set forth in a charter contract under paragraph A must include but need not be limited to applicable federal and state accountability requirements. [PL 2011, c. 414, §5 (NEW).] C. The performance provisions set forth in a charter contract under paragraph A may be refined or amended by mutual agreement of the parties to the charter contract after the public charter school is operating and has collected baseline achievement data for its enrolled students. [PL 2011, c. 414, §5 (NEW).] D. A charter contract must be signed by a designated representative of the authorizer and of the public charter school's governing board. [PL 2011, c. 414, §5 (NEW).] E. A public charter school may not commence operations without a charter contract executed in accordance with this section and approved in a meeting open to the public. [PL 2011, c. 414, §5 (NEW).] [PL 2011, c. 570, §10 (AMD).]

2. Virtual public charter schools. The charter contract of a virtual public charter school must require the governing board to: A. Provide each student enrolled in the virtual public charter school with online courses that meet or exceed state standards and all instructional materials required for the student's participation in the school; [PL 2011, c. 414, §5 (NEW).] B. Ensure that the persons who operate the virtual public charter school on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the school; [PL 2011, c. 414, §5 (NEW).] C. Ensure that a parent of each student verifies the number of hours of educational activities completed by the student each school year; and [PL 2011, c. 414, §5 (NEW).] D. Adopt a plan by which the governing board provides: (1) Frequent, ongoing monitoring to ensure and verify that each student is participating in the virtual public charter school, including synchronous contact between teachers and students and between teachers and parents to ensure and verify student participation and learning; (2) Regular instructional opportunities in real time that are directly related to the virtual public charter school's curricular objectives, including, but not limited to, meetings with teachers and educational field trips and outings; (3) Verification of ongoing student attendance in the virtual public charter school; (4) Verification of ongoing student progress and performance in each course as documented by ongoing assessments and examples of student course work; and (5) Administration to all students in a proctored setting of all applicable assessments as required by the State. [PL 2011, c. 414, §5 (NEW).] Nothing in this subsection prohibits a virtual public charter school from reimbursing families of enrolled students for costs associated with their Internet connection for use in the program. Only students enrolled in a virtual public charter school as full-time students may be reported in the virtual public charter school's average pupil count to the department for the purposes of receiving local, state and federal funds. A virtual public charter school authorized by the commission may not expand to serve a grade level not included in the school's initial charter contract or, for a school whose charter was renewed prior to November 1, 2019, the renewed charter contract. [PL 2019, c. 253, §2 (AMD).]
20-A M.R.S. § 2402 — ME Code / Title 20-A / Part 2 / Chapter 112 / Section 2402
20-A §2402. Public charter schools authorized
Status: in_force

Charter schools may be established as public schools pursuant to this chapter to improve pupil learning by creating more high-quality schools with high standards for pupil performance; to close achievement gaps between high-performing and low-performing groups of public school students; to increase high-quality educational opportunities within the public education system; to provide alternative learning environments for students who are not thriving in traditional school settings; to create new professional opportunities for teachers and other school personnel; to encourage the use of different, high-quality models of teaching and other aspects of schooling; and to provide students, parents, community members and local entities with expanded opportunities for involvement in the public education system. [PL 2011, c. 414, §5 (NEW).]
20-A M.R.S. § 8461 — ME Code / Title 20-A / Part 4 / Chapter 313 / Section 8461
20-A §8461. School administrative unit method
Status: in_force

1. Role of the school administrative unit. The legislative body of each unit in a region shall vote on the articles submitted by the cooperative board. A. The vote on the budget articles by each unit must occur at the same time as the vote on the unit's regular school budget. [PL 1991, c. 518, §27 (AMD).] B. The vote on each budget article must be to accept or reject each such article as appearing in the budget warrant. No portion of a warrant may be amended. [PL 1991, c. 518, §27 (AMD).] C. Following the vote on the budget articles by a unit, the clerk of the unit shall notify, in writing, the member or members of the cooperative board that represent the unit of the results of the vote. [PL 1991, c. 518, §27 (AMD).] [PL 1991, c. 518, §27 (AMD).]

2. Role of the cooperative board. The role of the cooperative board is as follows. A. Within 5 days after the last unit in the region has voted on the budget, the chair of the cooperative board shall call a meeting of the cooperative board to tally the results of the votes of the units in the region. [PL 1991, c. 518, §27 (AMD).] B. Each cooperative board member shall report in writing the number of units represented by the member that voted on the budget articles in the affirmative or in the negative and shall cast a vote in accordance with the vote of the majority of the school administrative units represented by that member. [PL 1991, c. 518, §27 (AMD).] C. The chair shall tally these votes of the cooperative board members and the cooperative board shall make a finding of fact and enter in its records the number of members that voted in the affirmative and the number of members that voted in the negative. (1) If the number of members that voted in the affirmative exceeds the number of members that voted in the negative, the cooperative board shall declare that the region's budget has been approved. (2) If any article fails to be approved by a majority of the members on the cooperative board, or if a special budget meeting is called to pledge the credit of the region after the cooperative board has declared that an emergency exists, the cooperative board may prepare a new budget or special budget and submit the necessary articles to a regional budget meeting called in the manner described in section 8462 . [PL 1991, c. 518, §27 (AMD).] [PL 1991, c. 518, §27 (AMD).]

3. School administrative districts and community school districts. A municipality that is a member of a secondary community school district or a school administrative district in a region shall appropriate the costs of career and technical education allocable to the municipality under the approved budget for the region as part of the municipality's secondary school budget. [PL 1991, c. 518, §27 (AMD); PL 2005, c. 397, Pt. D, §3 (REV).]
20-A M.R.S. § 6972 — ME Code / Title 20-A / Part 3 / Chapter 229 / Section 6972
20-A §6972. Dual enrollment career and technical education program
Status: in_force

1. Application. Representatives of the governing bodies of publicly supported educational institutions may file an application with the commissioner for the purpose of entering into a collaborative agreement. A collaborative partnership is governed by a collaborative board formed and operating in accordance with this chapter. The participation of publicly supported educational institutions in any of the specified educational functions or support services included in the collaborative agreement is voluntary. A collaborative board may designate personnel of the publicly supported educational institutions or service providers to provide the specified educational functions or support services included in the collaborative agreement. The collaborative board must include one representative from each publicly supported educational institution participating in the collaborative partnership. [PL 2013, c. 318, §3 (NEW).]

2. Contract. The career and technical education center or region may enter into a contract with a service provider that operates as a nonprofit organization to provide technical assistance in developing and implementing the initial phase of the dual enrollment program. The service provider selected must meet the specified educational functions, support services and all other requirements of the grant application as required by the department to facilitate the development and implementation of the dual enrollment career and technical education program. [PL 2013, c. 318, §3 (NEW).]
20-A M.R.S. § 5401 — ME Code / Title 20-A / Part 3 / Chapter 215 / Section 5401
20-A §5401. Transportation
Status: in_force

The transportation of public school students shall be governed as follows. [PL 1981, c. 693, §§5, 8 (NEW).]

1. Municipal school units. The superintendent of schools in a municipal school unit shall, with the approval of the school board, provide transportation for elementary school students and public preschool students a part of or the whole distance to and from the nearest suitable elementary school. The municipality may provide transportation for secondary level students. [PL 2007, c. 572, Pt. A, §2 (AMD).]

2. School administrative district. The superintendent of schools in a school administrative district shall, with the approval of the school board, provide transportation for: A. Elementary school students and public preschool students a part of or the whole distance to and from the nearest suitable school; and [PL 2007, c. 572, Pt. A, §3 (AMD).] B. Secondary school students a part of or the whole distance to the district's secondary school or to and from the secondary school in the school administrative unit or units with which the district has contracted for secondary school privileges. The school board may provide transportation for secondary school students attending other secondary schools. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 2007, c. 572, Pt. A, §3 (AMD).]

3. Community school district. The community school district district school committee shall either: A. Instruct the superintendent of schools to provide transportation for elementary and secondary school students and public preschool students all or a part of the way to and from the nearest suitable school; or [PL 2007, c. 572, Pt. A, §4 (AMD).] B. Provide transportation in accordance with a written agreement with the member school administrative units. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 2007, c. 572, Pt. A, §4 (AMD).]

3-A. Waiver for transportation of public preschool students. The commissioner shall waive the requirement for school administrative units to provide transportation for public preschool students. [PL 2009, c. 213, Pt. C, §1 (NEW).]

4. Special education students. Special education students shall be provided transportation: A. As provided by chapter 301 ; or [PL 1981, c. 693, §§5, 8 (NEW).] B. To and from classes. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 1981, c. 693, §§5, 8 (NEW).]

5. Secondary school students residing on islands. A school administrative unit shall pay transportation charges over regular transportation lines for secondary school students who reside on islands if those islands are: A. Within the school administrative unit; [PL 1981, c. 693, §§5, 8 (NEW).] B. Without a secondary school; and [PL 1981, c. 693, §§5, 8 (NEW).] C. Served by regular transportation lines. [PL 1981, c. 693, §§5, 8 (NEW).] The charges shall not exceed regular fares. The transportation line and the school board may by agreement establish school fares for these students at less than the regular fare. [PL 1981, c. 693, §§5, 8 (NEW).]

6. Temporary residents and residents on state-owned property. The commissioner shall reimburse a school administrative unit for approved transportation of students who reside on state-owned property located in towns of less than 100 residents or who are temporary residents, if those students reside more than 2 miles from the school. A. A superintendent, with the approval of the school board, shall report these students to the commissioner. The report shall include any other information the commissioner requires. [PL 1981, c. 693, §§5, 8 (NEW).] B. The commissioner may direct the unit to provide transportation or board if transportation is deemed inadvisable. [PL 1981, c. 693, §§5, 8 (NEW).] C. On receiving a bill of expenses for transportation or board from a school administrative unit, the commissioner shall, in December, reimburse it for those expenses from the department appropriation for that purpose. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 1981, c. 693, §§5, 8 (NEW).]

7. Remote location. If a student resides in a location remote from and inaccessible to schools or public highways, the student's parents shall be responsible for providing transportation to a public highway or paying board for the student within walking distance of a school. Failure of the parent to provide transportation or board shall be considered a violation of the truancy law. [PL 1981, c. 693, §§5, 8 (NEW).]

8. Adult education. A school administrative unit may provide transportation for adults to and from adult education programs as authorized under section 8611 . [PL 1981, c. 693, §§5, 8 (NEW).]

9. Career and technical education. The following provisions apply to transportation for career and technical education. A. The sending school administrative unit shall provide transportation for its students to and from a career and technical education center or career and technical education satellite program. [RR 2003, c. 2, §35 (COR).] B. The cooperative board shall provide for the transportation of students to and from career and technical education programs operated by career and technical education regions, centers or satellites. (1) Transportation may not be provided outside the career and technical education region, unless approved by the commissioner. (2) State aid for transportation must be computed and paid to the administrative units of the region in the same proportion that the administrative unit contributes to the career and technical educational budget of the region. [RR 2003, c. 2, §35 (COR).] [RR 2003, c. 2, §35 (COR).]

10. Duration. Transportation shall be provided for the number of weeks that the school is open for instruction. [PL 1981, c. 693, §§5, 8 (NEW).]

11. Minimum distances. A school board may establish the distance from a school that students must reside to receive transportation. [PL 1981, c. 693, §§5, 8 (NEW).]

12. Safety. Transportation provided shall conserve the comfort, safety and welfare of the students conveyed. A responsible driver shall be in charge of the vehicle and shall have control over the conduct of the students while they are transported. [PL 1981, c. 693, §§5, 8 (NEW).]

13. Contract. A superintendent may contract for transportation. A. A contract may not exceed a period of 5 years, except that the commissioner may authorize a one-year extension of a 5-year contract when such an extension would be beneficial to a school administrative unit. [PL 2003, c. 325, §1 (AMD).] B. Authorization by the unit's governing body shall be required for contracts existing beyond one year. [PL 1983, c. 485, §23 (AMD).] C. In a school administrative district, the superintendent shall execute the contract with the approval of the board of directors. [PL 1981, c. 693, §§5, 8 (NEW).] D. The contract shall be submitted for bid in conformity with the procedures outlined in section 5402 . [PL 1983, c. 175, §1 (NEW).] [PL 2003, c. 325, §1 (AMD).]

14. Cost of service and equipment. Transportation services and the purchase of new buses shall be accomplished in the most economical manner consistent with the welfare and safety of students. [PL 1981, c. 693, §§5, 8 (NEW).]

15. New bus purchases. School bus purchases, contracts or leases shall be subject to approval by the commissioner. A. The commissioner may not approve, in one year, more than $5,000,000 in expenditures for school bus purchases, excluding bus purchases made in accordance with paragraph C of this subsection. Annually, the Legislature shall review this limitation. [PL 2001, c. 344, §5 (AMD).] B. The commissioner shall encourage school administrative units, whenever possible, to purchase school buses from current funds rather than from short-term loans. [PL 1981, c. 693, §§5, 8 (NEW).] C. A school board may obtain a short-term loan or enter into a lease-purchase agreement to acquire school buses if the loan is approved by the unit's legislative body or if funds that can be used for the initial lease-purchase payment have been appropriated by the unit's legislative body. The term of a loan or a lease-purchase agreement may not exceed 5 years except that the term may be up to 15 years for zero-emission school buses. The commissioner shall establish a maximum amount for annual-term purchases in excess of the amount established in paragraph A . Beginning in fiscal year 2005-06, these expenditures must be subsidized in accordance with chapter 606‑B . [PL 2021, c. 693, §2 (AMD).] D. Expenditures approved for school bus purchases may not be included in expenditure limitations placed on school administrative units under this Title. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 2021, c. 693, §2 (AMD).]

15-A. Zero-emission public school bus fleet goal. The commissioner in approving school bus purchases, contracts and leases under subsection 15 shall to the extent practicable grant such approvals in a manner designed to result by 2035 in at least 75% of annual school bus acquisitions being zero-emission vehicles. The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 693, §3 (NEW).]

16. Unorganized territory. Payment of transportation or board costs of eligible students from the unorganized territory shall be made in accordance with chapter 119 . [PL 1985, c. 490, §16 (AMD).]

17. Rules; federal or state requirements for public preschool transportation. The department may adopt rules to implement the provisions of this section. Should the Federal Government or the State require transportation of public preschool children, the department shall develop and adopt rules regarding such transportation, and those rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 73, §1 (AMD).]
20-A M.R.S. § 11806 — ME Code / Title 20-A / Part 5 / Chapter 421 / Section 11806
20-A §11806. Instate clinical education programs; development of a plan
Status: in_force

1. Return to practice in Maine. The chief executive officer shall develop a plan that ensures, to the extent practicable, that contract students, or a similar number of out-of-state medical school graduates, return to practice their profession within the State, particularly in underserved areas of the State. This plan must be completed and presented to the Legislature and the Governor before February 1st each year. [PL 1989, c. 698, §21 (AMD); PL 1989, c. 698, §76 (AFF).]

2. Plan. [PL 1991, c. 832, §6 (RP); PL 1991, c. 832, §14 (AFF).]

3. Coordination. [PL 1991, c. 832, §7 (RP); PL 1991, c. 832, §14 (AFF).]
20-A M.R.S. § 13113 — ME Code / Title 20-A / Part 6 / Chapter 502-C / Section 13113
20-A §13113. Report
Status: in_force

A regional school leadership academy shall provide to the joint standing committee of the Legislature having jurisdiction over education matters an annual report that includes information regarding the regional school leadership academy, including the name and location of the academy; the number of teachers, principals and other school leaders trained, mentored and coached; the dollar amount expended; and, if applicable, the number of teachers who were employed as principals or other school leaders. [PL 2019, c. 70, §5 (NEW).]
20-A M.R.S. § 3639 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3639
20-A §3639. Share of New Hampshire member district
Status: in_force

The interstate board shall certify the share of a New Hampshire member district of the total appropriation to the school board of each member district which shall add such sum to the amount appropriated by the member district itself for the ensuing year and raise such sum in the same manner as though the appropriation had been voted at a school district meeting of the member district. The interstate district shall not set up its own capital reserve funds; but a New Hampshire member district may set up a capital reserve fund in accordance with RSA 35, to be turned over to the interstate district in payment of the New Hampshire member district's share of any anticipated obligations. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 6103 — ME Code / Title 20-A / Part 3 / Chapter 221 / Section 6103
20-A §6103. Criminal history record information conviction data
Status: in_force

Beginning July 1, 2000, a credential and renewal under chapters 501 and 502 are subject to the provisions of this section. A person who has complied with the requirements of this section is not required to submit to a subsequent national criminal history record check unless that person has not been continuously employed in a position requiring a credential under chapters 501 and 502 . A person who has not been continuously employed in such a position is subject to a subsequent national criminal history record check upon renewal. School vacations are not a break in employment. [PL 2017, c. 235, §1 (AMD); PL 2017, c. 235, §41 (AFF).]

1. Criminal history record information obtained; reliance. The commissioner shall obtain criminal history record information containing a record of public criminal history record information as defined in Title 16, section 703, subsection 8 from the Maine Criminal Justice Information System for any person applying for a credential or renewal. The commissioner may rely on information provided by the Maine Criminal Justice Information System within 24 months prior to the issuance of a credential or renewal. [PL 2017, c. 235, §1 (AMD); PL 2017, c. 235, §41 (AFF).]

2. Issuance restriction. Issuance of a credential or renewal to any person whose criminal history record information includes a criminal conviction is subject to the provisions of Title 5, chapter 341 and section 13020 . [PL 2017, c. 235, §1 (AMD); PL 2017, c. 235, §41 (AFF).]

3. Confidentiality. Any information obtained pursuant to this section is confidential. The results of criminal history record checks received by the commissioner are for official use only and may not be disseminated outside the department, except that the commissioner may outsource administrative functions of software document management according to federal outsourcing standards as described in 28 Code of Federal Regulations, Section 906.2 (2011) and allow access to these results for that purpose. [PL 2011, c. 521, §1 (AMD).]

3-A. Fees. The Commissioner of Public Safety shall assess a fee set annually by the Commissioner of Education for each initial criminal history record check and a fee set annually by the Commissioner of Education for each renewal criminal history record check required by this section. [PL 2015, c. 395, §3 (AMD).]

3-B. Reimbursement of fee. [PL 2013, c. 506, §13 (RP).]

4. Expenses. [PL 2005, c. 457, Pt. CC, §2 (RP).]

4-A. Phase-in plan. The fingerprinting and approval process established by this section for certain classes of individuals must be phased in as follows: A. The fingerprinting and approval process must be phased in for all persons regularly employed in a school during the 1999-2000 school year who require department approval to continue in their positions and who have not been fingerprinted pursuant to this section prior to enactment of this subsection. The department shall issue each person a temporary approval card valid through a specified year from 2001 to 2004. Prior to July 1st of the year specified on the temporary approval card, the person must meet the requirements of this section. Once a person has met the requirements of this section, an approval card must be issued; [PL 1999, c. 791, §4 (NEW).] B. A person placed under contract by a school and subject to the requirements of this section, who has not been fingerprinted prior to the effective date of this subsection, must meet these requirements by July 1, 2002; [PL 1999, c. 791, §4 (NEW).] C. A person employed as a substitute who has not been fingerprinted prior to the effective date of this subsection must meet the requirements by July 1, 2002. Beginning with the 2003-2004 school year, a person employed as a substitute who needs fingerprinting and a criminal history record check pursuant to section 13011, subsection 8 must meet the requirements of this section within 8 weeks of employment by a school administrative unit. A person employed as a substitute who needs fingerprinting and a criminal history record check must be issued a temporary approval card by the department. The temporary approval card is valid for the first 8 weeks of employment, except that, for a person who has been fingerprinted pursuant to this section prior to the 20th day of employment and who has not received the results of the criminal history record check prior to the 9th week of employment, the temporary approval card remains valid until the commissioner determines whether approval is granted or denied based on the criminal history record information obtained from the State Bureau of Identification; and [PL 2003, c. 184, §1 (AMD).] D. A regular employee subject to the requirements of this section who begins work in a school after the effective date of this subsection must meet these requirements prior to the 20th day of employment. Beginning with the 2003-2004 school year, a regular employee who needs fingerprinting and a criminal history record check pursuant to section 13011, subsection 8 must meet the requirements of this section within 8 weeks of employment by a school administrative unit. A regular employee who needs fingerprinting and a criminal history record check must be issued a temporary approval card by the department. The temporary approval card is valid for the first 8 weeks of employment, except that, for a person who has been fingerprinted pursuant to this section prior to the 20th day of employment and who has not received the results of the criminal history record check prior to the 9th week of employment, the temporary approval card remains valid until the commissioner determines whether approval is granted or denied based on the criminal history record information obtained from the State Bureau of Identification. [PL 2003, c. 184, §1 (AMD).] [PL 2003, c. 184, §1 (AMD).]

5. Criminal record information obtained from the Federal Bureau of Investigation. The commissioner shall obtain other state and national criminal history record information from the Federal Bureau of Investigation for any person applying for a credential or renewal. The commissioner may rely on information provided by the Federal Bureau of Investigation within 24 months prior to the issuance of a credential or renewal. [PL 2017, c. 235, §1 (AMD); PL 2017, c. 235, §41 (AFF).]

6. Fingerprinting. The applicant shall submit to having fingerprints taken. The Maine State Police, upon payment by the applicant or any other entity required by law of the expenses specified in subsection 3‑A , shall take or cause to be taken the applicant's fingerprints and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the Maine State Police for purposes of this section must be paid over to the Treasurer of State for deposit in the State Police program, Other Special Revenue Funds account in the Department of Public Safety for the purpose of funding the costs of the Department of Public Safety to administer the criminal history record checks under this section. [PL 2015, c. 267, Pt. SSS, §2 (AMD).]

7. Use of criminal history record. State and federal criminal history record information may be used for the purpose of screening educational personnel applicants by the commissioner in order to determine whether issuance of a credential or a renewal to educational personnel is granted or maintained. [PL 2017, c. 235, §1 (AMD); PL 2017, c. 235, §41 (AFF).]

8. Applicant's access to criminal history record check. The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of a criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state criminal record check may inspect and review criminal record information pursuant to Title 16, section 709 . [PL 2013, c. 267, Pt. B, §15 (AMD).]

9. Right of applicant and commissioner to remove fingerprints from fingerprint file. Teachers or educational personnel whose credential has expired and who have not applied for renewal of a credential may request in writing that the State Bureau of Identification remove their fingerprints from the bureau's fingerprint file. In response to a written request, the bureau shall remove the requester's fingerprints from the fingerprint file and provide written confirmation of that removal to the requester. The commissioner may, without notice to an applicant, remove fingerprints from the fingerprint file maintained by the State Bureau of Identification when an applicant has had no active credential for 7 years. An applicant may renew a credential after that applicant's fingerprints have been removed from the fingerprint file upon submitting again to fingerprinting. [PL 2017, c. 235, §1 (AMD); PL 2017, c. 235, §41 (AFF).]

10. Criminal History Record Check Fund. The Criminal History Record Check Fund is created as a dedicated fund within the Department of Education for the transfer of funds from the Department of Public Safety to cover a portion of the cost of a position that issues credentials. The fund may not lapse, but must be carried forward to carry out the purposes of this chapter. [PL 2017, c. 235, §1 (AMD); PL 2017, c. 235, §41 (AFF).]

11. Exemptions. An active duty law enforcement officer from a local law enforcement agency with jurisdiction over a school’s premises who assists with school security, safety, emergency preparedness or emergency response or has been assigned other responsibilities concerning the school by the school or the local law enforcement agency is exempt from the provisions of this section. [PL 2017, c. 155, §1 (NEW).]
20-A M.R.S. § 11461 — ME Code / Title 20-A / Part 5 / Chapter 417-C / Section 11461
20-A §11461. Higher Education Loan and Loan Insurance Program Fund
Status: in_force

1. Establishment. The Higher Education Loan and Loan Insurance Program Fund is established to be used by the authority as a nonlapsing, revolving fund for carrying out this chapter. In its discretion, the authority may combine this fund with other funds of the authority for accounting purposes and may establish separate accounts for loans and for a reserve for loan default payments. Money in the fund currently not needed to meet the obligations of the authority as lender or insurer is deposited with the authority to the credit of the fund or may be invested as provided by law. [PL 2013, c. 34, §6 (AMD).]

2. Charges and credits. All amounts received or allocated by the authority for deposit to the fund pursuant to this chapter or otherwise must be deposited in the fund. All expenses of the authority in carrying out this chapter, including interest, principal and fee payments required by loan defaults, must be charged to the fund. The authority's liability for those expenses is limited to the fund. [PL 2013, c. 34, §6 (AMD).]
20-A M.R.S. § 1 — ME Code / Title 20-A / Part 1 / Chapter 1 / Section 1
20-A §1. Definitions
Status: in_force

As used in this Title, unless the context indicates otherwise, the following terms have the following meanings. [PL 1981, c. 693, §§5, 8 (NEW).]

1. Adult education. "Adult education" means education programs primarily operated for individuals beyond the compulsory school ages and administered by school administrative units. [PL 1981, c. 693, §§5, 8 (NEW).]

1-A. Agent. "Agent" means an individual appointed to serve in the capacity of a superintendent. [PL 2001, c. 588, §1 (NEW).]

1-B. Alternative education program. "Alternative education program" means a program in which the primary purpose is to provide at-risk students with curricula and assessment in a setting designed to effectively meet the student’s academic, social and relational needs. [PL 2007, c. 667, §1 (NEW).]

1-C. Alternative learning. "Alternative learning" means an educational option that a public school or publicly supported program offers at-risk students by offering some combination of the following: alternative education programs; small class size; flexible scheduling; relevant alternative curricula and assessment; mentoring adults; skilled teachers; a focus on social, emotional and relationship skills; collaboration among home, school and social service agencies; and any other measures designed to accommodate the needs of at-risk students. [PL 2007, c. 667, §2 (NEW).]

2. Approved private school. "Approved private school" means a private school approved for attendance purposes under chapter 117 . [PL 1981, c. 693, §§5, 8 (NEW).]

2-A. At-risk student. "At-risk student" means a student who: A. Is not meeting the requirements for promotion to the next grade level or graduation from high school; [PL 2007, c. 667, §3 (NEW).] B. Is at risk for dropping out of school; [PL 2007, c. 667, §3 (NEW).] C. Is truant; or [PL 2011, c. 614, §2 (AMD).] D. Is economically disadvantaged as signified by qualification for the National School Lunch Program under 7 Code of Federal Regulations, Part 210 (2007). [PL 2007, c. 667, §3 (NEW).] [PL 2011, c. 614, §2 (AMD).]

3. Board of directors. "Board of directors" means the governing body with statutory powers and duties for a school administrative district. [PL 1981, c. 693, §§5, 8 (NEW).]

3-A. Child with a disability. "Child with a disability" has the same meaning as in section 7001 . [PL 2005, c. 662, Pt. A, §4 (NEW).]

4. Commissioner. "Commissioner" means the Commissioner of Education or the commissioner's designee. [PL 1989, c. 700, Pt. A, §45 (AMD).]

5. Community school district. "Community school district" means a state-approved unit of school administration composed of more than one municipality or school administrative district which may provide public education for any combination of kindergarten through grade 12. [PL 1981, c. 693, §§5, 8 (NEW).]

6. Cooperative board. "Cooperative board" means the governing body with statutory powers and duties for a career and technical education region. [RR 1991, c. 2, §53 (COR); PL 2003, c. 545, §5 (REV).]

6-A. Courses of study. "Courses of study" means the courses of study for the elementary and secondary schools that are in alignment with the system of learning results as established in section 6209 and consistent with the requirements of this Title. [PL 2001, c. 588, §2 (NEW).]

7. Department. "Department" means the Department of Education. [PL 1989, c. 700, Pt. A, §45 (AMD).]

8. District board of trustees. "District board of trustees" means a body with statutory powers and duties for a community school district. [PL 1981, c. 693, §§5, 8 (NEW).]

9. District school committee. "District school committee" means the governing body with statutory powers and duties for a community school district. [PL 1981, c. 693, §§5, 8 (NEW).]

10. Elementary school. "Elementary school" means that portion of a school that provides instruction in any combination of kindergarten through grade 8. [PL 1981, c. 693, §§5, 8 (NEW).]

11. Elementary student. "Elementary student" means a student enrolled in an elementary school. [PL 1981, c. 693, §§5, 8 (NEW).]

11-A. Extended learning opportunity. "Extended learning opportunity" means an experience outside of the traditional classroom, with an emphasis on community-based career exploration, which may be credit bearing. [PL 2023, c. 566, §1 (NEW).]

12. Exceptional student. [PL 2005, c. 662, Pt. A, §5 (RP).]

13. Financial definitions. [PL 2009, c. 274, §2 (RP).]

13-A. Homeless student. "Homeless student" means a person eligible to attend elementary or secondary school pursuant to section 5201 who: A. Lacks a fixed, regular and adequate nighttime residence; [PL 1991, c. 608, §1 (NEW).] B. [PL 2003, c. 477, §1 (RP).] B-1. Is a child or a youth: (1) Who is sharing the housing of other persons due to loss of housing or economic hardship or a similar reason; is living in a motel, hotel, trailer park or camping ground due to the lack of alternative adequate accommodation; is living in an emergency or transitional shelter; or is abandoned in a hospital; (2) Who is living in a car, park or public space or in an abandoned building, substandard housing, bus or train station or similar setting; (3) Who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; and (4) Who is a migratory child, as defined in Section 1309 of the federal Elementary and Secondary Education Act of 1965, who qualifies as homeless for the purpose of this chapter because the child is living in circumstances described in this section. [PL 2025, c. 112, §1 (AMD).] C. [PL 2003, c. 477, §3 (RP).] The term "homeless student" does not include a person housed in a correctional facility, jail or detention facility. [PL 2025, c. 112, §1 (AMD).]

14. Joint committee. "Joint committee" means the governing body with statutory powers and duties for implementing a contract for secondary education under chapter 115 . [PL 1981, c. 693, §§5, 8 (NEW).]

15. Kindergarten. "Kindergarten" means a one-year or 2-year childhood education program, for children at least 5 years of age, immediately prior to grade one. [PL 2007, c. 141, §1 (AMD).]

16. Local allocation. [PL 2009, c. 274, §3 (RP).]

17. Major capital costs. "Major capital costs" is defined in section 15672, subsection 18‑A . [PL 2005, c. 2, Pt. D, §2 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

18. Minor capital costs. "Minor capital costs" is defined in section 15672, subsection 20‑A . [PL 2005, c. 2, Pt. D, §2 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

19. Municipal school unit. "Municipal school unit" means a state-approved unit of school administration composed of a single municipality. [PL 1981, c. 693, §§5, 8 (NEW).]

19-A. Newly incurred capital outlay and debt service. "Newly incurred capital outlay and debt service" means capital outlay and debt service costs for a school construction project approved for funding by the voters on or after June 1, 1998. [PL 1997, c. 787, §1 (NEW).]

20. Parent. "Parent" means a parent, guardian or legal guardian. [PL 1981, c. 693, §§5, 8 (NEW).]

20-A. Previous education unit. "Previous education unit" means a state-approved unit of school administration that was responsible for operating or constructing public schools prior to the reorganization of school administrative units pursuant to chapter 103‑A . [PL 2007, c. 240, Pt. XXXX, §1 (NEW).]

21. Principal. "Principal" means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. [PL 1981, c. 693, §§5, 8 (NEW).]

22. Private school. "Private school" means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. [PL 1981, c. 693, §§5, 8 (NEW).]

23. Private school approved for tuition purposes. "Private school approved for tuition purposes" means a private school approved for the receipt of public funds under sections 2951 to 2955 . [PL 1981, c. 693, §§5, 8 (NEW).]

23-A. Public preschool program. "Public preschool program" means a program offered by a public elementary school pursuant to chapter 203 that provides instruction to children who are 4 years of age, including but not limited to a Head Start program that is approved as a component of the public preschool program. [PL 2019, c. 241, §1 (AMD).]

23-B. Publicly supported secondary school. "Publicly supported secondary school" means: A. A public secondary school; or [PL 2007, c. 240, Pt. XXXX, §2 (NEW).] B. A private secondary school approved for the receipt of public funds under chapter 117, subchapter 2 that enrolls 60% or more publicly funded students. [PL 2007, c. 240, Pt. XXXX, §2 (NEW).] [PL 2007, c. 240, Pt. XXXX, §2 (NEW).]

24. Public school. "Public school" means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. [PL 1981, c. 693, §§5, 8 (NEW).]

24-A. Residential placement. "Residential placement" includes the placement in any children's home licensed pursuant to Title 22, chapter 1669 , including: A. An "emergency children's shelter," which is a facility operated by a corporation and licensed for the purpose of providing board and care to no more than 10 children over the age of 12 years, who may be runaways or abused children or whose well-being is jeopardized by some other crisis or emergency, and providing services to a child for not more than 21 consecutive days, except with special permission; [PL 2013, c. 179, §3 (AMD).] B. A "foster home," which is a private home occupied and operated by the owner and licensed to provide 24-hour care for no more than 6 nonrelated children; [PL 1985, c. 789, §§1, 9 (NEW).] C. A "specialized children's home," which is a facility licensed to provide care to no more than 4 children who are moderately to severely disabled by a caretaker who is specifically educated and trained to provide for the particular needs of each child placed; and [PL 2021, c. 348, §23 (AMD).] D. A "children's residential care facility," which provides board and care for one or more children on a regular, 24-hours-a-day, residential basis. A children's residential care facility does not mean family foster home, specialized children's home or an emergency children's shelter. The term includes, but is not limited to: (1) A "group home," which is a children's residential care facility operated by a corporation and licensed for the purpose of providing board and care for up to 10 children; (2) A "residential agency," which is a children's residential care facility operated by a corporation and licensed for the purpose of providing board and care to more than 10 children; (3) A "residential treatment center," which is a children's residential care facility operated by a corporation and licensed for the purpose of providing therapeutically planned, group living situations within which educational, recreational, medical and sociopsychotherapeutic components are integrated for children whose present disabilities preclude community outpatient treatment; (4) A "residential treatment facility," which is a children's residential care facility operated by a corporation and licensed for the purpose of providing board, care and treatment for more than 10 children who are moderately to severely disabled that does not contain an educational component; and (5) A "therapeutic group home," which is a children's residential care facility operated by a corporation and licensed for the purpose of providing board, care and treatment for up to 10 children who are moderately to severely disabled. [PL 2021, c. 348, §24 (AMD).] [PL 2021, c. 348, §§23, 24 (AMD).]

24-B. Regional school unit. "Regional school unit" means the state-approved unit of school administration as established pursuant to chapter 103‑A . [PL 2007, c. 240, Pt. XXXX, §3 (NEW).]

24-C. Regional school unit board. "Regional school unit board" means the board of directors that is the governing body with statutory powers and duties of a regional school unit. [PL 2007, c. 240, Pt. XXXX, §4 (NEW).]

25. School administrative district. "School administrative district" means a state-approved unit of school administration, composed of one or more municipalities which must provide public education to all public school students in the district. [PL 1981, c. 693, §§5, 8 (NEW).]

26. School administrative unit. "School administrative unit" means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. Beginning July 1, 2009, “school administrative unit” means the state-approved unit of school administration and includes only the following: A. A municipal school unit; [PL 2007, c. 668, §1 (NEW).] B. A regional school unit formed pursuant to chapter 103‑A ; [PL 2007, c. 668, §1 (NEW).] C. An alternative organizational structure as approved by the commissioner and approved by the voters; [PL 2009, c. 580, §1 (AMD).] D. A school administrative district that does not provide public education for the entire span of kindergarten to grade 12 that has not reorganized as a regional school unit pursuant to chapter 103‑A ; [PL 2007, c. 668, §1 (NEW).] E. A community school district that has not reorganized as a regional school unit pursuant to chapter 103‑A ; [PL 2007, c. 668, §1 (NEW).] F. A municipal or quasi-municipal district responsible for operating public schools that has not reorganized as a regional school unit pursuant to chapter 103‑A ; [PL 2011, c. 414, §2 (AMD).] G. A municipal school unit, school administrative district, community school district, regional school unit or any other quasi-municipal district responsible for operating public schools that forms a part of an alternative organizational structure approved by the commissioner; and [PL 2011, c. 414, §3 (AMD).] H. A public charter school authorized under chapter 112 by an entity other than a local school board. [PL 2011, c. 414, §4 (NEW).] [PL 2011, c. 414, §§2-4 (AMD).]

27. School agent. [PL 2001, c. 588, §3 (RP).]

28. School board. "School board" means the governing body with statutory powers and duties for a school administrative unit. [PL 1981, c. 693, §§5, 8 (NEW).]

29. School committee. "School committee" means the governing body with statutory powers and duties for a municipal school unit. [PL 1981, c. 693, §§5, 8 (NEW).]

30. School construction project. "School construction project" is defined in section 15901, subsection 4 . [PL 1981, c. 693, §§5, 8 (NEW).]

31. School union. "School union" means a union composed of school administrative units joined for the purpose of providing joint administrative services, including a joint superintendent. [PL 1981, c. 693, §§5, 8 (NEW).]

32. Secondary school. "Secondary school" means that portion of a school that provides instruction in any combination of grades 9 through 12. [PL 1981, c. 693, §§5, 8 (NEW).]

33. Secondary student. "Secondary student" means a student enrolled in a secondary school. [PL 1981, c. 693, §§5, 8 (NEW).]

34. Special school district. "Special school district" means a school district created by private and special law for the purpose of constructing or adding to school buildings, but which does not have the authority or responsibility for operating public schools. [PL 1981, c. 693, §§5, 8 (NEW).]

34-A. State agency client. [PL 2023, c. 449, §1 (RP).]

34-B. State agency client. "State agency client" means a child with a disability who is 3 years of age or older and under 22 years of age who requires an individualized education program in order to access a free, appropriate public education and who is: A. In the care or custody, or both, of the Department of Health and Human Services and whose placement, either with a person who is not the child's parent, legal guardian or relative or in a residential setting, is facilitated by a caseworker from the Department of Health and Human Services and funded, in whole or in part, through the MaineCare program or the Department of Health and Human Services, and that placement is for reasons other than educational reasons; or [PL 2023, c. 449, §2 (NEW).] B. In the custody or under the supervision of the Department of Corrections, including, but not limited to, a juvenile on conditional release, an informally adjusted juvenile, a probationer or a juvenile on community reintegration status from the Long Creek Youth Development Center and who is placed, for reasons other than educational reasons, pursuant to a court order or with the agreement of an authorized agent of the Department of Corrections, outside the juvenile's home. [PL 2023, c. 449, §2 (NEW).] Notwithstanding paragraphs A and B , "state agency client" also means a child who is under 3 years of age and has a diagnosed, established condition or a biological factor that has a high probability of resulting in developmental delay. [PL 2023, c. 449, §2 (NEW).]

35. State allocation. [PL 2009, c. 274, §4 (RP).]

36. State board. "State board" means the State Board of Education. [PL 1981, c. 693, §§5, 8 (NEW).]

37. State and local allocation. [PL 2009, c. 274, §5 (RP).]

37-A. State valuation. "State valuation" means the value certified to the Secretary of State as provided in Title 36, section 305, subsection 1 . [PL 1985, c. 650, §1 (NEW).]

38. Subdistrict. "Subdistrict" means a geographic area which is a subdivision of a school administrative district for election purposes. [PL 1981, c. 693, §§5, 8 (NEW).]

39. Superintendent. "Superintendent" means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. [PL 1981, c. 693, §§5, 8 (NEW).]

40. Union committee. "Union committee" means the governing body with statutory powers and duties for a school union. [PL 1981, c. 693, §§5, 8 (NEW).]

41. Union school. [PL 2011, c. 678, Pt. C, §1 (RP).]

42. Career and technical education center. "Career and technical education center" is defined in section 8301‑A, subsection 3 . [RR 1991, c. 2, §54 (COR); PL 2003, c. 545, §5 (REV).]

43. Career and technical education. "Career and technical education" is defined in section 8301‑A, subsection 2‑A . [RR 2003, c. 2, §31 (COR).]

44. Career and technical education region. "Career and technical education region" is defined in section 8301‑A, subsection 6 . [RR 1991, c. 2, §56 (COR); PL 2003, c. 545, §5 (REV).]

45. Career and technical education satellite program. "Career and technical education satellite program" is defined in section 8301‑A, subsection 8 . [RR 1991, c. 2, §56 (COR); PL 2003, c. 545, §5 (REV).]
20-A M.R.S. § 11475 — ME Code / Title 20-A / Part 5 / Chapter 417-E / Section 11475
20-A §11475. Participation agreement
Status: in_force

The authority may enter into a participation agreement with a participant on behalf of a beneficiary pursuant to the following terms and conditions. [PL 1997, c. 732, §4 (NEW).]

1. Periodic payments. A participation agreement may require or permit a participant to invest a specific amount of money in the program fund for a specific period of time for the benefit of a specific beneficiary. Periodic deposits may be made through a payroll deduction plan or an automatic deposit plan or through assignment of state tax refunds. A participation agreement establishing such a periodic deposit plan may include provisions to adjust scheduled deposits on the basis of change in a participant's economic circumstances or a beneficiary's educational plans and may provide for penalties on a participant's failure to make deposits as scheduled. A participation agreement establishing such a plan must provide for the limitation of scheduled deposits by the authority as necessary to ensure that a participant's account does not exceed the amount necessary to pay the beneficiary's projected higher education expenses. [PL 1997, c. 732, §4 (NEW).]

2. Lump-sum payments. A participation agreement may permit a participant to make one or more lump-sum deposits to an account for the benefit of a specific beneficiary. [PL 2015, c. 267, Pt. DD, §1 (AMD); PL 2015, c. 267, Pt. DD, §34 (AFF).]

3. Designation of beneficiaries. Except for accounts opened by a state or local governmental entity or charitable organization, an application or participation agreement must designate the name and date of birth of the beneficiary. [PL 2001, c. 380, §2 (AMD).]

4. Change of beneficiary. A beneficiary may be changed as permitted by rule of the authority upon written request of the participant, provided that the substitute beneficiary is eligible. [PL 1997, c. 732, §4 (NEW).]

5. Amendment. A participation agreement may be freely amended throughout its term to enable a participant to increase or decrease the level of participation, change the designation of a beneficiary and carry out similar matters. [PL 1997, c. 732, §4 (NEW).]

6. Enrollment fee. The authority may not charge an enrollment fee for participation in the program. [PL 1997, c. 732, §4 (NEW).]

7. Cancellation. A participation agreement must provide that the participation agreement may be canceled upon the terms and conditions of the agreement and upon payment of the fees, expenses and penalties set forth in rules adopted by the authority. [PL 1997, c. 732, §4 (NEW).]

8. Separate accounts. A participation agreement must require that the authority maintain each participant's account separately, subject to commingling for investment purposes, and report the status of each participant's account to the participant on a periodic basis, as established by rule of the authority. [PL 1997, c. 732, §4 (NEW).]

9. Rights and obligations. A participation agreement must include any other rights and obligations of the participant, the beneficiary and the authority. [PL 1997, c. 732, §4 (NEW).]

10. Terms and conditions. A participation agreement may include other terms and conditions the authority determines necessary, including a limitation on liability of the authority to the extent funds are disbursed in good faith. [PL 1997, c. 732, §4 (NEW).]

11. No guaranty of admission. The execution of a participation agreement by the authority does not guarantee in any way that higher education expenses will be equal to projections and estimates provided by the authority or that the beneficiary named in any participation agreement will: A. Be admitted to any elementary or secondary school, apprenticeship program or institution of higher education; [PL 2021, c. 17, §4 (AMD).] B. Be allowed to continue attendance at any elementary or secondary school, apprenticeship program or institution of higher education following admission; or [PL 2021, c. 17, §4 (AMD).] C. Graduate from any elementary or secondary school, apprenticeship program or institution of higher education. [PL 2021, c. 17, §4 (AMD).] [PL 2021, c. 17, §4 (AMD).]
20-A M.R.S. § 3608 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3608
20-A §3608. Recommendations and preparation of articles of agreement
Status: in_force

An interstate school district planning committee may recommend that an interstate school district composed of all the member districts represented by its membership, or any specified combination of such member districts, be established. If the planning committee does recommend the establishment of an interstate school district, it shall include in its report such recommendation, and shall prepare and include in its report proposed articles of agreement for the proposed interstate school district, which shall be signed by at least a majority of the membership of the planning committee, which set forth the following: [PL 1981, c. 693, §§5, 8 (NEW).]

1. Name. The name of the interstate school district. [PL 1981, c. 693, §§5, 8 (NEW).]

2. Districts. The member districts which shall be combined to form the proposed interstate school district. [PL 1981, c. 693, §§5, 8 (NEW).]

3. Board. The number, composition, method of selection and terms of office of the interstate school board, provided that: A. The interstate school board shall consist of an odd number of members, not less than 5 nor more than 15; [PL 1981, c. 693, §§5, 8 (NEW).] B. The terms of office shall not exceed 3 years; [PL 1981, c. 693, §§5, 8 (NEW).] C. Each member district shall be entitled to elect at least one member of the interstate school board. Each member district shall either vote separately at the interstate school district meeting by the use of a distinctive ballot, or shall choose its member or members at any other election at which school officials may be chosen; [PL 1981, c. 693, §§5, 8 (NEW).] D. The method of election shall provide for the filing of candidacies in advance of election and for the use of a printed nonpartisan ballot; [PL 1981, c. 693, §§5, 8 (NEW).] E. Subject to the foregoing, provision may be made for the election of one or more members at large. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 1981, c. 693, §§5, 8 (NEW).]

4. Grades. The grades for which the interstate school district shall be responsible. [PL 1981, c. 693, §§5, 8 (NEW).]

5. Properties and schools. The specific properties of member districts to be acquired initially by the interstate school district and the general location of any proposed new schools to be initially established or constructed by the interstate school district. [PL 1981, c. 693, §§5, 8 (NEW).]

6. Operating expenses. The method of apportioning the operating expenses of the interstate school district among the several member districts, and the time and manner of payments of such shares. [PL 1981, c. 693, §§5, 8 (NEW).]

7. Debts. The indebtedness of any member district which the interstate district is to assume. [PL 1981, c. 693, §§5, 8 (NEW).]

8. Capital expenses. The method of apportioning the capital expenses of the interstate school district among the several member districts, which need not be the same as the method of apportioning operating expenses, and the time and manner of payment of such shares. Capital expenses shall include the cost of acquiring land and buildings for school purposes; the construction, furnishing and equipping of school buildings and facilities; and the payment of the principal and interest of any indebtedness which is incurred to pay for the same. [PL 1981, c. 693, §§5, 8 (NEW).]

9. State aid. The manner in which state aid, available under the laws of either Maine or New Hampshire, shall be allocated, unless otherwise expressly provided in this compact or by the laws making such aid available. [PL 1981, c. 693, §§5, 8 (NEW).]

10. Amendments. The method by which the articles of agreement may be amended, which amendments may include the annexation of territory, or an increase or decrease in the number of grades for which the interstate district shall be responsible, provided that no amendment shall be effective until approved by both state boards in the same manner as required for approval of the original articles of agreement. [PL 1981, c. 693, §§5, 8 (NEW).]

11. Operating responsibilities. The date of operating responsibility of the proposed interstate school district and a proposed program for the assumption of operating responsibility for education by the proposed interstate school district, and any school construction; which the interstate school district shall have the power to vary by vote as circumstances may require. [PL 1981, c. 693, §§5, 8 (NEW).]

12. Other matters. Any other matters, not incompatible with law, which the interstate school district planning committee may consider appropriate to include in the articles of agreement, including, without limitation: A. The method of allocating the cost of transportation between the interstate district and member districts: [PL 1981, c. 693, §§5, 8 (NEW).] B. The nomination of individual school directors to serve until the first annual meeting of the interstate school district. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 1981, c. 693, §§5, 8 (NEW).]
20-A M.R.S. § 12902 — ME Code / Title 20-A / Part 5 / Chapter 437 / Section 12902
20-A §12902. Educational outcome database
Status: in_force

No later than January 1, 2022, and biennially thereafter, the Department of Labor, in consultation with the Department of Education and the task force, shall update the database. [PL 2021, c. 243, §1 (NEW).]