20-A M.R.S. § 10804 — ME Code / Title 20-A / Part 5 / Chapter 410 / Section 10804
20-A §10804. Consumer protection
Status: in_force

The department shall provide, via publicly accessible sites on the Internet, information to protect students, businesses and others from persons, institutions or entities that issue, manufacture or use false academic degrees. This information must include the names of known state, national and international diploma mills, degree mills, accreditation mills and substandard schools or institutions of higher education. [PL 2005, c. 429, §1 (NEW).]
20-A M.R.S. § 6451 — ME Code / Title 20-A / Part 3 / Chapter 223 / Section 6451
20-A §6451. Hearing and sight screening
Status: in_force

1. Student right to screening for sight and hearing defects. Each student must be screened periodically to determine whether the student has sight or hearing defects. [PL 2017, c. 381, §8 (AMD).]

2. Commissioner's duties. The commissioner shall: A. After consultation with the Commissioner of Health and Human Services and in collaboration with the school nurse consultant as described in section 6401‑A , adopt rules and provide school administrative units with a copy of these rules and guidance to carry out this subsection; and [PL 2017, c. 381, §8 (AMD).] B. [PL 2017, c. 381, §8 (RP).] C. Furnish guidance, training and sample report and referral forms that may be helpful for carrying out the purpose of this section. [PL 2017, c. 381, §8 (AMD).] [PL 2017, c. 381, §8 (AMD).]

3. Exempt students. A student whose parent objects in writing to screening may not be screened unless a sight or hearing defect is reasonably apparent. [PL 2017, c. 381, §8 (AMD).]
20-A M.R.S. § 13019 — ME Code / Title 20-A / Part 6 / Chapter 502 / Section 13019
20-A §13019. Visiting international teacher
Status: in_force

1. Clearance. A teacher from a country other than the United States who is participating in a visiting teacher program established and administered by the department, a locally established sister-school exchange or a locally established language immersion program may teach in a school as long as the teacher is issued a clearance by the department. The teacher may be authorized to act as an adjunct to existing staff and may not be used to avoid the hiring of professional, certified teachers. [PL 2021, c. 228, §4 (AMD).]

2. Qualifications. [PL 2017, c. 235, §18 (RP); PL 2017, c. 235, §41 (AFF).]
20-A M.R.S. § 2405 — ME Code / Title 20-A / Part 2 / Chapter 112 / Section 2405
20-A §2405. Authorizers
Status: in_force

1. Eligible authorizers. The following groups may become authorizers of public charter schools: A. A local school board with regard to creating a public charter school within the boundaries of the school administrative unit governed by that local school board; [PL 2011, c. 414, §5 (NEW).] B. The commission under subsection 8 ; and [PL 2011, c. 414, §5 (NEW).] C. A collaborative among local school boards that forms to set up a regional public charter school to be located within the area managed and controlled by those local school boards. [PL 2011, c. 570, §4 (AMD).] [PL 2011, c. 570, §4 (AMD).]

2. Powers and duties. An authorizer may: A. Solicit, invite and evaluate applications from organizers of proposed public charter schools; [PL 2011, c. 414, §5 (NEW).] B. Approve applications that meet identified educational needs; [PL 2011, c. 414, §5 (NEW).] C. Deny applications that do not meet identified educational needs; [PL 2011, c. 414, §5 (NEW).] D. Create a framework to guide the development of charter contracts; [PL 2011, c. 414, §5 (NEW).] E. Negotiate and execute sound charter contracts with each approved public charter school; [PL 2011, c. 414, §5 (NEW).] F. Monitor the performance and compliance of public charter schools; and [PL 2011, c. 414, §5 (NEW).] G. Determine whether each charter contract merits renewal or revocation. [PL 2011, c. 414, §5 (NEW).] [PL 2011, c. 414, §5 (NEW).]

3. Principles and professional standards. An authorizer shall develop and maintain policies and practices consistent with nationally recognized principles and professional standards for authorizing public charter schools, including standards relating to: A. Organizational capacity and infrastructure; [PL 2011, c. 414, §5 (NEW).] B. Soliciting and evaluating applications; [PL 2011, c. 414, §5 (NEW).] C. Performance contracting; [PL 2011, c. 414, §5 (NEW).] D. Ongoing public charter school oversight and evaluation; and [PL 2011, c. 414, §5 (NEW).] E. Charter renewal decision making. [PL 2011, c. 414, §5 (NEW).] [PL 2011, c. 414, §5 (NEW).]

4. Reporting and evaluation. An authorizer shall submit to the commissioner and the Legislature an annual report within 150 days of the end of each school fiscal year summarizing: A. The authorizer's strategic vision for chartering and progress toward achieving that vision; [PL 2011, c. 414, §5 (NEW).] B. The performance of all operating public charter schools overseen by the authorizer, according to the performance measures and expectations specified in the charter contracts; [PL 2011, c. 414, §5 (NEW).] C. The status of the authorizer's public charter school portfolio of approved charter applications, identifying all public charter schools within that portfolio as: (1) Approved, but not yet open; (2) Operating; (3) Renewed; (4) Transferred; (5) Terminated; (6) Closed; or (7) Never opened; [PL 2011, c. 570, §5 (AMD).] D. The oversight and services provided by the authorizer to the public charter schools under the authorizer's purview; and [PL 2011, c. 570, §5 (AMD).] E. The total amount of funds collected from each public charter school the authorizer authorized pursuant to subsection 5, paragraph B and the costs incurred by the authorizer to oversee each public charter school. [PL 2011, c. 570, §6 (NEW).] [PL 2019, c. 398, §12 (AMD).]

5. Funding of authorizers. To cover costs for overseeing public charter schools in accordance with this chapter, an authorizer may: A. Expend its own resources, seek grant funds and establish partnerships to support its public charter school office and activities; and [PL 2011, c. 414, §5 (NEW).] B. Charge up to 3% of annual per-pupil allocations received by each public charter school it authorizes. These funds must be used to cover the costs for an authorizer to oversee its public charter schools. [PL 2011, c. 414, §5 (NEW).] [PL 2011, c. 414, §5 (NEW).]

6. Conflicts of interest. An employee, trustee, agent or representative of an authorizer may not simultaneously serve as an employee, trustee, agent, representative, vendor or contractor of a public charter school of that authorizer. [PL 2011, c. 414, §5 (NEW).]

7. Services purchased from authorizer. A public charter school may not be required to purchase services from its authorizer as a condition of charter approval or of executing a charter contract, nor may any such condition be implied. A. A public charter school may, at its discretion, choose to purchase services from its authorizer. In such event, the public charter school and authorizer shall execute an annual service contract, separate from the charter contract, stating the parties' mutual agreement concerning any services to be provided by the authorizer and any service fees to be charged to the public charter school. [PL 2011, c. 414, §5 (NEW).] [PL 2011, c. 414, §5 (NEW).]

8. Maine Charter School Commission. The Maine Charter School Commission, established under Title 5, section 12004‑G, subsection 10‑D and referred to in this chapter as "the commission," is established as a public body corporate and politic and an incorporated public instrumentality of the State. The exercise of powers conferred by this subsection is held to be the performance of essential government functions. A. The commission consists of 7 members. The commission shall elect a chair and such other officers as may be necessary to conduct its business. Four members constitute a quorum. (1) Three members must be members of the state board, appointed by the state board for 3‑year terms, and the other 4 members are appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over education matters and to confirmation by the Senate, for 4-year terms. (2) Members appointed to the commission must have diverse professional experience in education, social services, youth training, business startup and administration, accounting and finance, strategic planning and nonprofit governance. In appointing members to the commission, the Governor shall give proper consideration to candidates with experience in a noncharter public school in the State in one of the following positions: school board member, superintendent, teacher and special education director. (3) A commission member may not serve more than 3 consecutive terms, but may serve again after not serving on the commission for at least one term. (4) A commission member may receive an amount equal to the legislative per diem and be reimbursed for expenses. (5) A commission member who is a member of the state board serves on the commission only during that person's membership on the state board. Upon expiration of that person's state board membership, the position on the commission becomes vacant and must be filled in the manner provided for filling vacancies. (6) A vacancy on the commission must be filled in the same manner as the position in which the vacancy occurs is regularly filled. A vacancy is filled for the remainder of the unexpired term. If the person serves more than 1 1/2 years of an unexpired term, that service counts as one term for purposes of the limitation set forth in subparagraph (3). (7) A member of the commission may be removed for failure to perform the duties of office, as specified in commission rules, by a majority vote of the state board. [PL 2019, c. 406, §1 (AMD).] B. The commission shall adopt rules for the organization and operation of the commission and to develop, implement and refine its procedures for authorizing public charter schools in this State. Rules adopted by the commission pursuant to this paragraph before June 30, 2014 are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . Beginning June 30, 2014, rules adopted by the commission pursuant to this paragraph are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 570, §7 (AMD).] C. The commission shall, in keeping with its authorizing responsibilities: (1) Engage professional and administrative staff, separate from the department; (2) Convene stakeholder groups and engage experts; and (3) Seek and receive state, federal and private funds. [PL 2011, c. 414, §5 (NEW).] D. The commission is the sole authorizer in this State for virtual public charter schools, except that a local school board may authorize a public charter school within its jurisdiction that integrates online and on-site instruction. [PL 2011, c. 414, §5 (NEW).] E. The commission, or a representative of the commission, shall appear annually in January before the joint standing committee of the Legislature having jurisdiction over education matters to present the annual report required in subsection 4 . The commission's appearance before the joint standing committee of the Legislature having jurisdiction over education matters must be in person unless otherwise authorized by the committee. [PL 2023, c. 183, §1 (NEW).] [PL 2025, c. 320, §1 (AMD).]

9. Transition period. [PL 2019, c. 307, §1 (RP).]

10. Limit on number of public charter schools. No more than 10 public charter schools may operate at any time. Any time the cap is reached, the commissioner may not accept further registrations from the commission or from local school boards and collaboratives of local school boards. [PL 2019, c. 307, §2 (NEW).]
20-A M.R.S. § 6908 — ME Code / Title 20-A / Part 3 / Chapter 226 / Section 6908
20-A §6908. Prohibited interests of officers, directors and employees
Status: in_force

Officers, directors or employees of the corporation or their spouses or dependent children may not receive any direct personal benefit from the activities of the corporation in assisting any private entity. This provision does not prohibit corporations or other entities with which an officer or director is associated by reasons of ownership or employment from participating in school-to-work transition activities of the corporation, provided that the ownership or employment is made known to the board of directors and, if applicable, the officer or director abstains from voting on matters relating to that participation. [PL 1993, c. 348, §1 (NEW).]
20-A M.R.S. § 3301 — ME Code / Title 20-A / Part 2 / Chapter 119 / Section 3301
20-A §3301. General powers
Status: in_force

The commissioner shall have the following general powers. [PL 1981, c. 693, §§5, 8 (NEW).]

1. Agents. The commissioner may appoint agents for the unorganized territory to act as attendance officers and perform such other school duties as are delegated to them by the commissioner. [PL 1985, c. 490, §9 (AMD).]

2. Special attendance officers. The commissioner may appoint special attendance officers for the unorganized territory. [PL 1985, c. 490, §9 (AMD).]

3. School buildings. [PL 1985, c. 490, §9 (RP).]

4. Disposal of property. [PL 1985, c. 490, §9 (RP).]

5. Employment of personnel. The commissioner shall employ teachers, administrators and other personnel as necessary to provide schooling and to care for the school property in the unorganized territory. [PL 1985, c. 490, §9 (NEW).]

6. Contracting authority. The commissioner may make all contractual arrangements deemed necessary to provide elementary, secondary, special education and career and technical education outside the unorganized territory in other schools of the State. [PL 1985, c. 490, §9 (NEW); PL 2005, c. 397, Pt. D, §3 (REV).]

7. Payment of board. In each case where application for the payment of board for an eligible student is made, the commissioner shall determine if board is necessary. The commissioner shall approve all boarding arrangements prior to making payments. Payments for board shall be made for a period of not less than one school month upon receipt of a satisfactory attendance record for the student from a responsible school official. [PL 1985, c. 490, §9 (NEW).]

8. Closing school. The commissioner may not close a school in the unorganized territory except in accordance with procedures and standards established by the department by rule. The rules must provide for a public hearing in the area served by a school prior to the date of the proposed closure of the school. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A . [PL 2005, c. 30, §1 (NEW).]
20-A M.R.S. § 6001-B — ME Code / Title 20-A / Part 3 / Chapter 221 / Section 6001-B
20-A §6001-B. Transfer of education records
Status: in_force

1. Education records must follow students who transfer. Education records must follow students who transfer to a school in another school administrative unit in the State. The education records of students who transfer from educational programs or schools for juveniles located in or operated by correctional facilities or out-of-state schools are also subject to this requirement. For a student who is placed in an interim program, as defined in section 5161, subsection 3‑A , the responsible school pursuant to section 5163 shall send or electronically transfer pertinent records, including but not limited to academic and health information records, to the interim program no later than 5 school days after becoming aware that the student has entered the interim program. [PL 2013, c. 439, §16 (AMD).]

2. Transfer of records. Upon application of a student to transfer to another school administrative unit in this State or to enroll at a school administrative unit in this State from an educational program or school for juveniles located in or operated by a correctional facility or a school outside of the State, and upon the written request of the superintendent of the school administrative unit into which the student seeks admission, school administrators at the school administrative unit from which the student is transferring shall provide all of the student's education records, including disciplinary records, attendance records, health records other than confidential health records for which consent for dissemination has not been obtained and special education records, to school administrators at the school administrative unit to which the student is seeking a transfer. Confidential health records may be provided under this subsection only if the school administrator at the school administrative unit from which the student is transferring receives the authorization or consent necessary for the dissemination of information contained in the following records: A. Records concerning information on a person's HIV infection status, including the results of an HIV test, as those records are described in Title 5, section 19203‑D ; [PL 2003, c. 472, §1 (NEW).] B. Records concerning information on a person's substance use disorder treatment as those records are described in Title 5, section 20047 ; [PL 2017, c. 407, Pt. A, §58 (AMD).] C. Records concerning information on a person's health care and treatment as those records are described in Title 22, section 1711‑C ; and [PL 2003, c. 472, §1 (NEW).] D. Records concerning information on a person's mental health treatment as those records are described in Title 34‑B, section 1207 . [PL 2003, c. 472, §1 (NEW).] [PL 2017, c. 407, Pt. A, §58 (AMD).]

3. Determination of disciplinary status of student applying for transfer; discretion of school to accept student. At the request of the superintendent of the school administrative unit into which a student seeks admission, the student's current or former school administrators shall provide, in a timely fashion, an oral or written report to the receiving school administrative unit indicating whether the student has been expelled or suspended or is the subject of an expulsion or suspension proceeding. In the case of a student who has been expelled or suspended or is the subject of an expulsion or suspension proceeding, the receiving school administrative unit may deny admission or participation in public school programs, facilities or activities as part of an equivalent instruction program pursuant to section 5021 until the school administrative unit is satisfied that the conditions of the expulsion or suspension have been met. [PL 1999, c. 351, §3 (NEW).]

3-A. Determination of status of juvenile applying for admission; discretion of school to accept juvenile. If the receiving school administrative unit receives information under Title 15, section 3308‑C, subsection 4, paragraph C , subparagraph (3) and Title 34‑A, section 1216, subsection 1, paragraph F that a student is not in compliance with a condition of an individualized plan for the juvenile's rehabilitation and that condition is relevant to the juvenile's reintegration into the school, the receiving school administrative unit may deny admission or participation in public school programs, facilities or activities as part of an equivalent instruction program pursuant to section 5021 until the school administrative unit is satisfied that the condition has been met. [PL 2021, c. 365, §28 (AMD); PL 2021, c. 365, §37 (AFF).]

4. Notice to parents and guardians. Prior to the start of the 2000-01 school year and each school year thereafter, a school administrative unit shall send a written notice to parents or guardians of every student enrolled in the school administrative unit that education records must be sent to a school administrative unit to which a student applies for transfer. Beginning with the 2001-2002 school year, an educational program or school for juveniles located in or operated by a correctional facility shall send a written notice to parents, guardians and custodians of every student enrolled in that educational program or school for juveniles located in or operated by the correctional facility that education records must be sent to a school administrative unit to which a student applies for transfer. The notice provided to parents, guardians and custodians must comply with the standards of the federal Family Education Rights and Privacy Act of 1974, Public Law 93-380, as amended by Public Law 93-568. [PL 2001, c. 452, §14 (AMD).]
20-A M.R.S. § 20111 — ME Code / Title 20-A / Part 10 / Chapter 901 / Section 20111
20-A §20111. Organization and operation of the interstate commission  - Article 11
Status: in_force

1. Bylaws. The interstate commission shall, by a majority of the members present and voting, within 12 months after the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to: A. Establishing the fiscal year of the interstate commission; [PL 2009, c. 409, §1 (NEW).] B. Establishing an executive committee and such other committees as may be necessary; [PL 2009, c. 409, §1 (NEW).] C. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the interstate commission; [PL 2009, c. 409, §1 (NEW).] D. Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each meeting; [PL 2009, c. 409, §1 (NEW).] E. Establishing the titles and responsibilities of the officers and staff of the interstate commission; [PL 2009, c. 409, §1 (NEW).] F. Providing a mechanism for concluding the operations of the interstate commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; and [PL 2009, c. 409, §1 (NEW).] G. Providing rules for initial administration of the compact. [PL 2009, c. 409, §1 (NEW).] [PL 2009, c. 409, §1 (NEW).]

2. Elect officers. The interstate commission shall, by a majority vote of the members, elect annually from among its members a chair, a vice-chair and a treasurer, each of whom has such authority and duties as may be specified in the bylaws. The chair or, in the chair’s absence or disability, the vice-chair shall preside at all meetings of the interstate commission. The elected officers serve without compensation or remuneration from the interstate commission except that subject to the availability of budgeted funds, the officers may be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the interstate commission. [PL 2009, c. 409, §1 (NEW).]

3. Executive committee; powers and duties. The executive committee has those powers and duties set forth in the bylaws, including but not limited to: A. Managing the affairs of the interstate commission in a manner consistent with the bylaws and purposes of the interstate commission; [PL 2009, c. 409, §1 (NEW).] B. Overseeing an organizational structure within, and appropriate procedures for, the interstate commission to provide for the creation of rules, operating procedures and administrative and technical support functions; and [PL 2009, c. 409, §1 (NEW).] C. Planning, implementing and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the interstate commission. [PL 2009, c. 409, §1 (NEW).] [PL 2009, c. 409, §1 (NEW).]

4. Executive director. Subject to the approval of the interstate commission, the executive committee may appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the interstate commission may consider appropriate. The executive director serves as secretary to the interstate commission, but is not a member of the interstate commission. The executive director shall hire and supervise such other persons as may be authorized by the interstate commission. [PL 2009, c. 409, §1 (NEW).]

5. Immunity. The interstate commission's executive director and its employees and interstate commission representatives are immune from suit and liability in accordance with this subsection. A. The interstate commission's executive director and its employees are immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties or responsibilities except that the interstate commission's executive director and its employees are not protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person. [PL 2009, c. 409, §1 (NEW).] B. The liability of the interstate commission's executive director and employees or interstate commission representatives, acting within the scope of such person's employment or duties, for acts, errors or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. This subsection may not be construed to protect the interstate commission's executive director and employees or interstate commission representatives from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person. [PL 2009, c. 409, §1 (NEW).] C. The interstate commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person. [PL 2009, c. 409, §1 (NEW).] D. To the extent not covered by the state involved, member state or interstate commission, the representatives or employees of the interstate commission must be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against the representatives or employees of the interstate commission arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons. [PL 2009, c. 409, §1 (NEW).] [PL 2009, c. 409, §1 (NEW).]
20-A M.R.S. § 1001 — ME Code / Title 20-A / Part 2 / Chapter 101 / Section 1001
20-A §1001. Duties of school boards
Status: in_force

School boards shall perform the following duties. [PL 1981, c. 693, §§5, 8 (NEW).]

1. General duties. They shall have the duties prescribed to them in this Title. [PL 1981, c. 693, §§5, 8 (NEW).]

1-A. Adoption of policies. They shall adopt policies that govern the school administrative units. [PL 2001, c. 588, §4 (NEW).]

2. Management of school property. They are responsible for the management of the schools and shall provide for their custody and care, including repairs and insurance on school buildings and all school property in the school administrative units. [PL 2001, c. 588, §5 (AMD).]

3. Selection of superintendent. They shall select a superintendent in accordance with section 1051 to carry out the duties specified in section 1055 . [PL 2001, c. 588, §5 (AMD).]

4. No prohibition on use for political activity. The use of school buildings may not be denied to a person solely because use is requested for a political activity. [PL 1981, c. 693, §§5, 8 (NEW).]

5. Insurance premiums and employee benefits. They may: A. Pay the premiums on life, health, dental, disability, accident, hospitalization, major medical and such other types of insurance as may be provided to employees and their families from time to time; [PL 1989, c. 425, §1 (NEW).] B. Provide direct reimbursement of the costs incurred by employees and their family members pursuant to a direct reimbursement plan for dental costs, including endodontic, periodontic and orthodontic costs, except that reimbursement of orthodontic costs is limited to 60% of the plan participant's costs. (1) Prior to the commencement of operation of any such direct reimbursement plan or program, the school board shall adopt guidelines that embody a funding mechanism adequate to the financial needs of the plan or program and shall provide for the fixed costs of operations of the plan for the first prospective fund year. A reasonable amount sufficient to satisfy immediate claims costs must be held in a segregated account to be used solely for this purpose. (2) The school board or other legal entity establishing a plan or program for the purpose of direct reimbursement pursuant to this paragraph, whether or not a body corporate, may with respect to the plan or program sue or be sued; make contracts; hold and dispose of real property; borrow money, contract debts and pledge assets in the name of the plan; and perform such other actions incidental to this subparagraph as necessary. (3) The plan or program may be established as a separate legal or administrative entity. (4) The legal entity that establishes a plan or program that provides coverage for more than one school administrative unit with respect to the benefits authorized in this paragraph shall adopt a plan of management that, at a minimum, provides the following: (a) The means of establishing and maintaining a governing authority of the program, including the selection of a governing authority, which must be a board of directors or trustees for the plan, a majority of whom must be from the participating school administrative unit or units; (b) That the governing authority has the responsibility with regard to fixing contributions to the plan, maintaining reserves, levying and collecting assessments for deficiencies, disposing of surplus and administering the plan in the event of its termination, liquidation or insolvency; (c) The identification of funds and reserves by the type of benefit provided and exposure area; (d) The basis upon which new members may be admitted to and existing members may leave the plan; (e) That any member of a group plan or pool established for more than one school administrative unit shall prepay to the plan administrator an initial deposit equal to 25% of the annual contribution before coverage is effective; (f) Other provisions as necessary or desirable for the operation of the plan; (g) A provision that if the assets set aside in any group plan for more than one school administrative unit are at any time determined to be insufficient to enable the plan to discharge its legal liabilities and other obligations and to maintain sound reserves for the provision of the employee benefits provided by the plan, the governing authority shall within 90 days satisfy the deficiency or levy a prorated assessment upon the participating school administrative unit or units for the amount needed to satisfy the deficiency. The agreement among school administrative units in the group plan must provide sanctions for failure to comply with a mandatory assessment under this subparagraph; (5) Prior to the operation of any group or pool plan for more than one school administrative unit, the governing authority shall adopt underwriting guidelines that embody rate charges to prospective members at a level adequate to its financial needs and shall provide for the fixed costs of operations for the first prospective fund year. An amount sufficient to reasonably meet immediate claims costs must be held in a segregated account to be used solely for this purpose. Funds determined to be necessary to fund the program on an ongoing basis must also be held in a segregated account; (6) Each group plan or pool established for more than one school administrative unit shall file with its members, by the last day of the 6th month following the end of the fiscal year, audited financial statements certified by an independent certified public accountant. The financial statement must include, but is not limited to: (a) Appropriate reserves for known claims and expenses associated with those claims; (b) Claims incurred but not reported and expenses associated with those claims; (c) Unearned contributions; and (d) Reserve for bad debts. The audited financial statement must include information concerning the adequacy of the plan. This report must result from a charge by the directors to the plan's actuary and auditor and must address excess insurance, charges for coverage to members, service agents' costs and costs of administration of the program. Two additional copies of the audited financial statements must be filed with the Superintendent of Insurance. If a group plan or pool established for more than one school administrative unit fails to provide for the audited financial statements required, the Superintendent of Insurance shall perform or cause to be performed the audit. The group plan or pool shall reimburse the Superintendent of Insurance for the cost of the audit; and (7) Any reimbursement plan or program for the provision of the employee benefits established and operated pursuant to this paragraph is not an insurance company, reciprocal insurer or insurer under the laws of this State and the development, administration and provision of such plans and programs does not constitute doing an insurance business; [PL 2011, c. 395, §1 (AMD).] C. Pay premiums on liability insurance for employees and school officials; and [PL 1989, c. 425, §1 (NEW).] D. Provide such other employee benefits, directly or indirectly, to their employees as any school board determines from time to time, upon such terms and conditions and in such manner as the school board determines, subject to the requirements of all applicable laws. [PL 1989, c. 425, §1 (NEW).] Nothing in this subsection or subsection 14 prohibits a school board from arranging for and offering a choice of optional health or dental insurance plans to employees and their families that may vary in benefits provided and costs. [PL 2011, c. 395, §1 (AMD).]

5-A. Public self-funded pools. They may participate in a public self-funded pool created under Title 30‑A, chapter 117 . [PL 1989, c. 878, Pt. B, §17 (AMD).]

5-B. Workers' compensation self-insurance. Notwithstanding any other provision of this section, they may participate in or cause their school administrative unit to participate in a self-insurance program or plan for workers' compensation established under and operated in accordance with the Maine Workers' Compensation Act of 1992, Title 39‑A, chapter 9 . [PL 1991, c. 885, Pt. E, §20 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]

5-C. Coverage under group health insurance plan for spouse and dependents after death of teacher. If the spouse or other dependents of a teacher as defined in Title 5, section 17001, subsection 42 are covered by a policy of group health insurance provided by the school board and the teacher dies while employed by the board, the board shall provide an opportunity for the spouse or dependent to continue coverage under the group policy after the death of the teacher by making the premium payment for the cost of that coverage. In the case of underage dependent children of the teacher, coverage must be available at least until the dependent children reach 19 years of age. [PL 2001, c. 471, Pt. D, §17 (AMD); PL 2001, c. 471, Pt. D, §18 (AFF).]

5-D. Group self-insured options. Notwithstanding any other provision of this section, they may arrange for a group self-insurance program to provide health or dental insurance for employees and their families, including a group self-insurance program established through an interlocal agreement with other school administrative units or municipalities established pursuant to Title 30‑A, chapter 115 . The following restrictions apply to self-insured group health or dental programs. A. For purposes of this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Program" means a group self-insurance health or dental program. (2) "Program provider" means a school administrative unit that has arranged for a program under this subsection or collectively those school administrative units or municipalities that have entered an interlocal agreement to arrange for a program under this subsection. (3) "Qualified actuary" means an actuary who is a member of the American Academy of Actuaries qualified as to health reserving methodologies. [PL 2011, c. 395, §2 (NEW).] B. To the extent the program provider assumes the risk with respect to any program provided under this subsection, the program provider shall maintain a reserve at least equal to the sum of: (1) An amount estimated to be necessary to pay claims and administrative costs for the assumed risk for 2 1/2 months; and (2) The amount determined annually by a qualified actuary to be necessary to fund the unpaid portion of ultimate expected losses, including incurred but not reported claims, and related expenses incurred in the provision of benefits for eligible participants, less any credit, as determined by a qualified actuary, for excess or stop-loss insurance. If the program provider self-insures for more than one program, a reserve meeting the requirements of this paragraph must be maintained for each program. [PL 2011, c. 395, §2 (NEW).] C. The program provider may purchase excess or stop-loss insurance for any program, with attachment levels and limits as recommended by a qualified actuary. [PL 2011, c. 395, §2 (NEW).] D. Paragraph B does not apply to a program in the first 2 years after the program is changed from a fully insured program to a fully or partially self-insured program. Before a program may begin its first year of operation: (1) The reserve fund must contain a reserve at least equal to the amount estimated to be necessary to pay the claims and administrative costs with respect to the assumed risk for one full month; and (2) The rate structure of the program, as certified by a qualified actuary, must be designed to enable the fund to attain the following reserve levels: (a) By the end of the first year of the program, the reserve required by paragraph B , subparagraph (2) and an amount estimated to be necessary to pay claims and administrative costs for the assumed risk for 2 full months; and (b) By the end of the 2nd year of the program, the reserve required by paragraph B , subparagraph (2) and an amount estimated to be necessary to pay claims and administrative costs for the assumed risk for 2 1/2 full months. If the program provider purchases stop-loss or excess insurance with respect to the risk, the required reserve is reduced by the credit specified in paragraph B . A self-insurance program may not continue if the reserve fund with respect to that program does not contain the amounts set forth in subparagraph (2) by the time limits established. [PL 2011, c. 395, §2 (NEW).] E. The program provider may not enter into a contract with a 3rd-party administrator that has not demonstrated compliance with all applicable state laws and that is not, at the time of entering into the contract, administering a health plan or providing health care coverage for a total number of lives equal to the number that would be covered by the program provider contract. [PL 2011, c. 395, §2 (NEW).] F. Every applicant to provide service as a 3rd-party administrator for the program shall file a fidelity bond in favor of the program provider executed by a surety company for the benefit of the program provider or beneficiaries of the program and shall maintain the fidelity bond in force while representing the program. The bond must be continuous in form and in one of the following amounts, up to $1,000,000: (1) For an administrator that collects contributions and premiums for a program but does not administer or pay claims, the greater of $50,000 and 5% of contributions and premiums projected to be received or collected for the following plan year from the program provider or from persons covered by the program; (2) For an administrator that administers and pays claims but does not collect premiums and contributions, the greater of $50,000 and 5% of the claims and claim expenses projected to be held for the following year to pay claims and claim expenses for persons covered by the program; or (3) For an administrator that collects premiums and contributions and administers and pays claims, the greater of the amounts determined under subparagraphs (1) and (2). This paragraph applies only if no other applicable state law requires bonding of 3rd-party administrators. [PL 2011, c. 395, §2 (NEW).] G. Any contract entered into by the program provider must provide for coverage that meets the same level of benefits as those that would be required by state law if the coverage were provided by a health insurance plan governed by Title 24 or Title 24‑A . [PL 2011, c. 395, §2 (NEW).] H. If a group self-insurance program is established through an interlocal agreement with other school administrative units or municipalities established pursuant to Title 30‑A, chapter 115 , the group self-insurance program must be approved by the Superintendent of Insurance as a multiple-employer welfare arrangement pursuant to Title 24‑A, chapter 81 . [PL 2011, c. 395, §2 (NEW).] [PL 2011, c. 395, §2 (NEW).]

6. Courses of study. They shall adopt the courses of study in alignment with the system of learning results as established in section 6209 and in accordance with the requirements of this Title. [PL 2001, c. 588, §6 (AMD).]

7. Tuition payment for attendance by those resident on territory ceded to United States. They shall prescribe the tuition for attendance of persons of the required age, resident in territory the jurisdiction of which has been ceded to the United States, included in or surrounded by the administrative unit. [PL 1981, c. 693, §§5, 8 (NEW).]

8. Operate public preschool programs, kindergarten and grades one to 12. They shall either operate programs in kindergarten and grades one to 12 or otherwise provide for students to participate in those grades as authorized elsewhere in this Title. To the extent the State provides adequate start-up funding, they may operate public preschool programs or provide for students to participate in such programs in accordance with the requirements of this Title. They shall determine which students attend each school, classify them and transfer them from school to school where more than one school is maintained at the same time. If a school administrative unit neither maintains a school nor contracts for school privileges pursuant to chapter 115 and a student who resides in the school administrative unit is unable to enroll in another school administrative unit, the school board shall direct the superintendent of the school administrative unit where the student resides to make a written request to the commissioner to designate a place of enrollment for the student, pursuant to section 254, subsection 19 . [PL 2015, c. 448, §2 (AMD).]

8-A. Due process standards for expulsion proceedings. Following a proper investigation of a student's behavior and in accordance with the districtwide disciplinary policies adopted by the school board pursuant to subsection 15‑A , a school board that intends to consider expulsion shall ensure proceedings include the following due process provisions. A. Before a hearing on the expulsion, the superintendent shall: (1) Provide written notice to the parents and the student of: (a) The date, time and location of the hearing; (b) A description of the incident or incidents that occasioned the expulsion hearing; (c) The student's and parents' right to review the school records prior to the hearing; (d) A description of the hearing process; (e) An explanation of the consequences of an expulsion; and (f) A list of available free and low-cost legal services, which must be created and updated annually by the department; and (2) Invite the parents and student to a meeting prior to the expulsion hearing to discuss the procedures of the hearing. [PL 2021, c. 295, §§1, 2 (AMD).] B. At a hearing on the expulsion: (1) The student has the right to present and cross-examine witnesses; (2) The student has the right to an attorney or other representation; and (3) Witnesses must be sworn in and the chair of the hearing has the authority to swear in witnesses. [PL 2011, c. 614, §3 (NEW).] C. After a hearing on the expulsion, the school board shall provide written notice of its decision to the parents and the student by certified mail. The notice of the school board's written decision may include a reentry plan developed in accordance with subsection 9‑C . [PL 2011, c. 614, §3 (NEW).] [PL 2021, c. 295, §§1, 2 (AMD); PL 2021, c. 320, §1 (AMD).]

9. Students expelled or suspended. Following a proper investigation of a student's behavior and due process proceedings pursuant to subsection 8‑A , if found necessary for the peace and usefulness of the school, a school board shall expel any student, except a student who is enrolled in grade 5 or below: A. Who is deliberately disobedient or deliberately disorderly; [PL 1993, c. 157, §1 (NEW).] B. For infractions of violence; [PL 1993, c. 157, §1 (NEW).] C. Who possesses on school property a firearm as defined in Title 17‑A, section 2, subsection 12‑A or a dangerous weapon as defined in Title 17‑A, section 2, subsection 9 without permission of a school official; [PL 1997, c. 298, §1 (AMD).] D. Who, with use of any other dangerous weapon as defined in Title 17‑A, section 2, subsection 9, paragraph A , intentionally or knowingly causes injury or accompanies use of a weapon with a threat to cause injury; or [PL 1993, c. 157, §1 (NEW).] E. Who possesses, furnishes or trafficks in any scheduled drug as defined in Title 17‑A, chapter 45 . [PL 1993, c. 157, §1 (NEW).] A student may be readmitted on satisfactory evidence that the behavior that was the cause of the student being expelled will not likely recur. The school board may authorize the principal to suspend students up to a maximum of 10 days for infractions of school rules, except that the school board may not authorize the principal to issue an out-of-school suspension to a student who is enrolled in grade 5 or below except as provided under subsection 9-A or unless the principal determines that there is an imminent danger of serious physical injury to the student or others and less restrictive interventions would be ineffective. An out-of-school suspension for a student who is enrolled in grade 5 or below may not exceed 3 days. The school board may authorize the superintendent or principal to modify, in writing, the requirement for expulsion of a student on a case-by-case basis. In addition to other powers and duties under this subsection, the school board may develop a policy requiring a student who is in violation of school substance use or possession rules to participate in substance use disorder services as provided in section 6606 . Nothing in this subsection or subsection 9‑C prevents a school board from providing educational services in an alternative setting to a student who has been expelled. [PL 2021, c. 295, §3 (AMD); PL 2021, c. 320, §2 (AMD).]

9-A. Students expelled or suspended under the requirements of the federal Gun-Free Schools Act. The school boards shall adopt a policy for expelling a student who is determined to have brought a firearm, as defined in 18 United States Code, Section 921, to school or to have possessed a firearm at school and for referring the matter to the appropriate local law enforcement agency. A. A student who is determined to have brought a firearm to school or to have possessed a firearm at school under this subsection must be expelled from school for a period of not less than one year, except that the school board may authorize the superintendent to modify in writing the requirement for expulsion of a student on a case-by-case basis. A decision to change the placement of a student with a disability must be made in accordance with the federal Individuals With Disabilities Education Act, 20 United States Code, Section 1400 et seq. [PL 2021, c. 320, §3 (AMD).] B. Nothing in this subsection prevents a school board from: (1) Offering instructional activities related to firearms or from allowing a firearm to be brought to school for instructional activities sanctioned by the school board and for which the school board has adopted appropriate safeguards to ensure student safety; or (2) Providing educational services in an alternative setting to a student who has been expelled. [PL 2009, c. 614, §1 (AMD).] C. In accordance with the proper investigation and due process provisions required in subsection 9 , a principal may suspend immediately for good cause a student who is determined to have brought a firearm to school or to have possessed a firearm at school under this subsection. [PL 2009, c. 614, §1 (AMD).] [PL 2021, c. 320, §3 (AMD).]

9-B. Disciplinary sanctions for children with disabilities. They retain the authority to sanction a child with a disability as defined in section 7001, subsection 1‑A for misconduct that violates school rules. Notwithstanding the duties of school administrative units as described in section 7202 , the school board may authorize the superintendent, principal or assistant principal to enforce this subsection by allowing the superintendent, principal or assistant principal to suspend a child with a disability up to a maximum of 10 days individually or cumulatively for infractions of school rules. When a child with a disability is suspended for 10 days or less individually or cumulatively within a school year for a violation of school rules, the school board is not required to provide a tutor, transportation or any other aspect of the student's special education program. Discipline of children with disabilities must be consistent with the requirements of the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1415(k). [PL 2005, c. 662, Pt. A, §6 (AMD).]

9-C. Reentry for students after expulsion. Upon making a decision to expel a student in accordance with procedures set forth in subsections 8‑A and 9 , a school board may exercise one of the following options in expelling a student: A. The school board may expel the student for a specific period of time not to exceed the total number of instructional days approved by the school board for the current school year; or [PL 2011, c. 614, §5 (NEW).] B. The school board may expel the student for an unspecified period of time and authorize the superintendent to provide the expelled student with a reentry plan that specifies the conditions that must be met in order for the student to be readmitted to school after the expulsion. If a school board authorizes the superintendent to provide the expelled student with a reentry plan, the school board shall ensure that the student who has been expelled is provided with a reentry plan in accordance with this paragraph. (1) The reentry plan must be developed by the superintendent or the superintendent's designee in consultation with the student and the student's parents to provide guidance that helps the student understand what the student must do to establish satisfactory evidence that the behavior that resulted in the expulsion will not likely recur. (2) The superintendent or the superintendent's designee shall send a certified letter, return receipt requested, or hand deliver a letter to the parents of the expelled student giving notice of the date, time and location of a meeting to develop a reentry plan for the student. (3) If the student and the student's parents do not attend the meeting under subparagraph (2), the reentry plan must be developed by school staff. (4) The reentry plan must be provided to the parents and the student in writing. (5) The superintendent shall designate a school employee to review the student's progress with the reentry plan at intervals of one month, 3 months and 6 months after the meeting and at other times as determined necessary by the designated school employee. (6) The reentry plan may require the student to take reasonable measures determined by the superintendent to be helpful to establish the student's readiness to return to school. Professional services determined to be necessary by the superintendent must be provided at the expense of the student and the student's parents. (7) The superintendent may, as appropriate, notify an individualized education program team for a child with a disability who has been expelled by a school board. (8) The superintendent shall annually report data on the number of students who are expelled from school and the number of students who are readmitted to school after expulsion to the commissioner's consultant on truancy, dropouts and alternative education under section 5151 . [PL 2011, c. 614, §5 (NEW).] [PL 2011, c. 614, §5 (NEW).]

9-D. Professional services after expulsion for a child with a disability. Nothing in subsection 9‑C may be interpreted to require payment from the parents of an expelled student for professional services determined by the superintendent to be necessary to establish the student's readiness to return to school if: A. The student is a child with a disability who has been determined to be eligible for a free, appropriate public education in accordance with 34 Code of Federal Regulations, Section 300.530, Paragraph (d); or [PL 2011, c. 614, §6 (NEW).] B. The school administrative unit did not have knowledge that the student was a child with a disability prior to taking disciplinary measures against the student and, based on a subsequent evaluation, the student is determined to be a child with a disability who is eligible for a free, appropriate public education in accordance with 34 Code of Federal Regulations, Section 300.534, Paragraph (d). [PL 2011, c. 614, §6 (NEW).] [PL 2011, c. 614, §6 (NEW).]

10. Physiology and hygiene. [PL 1983, c. 859, Pt. C, §§2, 7 (RP).]

10-A. Educational materials. They shall adopt a policy governing the selection of educational materials and may approve educational materials. [PL 2001, c. 588, §7 (AMD).]

11. Persons not immunized excluded. [PL 1983, c. 862, §52 (RP).]

11-A. Exposure to communicable disease. They shall adopt a policy for enforcement by the superintendent to safeguard the health of any student or employee who has contracted or been exposed to a communicable disease, in accordance with sections 6301 , 6351-A and 6551, and Title 22, chapter 251 . [PL 1983, c. 661, §2 (NEW).]

12. Salaries of persons absent. They may adjust the salaries of teachers, principals and other persons legally employed by them who are compelled to be absent from their school duties. No reduction in pay may be made if absence is caused by the bona fide observance of designated holidays in the church of their faith. This subsection and section 13604 shall apply only in cases of persons who are employed on yearly contracts or on tenure of service and who hold the legal qualifications necessary for the positions. [PL 1981, c. 693, §§5, 8 (NEW).]

13. Nondiscriminatory hiring. They shall develop a nondiscriminatory hiring practice for positions requiring administrator certification. That hiring practice must include: A. Creation or reassessment of job descriptions; [PL 1989, c. 889, §6 (NEW).] B. Clearly stated criteria for positions; and [PL 1989, c. 889, §6 (NEW).] C. An interview format that includes questions based on job descriptions and stated criteria. [PL 1989, c. 889, §6 (NEW).] [PL 1989, c. 889, §6 (NEW).]

14. Insurance purchase by competitive bidding. Except as otherwise provided by waiver, a school board shall oversee the purchasing of insurance by competitive bidding. On each insurance policy, a competitive bid must be sought at least once every 5 years. To take advantage of commercial package policies in the marketplace, a school board shall group qualifying lines of insurance into a single competitive bid process. Each policy secured by competitive bidding must be issued with a 3-year policy term or, if this is not possible, a commitment for 3 one-year policy terms must be secured with an option for 2 additional one-year policy terms, subject to annual review and adjustment. A. The requirement of competitive bidding may be waived by a school board when: (1) In the opinion of the school board, an emergency exists that requires the immediate procurement of insurance. The emergency may include the premature cancellation of an existing policy or acquisition of a risk that can not be added to an existing policy, including the signing of a lease. However, at the next renewal of the policy, procurement of insurance is subject to competitive bidding; (2) After reasonable investigation by the school board, it appears that the required insurance is procurable from only one source; (3) It appears to be in the best interest of the school board to negotiate for the procurement of an excess insurance line; (4) The line of insurance is workers' compensation or an employee benefit such as life, disability or health insurance in accordance with subsection 5 ; or (5) The school board is in a municipal school unit and school insurance and municipal insurance are purchased as a package through competitive bidding by the municipal government. [PL 1993, c. 423, §1 (NEW).] B. A registry of bidders must be maintained by the school board. Invitations to bid or proposals must be sent to a registry of bidders on file with the school board. Insurance agents or brokers licensed by the Bureau of Insurance and risk pools authorized under Title 24‑A or Title 30‑A, chapter 117 desiring to have their names entered on a registry of bidders shall submit to the school board in writing a request for such action. The name of a bidder entered in a registry who fails to submit a bid on 3 consecutive proposals or invitations to bid may be removed from the registry at the discretion of the school board. [PL 1993, c. 423, §1 (NEW).] C. "Competitive bidding" means the following multistep process. (1) At least 4 months before the expiration date of the policy for which bids are being solicited, a prequalification questionnaire, referred to in this paragraph as the "questionnaire," must be developed by the school board for the purpose of prequalifying bidders. The questionnaire must contain at a minimum: (a) Questions on the bidder's insurance knowledge, educational background, licensing, errors and omissions insurance, experience with public entities, experience with school systems and number of years in business. The questionnaire must state that qualified bidders must be insurance agents or brokers licensed by the Bureau of Insurance or duly authorized risk pools under Title 24‑A or Title 30‑A, chapter 117 ; (b) The evaluation criteria and relative scoring weights to be applied in the prequalification evaluation process; (c) A statement that bidders are subject to prescreening and may not approach an insurer or reinsurer until given permission by the school board to do so since markets are allocated by the school board. The questionnaire must state that failure to comply with this restriction automatically disqualifies the bidder. The questionnaire must state that the school board reserves the option to require a personal interview at any time in the process; and (d) The address and contact person to which the questionnaire must be submitted and the opening date and time, which may not be less than 3 1/2 months from the expiration date of the policy or policies being sought. The questionnaire must state that: all proposals are publicly opened at the date, time and place noted; a questionnaire received after the date and time specified is rejected, but retained and not evaluated or considered further; and proposals are not available for inspection until after the bid is awarded. The questionnaire must state that the school board reserves the right to reject a questionnaire and does not accept responsibility for costs incurred by a bidder in the preparation of a questionnaire. The questionnaire must state that bidders are notified of the outcome in writing no later than 10 days after the closing date. (2) In the same time frame, the school board shall approve a request for proposal, referred to in this paragraph as the "proposal." The proposal must contain at a minimum: (a) The line or lines of insurance for which bids are being solicited and a clear definition of minimum coverage required, minimum limits required, deductibles, policy forms and endorsements required and policy term required. If coverage identical to the expiring coverage is being sought, a copy of the expiring policy or policies and all endorsements may be enclosed to meet this requirement; (b) Basic underwriting information, such as named insured, mailing address, nature of risk, actual locations, schedules of buildings, business personal property, vehicles or any other property for which insurance is being sought, if applicable; (c) At least a 3-year and preferably a 5-year company-generated loss run; (d) A clear definition of the services, if any, required of both the bidder and the insurer; (e) The minimum A.M. Best rating and financial size category acceptable to the school board; (f) The evaluation criteria and relative scoring weights to be applied to the proposal. Cost of the insurance coverage must be included in the evaluation criteria and must be given a minimum of 50% of the total weight of all criteria; (g) The address and contact person to which a bid must be submitted and the bid opening date and time. The proposal must state that: all proposals are publicly opened at the date, time and place noted; bids received after the date and time specified are rejected, but retained and not evaluated or considered further; and proposals are not available for inspection until after the bid is awarded. The proposal must state that the school board reserves the right to reject a bid and does not accept responsibility for costs incurred by a bidder in the preparation of a proposal. The proposal must state that all bidders are notified of the outcome in writing no later than 20 days after the bid closing date; (h) The name, address and optionally a facsimile number of a school board contact person to whom written questions may be addressed. The proposal must state that the school board will reply to questions submitted in writing before a specified deadline with copies of the questions and answers to be provided in writing to all bidders; and (i) A statement that the successful bidder must present an insurance binder to the school board within 5 days of the award and no later than the expiration date of the existing policy. Failure to do so disqualifies the award and the award is then made to the next highest-rated bidder who was in compliance with the proposal. The proposal must state that all decisions regarding the award are final. (3) Each bidder on the registry of bidders must be provided with a questionnaire and proposal 4 months before the expiration of the policy or policies being sought. Each bidder must complete and return the questionnaire before the stated date and time as specified in the questionnaire. In addition, a bidder must state in the order of preference the insurers they prefer to solicit on the school board's behalf. The school board shall then have 3 persons independently review a questionnaire on the basis of the established criteria. The reviewers shall document the scoring and select all qualified bidders, but no more than the 5 highest-rated, to participate further in the process. (4) The school board shall allocate to each selected bidder at least one insurer from which to solicit a bid. This market allocation must be made on the basis of awarding the bidder's first choice to the bidder. If there is a conflict, an incumbent broker is given preference over the school board's incumbent insurer. Allocation is then made on the basis of highest-qualifying score. Once market allocation is complete, a new bid closing date must be set for 30 days before the policy expiration date for submission of insurer bids. (5) The school board shall have 3 persons independently review each submitted bid on the basis of the established criteria. The reviewers shall document the scoring and substantive information that supports the scoring and make the award decision. Interviews may be considered within the review. Award must be made to the highest-rated proposal that conforms to the proposal. Tie scores must be resolved on the basis of factors considered by the school board to serve the best interests of the school system. Minor negotiations not affecting the bid price more than 5% after notice of award are allowed and, if agreement can not be reached, the proposal may be rejected and the award made to the next highest-rated bidder who is in compliance with the proposal. Written records must be kept by each person reviewing or ranking proposals. The award of the bid must then be announced publicly. All bidders must be notified in writing no later than 5 days after the award is made. The successful bidder shall submit, in accordance with the proposal, a written binder of insurance within 5 days of the award and no later than the expiration date of the expiring policy. All decisions regarding awards are final. [PL 2001, c. 588, §9 (AMD).] D. In order to facilitate the competitive bidding process in procuring health insurance for a school administrative unit’s employees under this subsection, the administrator for an individual school plan or for a group plan for a multiple-school group shall seek and obtain competitive bids through a request for proposal process from qualified insurers at least once every 5 years commencing July 1, 2012. The administrator for any such group plan shall make the request for proposal responses available to requesting school administrative units, excluding any portions of the request for proposal responses considered to be confidential proprietary information by the submitting insurers. If any such individual school plan or group plan is subsequently self-insured, in whole or in part, the school board shall compare the overall cost of such a self-insured plan, including projected claims, all administrative expenses and reinsurance expenses, to the cost of insured products at least once every 5 years commencing July 1, 2012. [PL 2011, c. 249, §1 (NEW).] Revisor's Note: (Paragraph D as enacted by PL 2011, c. 395, §3 is REALLOCATED TO TITLE 20-A, SECTION 1001, SUBSECTION 14, PARAGRAPH E) E. (REALLOCATED FROM T. 20-A, §1001, sub-§14, ¶D) In order to facilitate the competitive bidding process in procuring health insurance for a school administrative unit's employees under this subsection, a school administrative unit may request from the insurer providing health insurance coverage to its employees and retirees loss information concerning all of that school administrative unit's employees and retirees and their dependents covered under the school administrative unit's policy or contract pursuant to Title 24‑A, section 2803‑A . The school boards of the alternative organizational structure's member school administrative units may authorize the governing body of the alternative organizational structure to contract for a single health insurance policy that is offered to all eligible employees and retirees of the alternative organizational structure and its member school administrative units and their dependents in one or more employment classifications. If an alternative organizational structure contracts for a single health insurance policy that is offered to all eligible employees and retirees of the alternative organizational structure and its member school administrative units and their dependents in one or more employment classifications, the governing body of the alternative organizational structure shall provide notice to the insurer of the alternative organizational structure's election to contract for a single health insurance policy at least 6 months before the effective date of the policy. The alternative organizational structure may not revoke a single health insurance policy under this paragraph for a period of 5 years after the effective date of the policy and shall provide notice of revocation at least 6 months before the effective date of the revocation. [PL 2015, c. 420, §1 (AMD).] [PL 2015, c. 420, §1 (AMD).]

15. Adoption of student code of conduct. With input from educators, administrators, parents, students and community members, they shall adopt a districtwide student code of conduct consistent with the statewide standards for student behavior developed under section 254, subsection 11 . The student code of conduct must: A. Define unacceptable student behavior; [PL 1999, c. 351, §2 (NEW).] B. Establish standards of student responsibility for behavior; [PL 1999, c. 351, §2 (NEW).] C. Prescribe consequences for violation of the student code of conduct, including first-time violations, when appropriate; [PL 1999, c. 351, §2 (NEW).] D. Describe appropriate procedures for referring students in need of special services to those services; [PL 1999, c. 351, §2 (NEW).] E. Establish criteria to determine when further assessment of a current individual education plan is necessary, based on removal of the student from class; [PL 1999, c. 351, §2 (NEW).] F. Establish policies and procedures to identify, assess and intervene with students who may pose a threat of violence to themselves or others within the school community, including policies and procedures regarding student supports, disciplinary actions and placement decisions if and when appropriate, up to and including removal from a classroom or a school bus; [PL 2025, c. 125, §1 (AMD).] G. Establish guidelines and criteria concerning the appropriate circumstances when the superintendent or the superintendent's designee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence committed by any person on school grounds or other school property; [PL 2021, c. 295, §4 (AMD).] H. Establish policies and procedures to address bullying, harassment and sexual harassment as set forth in section 6554 ; [PL 2021, c. 295, §4 (AMD).] I. Provide that recess may not be withheld as a consequence of a violation of the student code of conduct by any student enrolled in grade 5 or below, except that when there is no alternative time available, recess time may be used for restorative interventions as defined in section 1001, subsection 15‑A, paragraph B related to the student's behavior; [PL 2021, c. 295, §4 (NEW).] J. Establish that an out-of-school suspension or expulsion may not be issued to a student in grade 5 or below except as provided under subsection 9 or 9‑A or unless the principal determines that there is an imminent danger of serious physical injury to the student or others and less restrictive interventions would be ineffective; and [PL 2021, c. 295, §4 (NEW).] K. Establish that an out-of-school suspension for a student in grade 5 or below may not exceed 3 days. [PL 2021, c. 295, §4 (NEW).] The school board is responsible for ensuring that school officials inform students, parents and community members of the student code of conduct. [PL 2025, c. 125, §1 (AMD).]

15-A. School disciplinary policies. When revising the prescribed consequences for violation of the student code of conduct pursuant to subsection 15, paragraph C , a school board shall consider districtwide disciplinary policies that: A. Focus on positive interventions and expectations and avoid focusing exclusively on unacceptable student behavior. For the purpose of this subsection, "positive interventions" means instructional and environmental supports that are designed to teach students prosocial alternatives to problem behaviors with high rates of positive feedback; [PL 2011, c. 614, §7 (NEW).] B. Focus on positive and restorative interventions that are consistent with evidence-based practices rather than set punishments for specific behavior and avoid so-called zero-tolerance practices unless specifically required by federal or state laws, rules or regulations. For the purpose of this paragraph, "restorative interventions" means school practices that are designed to strengthen relationships, improve the connection to school and promote a strong sense of accountability and that help students learn from their mistakes, understand the impact of their actions on others and find opportunities to repair the harm they have caused through their misbehavior; [PL 2011, c. 614, §7 (NEW).] C. Allow administrators to use their discretion to fashion appropriate discipline that examines the circumstances pertinent to the case at hand; and [PL 2011, c. 614, §7 (NEW).] D. Provide written notice to the parents of a student when a student is suspended from school, regardless of whether the suspension is an in-school or out-of-school suspension. [PL 2011, c. 614, §7 (NEW).] The school board shall ensure that administrators inform students, parents and school personnel of the districtwide school disciplinary policies. [PL 2011, c. 614, §7 (NEW).]

16. Comprehensive health and safety and emergency management plan. Each school board shall annually approve a comprehensive health and safety and emergency management plan that meets nationally recognized practices and is developed by the school unit administration working collaboratively with appropriate stakeholders. The approval of a comprehensive health and safety and emergency management plan under this subsection is public information. At the request of any school board member or full-time school employee, the school board shall form a steering committee composed of school employees, including a school employee designated by that employee's school as having oversight regarding school safety, school board members, parents and others. A majority of the school employees must be chosen by the local representatives of the applicable bargaining unit if the school employees are covered by a collective bargaining agreement. The steering committee shall regularly review and refine the comprehensive health and safety and emergency management plan. The following information pertaining to a comprehensive health and safety and emergency management plan is public information: A. A description of the scope and purpose of the comprehensive health and safety and emergency management plan and the process used for developing and updating the plan; [PL 2021, c. 464, §1 (AMD).] B. General information on auditing for safety and preparedness; [PL 2007, c. 408, §1 (NEW).] C. Roles and responsibilities of school administrators, teachers and staff and the designated chain of command during an emergency; and [PL 2007, c. 408, §1 (NEW).] D. Strategies for conveying information to parents and the general public during an emergency. [PL 2007, c. 408, §1 (NEW).] Except as provided in paragraphs A to D , release of the contents of a comprehensive health and safety and emergency management plan approved under this subsection is subject to the limitations set forth in Title 1, section 402, subsection 3, paragraph L . [PL 2023, c. 254, §1 (AMD).]

17. School bomb threat response policies. Beginning with the 2002-2003 school year, each school board in the State must have adopted a school bomb threat policy that is consistent with the prototypical policies developed by the commissioner under section 263 . [PL 2001, c. 67, §2 (NEW).]

18. Bomb threat information in student handbooks. Beginning with the 2002-2003 school year, each school board shall include in its student handbook a section that addresses in detail the school's bomb threat policies and protocols. The section of the handbook must contain an explanation of the portions of the policies and protocols relevant to students and their families and explain to the students the educational and legal consequences of making a bomb threat to a school. [PL 2001, c. 67, §2 (NEW).]

19. Adoption of policy to manage concussive and other head injuries. Beginning January 1, 2013, the school board of each public school and the governing body of each private school enrolling more than 60% of its students at public expense in this State shall adopt and implement a policy on the management of concussive and other head injuries in school activities and athletics that is consistent with the model policy developed by the commissioner in accordance with section 254, subsection 17 . [PL 2011, c. 688, §2 (NEW).]

20. School board meeting public comment period. A school board shall provide the opportunity for the public to comment on school and education matters at a school board meeting. Nothing in this subsection restricts the school board from establishing reasonable standards for the public comment period, including time limits and conduct standards. For purposes of this subsection, "school board meeting" means a full meeting of the school board and does not include meetings of subcommittees. [PL 2019, c. 293, §1 (NEW).]

21. Communication with school employees and the public. A school board shall regularly communicate with school employees in the school board's school administrative unit and members of the public who reside within the boundaries of the school administrative unit. [PL 2021, c. 281, §1 (NEW).] Revisor's Note: (Subsection 21 as enacted by PL 2021, c. 471, §1 is REALLOCATED TO TITLE 20-A, SECTION 1001, SUBSECTION 22)

22. (REALLOCATED FROM T. 20-A, §1001, sub-21) Workplace bullying. A school board shall adopt and implement a policy to address the negative effects of bullying of school employees by administrators, school employees, parents, students or any other individuals associated with the public school and to ensure the safety of employees and an inclusive environment for all employees and students in the public school. The policy must include, but is not limited to: A. A provision identifying the responsibility of all school employees to comply with the policy; [PL 2021, c. 471, §1 (NEW); RR 2021, c. 1, Pt. A, §15 (RAL).] B. A clear statement that bullying, harassment and retaliation for reporting such behavior are prohibited; [PL 2021, c. 471, §1 (NEW); RR 2021, c. 1, Pt. A, §15 (RAL).] C. A provision outlining the responsibility of a superintendent to implement and enforce the policy; [PL 2021, c. 471, §1 (NEW); RR 2021, c. 1, Pt. A, §15 (RAL).] D. A procedure for school employees to report incidents of bullying; [PL 2021, c. 471, §1 (NEW); RR 2021, c. 1, Pt. A, §15 (RAL).] E. A procedure for promptly investigating and responding to incidents of bullying, including written documentation of reported incidents; and [PL 2021, c. 471, §1 (NEW); RR 2021, c. 1, Pt. A, §15 (RAL).] F. A statement that any rights under the policy do not exclude access to or limit any other right or remedy under the law. [PL 2021, c. 471, §1 (NEW); RR 2021, c. 1, Pt. A, §15 (RAL).] If an affected school employee is covered by a collective bargaining agreement, the policy under this subsection is subject to the dispute resolution process of the collective bargaining agreement. For the purposes of this subsection, "bullying" includes cyberbullying as defined in section 6554, subsection 2, paragraph C . [PL 2021, c. 471, §1 (NEW); RR 2021, c. 1, Pt. A, §15 (RAL).]

23. Cellular telephone policy. By August 1, 2026, a school board shall adopt and implement a policy related to use of personal electronic devices during the school day. The policy must include, but is not limited to, provisions related to student use of cellular telephones and wearable electronic devices with Internet or cellular network connectivity capabilities. [PL 2025, c. 210, §1 (NEW).] Revisor's Note: (Subsection 23 as enacted by PL 2025, c. 308, §1 is REALLOCATED TO TITLE 20-A, SECTION 1001, SUBSECTION 24)

24. (REALLOCATED FROM T. 20-A, §1001, sub-§23) Temperature standards for school buildings. A school board shall adopt and implement a written policy establishing standards for minimum temperatures and maximum temperatures for school buildings. The policy must be posted on the school board's school administrative unit's publicly accessible website. A school board shall seek guidance from the department prior to adopting and implementing the written policy. [PL 2025, c. 308, §1 (NEW); RR 2025, c. 1, Pt. A, §27 (RAL).]
20-A M.R.S. § 853 — ME Code / Title 20-A / Part 1 / Chapter 9 / Section 853
20-A §853. Commissioner's programs
Status: in_force

1. Programs. The commissioner may produce or contract for educational television programs. [PL 1989, c. 702, Pt. E, §9 (NEW).]

2. Fees. The commissioner may charge a fee from users of the instructional programs offered by an interactive television system. [PL 1989, c. 702, Pt. E, §9 (NEW).]

3. Dedicated fund. The commissioner may expend all fee payments from a special revenue account to support equipment, development, instructional and production costs incurred by the department in providing interactive television system programs. [PL 1989, c. 702, Pt. E, §9 (NEW).]
20-A M.R.S. § 6001-C — ME Code / Title 20-A / Part 3 / Chapter 221 / Section 6001-C
20-A §6001-C. Student social security numbers; collection and deletion
Status: in_force

1. Collection of social security number. If a school administrative unit, a public school within a school administrative unit or a private school requests a student's social security number, the unit or school shall inform the parent or legal guardian of that student or the student if the student is 18 years of age or older for what purpose the social security number will be used and provide the parent, legal guardian or student if the student is 18 years of age or older the opportunity to opt out of providing the social security number. [PL 2017, c. 247, §1 (NEW).]

2. Deletion of social security number. A school administrative unit, a public school within a school administrative unit or a private school that collects a student's social security number shall delete the student's social security number from the student's records once the student is no longer enrolled in the school administrative unit, the public school within a school administrative unit or private school. [PL 2017, c. 247, §1 (NEW).]
20-A M.R.S. § 10711 — ME Code / Title 20-A / Part 5 / Chapter 409 / Section 10711
20-A §10711. Prohibition
Status: in_force

The authority of an educational institution to confer degrees may not be sold, transferred, assigned or given as collateral. Any purported sale, transfer, assignment or encumbrance of this authority is void. [PL 1991, c. 563, §4 (NEW).]
20-A M.R.S. § 10004 — ME Code / Title 20-A / Part 5 / Chapter 401 / Section 10004
20-A §10004. Prohibition of hazing
Status: in_force

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Injurious hazing" means any action or situation, including harassing behavior, that recklessly or intentionally endangers the mental or physical health of any school personnel or a student enrolled at an institution in this State or any activity expected of a student as a condition of joining or maintaining membership in a group that humiliates, degrades, abuses or endangers the student, regardless of the student's willingness to participate in the activity. [PL 2019, c. 372, §2 (AMD).] B. "Institution" means any post-secondary institution incorporated or chartered under the laws of this State. [PL 1983, c. 159 (NEW).] C. "Trustees" means trustees or the governing board of every post-secondary institution incorporated or chartered under the laws of this State. [PL 1983, c. 159 (NEW).] D. "Violator" means any person or any organization which engages in hazing. [PL 1983, c. 159 (NEW).] [PL 2019, c. 372, §2 (AMD).]

2. Adoption of rules. The trustees shall adopt rules: A. For the maintenance of public order; and [PL 1983, c. 159 (NEW).] B. Prohibiting injurious hazing by any student, faculty member, group or organization affiliated with the institution, either on or off campus. [PL 1983, c. 159 (NEW).] [PL 1983, c. 159 (NEW).]

3. Penalties. The trustees shall establish penalties for violation of the rules established in subsection 2 . The penalties shall include, but not be limited to, provisions for: A. In the case of a person not associated with the institution, the ejection of the violator from the campus or institution property; [PL 1983, c. 159 (NEW).] B. In the case of a student, administrator or faculty violator, the individual's suspension, expulsion or other appropriate disciplinary action; and [PL 1983, c. 159 (NEW).] C. In the case of an organization affiliated with the institution which authorizes hazing, recision of permission for that organization to operate on campus property or receive any other benefit of affiliation with the institution. [PL 1983, c. 159 (NEW).] These penalties shall be in addition to any other civil or criminal penalty to which the violator or organization may be subject. [PL 1983, c. 159 (NEW).]

4. Administrative responsibility. The trustees shall assign responsibility for administering the rules to an administrative officer of the institution and establish procedures for appealing the action or lack of action of the officer. [PL 1983, c. 159 (NEW).]

5. Dissemination. The trustees shall clearly set forth the rules and penalties and shall give a copy of them to all students enrolled in the institution. [PL 1983, c. 159 (NEW).]

6. Bylaws of organizations. The rules shall be part of the bylaws of all organizations affiliated with the institution. [PL 1983, c. 159 (NEW).]
20-A M.R.S. § 3669 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3669
20-A §3669. Amendments
Status: in_force

Neither state shall amend its legislation or any agreement authorized thereby without the consent of the other in such manner as to substantially adversely affect the rights of the other state or its people hereunder, or as to substantially impair the rights of the holders of any bonds or notes or other evidences of indebtedness then outstanding or the rights of an interstate school district to procure the means for payment thereof. Subject to the foregoing, any reference herein to other statutes of either state shall refer to such statute as it may be amended or revised from time to time. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 6305 — ME Code / Title 20-A / Part 3 / Chapter 223 / Section 6305
20-A §6305. Epinephrine autoinjectors; guidelines; emergency administration
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Collaborative practice agreement" means a written and signed agreement between a physician licensed in this State or a school health advisor under section 6402‑A and a school nurse under section 6403‑A that provides for the prescription of epinephrine autoinjectors by the physician or school health advisor and administration of epinephrine autoinjectors by a school nurse or designated school personnel to students during school or a school-sponsored activity under emergency circumstances involving anaphylaxis. [PL 2013, c. 526, §1 (NEW).] B. "Designated school personnel" means those employees, agents or volunteers of a school administrative unit or an approved private school designated by a collaborative practice agreement between a physician licensed in this State or a school health advisor under section 6402‑A and a school nurse under section 6403‑A who have completed the training required by rule to provide or administer an epinephrine autoinjector to a student. [PL 2013, c. 526, §1 (NEW).] C. "Epinephrine autoinjector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into a human body or another single-use epinephrine delivery system approved by the federal Food and Drug Administration for public use. [PL 2019, c. 560, §2 (AMD).] D. "School" means a public or approved private school. [PL 2013, c. 526, §1 (NEW).] [PL 2019, c. 560, §2 (AMD).]

2. Collaborative practice agreement; adoption authorized. A school administrative unit or an approved private school may authorize adoption of a collaborative practice agreement for the purposes of stocking and administering epinephrine autoinjectors as provided under this section. The administration of an epinephrine autoinjector in accordance with this section is not the practice of medicine. [PL 2013, c. 526, §1 (NEW).]

3. Collaborative practice agreement; authority. A collaborative practice agreement permits a physician licensed in this State or school health advisor under section 6402‑A to prescribe an epinephrine autoinjector and direct a school nurse under section 6403‑A to administer an epinephrine autoinjector in good faith to any student experiencing anaphylaxis during school or a school-sponsored activity. Pursuant to a collaborative practice agreement, a physician licensed in this State or school health advisor under section 6402‑A may authorize the school nurse under section 6403‑A during school or a school-sponsored activity to designate other school personnel with training required by rule to administer an epinephrine autoinjector if the school nurse is not present when a student experiences anaphylaxis. [PL 2013, c. 526, §1 (NEW).]

4. Collaborative practice agreement; terms and provisions. A collaborative practice agreement must include the following information: A. Name and physical address of the school; [PL 2013, c. 526, §1 (NEW).] B. Identification and signatures of the physician or school health advisor under section 6402‑A and school nurse under section 6403‑A who are parties to the collaborative practice agreement, the dates the agreement is signed by each party and the beginning and end dates of the period of time within which the agreement is in effect; and [PL 2013, c. 526, §1 (NEW).] C. Any other information considered appropriate by the physician or school health advisor under section 6402‑A and school nurse under section 6403‑A . [PL 2013, c. 526, §1 (NEW).] [PL 2013, c. 526, §1 (NEW).]

5. Use of epinephrine autoinjectors without a collaborative practice agreement. The governing body of a school administrative unit or an approved private school may authorize a school nurse under section 6403‑A and designated school personnel to administer an epinephrine autoinjector to a student in accordance with a prescription specific to the student on file with the school nurse and in accordance with section 254, subsection 5 . The administration of an epinephrine autoinjector in accordance with this subsection is not the practice of medicine. [PL 2013, c. 526, §1 (NEW).]

6. Manufacturer or supplier arrangement. A school administrative unit or an approved private school may enter into an arrangement with a manufacturer of epinephrine autoinjectors or a 3rd-party supplier of epinephrine autoinjectors to obtain epinephrine autoinjectors at fair market prices or reduced prices or for free. [PL 2013, c. 526, §1 (NEW).]

7. Purchase from licensed pharmacies. A collaborative practice agreement under this section may provide that a school administrative unit or an approved private school may purchase epinephrine autoinjectors from a pharmacy licensed in this State. [PL 2013, c. 526, §1 (NEW).]

8. Guidelines. By December 1, 2015 and as needed after that date, the department in consultation with the Department of Health and Human Services shall develop and make available to all schools guidelines for the management of students with life-threatening allergies. The guidelines must include, but are not limited to: A. Guidelines regarding education and training for school personnel on the management of students with life-threatening allergies, including training related to the administration of an epinephrine autoinjector; [PL 2013, c. 526, §1 (NEW).] B. Procedures for responding to life-threatening allergic reactions; [PL 2013, c. 526, §1 (NEW).] C. A process for the development of individualized health care and allergy action plans for students with known life-threatening allergies; and [PL 2013, c. 526, §1 (NEW).] D. Protocols to prevent exposure to allergens. [PL 2013, c. 526, §1 (NEW).] [PL 2013, c. 526, §1 (NEW).]

9. Plan. By September 1, 2016 and as needed after that date, the governing body of a school administrative unit or an approved private school shall: A. Implement a protocol based on the guidelines developed pursuant to subsection 8 for the management of students with life-threatening allergies enrolled in the schools under its jurisdiction; and [PL 2013, c. 526, §1 (NEW).] B. Make the protocol under paragraph A available on the governing body's publicly accessible website or the publicly accessible website of each school under the governing body's jurisdiction or, if those websites do not exist, make the protocol publicly available through other means as determined by the governing body. [PL 2013, c. 526, §1 (NEW).] The governing body of the school administrative unit or the approved private school shall annually attest to the department that the schools under its jurisdiction are implementing the protocol in accordance with the provisions of this subsection. [PL 2013, c. 526, §1 (NEW).]
20-A M.R.S. § 10803 — ME Code / Title 20-A / Part 5 / Chapter 410 / Section 10803
20-A §10803. Unlawful to use degree or certificate when course work not completed; penalty
Status: in_force

1. Unlawful use of degree. A person may not knowingly use a degree, certificate, diploma, transcript or other document purporting to indicate that the person has completed an organized program of study or completed courses when the person has not completed the organized program of study or the courses as indicated on the degree, certificate, diploma, transcript or document: A. To obtain employment; [PL 2005, c. 429, §1 (NEW).] B. To obtain a promotion or higher compensation in employment; [PL 2005, c. 429, §1 (NEW).] C. To obtain admission to an institution of higher learning; or [PL 2005, c. 429, §1 (NEW).] D. In connection with any business, trade, profession or occupation. [PL 2005, c. 429, §1 (NEW).] [PL 2005, c. 429, §1 (NEW).]

2. Penalty. A person who violates this section commits a Class D crime. [PL 2005, c. 429, §1 (NEW).]
20-A M.R.S. § 7412 — ME Code / Title 20-A / Part 4 / Chapter 304 / Section 7412
20-A §7412. Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf Student Trust Fund established
Status: in_force

1. Fund established. Notwithstanding the provisions of Title 5, section 135‑A , the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf Student Trust Fund, referred to in this section as the "fund," is established. [PL 2005, c. 279, §11 (AMD).]

2. Investment of funds. The money in the fund may be invested by the Treasurer of State with the assistance of one or more fiduciaries or registered investment advisors. The duties and expenses of the fiduciaries or registered investment advisors must be handled in a manner consistent with Title 5, section 17108, subsections 2 and 3 . All earnings must be credited to the fund. [RR 1999, c. 2, §21 (COR).]

3. Nonlapsing fund; transfer to General Fund. Until July 1, 2007, any unexpended funds remaining in the fund may not lapse but must be carried forward for the benefit of the fund. On July 1, 2007, any unexpended funds remaining in the fund must be transferred to the General Fund. [PL 2001, c. 439, Pt. T, §6 (AMD).]

4. Expenditures from the fund. [PL 2001, c. 439, Pt. T, §7 (RP).]
20-A M.R.S. § 15689-E — ME Code / Title 20-A / Part 7 / Chapter 606-B / Section 15689-E
20-A §15689-E. Actions by Legislature
Status: in_force

The Legislature shall annually, prior to March 15th, enact legislation to: [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).]

1. Appropriation for state share of adjustments, debt service and operating; single account. Appropriate the necessary funds for the State's share for general purpose aid for local schools with a separate amount for each of the following components: A. Adjustments and miscellaneous costs described in sections 15689 and 15689‑A , including an appropriation for special education pupils placed directly by the State, for: (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 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 2013, c. 368, Pt. C, §19 (AMD).] B. The state share of the total operating allocation and the total debt service allocation described in sections 15683 , 15683‑A and 15683‑B ; [PL 2015, c. 54, §10 (AMD).] C. The state share of the total costs of enhancing student performance and opportunity described in section 15688‑A ; and [PL 2013, c. 368, Pt. C, §19 (NEW).] D. The state share of the total normal cost of teacher retirement pursuant to Title 5, section 17154, subsection 6 ; and [PL 2013, c. 368, Pt. C, §19 (NEW).] [PL 2015, c. 54, §10 (AMD).]

2. Local cost share expectation. Establish the local cost share expectation described in section 15671‑A . [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).]

Funds for appropriations under this section must be placed in a single account. [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).]
20-A M.R.S. § 5806 — ME Code / Title 20-A / Part 3 / Chapter 219 / Section 5806
20-A §5806. Secondary school students; private schools
Status: in_force

Tuition charges for secondary school students in private schools shall be governed by the following. [PL 1981, c. 693, §§ 5, 8 (NEW).]

1. Private schools. Tuition rates for a private school shall be computed as provided under section 5805, subsection 1 , except that expenditures and number of students shall be based on the expenditures and students of that school. [PL 1981, c. 693, §§ 5, 8 (NEW).]

2. Maximum allowable tuition. The maximum allowable tuition charged to a school administrative unit by a private school is the rate established under subsection 1 or the state average per public secondary student cost as adjusted, whichever is lower, plus an insured value factor. The insured value factor is computed by dividing 5% of the insured value of school buildings and equipment by the average number of pupils enrolled in the school on October 1st and April 1st of the year immediately before the school year for which the tuition charge is computed. From school year 2009-2010 to school year 2013-2014, a school administrative unit is not required to pay an insured value factor greater than 5% of the school's tuition rate or $500 per student, whichever is less, unless the legislative body of the school administrative unit votes to authorize its school board to pay a higher insured value factor that is no greater than 10% of the school’s tuition rate per student. For the 2014-2015 school year, a school administrative unit is not required to pay an insured value factor greater than 6% of the school's tuition rate per student, unless the legislative body of the school administrative unit votes to authorize its school board to pay a higher insured value factor that is no greater than 10% of the school's tuition rate per student. Beginning in the 2015-2016 school year, a school administrative unit is not required to pay an insured value factor greater than the amount of the prior school year's insured value factor adjusted by a percentage equal to the percentage change in the state share percentage of the total cost of funding public education in the prior school year as determined by section 15671, subsection 7, paragraph C as compared to the applicable percentage for the current school year. In no case may the insured value factor be less than 6% or greater than 10% of the school's tuition rate per student, unless the legislative body of the school administrative unit votes to authorize its school board to pay an insured value factor that exceeds the amount otherwise permitted by this subsection by no more than 5% of the school's tuition rate per student. For the 2013-2014 school year only, the maximum allowable tuition charged to a school administrative unit by a private school that participates in the Maine Public Employees Retirement System must be increased above the amount otherwise permitted under this section by an amount equal to the calculated normal cost of teacher retirement for that school divided by the number of enrolled students as of October 1, 2012. [PL 2013, c. 497, §1 (RPR).]

3. Tuition charge above allowable maximum. A private school may charge tuition above the allowable maximum established in subsection 2 , to a maximum excess charge of 15% above the otherwise allowable maximum, in those cases when the private school has a tuition contract with a public school unit or in those cases when the student has an alternative choice for attending secondary school at the allowable maximum tuition rate. The amount above the allowable maximum may be paid in whole or in part by the school administrative unit if the legislative body of the administrative unit votes to authorize its school board to pay a higher tuition rate. [PL 1987, c. 816, Pt. KK, §16 (AMD).]
20-A M.R.S. § 10010 — ME Code / Title 20-A / Part 5 / Chapter 401 / Section 10010
20-A §10010. Current members and veterans of the United States Armed Forces
Status: in_force

If a current member of the United States Armed Forces or a veteran of the United States Armed Forces who has been honorably discharged is enrolled in a program of education at any campus of the University of Maine System, the Maine Community College System or the Maine Maritime Academy, that member or veteran is eligible for in-state tuition rates, regardless of the member's or veteran's state of residence. [PL 2013, c. 488, §1 (RPR).]
20-A M.R.S. § 3634 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3634
20-A §3634. Vacancies
Status: in_force

Any vacancy among the elected officers of the district shall be filled by the interstate board until the next annual meeting of the district or other election, when a successor shall be elected to serve out the remainder of the unexpired term, if any. Until all vacancies on the interstate board are filled, the remaining members shall have full power to act. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 1475 — ME Code / Title 20-A / Part 2 / Chapter 103-A / Section 1475
20-A §1475. Reapportionment
Status: in_force

The commissioner shall determine the necessity for reapportionment. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

1. Duties of commissioner. The commissioner shall determine if a regional school unit is apportioned in accordance with the one-person, one-vote principle if: A. The commissioner receives a request by the regional school unit board; or [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] B. The commissioner receives a petition signed by a number of regional school unit voters equal to at least 10% of the voters who voted in the last gubernatorial election in the regional school unit. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] In addition to a determination initiated by a request pursuant to paragraph A or a petition pursuant to paragraph B , the commissioner may, of the commissioner's own accord, determine that a regional school unit is not apportioned according to the one-person, one-vote principle. The commissioner shall make a determination under paragraph A or B within 30 days of receiving the request or the petition. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

2. Awaiting census results. If the commissioner receives a request within 12 months before a Federal Decennial Census or Federal Estimated Census, the commissioner may wait until after the new census figures are available to make a determination under subsection 1 . [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

3. Findings and order. If the commissioner finds the regional school unit representation is not apportioned in accordance with the principle of one person, one vote, the commissioner, within 7 days of that decision, shall notify the superintendent of the regional school unit of the finding and order the superintendent to notify the municipal officers in each municipality in the regional school unit and the regional school unit board to create a reapportionment committee. The superintendent's notification must include the commissioner's notification, the information provided pursuant to subsection 6 and the time and place for the first meeting of the committee, which must be held not later than 20 days after the notification. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

4. Reapportionment committee membership. The reapportionment committee consists of one municipal officer and one citizen from each member municipality, chosen by the respective municipal officers, and one director from each municipality, chosen by the board of directors. The appointments must be made prior to the first meeting of the committee. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

5. Quorum. A majority of the reapportionment committee constitutes a quorum. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

6. Duties of commissioner. The commissioner shall provide the superintendent of the regional school unit with the most recent Federal Decennial Census or Federal Estimated Census figures for each municipality in the regional school unit and at least one recommended apportionment plan. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

7. Duties of the reapportionment committee. The reapportionment committee shall: A. Elect a chair and secretary and may adopt suitable rules of procedure; [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] B. Consider and by majority vote adopt a reapportionment plan including the method of representation, total number of directors and number of directors representing each municipality or subdistrict; and [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] C. Within 90 days of the first meeting, send a report of its reapportionment plan to the state board for approval. It may, within the 90-day limit, submit alternative plans for apportionment. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

8. Commissioner approval. The commissioner shall approve or disapprove the reapportionment committee plan under subsection 7 within 30 days of receiving it. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

9. Failure to gain commissioner approval. If a reapportionment plan has not been adopted by the reapportionment committee or approved by the commissioner within the time limits of subsection 7 , the commissioner shall prepare a suitable plan. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

10. Putting the approved plan into effect. On approval of a reapportionment plan, the commissioner shall send a certified copy to the municipal officers and regional school unit board. The original reapportionment plan must be retained in the department files. A. The reapportionment plan takes effect immediately upon approval. The reapportionment committee shall determine the terms of the directors to be elected at the next annual municipal elections so as to comply with this chapter. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] B. If the approved reapportionment plan requires a reduction of the number of directors to be elected in a municipality, the reduction must be achieved in accordance with this paragraph. (1) If possible, the reduction must be achieved by the voluntary resignation of one or more of the directors. (2) If the reduction cannot be achieved in accordance with subparagraph (1) and the plan is approved and filed less than 30 days prior to the annual municipal election, the number of open positions to be filled by the election process must be reduced to the number required by the approved plan. (3) If the reduction cannot be achieved in accordance with subparagraph (1) or (2), or a combination of the 2, all of the remaining existing directors representing the municipality shall choose by lot which directors' terms must terminate. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] C. If the approved reapportionment plan requires that additional directors be elected in a municipality, the municipal officers shall fill the vacancies by appointment. A new director serves until a successor is elected and qualified at the next annual municipal election. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] D. The reapportionment committee is dissolved after the approved reapportionment plan is implemented. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

11. Duties of present directors during reapportionment. The regional school unit board, during the reapportionment of its membership, serves as the legal representative of the regional school unit until the reapportionment is completed. The board shall carry out all business of the regional school unit, including the borrowing of funds that may be required during the period of reapportionment. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

12. State board review of commissioner's decisions. A regional school unit board or interested parties may request that the state board reconsider decisions made by the commissioner under this section. The state board has the authority to overturn a decision made by the commissioner. In exercising this power, the state board is limited by this section. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
20-A M.R.S. § 11413 — ME Code / Title 20-A / Part 5 / Chapter 417-A / Section 11413
20-A §11413. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 807, §3 (NEW).]

1. Authority. "Authority" means the Finance Authority of Maine, including in its capacity as successor to the Maine Educational Loan Authority and the Finance Authority of Maine's successors or assigns. [PL 2015, c. 170, §9 (AMD); PL 2015, c. 170, §30 (AFF).]

2. Authority loans. "Authority loans" means loans made under this chapter by the authority to institutions of higher education, students or other persons for the purpose of funding, financing or acquiring education loans. [PL 2015, c. 170, §9 (AMD); PL 2015, c. 170, §30 (AFF).]

3. Bonds. "Bonds" includes bonds, notes, refunding bonds, commercial paper, pass-through instruments or any other evidences of obligations of the authority issued under this chapter. [PL 1987, c. 807, §3 (NEW).]

4. Borrower. "Borrower" means a student who has received an education loan or any parent who has received or agreed to repay an education loan under this chapter. [PL 2015, c. 170, §9 (AMD); PL 2015, c. 170, §30 (AFF).]

5. Code. "Code" means the United States Internal Revenue Code of 1986, as amended, and the regulations to that Code. [PL 1987, c. 807, §3 (NEW).]

6. Cost of attendance. "Cost of attendance" means the tuition and fees applicable to a student, together with an estimate of other expenses reasonably related to cost of attendance at an institution, including, without limitation, the cost of room and board, transportation, books and supplies. [PL 1989, c. 502, Pt. A, §59 (AMD).]

7. Default insurance. "Default insurance" means insurance that insures authority loans or bonds made or issued under this chapter against default. [PL 2015, c. 170, §10 (AMD); PL 2015, c. 170, §30 (AFF).]

8. Default Reserve Fund. "Default Reserve Fund" means a fund established by the authority for the purpose of securing authority loans or bonds made or issued under this chapter. [PL 2015, c. 170, §10 (AMD); PL 2015, c. 170, §30 (AFF).]

9. Education loan. "Education loan" means a loan made under this chapter that is made by the authority or by, or on behalf of, an institution to a student or to parents of a student, or both, in amounts not in excess of the maximum amounts specified by the authority to finance a part or all of the student's cost of attendance at an institution. An education loan constitutes an authority loan. [PL 2015, c. 170, §11 (AMD); PL 2015, c. 170, §30 (AFF).]

10. Education loan series portfolio. "Education loan series portfolio" means all education loans made by a specific institution that are funded from or acquired by the proceeds of an authority loan to the institution of higher education out of the proceeds of a related specific bond issue through the authority under this chapter. [PL 2015, c. 170, §12 (AMD); PL 2015, c. 170, §30 (AFF).]

11. Institution. "Institution" or "institution of higher education" means any public or private nonprofit educational institution within the State, any public or private nonprofit educational institution outside of the State which is attended by residents of the State, any proprietary educational institution within the State for which loan guarantee services are readily and conveniently available to the authority or any proprietary educational institution outside of the State which is attended by residents of the State and for which loan guarantee services are readily and conveniently available to the authority, which: A. Provides a program of education beyond the high school level; [PL 1987, c. 807, §3 (NEW).] B. Awards an associate, bachelor or advanced degree; and [PL 1987, c. 807, §3 (NEW).] C. Meets the conditions of applicable rules. [PL 1987, c. 807, §3 (NEW).] [PL 1989, c. 222 (AMD).]

12. Loan funding deposit. "Loan funding deposit" means money or other property deposited by an institution with the authority or a trustee or custodian, in amounts the authority determines necessary as a condition for an institution's participation in the authority's programs under this chapter, to: A. Provide security for bonds; [PL 1987, c. 807, §3 (NEW).] B. Fund a default reserve fund; [PL 1987, c. 807, §3 (NEW).] C. Acquire default insurance; or [PL 1987, c. 807, §3 (NEW).] D. Defray costs of the authority. [PL 1987, c. 807, §3 (NEW).] [PL 2015, c. 170, §12 (AMD); PL 2015, c. 170, §30 (AFF).]

13. Parent. "Parent" means any parent or guardian of a student at an institution of higher education. [PL 1987, c. 807, §3 (NEW).]

14. Rule. "Rule" means a rule adopted by the authority pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II . [PL 1987, c. 807, §3 (NEW).]

15. Secondary market. "Secondary market" means the entity created pursuant to section 11407 prior to the enactment of this chapter. [PL 1987, c. 807, §3 (NEW).]

16. Supplemental loan. "Supplemental loan" means a loan to a student or to a parent to finance the costs of higher education other than a loan guaranteed pursuant to the federal Higher Education Act of 1965, 20 United States Code, Chapter 28. [PL 1999, c. 728, §12 (NEW).]
20-A M.R.S. § 11424 — ME Code / Title 20-A / Part 5 / Chapter 417-A / Section 11424
20-A §11424. Capital reserve funds; obligation of the State
Status: in_force

1. Capital reserve fund. In connection with bonds issued under this chapter, the authority may create and establish one or more capital reserve funds and may pay into any such capital reserve fund any money appropriated and made available by the State for the purposes of any such fund, any proceeds of the sale by the authority of bonds to the extent determined by the authority and any other money available to the authority. [PL 2015, c. 170, §22 (AMD); PL 2015, c. 170, §30 (AFF).]

2. Application. Money held in any capital reserve fund created in connection with bonds issued under this chapter, except as provided in this section, must be used solely with respect to bonds, repayment of which is secured by any such fund and solely for the payment of principal of bonds, the purchase or redemption of those bonds, including any fees or premiums and the payment of interest on those bonds. In addition, if the authority obtains a letter of credit, insurance contract, surety bond or similar financial undertaking to establish and fund a capital reserve fund under this section, money in that capital reserve fund may be used to pay, as and when due, all reimbursement obligations of the authority established in connection with that letter of credit, insurance contract, surety bond or similar financial undertaking, including, but not limited to, all fees, expenses, indemnities and commissions. Money in excess of the reserve requirement set forth in subsection 3 may be transferred to other funds and accounts of the authority. [PL 2015, c. 170, §23 (AMD); PL 2015, c. 170, §30 (AFF).]

3. Reserve requirement. The authority may provide that money in any such fund shall not be withdrawn at any time in such amount as would reduce the amount of any such fund to less than the maximum amount of principal and interest becoming due by reason of maturity or a required sinking fund payment in the next succeeding 12-month period within which any such maturity occurs or any such payment is required, the amount being referred to as the "capital reserve requirement," except for the purpose of paying the amount due at any such maturity or the sinking fund payment with respect to bonds, repayment of which is secured by any such fund. [PL 1987, c. 807, §3 (NEW).]

4. Issuance limit. The authority may provide that it will not issue bonds under this chapter if the capital reserve requirement with respect to bonds outstanding and then to be issued and secured by any such fund will exceed the amount of any such fund at the time of issuance, unless the authority, at the time of issuance of the bonds, deposits in any such fund from proceeds of the bonds to be issued, or from other sources, an amount that, together with the amount then in any such fund, will not be less than the capital reserve requirement. [PL 2015, c. 170, §24 (AMD); PL 2015, c. 170, §30 (AFF).]

5. Appropriation. On or before December 1st, annually, the authority shall certify to the Governor the amount, if any, necessary to restore the amount in any capital reserve fund, to which this subsection is stated in the trust agreement or other document to apply, to the capital reserve requirement. The Governor shall pay directly from the Contingent Account to any such fund as much of the amount as is available in the Contingent Account and shall transmit directly to the Legislature that certification and a statement of the amount, if any, remaining to be paid and the amount certified shall be appropriated and paid to the authority during the current state fiscal year. [PL 1987, c. 807, §3 (NEW).]

6. Bonds outstanding. The authority may not have at any one time outstanding bonds to which subsection 5 is stated in the trust agreement or other document to apply in principal amount exceeding $225,000,000. The amount of bonds issued to refund bonds previously issued may not be taken into account in determining the principal amount of the bonds outstanding, as long as the proceeds of the refunding bonds are applied as promptly as possible to the refunding of the previously issued bonds. In computing the total amount of bonds of the authority that may at any time be outstanding for any purpose, the amount of the outstanding bonds that have been issued as capital appreciation bonds or as similar instruments must be valued as of any date of calculation at their current accreted value rather than their face value. [PL 2011, c. 401, §2 (AMD).]
20-A M.R.S. § 4252 — ME Code / Title 20-A / Part 3 / Chapter 203 / Section 4252
20-A §4252. Program
Status: in_force

The initiatives local units may elect to develop may include, but not be limited to, one or more of the following: [PL 1983, c. 576, §1 (NEW).]

1. Class size. Reduce the class size in all classrooms; [PL 2015, c. 267, Pt. C, §2 (AMD).]

2. Teacher training. Provide training programs for teachers in screening, educational diagnosis, program prescription or program development; [PL 1983, c. 576, §1 (NEW).]

3. Screening. Establish or expand preschool or early childhood screening programs, including psychometrically valid English language proficiency screening for potential English learners as defined in section 15672, subsection 7‑B as determined by a language use survey developed by the department, and the development of individualized educational prescription based on the findings of the screening; [PL 2019, c. 398, §20 (AMD).]

4. Programs for children 4 years of age and 5 years of age. Encourage the development of public preschool programs or 2-year kindergartens in conformity with section 5201, subsection 2, paragraph C and other appropriate programs to address the needs of children 4 years of age and 5 years of age; [PL 2007, c. 141, §3 (AMD).]

5. Multigrade classrooms. Establish classroom units of more than one grade level; [PL 1989, c. 548, §4 (AMD).]

6. Learning environment. Develop a learning environment which would encourage each student to learn and progress at that student's own functional level; [PL 1989, c. 548, §4 (AMD).]

7. Transition. Facilitate the transition of children from preschool programs to public school programs; [PL 2015, c. 183, §1 (AMD).]

8. Family outreach. Provide family outreach and support programs designed to improve parent-school relations and parenting skills; and [PL 2015, c. 183, §1 (AMD).]

9. Early childhood statewide assessments. The use of early childhood statewide assessment tools pursuant to chapter 222 to inform instruction and to communicate effectively with parents. An early childhood statewide assessment must avoid inappropriate use of assessment information; specifically, the assessment may not result in labeling children, restricting kindergarten entry or predicting children's future academic and life success. [PL 2015, c. 183, §2 (NEW).]
20-A M.R.S. § 5808 — ME Code / Title 20-A / Part 3 / Chapter 219 / Section 5808
20-A §5808. Schools outside state
Status: in_force

The tuition payment for students educated in whole in another state or country may not exceed the average per pupil cost in all secondary schools of this State. The legislative body of the school administrative unit may vote to authorize its school board to pay a larger tuition rate. [PL 2019, c. 114, §1 (AMD).]

For an out-of-state secondary school that serves a student who resides in a school administrative unit that does not maintain a secondary school, the tuition payment may not be withheld solely because persons regularly employed in that school do not meet the requirements of section 6103 , as long as those persons are required to meet background check standards in that state determined by the commissioner to be equivalent to the requirements of section 6103 . The commissioner shall adopt rules to implement this paragraph. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 114, §1 (NEW).]

Notwithstanding any other provision of law to the contrary, an out-of-state secondary school that was included on the list of approved out-of-state secondary schools maintained by the department for the 2017-2018 school year must continue to receive tuition payments under this section for any student who was enrolled at that school for the 2018-2019 school year. Tuition payments must continue for such a student until that student graduates or terminates enrollment. [PL 2019, c. 114, §1 (NEW).]
20-A M.R.S. § 11423 — ME Code / Title 20-A / Part 5 / Chapter 417-A / Section 11423
20-A §11423. Trust agreement; pledge
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 participating institution 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 1987, c. 807, §3 (NEW).]

2. Pledge. Any trust agreement entered into pursuant to a bond issue under this chapter may pledge or assign any revenues to be received by the authority or proceeds or benefits of any contract and may serve to convey or mortgage or otherwise secure any property or property rights, contain provisions for protecting and enforcing the rights and remedies of bondholders, restrict the individual right of action by bondholders and contain such other provisions as the authority deems appropriate, including the right to the appointment of a receiver and the right to the issuance of an order of specific performance by a court of competent jurisdiction. [PL 2015, c. 170, §21 (AMD); PL 2015, c. 170, §30 (AFF).]

3. Education loan program. Any expense incurred in carrying out the trust agreement entered into pursuant to a bond issue under this chapter may be treated as a part of the cost of the operation of an education loan program. [PL 2015, c. 170, §21 (AMD); PL 2015, c. 170, §30 (AFF).]

4. Valid and binding. A pledge by the authority of revenues as security for an issue of bonds issued under this chapter is valid and binding from the time when the pledge is made. The revenues pledged are immediately subject to the lien of the pledge without any physical delivery, recording of any instrument or further act and the lien of any pledge is valid and binding against any person having any claim of any kind in tort, contract or otherwise against the authority or any participating institution or borrower, irrespective of whether the person has notice. No bond resolution, trust agreement or financing statement, continuation statement or other instrument adopted or entered into by the authority under this chapter need be filed or recorded in any public record other than the records of the authority in order to perfect the lien against 3rd persons, regardless of any contrary provision of law. [PL 2015, c. 170, §21 (AMD); PL 2015, c. 170, §30 (AFF).]

5. Trust funds. All money received by or on behalf of the authority under this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. Any officer with whom, or any bank or trust company with which, that money is deposited shall act as trustee of the money and shall hold and apply it for the purposes provided in the chapter and any applicable bond resolution or trust agreement. [PL 1987, c. 807, §3 (NEW).]
20-A M.R.S. § 6304 — ME Code / Title 20-A / Part 3 / Chapter 223 / Section 6304
20-A §6304. Automated external defibrillators and cardiopulmonary resuscitation
Status: in_force

School boards may place automated external defibrillators in occupied school buildings and at school athletic events. School personnel and members of the public may receive training on how to perform cardiopulmonary resuscitation and use automated external defibrillators in order to acquire the skills and confidence to respond to emergencies. In accordance with rules adopted by the department, public schools shall offer training to students on how to perform cardiopulmonary resuscitation and use automated external defibrillators. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 140, §1 (AMD).]
20-A M.R.S. § 3660 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3660
20-A §3660. Suit and service of process in Maine
Status: in_force

The courts of Maine shall have the same jurisdiction over the districts as though a Maine member district were a party instead of the interstate district. The service necessary to institute suit in Maine shall be made on the district by leaving a copy of the writ or other proceedings in hand or at the last and usual place of abode of one of the directors who resides in Maine, and by mailing a like copy to the clerk and to one other director by certified mail with return receipt requested. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 1493 — ME Code / Title 20-A / Part 2 / Chapter 103-A / Section 1493
20-A §1493. Void contracts
Status: in_force

A contract made by the regional school unit board during the term of a member who is pecuniarily interested in that contract, either directly or indirectly, is void, unless the regional school unit board has advertised for sealed bids for that contract and that advertisement for sealed bids has been published at least 5 days prior to the date set for closing of bids in a newspaper having general circulation within the regional school unit. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
20-A M.R.S. § 11499-D — ME Code / Title 20-A / Part 5 / Chapter 417-F / Section 11499-D
20-A §11499-D. Chapter liberally construed
Status: in_force

This chapter being necessary for the welfare of the State and its inhabitants must be liberally construed so as to effect its purposes. [PL 2003, c. 455, §2 (NEW).]
20-A M.R.S. § 254 — ME Code / Title 20-A / Part 1 / Chapter 3 / Section 254
20-A §254. Educational duties
Status: in_force

The commissioner shall have the following educational duties. [PL 1983, c. 693, §§5, 8 (NEW).]

1. General duty. The commissioner may inspect and have general supervision over all public schools and shall advise and direct superintendents and school boards in the discharge of their duties, by circular letters and personal conferences. [PL 1983, c. 693, §§5, 8 (NEW).]

2. Training and development. The commissioner shall promote the importance of ongoing training and development and encourage initiatives that prepare school personnel to fully implement the system of learning results as established in section 6209 . [PL 2001, c. 454, §4 (AMD).]

3. Contracts for career and technical educational programs. The commissioner may: A. Contract with a private school for the conduct of career and technical education courses in accordance with section 3002 ; and [PL 2011, c. 679, §1 (AMD).] B. Reimburse the private schools for part of the cost of conducting approved career and technical education courses from funds available from the Federal Government for the purpose of career and technical education. [PL 2011, c. 679, §1 (AMD).] [PL 2011, c. 679, §1 (AMD).]

4. Superintendent conference. Annually the commissioner shall hold a conference for the instruction of superintendents. [PL 1983, c. 693, §§5, 8 (NEW).]

5. Medication. The commissioner shall provide for the administration of medication within schools as follows. A. The commissioner shall adopt rules for the administration of medication in public or approved private schools, including the training of unlicensed personnel to administer medication. The rules for training must describe how the department will provide training at the local level directly to unlicensed personnel in each school administrative unit or approved private school in the State. Rules adopted pursuant to this section are major substantive rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 451, §1 (AMD).] B. Any public or approved private school shall have a written local policy and procedure for administering medication. The written local policy must include the requirement that all unlicensed personnel who administer medication receive training before receiving authorization to do so. Compliance with the provisions of this subsection is a requirement for basic school approval pursuant to sections 2902 and 4502 . [PL 1999, c. 669, §1 (NEW).] C. A public school or a private school approved pursuant to section 2902 must have a written local policy authorizing students to possess and self-administer emergency medication from an asthma inhaler or an epinephrine autoinjector as defined in section 6305, subsection 1, paragraph C . The written local policy must include the following requirements. (1) A student who self-administers an asthma inhaler or an epinephrine autoinjector must have the prior written approval of the student's primary health care provider and, if the student is a minor, the prior written approval of the student's parent or guardian. (2) The student's parent or guardian must submit written verification to the school from the student's primary health care provider confirming that the student has the knowledge and the skills to safely possess and use an asthma inhaler or an epinephrine autoinjector in school. (3) The school nurse shall evaluate the student's technique to ensure proper and effective use of an asthma inhaler or an epinephrine autoinjector in school. [PL 2019, c. 560, §1 (AMD).] D. Rules adopted by the commissioner under this subsection must authorize students who attend public school to possess and use a topical sunscreen product while on school property or at a school-sponsored event without a note or prescription from a licensed health care professional if the product is regulated by the federal Food and Drug Administration for over-the-counter use for the purpose of limiting skin damage from ultraviolet radiation. [PL 2019, c. 32, §1 (NEW).] [PL 2019, c. 560, §1 (AMD).]

6. Other duties. The commissioner shall carry out all other duties assigned in this Title. [PL 1983, c. 693, §§5, 8 (NEW).]

7. Clearinghouse for information on nuclear usage. [PL 2013, c. 506, §2 (RP).]

8. Model hiring procedure. [PL 2013, c. 506, §3 (RP).]

9. Statewide goal. [PL 2013, c. 506, §3 (RP).]

10. Gender equity. [PL 2013, c. 506, §4 (RP).]

11. Statewide standards for behavior. In consultation with organizations representing school boards, school administrators, teachers, parents and other interested local officials and community members, the commissioner shall develop statewide standards for responsible and ethical student behavior. The standards must require annual reporting of incidents of violent and harmful behavior by or against students to the department by school administrative units. The department shall provide forms for reporting. [PL 1999, c. 351, §1 (NEW).]

11-A. Model policy; reporting. By January 1, 2013, the commissioner shall develop a model policy to address bullying and cyberbullying for use by school administrative units pursuant to section 6554 . A copy of the model policy must be sent to each school administrative unit in the State and posted on the publicly accessible portion of the department's website along with any training and instructional materials related to the policy that the commissioner determines necessary. A. The commissioner shall create a procedure by which school administrative units report substantiated incidents of bullying and cyberbullying to the department on at least an annual basis. These reports may not contain personally identifying information about students or other involved persons, but must delineate the specific nature of the incidents, the consequences and the actions taken. [PL 2011, c. 659, §1 (NEW).] B. The commissioner may update or revise the model policy and shall post the update or revision on the publicly accessible portion of the department's website and send a copy of the update or revision to each school administrative unit. [PL 2011, c. 659, §1 (NEW).] [PL 2011, c. 659, §1 (NEW).]

12. Technical assistance and statewide standards for reintegration planning. In consultation with juvenile correctional officials, juvenile community corrections officers, organizations representing school boards, school administrators, teachers and parents and other interested local officials and community members, the commissioner shall develop a program of technical assistance and establish statewide standards for reintegration planning and transition services for juvenile offenders who are discharged from juvenile correctional facilities in the State, who have been enrolled in educational programs or schools for juveniles located in or operated by correctional facilities and who are transferring to schools located within local school administrative units in the State. The technical assistance and standards must include, but may not be limited to: A. Timely presentation of student educational records pursuant to section 6001‑B and other appropriate information, including confidential criminal justice information regarding juveniles pursuant to section 1055, subsections 11 and 12 ; [PL 2001, c. 452, §3 (NEW).] B. The level and scope of technical assistance to be provided by the department to local school officials and the level and scope of training that local school administrative units must provide to school personnel who may have access to confidential criminal justice information regarding juveniles pursuant to section 1055, subsections 11 and 12 ; and [PL 2001, c. 452, §3 (NEW).] C. Annual reporting to the department by superintendents of the number of juvenile offenders who are released or discharged from juvenile correctional facilities in the State and who enroll in schools located within their local school administrative units. The department shall provide forms for reporting. [PL 2001, c. 452, §3 (NEW).] [PL 2001, c. 452, §3 (NEW).]

13. Technical assistance; integrated model for instruction in personal finance. The commissioner shall develop a program of technical assistance that promotes the importance of financial literacy and encourages school administrative units to implement an integrated model for instruction in personal finance that may be used in secondary schools as part of the instruction in social studies or mathematics required by section 4722, subsection 2, paragraphs B and C . The commissioner, in consultation with the Finance Authority of Maine, the Office of Securities within the Department of Professional and Financial Regulation, Jobs for Maine's Graduates, organizations representing banks, credit unions and financial professionals and other interested organizations promoting personal finance initiatives, shall prepare and distribute annually, in January, a report to school boards and superintendents that includes strategies and resources available to implement an integrated model for instruction in personal finance for use in secondary schools. The annual report must also be provided to the joint standing committee of the Legislature having jurisdiction over education matters, and the department shall post the report on its publicly accessible website. The commissioner shall identify best practices to support students' financial literacy for those school administrative units that elect to offer financial literacy education pursuant to this subsection. [PL 2015, c. 64, §1 (AMD).] Revisor's Note: (Subsection 13 as enacted by PL 2011, c. 348, §2 is REALLOCATED TO TITLE 20-A, SECTION 254, SUBSECTION 14) Revisor's Note: (Subsection 13 as enacted by PL 2011, c. 354, §1 is REALLOCATED TO TITLE 20-A, SECTION 254, SUBSECTION 15)

14. (REALLOCATED FROM T. 20-A, §254, sub-§13) Transitional services for students with disabilities. To provide for an efficient and effective coordinated system of services across state agencies and local and private entities, the commissioner shall plan, coordinate and implement services for students with disabilities who are in transition from school to community in accordance with rules adopted by the department. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2011, c. 1, §23 (RAL).]

15. (REALLOCATED FROM T. 20-A, §254, sub-§13) Technical assistance; professional development and training for instruction in digital literacy; clearinghouse for information on use of online learning resources. The commissioner shall develop a program of technical assistance, including professional development and training for instruction in digital literacy and the establishment of a clearinghouse for information on the use of online learning resources that may be made available to all school administrative units, including those schools that participate in the learning through technology program under section 15689‑A, subsection 12‑A , which provides one-to-one wireless computers for 7th grade, 8th grade and high school students and educators. The technical assistance must include, but is not limited to: A. A model for instruction that promotes digital literacy for students; [RR 2011, c. 1, §24 (RAL).] B. A clearinghouse for information on the use of online learning resources, including best practices in the use of open educational resources and open-source textbooks; and [RR 2011, c. 1, §24 (RAL).] C. Professional development and training for educators in the effective use of online learning resources, including open educational resources and open-source textbooks. [RR 2011, c. 1, §24 (RAL).] The program of technical assistance provided by the department may be used by those schools and educators who choose to provide instruction in digital literacy and who choose to use online learning resources, including best practices in the use of open educational resources and open-source textbooks. The program of technical assistance provided by the department must be available to all school administrative units in the State and posted on the department's publicly accessible website. [RR 2011, c. 1, §24 (RAL).]

16. Parental involvement initiatives. The commissioner shall strongly encourage each school board to adopt local procedures for implementing a districtwide parental involvement initiative as school board policy in accordance with section 255, subsection 6 . [PL 2011, c. 571, §1 (NEW).]

17. Model policy for management of concussive and other head injuries. In consultation with organizations representing school principals, school boards, school superintendents, athletic directors, athletic trainers, sports medicine practitioners, the Acquired Brain Injury Advisory Council established in Title 34‑B, section 19001 and other interested parties, the commissioner shall develop a model policy on the management of concussive and other head injuries in school activities and athletics. The commissioner, in consultation with an organization representing school principals, shall report no later than January 31, 2022 and annually thereafter to the joint standing committee of the Legislature having jurisdiction over education and cultural affairs on any available data on the incidence of concussions sustained by student athletes in the State using existing or new data collection systems. The report must include recommendations on best practices for the collection of such data. [PL 2021, c. 12, §1 (AMD).]

18. Model policy; child sexual abuse prevention. The commissioner shall develop a model policy for child sexual abuse prevention education and response that may be used for public preschool programs operated in compliance with chapter 203, subchapter 3 and for all students enrolled in kindergarten to grade 5. A. No later than July 1, 2016, the commissioner, in consultation with the Department of Health and Human Services, organizations that have expertise in child sexual abuse prevention education and organizations representing school boards, administrators, teachers and parents, shall develop a model policy based on nationally recognized best practices that includes: (1) Child sexual abuse response and reporting procedures; (2) Child sexual abuse awareness training and prevention education for school personnel; (3) Age-appropriate child sexual abuse prevention education for students, aligned to the system of learning results established pursuant to section 6209 and delivered by qualified instructors; (4) School response and reporting procedures; and (5) Resources a victim of child sexual abuse or nonoffending caregivers of a victim of child sexual abuse may access for services and support. [PL 2015, c. 292, §1 (NEW).] B. The department shall offer technical assistance to school administrative units that operate a public preschool program or an elementary school to aid in the establishment of a local child sexual abuse prevention education and response policy that is consistent with the model policy developed under paragraph A . [PL 2015, c. 292, §1 (NEW).] C. The department shall send a copy of the model policy developed under paragraph A to each school administrative unit in the State and post the model policy on the publicly accessible portion of the department's website along with any related resources that the commissioner determines necessary. [PL 2015, c. 292, §1 (NEW).] [PL 2015, c. 292, §1 (NEW).]

19. Designation of school to enroll certain students. The commissioner may designate a school administrative unit as the receiving school administrative unit for a student who resides in a school administrative unit that neither maintains a school nor contracts for school privileges pursuant to chapter 115 and is unable to find a school administrative unit willing to enroll the student in one of its schools, upon a written request from the superintendent of the school administrative unit where the student resides setting forth the student's circumstances giving rise to the request. A. If the commissioner makes a designation under this subsection, the school administrative unit where the student resides shall pay tuition for that student to the receiving school administrative unit as calculated in accordance with this subsection and chapter 219 . [PL 2015, c. 448, §1 (NEW).] B. If a student subject to a designation under this subsection is receiving special education services, the receiving school administrative unit designated by the commissioner under this subsection is responsible for providing a free, appropriate public education to the student, subject to the provisions of this subsection. The receiving school administrative unit shall invite the school administrative unit where the student resides to participate in individualized education program team meetings for the student, but the authorized representative of the receiving school administrative unit shall make the decision on any issue on which consensus is not reached. The school administrative unit where the student resides shall, in addition to tuition payable pursuant to chapter 219 , pay to the receiving school administrative unit: (1) Special education tuition; (2) Any costs not included in the computation of special education tuition directly related to the student's special education program; and (3) Any costs associated with due process proceedings in connection with the student's special education program. [PL 2015, c. 448, §1 (NEW).] C. Once the commissioner makes a designation under this subsection, the student must be enrolled in the receiving school administrative unit. If dissatisfied with the commissioner's decision, the superintendent of the school administrative unit where the student resides or the superintendent of the receiving school administrative unit may, within 10 calendar days of the commissioner's decision, request that the state board review the designation. The state board shall review the commissioner's determinations and communicate with the commissioner, the superintendents and the parent of the student. The state board may approve or disapprove the designation. The state board shall make a decision within 45 calendar days of receiving the request and shall provide to the commissioner, the superintendents and the parent of the student a written decision describing the basis of the state board's determination. The state board's decision is final and binding. [PL 2015, c. 448, §1 (NEW).] [PL 2015, c. 448, §1 (NEW).]
20-A M.R.S. § 6003 — ME Code / Title 20-A / Part 3 / Chapter 221 / Section 6003
20-A §6003. Student attendance records
Status: in_force

1. Duty of school board. A school board shall designate one or more persons to maintain accurate records of all students attending public schools in the unit. [PL 1981, c. 693, §§ 5, 8 (NEW).]

2. Contents. The attendance records shall contain the following information on each student: A. Name; [PL 1981, c. 693, §§ 5, 8 (NEW).] B. Birth date; [PL 1981, c. 693, §§ 5, 8 (NEW).] C. Dates of entering and leaving school in the unit; [PL 1981, c. 693, §§ 5, 8 (NEW).] D. The number of days attended; and [PL 1981, c. 693, §§ 5, 8 (NEW).] E. The number of times late for school. [PL 1981, c. 693, §§ 5, 8 (NEW).] [PL 1981, c. 693, §§ 5, 8 (NEW).]

3. Access. Attendance records shall be made available to the school board at any time. [PL 1981, c. 693, §§ 5, 8 (NEW).]

4. Duty of record keeper. The record keeper shall provide the school board with the information they request whenever they request it. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 7007 — ME Code / Title 20-A / Part 4 / Chapter 301 / Section 7007
20-A §7007. Related services
Status: in_force

Related services must be provided by qualified individuals employed or contracted by the school administrative unit, intermediate educational unit, public school or other public agency that receives federal or state funds to provide early intervention or free, appropriate public education services to children with disabilities in accordance with rules adopted by the department pursuant to section 7005 . [PL 2023, c. 449, §3 (AMD).]
20-A M.R.S. § 13031 — ME Code / Title 20-A / Part 6 / Chapter 502-A / Section 13031
20-A §13031. Purpose
Status: in_force

The Legislature declares that the purpose of this chapter is to establish standardized qualifying examinations for those persons seeking professional teacher certificates to teach in the State. [PL 2021, c. 228, §10 (AMD).]
20-A M.R.S. § 12984 — ME Code / Title 20-A / Part 5 / Chapter 445 / Section 12984
20-A §12984. Higher Education Interpersonal Violence Advisory Commission
Status: in_force

1. Establishment. The Higher Education Interpersonal Violence Advisory Commission, established by Title 5, section 12004‑I, subsection 12‑C and referred to in this chapter as "the commission," is created for the purpose of developing a base interpersonal violence climate survey for dissemination to institutions of higher education and providing recommendations on the content, timing and application of the survey and reporting on the survey to the joint standing committee of the Legislature having jurisdiction over higher education matters. [PL 2021, c. 733, §2 (NEW).]

2. Membership. The commission consists of the following 22 members: A. The commissioner or the commissioner's designee; [PL 2021, c. 733, §2 (NEW).] B. The Commissioner of Health and Human Services or the commissioner's designee; [PL 2021, c. 733, §2 (NEW).] C. The following 9 members appointed by the commissioner: (1) A member representing a statewide coalition of sexual assault support centers; (2) A member representing an organization promoting racial equity and justice; (3) A member representing a tribal coalition against sexual assault and domestic violence; (4) A member representing a statewide organization for disability rights; (5) A member representing a statewide organization for lesbian, gay, bisexual and transgender people; (6) A member representing a national advocacy organization focused on passing state legislation written by students and survivors addressing campus sexual violence; (7) A member representing a statewide coalition of domestic violence resource centers; (8) A member representing an organization that advocates for immigrant communities in this State; and (9) A representative from a civil legal services provider representing sexual assault survivors; and [PL 2021, c. 733, §2 (NEW).] D. The following 11 members appointed by the Governor: (1) A student attending a public institution of higher education in this State; (2) A student attending a private institution of higher education in this State; (3) A student attending an institution in the Maine Community College System; (4) A representative of the University of Maine System recommended by the Chancellor of the University of Maine System; (5) A representative of a private institution of higher education recommended by an association of independent colleges in this State; (6) A representative of the Maine Community College System recommended by the President of the Maine Community College System; (7) A Title IX coordinator at a public institution of higher education in this State; (8) A Title IX coordinator at a private institution of higher education in this State; (9) A researcher with experience in the development and design of interpersonal violence climate surveys; (10) A researcher of statistics, data analytics or econometrics with experience in higher education survey analysis; and (11) A representative of an on-campus health center at an institution of higher education who has experience dealing with campus sexual violence, intimate partner violence or stalking. [PL 2021, c. 733, §2 (NEW).] [PL 2021, c. 733, §2 (NEW).]

3. Staffing. The department shall provide appropriate staffing assistance to the commission. [PL 2021, c. 733, §2 (NEW).]

4. Terms; vacancies; compensation. Each appointed member serves a 2-year term except that, of those members first appointed, 5 appointed by the Governor and 5 appointed by the commissioner must be appointed for a one-year term. The term of office of each member must be designated at the time of appointment. A member of the commission may serve after the expiration of that member's term until a successor has been appointed. Members are compensated in accordance with Title 5, chapter 379 . [PL 2021, c. 733, §2 (NEW).]

5. Quorum. A quorum of the commission consists of 2/3 of appointed members. [PL 2021, c. 733, §2 (NEW).]

6. Powers and duties. Beginning July 1, 2023 and biennially thereafter, the commission shall provide to the commissioner the interpersonal violence climate survey developed in accordance with subsections 8 and 9 and any related recommendations, including but not limited to recommendations on achieving statistically valid response rates. The commission may make recommendations on legislative and policy actions or on enforcing and carrying out the provisions of this chapter and may undertake research development and program initiatives consistent with this section. The commission shall meet at least 4 times a year. Subcommittees of the commission may meet as necessary. The commission may accept funds from the Federal Government, from a political subdivision of the State or from an individual, foundation or corporation and may expend these funds for purposes that are consistent with this subsection. The commission may develop bylaws to fulfill this section. [PL 2021, c. 733, §2 (NEW).]

7. Fund established. The Higher Education Interpersonal Violence Advisory Commission Fund is established as a nonlapsing fund for the purpose of receiving funds accepted by the commission under subsection 6 . [PL 2021, c. 733, §2 (NEW).]

8. Development of interpersonal violence climate survey. The commission shall develop the interpersonal violence climate survey by: A. Using best practices from peer-reviewed research and in consultation with individuals with expertise in the development and use of interpersonal violence climate surveys by institutions of higher education; [PL 2021, c. 733, §2 (NEW).] B. Reviewing interpersonal violence climate surveys that have been developed and previously used by institutions of higher education in other states; [PL 2021, c. 733, §2 (NEW).] C. To ensure the adequacy and appropriateness of the proposed content, providing opportunities for written comment from organizations that work directly with victims and survivors of sexual violence, intimate partner violence and stalking; [PL 2021, c. 733, §2 (NEW).] D. Consulting with institutions on strategies for optimizing the effectiveness of the interpersonal violence climate survey; and [PL 2021, c. 733, §2 (NEW).] E. Accounting for the diverse needs and differences among the institutions of higher education. [PL 2021, c. 733, §2 (NEW).] [PL 2021, c. 733, §2 (NEW).]

9. Information to be gathered. The interpersonal violence climate survey must collect anonymous responses and may not require the disclosure of personally identifiable information. The survey must include the survey requirements of the federal Violence Against Women Act Reauthorization Act of 2022, Public Law 117-103 and the survey must be designed, without being duplicative of the federal requirements, to gather the following information: A. The number of incidents, both reported and unreported, of sexual violence, intimate partner violence and stalking at each institution of higher education; [PL 2021, c. 733, §2 (NEW).] B. Generally, when or where incidents of sexual violence, intimate partner violence or stalking occurred, including but not limited to on-campus, off-campus, abroad, online or elsewhere, but without requiring students to disclose specific information about any incident; [PL 2021, c. 733, §2 (NEW).] C. Student awareness of the institution's policies and procedures related to sexual violence, intimate partner violence and stalking; [PL 2021, c. 733, §2 (NEW).] D. Whether a student reported sexual violence, intimate partner violence or stalking and, if so, to which campus resource or law enforcement agency the report was made, and, if not, the reason for the student's decision not to report; [PL 2021, c. 733, §2 (NEW).] E. Whether a student was informed of or referred to local, state, campus or other resources or victim support services, including appropriate medical care and legal services; [PL 2021, c. 733, §2 (NEW).] F. Whether a student was provided the option of protection from retaliation, access to school-based accommodations and criminal justice remedies; [PL 2021, c. 733, §2 (NEW).] G. Contextual factors of each incident of sexual violence, intimate partner violence or stalking, such as the involvement of force, incapacitation, coercion or drug or alcohol facilitation; [PL 2021, c. 733, §2 (NEW).] H. Demographic information that could be used to identify at-risk groups including but not limited to gender, race and sexual orientation; [PL 2021, c. 733, §2 (NEW).] I. Perceptions of campus safety among members of the campus community and confidence in the institution's ability to protect against and respond in a timely and trauma-informed manner to incidents of sexual violence, intimate partner violence or stalking; [PL 2021, c. 733, §2 (NEW).] J. Whether a reporting party was satisfied with the institution of higher education's response to the reporting party's report; [PL 2021, c. 733, §2 (NEW).] K. Whether the student has chosen to withdraw or take a leave of absence from the institution or transferred to another institution due to being either the reporting party or the responding party in an allegation of sexual violence, intimate partner violence or stalking; [PL 2021, c. 733, §2 (NEW).] L. Whether a student has withdrawn from any classes or been placed on academic probation as a result of an incident of sexual violence, intimate partner violence or stalking; and [PL 2021, c. 733, §2 (NEW).] M. Answers to any other questions developed by the commission. [PL 2021, c. 733, §2 (NEW).] [PL 2021, c. 733, §2 (NEW).]
20-A M.R.S. § 15689-D — ME Code / Title 20-A / Part 7 / Chapter 606-B / Section 15689-D
20-A §15689-D. Governor's recommendation for funding levels
Status: in_force

1. Annual recommendations. The Department of Administrative and Financial Services, Bureau of the Budget shall annually certify to the Legislature the funding levels that the Governor recommends under sections 15671 , 15671‑A , 15683 , 15683‑A , 15683‑B , 15688‑A , 15689 and 15689‑A and the amount for any other components of the total cost of funding public education from kindergarten to grade 12 pursuant to this chapter. The Governor's recommendations must be transmitted to the Legislature within the time schedules set forth in Title 5, section 1666 and in the form and manner described in subsection 2 and these recommendations must be posted on the department's publicly accessible website. The commissioner may adjust, consistent with the Governor's recommendation for funding levels, per-pupil amounts not related to staffing pursuant to section 15680 and targeted funds pursuant to section 15681 . [PL 2015, c. 489, §11 (AMD).]

2. Funding level computations. The Governor’s recommendations under subsection 1 must specify the amounts that are recommended for the total operating allocations pursuant to section 15683 including the total allocation pursuant to section 15683‑B , the total of other subsidizable costs pursuant to section 15681‑A , the total debt service allocation pursuant to section 15683‑A , the total costs of enhancing student performance and opportunity pursuant to section 15688‑A , the total adjustments pursuant to section 15689 , the total miscellaneous costs pursuant to section 15689‑A , the amount for any other components of the total cost of funding public education from kindergarten to grade 12 and the total cost of funding public education from kindergarten to grade 12 pursuant to this chapter. The Governor’s recommendations regarding the adjustments and miscellaneous costs components also must delineate each amount that is recommended for each subsection and paragraph sections 15689 and 15689‑A and the purposes for each cost in these sections. For each amount shown in the Governor’s recommendations, the Governor’s recommendations must also show the amount for the same component or purpose that is included in the most recently approved state budget, the differences between the amounts in the most recently approved state budget and the Governor’s recommendations and the reasons for the changes. These computations must be posted on the department's publicly accessible website. [PL 2015, c. 54, §9 (AMD).]
20-A M.R.S. § 7451 — ME Code / Title 20-A / Part 4 / Chapter 304-A / Section 7451
20-A §7451. Baxter Compensation Authority records confidential
Status: in_force

1. Application. This section governs all records of the former Baxter Compensation Authority, as established under former Title 5, section 22002 , referred to in this section as "the authority." These records may be released only with the approval of the Attorney General as authorized in this section. [PL 2007, c. 597, §14 (NEW); PL 2007, c. 597, §15 (AFF).]

2. Designation of information. All records of the authority that are in any way related to a claimant or a claimant's family are confidential, except that the following information is a public record: A. The claimant's name; [PL 2007, c. 597, §14 (NEW); PL 2007, c. 597, §15 (AFF).] B. The claimant's eligibility for compensation; [PL 2007, c. 597, §14 (NEW); PL 2007, c. 597, §15 (AFF).] C. The amount of the compensation award, if any; and [PL 2007, c. 597, §14 (NEW); PL 2007, c. 597, §15 (AFF).] D. A summary of the compensation panel's rationale in deciding eligibility and the compensation award amount. [PL 2007, c. 597, §14 (NEW); PL 2007, c. 597, §15 (AFF).] All information other than that described in paragraphs A to D supporting or corroborating a claim continues to be confidential until those records are destroyed. This confidential information may be released only to the Attorney General, the Governor and the chairs of the joint standing committee of the Legislature having jurisdiction over judiciary matters and remains confidential in their custody. [PL 2007, c. 597, §14 (NEW); PL 2007, c. 597, §15 (AFF).]
20-A M.R.S. § 8354 — ME Code / Title 20-A / Part 4 / Chapter 313 / Section 8354
20-A §8354. Tuition computation for out-of-state students
Status: in_force

The tuition charge for each out-of-state student receiving career and technical education at a center, satellite program or region is determined as follows. [RR 2003, c. 2, §52 (COR).]

1. Primary method. The per student tuition charge is determined by: A. Adding the amounts paid by the center, satellite program or region during the previous fiscal year for: (1) Teachers' salaries; (2) Fuel; (3) Janitorial services; (4) Textbooks; (5) Reference books; (6) School supplies for desk and laboratory use; (7) Public utility services; (8) Replacement of instructional equipment; (9) Insurance; (10) Compensation for the career and technical education director and the career and technical education director's assistants; (11) Employee fringe benefits; and (12) Electricity services provided by competitive electricity providers or other entities authorized by the Public Utilities Commission to provide electricity services; [RR 2003, c. 2, §53 (COR).] B. Adjusting the amounts in paragraph A by the allowable percentages set forth in section 5805, subsection 1, paragraph D ; and [PL 1981, c. 693, §§5, 8 (NEW).] C. Dividing this sum by the average number of all regularly enrolled students at the center, satellite program or region on October 1st and April 1st of the previous fiscal year. [PL 1991, c. 518, §10 (AMD).] [RR 2003, c. 2, §53 (COR).]

2. Alternate method. When the cost of fuel, janitorial services, public utility services, electricity services or insurance for facilities used to provide career and technical education can not be separated from similar costs for other facilities not used to provide career and technical education, the costs of facilities used to provide career and technical education are determined by prorating the square footage of floor space used to provide career and technical education to the total amount of floor space at the facilities. [RR 2003, c. 2, §54 (COR).]
20-A M.R.S. § 6904 — ME Code / Title 20-A / Part 3 / Chapter 226 / Section 6904
20-A §6904. General powers
Status: in_force

Jobs for Maine's Graduates is empowered to: [PL 1993, c. 348, §1 (NEW).]

1. Suit. Sue or be sued in its own name; [PL 1993, c. 348, §1 (NEW).]

2. Application for and receipt of funds. Apply for and receive funds from any private source, foundation or governmental entity, whether by way of grant, donation, loan or any other manner; [PL 1993, c. 348, §1 (NEW).]

3. Educational and school-to-work transition services; fees. Provide services to public or private entities to assist in job training and education efforts in the development of school-to-work transition services in the State and to charge fees for those services as it determines appropriate. [PL 1993, c. 348, §1 (NEW).]

4. Real and personal property. Purchase, receive, hold, lease, acquire by foreclosure, operate, manage, license, sell, convey, transfer, grant or lease real and personal property together with those rights and privileges that may be incidental and appurtenant thereto and the use thereof, including, but not restricted to, any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations; [PL 1993, c. 348, §1 (NEW).]

5. Expenditures and obligations regarding real and personal property. Make all expenditures and incur any obligations reasonably required in the exercise of sound business principles to secure possession of, preserve, maintain, insure and improve real and personal property and interests in that property acquired by the corporation; [PL 1993, c. 348, §1 (NEW).]

6. Securities. Acquire, subscribe for, own, hold, sell, assign, transfer, mortgage or pledge the stock, shares, bonds, debentures, notes or other securities and evidences of interest in or indebtedness of any person, firm, corporation, joint stock company, partnership, association or trust, and, while the owner and holder thereof, exercise all the rights, powers and privileges of ownership, including the right to vote thereon; [PL 1993, c. 348, §1 (NEW).]

7. Encumbrance of property. Mortgage, pledge or otherwise encumber any property right or thing of value acquired pursuant to the powers contained in subsection 4 , 5 or 6 as security for the payment of any part of the purchase price of the property right or thing of value; [PL 1993, c. 348, §1 (NEW).]

8. Contracts and liabilities. Make contracts, including contracts for services, and incur liabilities for any of the purposes authorized in those contracts; [PL 1993, c. 348, §1 (NEW).]

9. Debt. Borrow money for any of the purposes authorized in this chapter, incur debt, including the power to issue its bonds, debentures, notes or other evidences of indebtedness, whether secured or unsecured; and secure the same by mortgage, pledge, deed of trust or other lien on its property, rights and privileges of every kind and nature, or any part thereof, or interest therein; and [PL 1993, c. 348, §1 (NEW).]

10. Cooperation with agencies and organizations. Cooperate with governmental agencies, the University of Maine System and the Maine Community College System; and cooperate, assist and otherwise encourage organizations, local or regional, private or public, in the communities of the State in the promotion, assistance and development of school-to-work transition systems, youth apprenticeship and job training systems in communities and the State. [PL 1993, c. 348, §1 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]
20-A M.R.S. § 6209 — ME Code / Title 20-A / Part 3 / Chapter 222 / Section 6209
20-A §6209. System of learning results established
Status: in_force

The department in consultation with the state board shall establish and implement a comprehensive, statewide system of learning results, which may include a core of standards in English language arts and mathematics for kindergarten to grade 12 established in common with the other states, as set forth in this section and in department rules implementing this section and other curricular requirements. The department must establish accountability standards at all grade levels in the areas of mathematics; reading; and science and technology. The department shall establish parameters for essential instruction in English language arts; mathematics; science and technology; social studies; life and career readiness; visual and performing arts; health, physical education and wellness; and world languages. Only a public school, a public charter school as defined in section 2401, subsection 9 or a private school approved for tuition purposes that enrolls at least 60% publicly funded students, as determined by the previous school year's October and April average enrollment, is required to participate in the system of learning results set forth in this section and in department rules implementing this section and other curricular requirements. The commissioner shall develop accommodation provisions for instances where course content conflicts with sincerely held religious beliefs and practices of a student's parent or guardian. The system must be adapted to accommodate children with disabilities as defined in section 7001, subsection 1‑B . [PL 2021, c. 190, §5 (AMD).]

1. Guiding principles. [PL 2007, c. 259, §5 (RP).]

1-A. Accountability standards. Each student must be assessed by means of a statewide assessment in the following areas: A. Reading; [PL 2007, c. 259, §5 (NEW).] B. Mathematics; and [PL 2007, c. 259, §5 (NEW).] C. Science, in those content areas concerning cells and continuity and change. [PL 2007, c. 259, §5 (NEW).] [PL 2007, c. 259, §5 (NEW).]

2. Parameters for essential instruction and graduation requirements. Each school subject to the provisions of this section shall ensure sufficient opportunity and capacity through multiple pathways for all students to study in the areas of: A. Life and career readiness; [PL 2021, c. 190, §6 (RPR).] B. English language arts; [PL 1995, c. 649, §1 (NEW).] C. World languages; [PL 2007, c. 259, §5 (AMD).] D. Health, physical education and wellness; [PL 2007, c. 259, §5 (AMD).] E. Mathematics; [PL 1995, c. 649, §1 (NEW).] F. Science and technology; [PL 1995, c. 649, §1 (NEW).] G. Social studies; and [PL 1995, c. 649, §1 (NEW).] H. Visual and performing arts. [PL 1995, c. 649, §1 (NEW).] [PL 2021, c. 190, §6 (AMD).]

3. World languages; visual and performing arts. By the end of the 2007-2008 school year, each local school administrative unit shall implement standards in the areas of world languages and visual and performing arts. Notwithstanding any other provision of this chapter, the commissioner is authorized to establish rules for inclusion of some portion of the standards in visual and performing arts for the graduating class of 2011-2012. [PL 2021, c. 190, §7 (AMD).]

3-A. Transcripts. A school subject to this section shall: A. [PL 2017, c. 466, §12 (RP).] B. Certify on the basis of objective measures in the transcript a student's postsecondary readiness; and [PL 2015, c. 489, §5 (NEW).] C. Establish a transcript that meets the requirements of paragraph B as an officially sanctioned credential of student learning for admission to a postsecondary education institution and employment in a business, trade or industry. [PL 2017, c. 466, §12 (AMD).] [PL 2017, c. 466, §12 (AMD).]

4. Review cycle. The commissioner shall conduct a review of the content standards and performance indicators by content area on a 7-year cycle beginning in the 2025-2026 school year. The review of the content standards and performance indicators for the content area of social studies, including student achievement of proficiency in personal finance, must be included in the commissioner's review. Any changes that are recommended must be approved through the same process used for establishment of the system of learning results. The commissioner shall review and make recommendations for objective measures that may be used to substantiate school certifications of postsecondary readiness. The review of the content standards and performance indicators for the content area of health, physical education and wellness, including instruction on affirmative consent, communication and decision making regarding sexual activity and the effects of alcoholic drinks, stimulants and narcotics on the ability to give affirmative consent, communicate and make appropriate decisions, must be included in the commissioner's review. [PL 2025, c. 26, §1 (AMD).]
20-A M.R.S. § 405 — ME Code / Title 20-A / Part 1 / Chapter 5 / Section 405
20-A §405. Powers and duties
Status: in_force

The state board shall have the following powers and duties. [PL 1981, c. 693, §§5, 8 (NEW).]

1. General authority. The state board shall have only the powers specifically stated in this Title. [PL 1981, c. 693, §§5, 8 (NEW).]

2. Advisory role. The state board shall advise the commissioner concerning matters contained in this Title. [PL 1981, c. 693, §§5, 8 (NEW).]

3. Specific duties. The state board shall have the following specific powers and perform the following duties: A. Make recommendations to the Legislature for the efficient conduct of the public schools; [PL 1981, c. 693, §§5, 8 (NEW).] B. Approve the formation of school administrative districts; [PL 1981, c. 693, §§5, 8 (NEW).] C. [PL 1985, c. 497, §3 (RP).] D. Review, when necessary, decisions made by the commissioner on applications for additions to, dissolution of, transfers among, withdrawals from and closing of schools in school administrative districts and community school districts; [PL 1987, c. 395, Pt. A, §50 (AMD).] E. Adopt or amend rules on requirements for approval and accreditation of elementary and secondary schools; [PL 1981, c. 693, §§5, 8 (NEW).] F. Establish standards for the certification of teachers; [PL 1981, c. 693, §§5, 8 (NEW).] G. Adjust the subsidy to a school administrative unit when the expenditures for education in the unit show evidence of manipulation to gain an unfair advantage or are adjudged excessive; [PL 1981, c. 693, §§5, 8 (NEW).] H. Act on articles of agreement for creation of an interstate school district; [PL 1981, c. 693, §§5, 8 (NEW).] I. Develop and adopt a plan for the establishment of career and technical education centers and regions and act upon applications to alter the delivery of career and technical education within career and technical education regions and center areas; [RR 2003, c. 2, §32 (COR).] J. Adopt or amend rules on standards for school construction; [PL 1981, c. 693, §§5, 8 (NEW).] K. Approve projects for state construction aid; [PL 1981, c. 693, §§5, 8 (NEW).] L. Approve the formation of community school districts; [PL 1981, c. 693, §§5, 8 (NEW).] M. Approve isolated secondary schools; [PL 1981, c. 693, §§5, 8 (NEW).] N. Obtain information regarding applications for granting degrees and make a recommendation to the Legislature; [PL 1981, c. 693, §§5, 8 (NEW).] O. Recommend funds to the Bureau of the Budget for equalization of educational opportunity; [PL 1993, c. 290, §1 (AMD).] P. [PL 1989, c. 698, §12 (RP); PL 1989, c. 698, §76 (AFF).] Q. Serve as state agency for administering federal funds for construction of school facilities and for career and technical education; [RR 2003, c. 2, §33 (COR).] R. [PL 1985, c. 797, §11 (RP).] S. Develop long-range education goals and standards for school performance and student performance to improve learning results as established in section 6209 and recommend to the commissioner and to the Legislature a plan for achieving those goals and standards; [PL 2001, c. 454, §6 (AMD).] T. Establish and maintain a 5-year plan for education that includes goals and policies for the education of children who are 4 years of age in public preschool programs and children in kindergarten and grades one to 12 and that promotes services for public preschool children. The plan must incorporate and build upon the work of the Task Force on Learning Results established in Public Law 1993, chapter 290 and the federal GOALS 2000: Educate America Act; [PL 2013, c. 581, §1 (AMD).] U. Review the organization of school administrative units statewide to identify current cooperative agreements between school administrative units. Cooperative agreements may include, but are not limited to: purchasing or contract agreements; administrative functions; shared staff and staff training; and technology initiatives. Based on the review, and in consultation with the department, the state board may recommend that school administrative units develop and carry out a plan for a cooperative agreement with one or more other school administrative units. "Cooperative agreement" may include agreements between school administrative units and career and technical education regions and career and technical education centers; [PL 2015, c. 72, §1 (AMD).] V. Study school administrative unit configuration statewide; and [PL 2015, c. 72, §2 (AMD).] W. Enter into an interstate reciprocity agreement regarding postsecondary distance education, administer the agreement and approve or disapprove an application to participate in the agreement from a postsecondary institution that has its principal campus in the State. [PL 2015, c. 72, §3 (NEW).] [PL 2015, c. 72, §§1-3 (AMD).]

4. Review of department decisions. [PL 1987, c. 395, Pt. A, §51 (RP).]

5. Overseeing school administrative districts. [PL 1987, c. 395, Pt. A, §52 (RP).]

6. Recommendations to Legislature. The state board shall recommend to the Legislature any new legislation or amendments to existing legislation for the efficient conduct of the public schools and for achieving the education and performance goals and standards and the plan for the public schools developed in accordance with subsection 3, paragraph S . [PL 1993, c. 290, §4 (AMD).]

7. Federal career and technical education aid. The state board shall administer any federal funds received for the benefit of career and technical education programs in the State. As the designated state agency authorized to administer federal funds, the board shall develop a state plan, approve the State's application for career and technical education funds and disburse federal money as authorized and required by applicable federal law. [PL 1993, c. 349, §44 (AMD); PL 2003, c. 545, §4 (REV).]

8. Maine Merchant Marine Day. [PL 2019, c. 398, §8 (RP).]

9. Contract for services. The state board may contract for any necessary consultative services or support staff. [PL 1987, c. 851, §7 (NEW).]

10. Comprehensive school budget approval procedure. The state board shall develop a model comprehensive school budget approval procedure and, working in conjunction with the department, strongly encourage school administrative units to adopt and implement the model as local school board policy. The model procedure must be designed to provide early and continuous collaboration between school officials and municipal officials and to encourage frequent opportunity for public comment in the development of each unit's annual budget. [PL 1999, c. 710, §1 (NEW).]
20-A M.R.S. § 7304 — ME Code / Title 20-A / Part 4 / Chapter 303 / Section 7304
20-A §7304. Preschool Special Education Program Fund
Status: in_force

1. Fund established. The Preschool Special Education Program Fund, referred to in this section as "the fund," is established as a nonlapsing fund within the department to provide funding for general education and special education and related services for children eligible under Part B, Section 619. The department shall distribute funds through a quarterly allocation. [PL 2023, c. 643, Pt. W, §20 (NEW).]

2. Eligibility requirements. Beginning in fiscal year 2024-25, school administrative units that have assumed responsibility for child find activities and for ensuring free, appropriate public education for children eligible under Part B, Section 619 pursuant to section 7006, subsection 2 are eligible to receive allocations from the fund. [PL 2023, c. 643, Pt. W, §20 (NEW).]

3. Purposes. Allocations from the fund may be made to school administrative units that have assumed the responsibility for child find activities and for ensuring a free, appropriate public education for special education and related services pursuant to section 7006, subsection 2 as outlined in each child's individualized education program and for general education costs for children eligible under Part B, Section 619. [PL 2023, c. 643, Pt. W, §20 (NEW).]
20-A M.R.S. § 5051-A — ME Code / Title 20-A / Part 3 / Chapter 211 / Section 5051-A
20-A §5051-A. Truancy
Status: in_force

1. Truant. A student is truant if the student is subject to section 5001‑A and: A. [PL 2007, c. 304, §5 (RP).] B. Has completed grade 6 and has the equivalent of 10 full days of unexcused absences or 7 consecutive school days of unexcused absences during a school year; [PL 2019, c. 235, §6 (AMD).] C. Is at least 6 years of age and has not completed grade 6 and has the equivalent of 7 full days of unexcused absences or 5 consecutive school days of unexcused absences during a school year; or [PL 2019, c. 508, §9 (AMD).] D. Is enrolled in a public day school, is at least 5 years of age and has not completed grade 6 and has the equivalent of 7 full days of unexcused absences or 5 consecutive school days of unexcused absences during a school year. [PL 2019, c. 235, §8 (NEW).] [PL 2019, c. 235, §§6, 8 (AMD); PL 2019, c. 508, §9 (AMD).]

2. Procedures; written notice; referral. This subsection governs the procedure to be followed when a student is truant. A. [PL 2011, c. 614, §13 (RP).] A-1. The principal, upon determining that a student is truant under subsection 1 , shall notify the superintendent of the student's truancy within 5 school days of the last unexcused absence. [PL 2011, c. 614, §13 (NEW).] A-2. A student who is determined truant under subsection 1 must be referred to the school's student assistance team or the school personnel designated by the superintendent in accordance with the school administrative unit's intervention system under section 4710 to determine the cause of the truancy and assess the effect of the student's absences, as well as any future absences for the student. If it is determined that a negative effect exists, the student assistance team or the school personnel designated by the superintendent in accordance with the school administrative unit's intervention system under section 4710 shall develop an intervention plan to address the student's absences and the negative effect of these absences. An intervention plan may include, but is not limited to: (1) Frequent communication between the teacher and the family; (2) Changes in the learning environment; (3) Mentoring; (4) Student counseling; (5) Tutoring, including peer tutoring; (6) Placement into different classes; (7) Consideration of multiple pathways as described under section 4703 ; (8) Attendance contracts; (9) Referral to other agencies for family services; and (10) Other interventions, including, but not limited to, referral to the school attendance coordinator, student assistance team or dropout prevention committee. Failure of the student or the student's parents to appear at scheduled meetings does not preclude the school administrators from implementing an intervention plan to address the student's truancy. [PL 2011, c. 614, §13 (NEW).] B. [PL 2011, c. 614, §13 (RP).] B-1. The superintendent shall develop procedures to refer a student who is truant to the student assistance team or the school personnel designated by the superintendent in accordance with the school administrative unit's intervention system under section 4710 in accordance with this section. These procedures may include, but are not limited to: (1) Identifying school personnel responsible for notifying the student assistance team or the school personnel designated by the superintendent in accordance with the school administrative unit's intervention system when a student is truant; (2) A process for referral of a student who is truant, including identifying school personnel responsible for inviting the parents and the student to participate in any meeting that results from this referral; (3) A timeline for setting up a meeting and developing an intervention plan under paragraph A‑2 ; (4) A plan for dealing with future absences of a student who is truant; and (5) A plan for reporting of the results of the intervention plan developed pursuant to paragraph A‑2 . [PL 2011, c. 614, §13 (NEW).] C. If the intervention plan developed pursuant to paragraph A‑2 is unable to correct the truancy of the child, the superintendent shall serve or cause to be served upon the parent in hand or by registered mail a written notice that attendance of the child at school is required by law. The notice must: (1) State that the student is required to attend school pursuant to section 5001‑A ; (2) Explain the parent's right to inspect the student's attendance records, attendance coordinator's reports and principal's reports; (3) Explain that the failure to send the student to school and maintain the student in regular attendance is a civil violation in accordance with section 5053‑A and will jeopardize the student's status in the grade that the student is in; (4) State that the superintendent may notify the local law enforcement department of a violation of section 5053‑A and the Department of Health and Human Services of a violation under subsection 1, paragraph C ; and (5) Outline the plan developed to address the student's truancy and the steps that have been taken to implement that plan. [PL 2011, c. 614, §13 (AMD).] C-1. [PL 2023, c. 99, §1 (NEW); MRSA T. 20-A §5051-A, sub-§2, ¶C-1 (RP).] D. Prior to notifying the local law enforcement department under paragraph E , the superintendent shall schedule at least one meeting as required in paragraph B‑1 and may invite a local prosecutor. [PL 2011, c. 614, §13 (AMD).] D-1. [PL 2023, c. 99, §2 (NEW); MRSA T. 20-A §5051-A, sub-§2, ¶D-1 (RP).] E. If, after 3 school days after service of the notice referred to in paragraph C , the student remains truant and the parent and student refuse to attend the meeting scheduled according to paragraph D , the superintendent shall report the facts of the unlawful absence to the local law enforcement department, which may proceed with an action to enforce section 5053‑A against the parent unless the student is at once placed in an appropriate school or otherwise meets the requirements under section 5001‑A . [PL 2011, c. 614, §13 (AMD).] E-1. [PL 2023, c. 99, §3 (NEW); MRSA T. 20-A §5051-A, sub-§2, ¶E-1 (RP).] F. When a student is determined to be truant and in violation of section 5001‑A and the student assistance team or the school personnel designated by the superintendent in accordance with the school administrative unit's intervention system under section 4710 and the superintendent have made a good faith attempt to meet the requirements of paragraph B‑1 , the superintendent shall notify the school board of the student's truancy. [PL 2011, c. 614, §13 (AMD).] [PL 2023, c. 99, §§1-3 (AMD).]

3. Reports. This subsection applies to reports of truancy. A. A superintendent shall submit an annual report to the commissioner before October 1st. The report must: (1) Identify the number of truants in the school administrative unit in the preceding school year; (2) Describe the unit's efforts to deal with truancy; (3) Account for actions brought under this section including the number of truants reported to the student assistance team or the school personnel designated by the superintendent in accordance with the school administrative unit's intervention system under section 4710 ; and (4) Include any other information on truancy requested by the commissioner. [PL 2011, c. 614, §13 (AMD).] B. The commissioner shall submit an annual report to the Governor and the Legislature before January 15th. The report must aggregate the information provided by superintendents under paragraph A and must evaluate the effect of state laws on the incidence of truancy. [PL 2003, c. 533, §3 (NEW).] [PL 2011, c. 614, §13 (AMD).]