20-A M.R.S. § 6308 — ME Code / Title 20-A / Part 3 / Chapter 223 / Section 6308
20-A §6308. Glucagon rescue therapy
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Diabetes care plan" means an individual health plan document that specifies the diabetes-related services needed by a student at school and at school-sponsored activities and may include an emergency action plan. [PL 2023, c. 253, §1 (NEW).] B. "Emergency action plan" means a document that provides guidelines to prepare school personnel to respond to a serious or life-threatening injury or medical emergency. [PL 2023, c. 253, §1 (NEW).] C. "Health care provider" means a physician licensed in this State with a scope of practice that includes prescribing medication. [PL 2023, c. 253, §1 (NEW).] D. "School" means a public elementary school or public secondary school, public charter school or private school approved for tuition purposes. [PL 2023, c. 253, §1 (NEW).] E. "Undesignated ready-to-use glucagon rescue therapy" means a glucagon rescue therapy approved by the United States Food and Drug Administration that does not require reconstitution for the treatment of severe hypoglycemia in a dosage form that can be rapidly administered to the patient in an emergency, including prefilled injectable or nasally administered glucagon, prescribed in the name of a school or school administrative unit as provided in this section. [PL 2023, c. 253, §1 (NEW).] F. "Unlicensed school personnel" means persons acting on behalf of the school who have completed the training required by rule to administer medication but do not possess a professional license that allows them to administer medication. [PL 2023, c. 253, §1 (NEW).] [PL 2023, c. 253, §1 (NEW).]

2. Standing order. A school may obtain a standing order for undesignated ready-to-use glucagon rescue therapy from a health care provider with the authority to prescribe undesignated ready-to-use glucagon rescue therapy. [PL 2023, c. 253, §1 (NEW).]

3. Supply and administration. A school may maintain a supply of undesignated ready-to-use glucagon rescue therapies in a secure location that is immediately accessible to a school nurse and unlicensed school personnel. A supply of undesignated ready-to-use glucagon rescue therapies must be maintained in accordance with the manufacturer's instructions. A school nurse or unlicensed school personnel may administer an undesignated ready-to-use glucagon rescue therapy to a student with a known diagnosis of diabetes if the student's prescribed glucagon is not available on site or has expired. An undesignated ready-to-use glucagon rescue therapy may be used on school property, including the school building, playground and school bus, as well as during field trips or sanctioned excursions away from school property. The school shall provide an emergency action plan to a school employee who transports a student for school-sponsored activities. The emergency action plan must identify the student with diabetes, the potential emergencies that may occur as a result of the student's diabetes and provide the student's emergency contact information and diabetes care plan. [PL 2023, c. 253, §1 (NEW).]

4. Liability. If a student is injured due to the administration of undesignated ready-to-use glucagon rescue therapy that a licensed health professional with prescribing authority has prescribed and a pharmacist has dispensed to a school under this section, the licensed health professional with prescribing authority and pharmacist may not be held responsible for the injury unless the licensed health professional or pharmacist issued or dispensed the prescription with a conscious disregard for safety. If a school nurse or unlicensed school personnel administers undesignated ready-to-use glucagon rescue therapy to a student whom the school nurse or unlicensed school personnel in good faith believes to be experiencing a severe hypoglycemic reaction and administers the medication in accordance with the written policies of the school, the school nurse, unlicensed school personnel, the school, the members of the governing board of the school and the chief administrator of the school are not liable in a criminal action or for civil damages in any capacity as a result of providing the undesignated ready‑to‑use glucagon therapy. [PL 2023, c. 253, §1 (NEW).]

5. Emergency assistance and notification. Immediately after the administration of undesignated ready-to-use glucagon rescue therapy to a student, a school employee shall call for emergency assistance, notify the school nurse and follow the emergency action plan. [PL 2023, c. 253, §1 (NEW).]
20-A M.R.S. § 3661 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3661
20-A §3661. Employment
Status: in_force

Each employee of an interstate district assigned to a school located in Maine shall be considered an employee of a Maine school district for the purpose of the Maine Public Employees Retirement System, the Maine workers' compensation law, and any other laws relating to the regulation of employment or the provision of benefits for employees of Maine school districts except as follows: [PL 1987, c. 769, Pt. A, §60 (AMD); PL 2007, c. 58, §3 (REV).]

1. Teachers in Maine member district. A teacher in a Maine member district may elect to remain a member of the Maine Public Employees Retirement System, even though assigned to teach in an interstate school in New Hampshire. [PL 1981, c. 693, §§5, 8 (NEW); PL 2007, c. 58, §3 (REV).]

2. Professional or instructional staff members. Employees of interstate districts designated as professional or instructional staff members, as defined in article I , may elect to participate in the Maine Public Employees Retirement System or the teachers' retirement system of the State of New Hampshire but in no case will they participate in both retirement systems simultaneously. [PL 1981, c. 693, §§5, 8 (NEW); PL 2007, c. 58, §3 (REV).]

3. Duties of superintendent. It shall be the duty of the superintendent in an interstate district to: A. Advise teachers and other professional staff employees contracted for the district about the terms of the contract and the policies and procedures of the retirement system; [PL 1981, c. 693, §§5, 8 (NEW).] B. See that each teacher or professional staff employee selects the retirement system of that teacher's or employee's choice at the time that teacher's or employee's contract is signed; [RR 2019, c. 2, Pt. B, §15 (COR).] C. Provide the commissioners of education in New Hampshire and in Maine with the names and other pertinent information regarding each staff member under the commissioner's jurisdiction so that each may be enrolled in the retirement system of that staff member's preference. [RR 2019, c. 2, Pt. B, §16 (COR).] [RR 2019, c. 2, Pt. B, §§15, 16 (COR).]
20-A M.R.S. § 13004 — ME Code / Title 20-A / Part 6 / Chapter 501 / Section 13004
20-A §13004. List of persons credentialed; records confidential
Status: in_force

1. Lists. The commissioner shall keep a list of credentialed individuals. This list is a public record. [PL 2017, c. 235, §3 (AMD); PL 2017, c. 235, §41 (AFF).]

2. Records confidential. Transcripts, recommendations and other documents submitted in support of an application for a credential or collected by the department for verification of credential records are confidential. They may be made available only to the following: A. School boards and superintendents; [PL 1981, c. 693, §§5, 8 (NEW).] B. Authorized personnel of the department in fulfilling assigned duties; and [PL 1981, c. 693, §§5, 8 (NEW).] C. Individuals and their representatives who request to examine their own records. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 2017, c. 235, §3 (AMD); PL 2017, c. 235, §41 (AFF).]

2-A. Confidentiality. The provisions of this subsection govern confidentiality. A. Complaints and responses pursuant to section 13020 and any other information or materials that may result in an action to deny, revoke or suspend a credential are confidential, except when submitted in court proceedings to revoke or suspend a credential. [PL 2017, c. 235, §3 (AMD); PL 2017, c. 235, §41 (AFF).] B. Except for information designated confidential under section 6101 or section 6103 , information designated confidential under paragraph A may be released or used by the department as necessary to: (1) Complete its own investigations; (2) Provide information to a national association of state directors of teacher education and certification to which the State belongs; (3) Assist other public authorities to investigate an individual's credential in another jurisdiction; (4) Report or prevent criminal misconduct or assist law enforcement agencies in their investigations; or (5) Report child abuse or neglect under Title 22, section 4011-A . [PL 2017, c. 235, §3 (AMD); PL 2017, c. 235, §41 (AFF).] C. The department may publish and release as public information statistical summaries of complaints and dispositions as long as the release of such information does not jeopardize the confidentiality of individually identifiable information. [PL 2009, c. 331, §1 (NEW).] D. Notwithstanding paragraph A , the following information concerning final written decisions relating to disciplinary action taken by the commissioner against a person holding a credential is a public record: (1) The name of the person; (2) The type of action taken, consisting of denial, revocation, suspension, surrender or reinstatement; (3) The grounds for the action taken; (4) The relevant dates of the action; (5) The type of credential and endorsements held, including relevant dates; (6) The schools where the person was or is employed; and (7) The dates of employment. [PL 2017, c. 235, §3 (AMD); PL 2017, c. 235, §41 (AFF).] [PL 2017, c. 235, §3 (AMD); PL 2017, c. 235, §41 (AFF).]

2-B. Addresses of credential holders and applicants. Home addresses held by the department of individuals with credentials or applicants for credentials in the State may be made available in response to the following: A. Formal request from a commissioner or chief executive officer of other state agencies, including the judicial branch when access to that information may be necessary in carrying out an official function; and [PL 1987, c. 395, Pt. A, §86 (NEW).] B. Formal request by majority vote of any joint standing committee of the Legislature when access to that information may be necessary in carrying out an official function. [PL 1987, c. 395, Pt. A, §86 (NEW).] The use of these addresses by any other agency or department of government to which they may be furnished is limited to the purposes for which they are furnished and by the law under which they may be furnished. It is unlawful for any person to solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving assistance, directly or indirectly, derived from the records, papers, files or communications of the State or subdivisions or agencies, or acquired in the course of the performance of official duties. Any person violating this subsection must be punished by a fine of not more than $500 or by imprisonment for not more than 11 months, or by both. [PL 2017, c. 235, §3 (AMD); PL 2017, c. 235, §41 (AFF).]

3. Duplication costs. Individuals requesting copies of their records bear the costs of copying them. [PL 2017, c. 235, §3 (AMD); PL 2017, c. 235, §41 (AFF).]

4. Rules. [PL 2017, c. 235, §3 (RP); PL 2017, c. 235, §41 (AFF).]
20-A M.R.S. § 10206 — ME Code / Title 20-A / Part 5 / Chapter 404 / Section 10206
20-A §10206. Exemptions
Status: in_force

The following exemptions shall apply to ETLM: [PL 1983, c. 320, §2 (NEW).]

1. Rulemaking. ETLM shall not be subject to the requirements of the Maine Administrative Procedure Act, Title 5, chapter 375 , before it may adopt standards or policies to be utilized in carrying out its duties under this chapter, nor in establishing and setting fees to be charged for services provided by ETLM. [PL 1983, c. 320, §2 (NEW).]

2. Freedom of access. Records maintained by ETLM relative to services provided to persons, corporations or any other body in accordance with this chapter are not public records as that term is defined in Title 1, section 402, subsection 3 , except for the fiscal records maintained by ETLM. [PL 1983, c. 320, §2 (NEW).]
20-A M.R.S. § 11428 — ME Code / Title 20-A / Part 5 / Chapter 417-A / Section 11428
20-A §11428. Chapter additional and supplemental
Status: in_force

1. In general. This chapter provides a complete, additional and alternative method for carrying out the functions authorized and shall be regarded as supplemental and additional to, and the limitations imposed by this chapter do not limit or otherwise affect powers or rights conferred by other laws and the issuance of bonds and refunding bonds under this chapter need not comply with the requirements of any other law applicable to the issuance of bonds. [PL 1987, c. 807, §3 (NEW).]

2. Institutions of higher education. Notwithstanding any other provision of law or charter, institutions of higher education may borrow money from the authority, make education loans and take all other actions necessary or convenient to consummate the transactions contemplated under this chapter. The authority may establish, contract for, charge and collect any amount or rate of interest or compensation with respect to authority loans and participating institutions of higher education may contract for, charge and collect any amount or rate of interest or compensation with respect to education loans. Neither the authority nor any institution of higher education participating in a loan program under this chapter may be subject to any licensing provisions relating to financial institutions or any credit regulations of the State. [PL 1987, c. 807, §3 (NEW).]
20-A M.R.S. § 6403-A — ME Code / Title 20-A / Part 3 / Chapter 223 / Section 6403-A
20-A §6403-A. School nurse
Status: in_force

Each school board shall appoint at least one school nurse for the school administrative unit. [PL 1985, c. 258, §4 (NEW).]

1. Duties. The school nurse shall supervise and coordinate the health services and health-related activities required by this Title. [PL 1985, c. 258, §4 (NEW).]

2. Other functions. The school nurse shall also perform such other health-related activities as are assigned by the school board. [PL 1985, c. 258, §4 (NEW).]

3. Appointment. To fulfill the role of school nurse, the school board shall appoint a registered professional nurse who meets any additional certification requirements established by the state board. [PL 1985, c. 258, §4 (NEW).]

4. Special contract for services. The school board may provide school nurse services through special agreements with a public health agency or with an individual registered professional nurse. All nurses who serve as school nurses under those agreements must be registered professional nurses who meet applicable certification requirements. [PL 2019, c. 398, §23 (AMD).]

5. Guidelines. The commissioner shall issue guidelines on the provision of school health services and health-related activities. [PL 1985, c. 258, §4 (NEW).]
20-A M.R.S. § 3601 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3601
20-A §3601. Enters
Status: in_force

The State of Maine enters into the following compact with the state of New Hampshire subject to the terms and conditions stated in this chapter. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 11434 — ME Code / Title 20-A / Part 5 / Chapter 417-A / Section 11434
20-A §11434. 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 2015, c. 170, §26 (AMD); PL 2015, c. 170, §30 (AFF).]
20-A M.R.S. § 4704 — ME Code / Title 20-A / Part 3 / Chapter 207-A / Section 4704
20-A §4704. Courses prescribed by the commissioner
Status: in_force

The commissioner shall prescribe by rule the basic courses of study that are in alignment with the system of learning results as established in section 6209 for the elementary and secondary schools, consistent with the requirements of this chapter, and may include minimum time requirements and performance standards. [PL 2001, c. 454, §18 (AMD).]
20-A M.R.S. § 11407 — ME Code / Title 20-A / Part 5 / Chapter 417 / Section 11407
20-A §11407. Authorization for Governor to request organizations to acquire loan notes
Status: in_force

To the extent and for the purposes contemplated by the federal Internal Revenue Code of 1954, Section 103(e), as amended, and successor provisions thereto, including without limitation the federal Internal Revenue Code of 1986, Section 150(d), as amended, the Governor may on behalf of the State request the organization of one or more nonprofit corporations to operate exclusively for the purpose of acquiring student loan notes incurred under the federal Higher Education Act of 1965, 20 United States Code, Chapter 28, Title IV, Part B, as amended. The Governor may request on behalf of the State that one or more state agencies acquire student loan notes incurred under the federal Higher Education Act of 1965, 20 United States Code, Chapter 28, Title IV, Part B, as amended. [PL 2003, c. 112, §4 (AMD).]

1. Origination of loans. Any entity acquiring student loan notes may not originate federally guaranteed loans, except as authorized in chapter 417‑F . The entity may not discriminate against any financial institution or credit union authorized to do business in this State or any other entity with respect to the acquisition of loans. The entity shall adopt policies regarding conflict of interest. [PL 2009, c. 83, §1 (AMD).]

2. Loan guarantee. All education loan notes incurred under the federal Higher Education Act of 1965, 20 United States Code, Chapter 28 that are acquired with proceeds of tax-exempt bonds using a portion of the state ceiling on private activity bonds must be guaranteed by the state agency designated as administrator of federal guaranteed student loan programs pursuant to chapter 417, subchapter 1 , provided that this requirement does not apply to serial loans of a borrower that are guaranteed by a different guarantee agency and acquired or financed with tax-exempt bond proceeds prior to the effective date of this paragraph. The state agency designated as administrator of federal guaranteed student loan programs pursuant to chapter 417, subchapter 1 shall use its best efforts to provide competitive rates for the guarantee function. [PL 2003, c. 112, §4 (AMD).]

3. Board of directors. The board of directors of a nonprofit corporation formed under this section consists of 7 members. Four members representing the public with full voting rights must be appointed by the Governor, subject to review and approval by the joint standing committee of the Legislature having jurisdiction over business and economic development matters and confirmation by the Legislature. The terms of the initial members must be staggered: 2 members must be appointed to 2-year terms and 2 members must be appointed to 3-year terms. On the expiration of a term of any member, a successor must be appointed to a 3-year term. A member serves until a successor is appointed and qualified. A member is eligible for reappointment. If a member is appointed to fill a vacancy in an unexpired term, that member may serve only for the remainder of that term until a successor is appointed. An officer, director or employee of a nonprofit corporation formed under this section may not at the same time serve as an officer, director or employee of the Finance Authority of Maine, of the state agency designated as administrator of federal guaranteed student loan programs pursuant to chapter 417, subchapter 1 or of any entity that has a contract to provide a significant level of administrative services to a nonprofit corporation formed under this section or to the state agency designated as administrator of federal guaranteed student loan programs pursuant to chapter 417, subchapter 1 . [PL 2015, c. 170, §7 (AMD); PL 2015, c. 170, §30 (AFF).]

4. Public meetings and records. Except for records containing specific and identifiable personal information acquired from applicants for or recipients of financial assistance, the books and records of a nonprofit corporation formed under this section are public records and the meetings of such a corporation are public proceedings within the meaning of Title 1, chapter 13, subchapter 1 . [PL 2003, c. 112, §4 (AMD).]

5. Use of competitive bidding. An entity designated under this section may enter into contracts for loan administration, loan servicing and other substantial operating contracts related to loan purchase activities through an open competitive bidding process in accordance with this subsection. The entity shall adopt rules requiring that loan administration or servicing contracts may not be entered into without prior public notice and opportunity for interested persons to make proposals, and the entity may not adopt the rules until after providing public notice and opportunity for public comment on the proposed rules. In adopting those rules, the entity shall consider to the extent possible the rules and procedures with respect to the competitive bidding process set forth in Title 5, chapter 155, subchapter 1‑A . Any loan administration or servicing contract must be approved by the board after review of the contract and an accompanying fairness opinion prepared by an independent 3rd party. [PL 2003, c. 112, §4 (AMD).]

6. Annual report. An entity designated under this section shall report annually on its activities during the previous fiscal year to the joint standing committees of the Legislature having jurisdiction over business and economic development matters, appropriations matters and education matters. The report must include a listing of the current directors and officers; a summary of the purchases of loans in the secondary market during the previous fiscal year; a listing of the institutions from which loans were purchased during the previous fiscal year; and a complete financial statement of the entity's operations related to loan purchases during the previous fiscal year, including a breakdown of income and costs, the administrative and operating costs, the assets and liabilities, the total excess revenues over expenditures for the previous fiscal year and the total accumulation of these revenues, the total income derived from investments during the previous fiscal year, the disposition and use of excess revenues, the proceeds from investments and the geographic distribution and distribution between institutions of higher learning of its student loans among residents of this State. The report must demonstrate that all revenues, including reserves, that are acquired with proceeds of tax-exempt bonds using a portion of the state ceiling on private activity bonds are being used in a manner consistent with the public purpose for which the bonds are issued. The report must include similar information on all affiliated entities and must be provided annually in writing to the joint standing committees of the Legislature having jurisdiction over business and economic development matters, appropriations matters and education matters by December 1st. An entity designated under this section shall also file copies of the entity's Internal Revenue Code forms and returns with the Attorney General and the joint standing committee of the Legislature having jurisdiction over business and economic development matters. [PL 2003, c. 112, §4 (AMD).]
20-A M.R.S. § 4775 — ME Code / Title 20-A / Part 3 / Chapter 208-A / Section 4775
20-A §4775. Payment; appropriations
Status: in_force

Until the 2018-2019 school year, the department shall pay 50% of the in-state tuition for the first 6 credit hours taken each semester by a student at an eligible institution and up to 12 credit hours per academic year. The eligible institution may not make any additional tuition charges for the course but may impose fees and charges, other than tuition, that are ordinarily imposed on students not covered by this chapter. Funds appropriated to the department to carry out the purposes of this chapter must be in addition to the customary and ongoing amounts appropriated for general purpose aid for local schools. [PL 2017, c. 284, Pt. C, §8 (AMD).]

Beginning with the 2018-2019 school year, the department shall reimburse each eligible institution the cost of in-state tuition up to the maximum rate, calculated as follows: 50% of the average in-state tuition rate for the highest and lowest in-state tuition rates established by the University of Maine System for eligible institutions within the system for the first 6 credit hours taken each semester by a student at an eligible institution and up to 12 credit hours per academic year. The eligible institution may not make any additional tuition charges for the course but may impose fees and charges, other than tuition, that are ordinarily imposed on students not covered by this chapter. Funds appropriated to the department to carry out the purposes of this chapter must be in addition to the customary and ongoing amounts appropriated for general purpose aid for local schools. [PL 2017, c. 284, Pt. C, §8 (NEW).]
20-A M.R.S. § 11003 — ME Code / Title 20-A / Part 5 / Chapter 413 / Section 11003
20-A §11003. Entry into force - Article III
Status: in_force

This compact shall become operative immediately as to those states executing it whenever any 2 or more of the States of Maine, Vermont, New Hampshire, Massachusetts, Rhode Island and Connecticut have executed it in the form which is in accordance with the laws of the respective compacting states. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 10986 — ME Code / Title 20-A / Part 5 / Chapter 412-B / Section 10986
20-A §10986. Support of advisory committee
Status: in_force

The university shall provide support to the Advisory Committee on Family Development Accounts under section 10985 , certify participating financial institutions and review proposals from community development organizations seeking to manage family development accounts. [PL 2019, c. 239, §4 (NEW).]
20-A M.R.S. § 10708 — ME Code / Title 20-A / Part 5 / Chapter 409 / Section 10708
20-A §10708. Exemptions
Status: in_force

This chapter does not apply to educational institutions which: [PL 1981, c. 693, §§5, 8 (NEW).]

1. Prior to September 18, 1981. Had been authorized by the Legislature or the state board to grant undergraduate or graduate degrees prior to September 18, 1981 and are offering additional or different degrees at the same level; [PL 2009, c. 274, §12 (AMD).]

2. Federal reservations. Offer programs or courses that are conducted solely on a federal reservation over which the Federal Government has exclusive jurisdiction. The commissioner shall authorize exempt status under this subsection; [PL 2005, c. 85, §1 (AMD).]

3. Noncredit courses. Offer courses or programs that are not for academic credit; and [PL 2005, c. 85, §1 (AMD).]

4. Religious, nonpublic, educational institution. Meet the following criteria. A. The educational institution must be substantially owned, operated or supported by a bona fide church or religious organization. [PL 2005, c. 85, §2 (NEW).] B. The educational programs of the educational institution must be primarily designed for, aimed at and attended by persons who seek to learn the particular religious faith or beliefs of the church or religious organization under paragraph A . [PL 2005, c. 85, §2 (NEW).] C. The programs under paragraph B must be intended to prepare students to assume leadership positions in, or enter into some other vocation closely related to, the particular faith of the church or religious organization under paragraph A . [PL 2005, c. 85, §2 (NEW).] The exemption under this subsection does not apply to any educational institution that represents to any student or prospective student that the major purpose of its program is to prepare the student for a vocation not closely related to the particular religious faith of the educational institution or to provide the student with a general educational program substantially equivalent to the educational programs offered by schools or departments or branches of schools that are not exempt from this section. Any educational institution receiving an exemption under this subsection must inform all applicants of its exempt status in writing and must prominently display the following statement on all written materials, including, but not limited to, any electronic materials, made available to potential applicants or to the general public: "Pursuant to the Maine Revised Statutes, Title 20‑A, section 10708, subsection 4 , this institution is not required to obtain authorization from either the State Board of Education or the Maine State Legislature in order to: (1) use the name "junior college," "college" or "university," (2) offer courses or programs for academic credit or (3) confer degrees." [PL 2005, c. 85, §2 (NEW).]
20-A M.R.S. § 11426 — ME Code / Title 20-A / Part 5 / Chapter 417-A / Section 11426
20-A §11426. Bonds as legal investments
Status: in_force

Bonds issued by the authority under this chapter are hereby made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, trust companies, banks, bankers, banking associations, savings banks and savings associations, including savings and loan associations, financial institutions, credit unions, building and loan associations, investment companies, executors, administrators, trustees and other fiduciaries, pension, profit-sharing, retirement funds and other persons carrying on a banking business and all other persons whatsoever, may properly and legally invest funds, including capital in their control or belonging to them. These bonds are hereby made securities which may properly and legally be deposited with and received by any state, municipal or public officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law. [PL 1987, c. 807, §3 (NEW).]
20-A M.R.S. § 1461 — ME Code / Title 20-A / Part 2 / Chapter 103-A / Section 1461
20-A §1461. Formation of a regional school unit; reorganization planning and approval
Status: in_force

The residents of 2 or more school administrative units may form a regional school unit that is a body politic and corporate pursuant to this section. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

1. Notice of intent. Each school administrative unit shall file with the commissioner a notice of intent to engage in planning and negotiations with other school administrative units for the purpose of developing a reorganization plan to form a regional school unit under this chapter. The commissioner shall respond to each notice of intent providing information regarding the process and whether the intended action complies with the requirements of this chapter. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

2. Reorganization planning committee. The school administrative units that intend to engage in planning and negotiation to create a regional school unit shall form a reorganization planning committee. A. For each proposed regional school unit, the commissioner shall provide guidelines for the formation of a reorganization planning committee including representation from the school administrative units included in the notice of intent, member municipalities and members of the general public who are residents of the proposed regional school unit. The guidelines must include roles and responsibilities of the committee, timelines for submission of the plan, the format for reporting the reorganization plan and evaluation criteria for approval of the plan. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] B. Reorganization planning committees shall hold one or more public meetings to gather input from community members and to determine the sentiment of the public. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

3. Submission of plans. Each school administrative unit shall submit to the commissioner its proposed reorganization plan for consolidation into a regional school unit that meets the requirements of paragraphs A and B . A. A reorganization plan must include: (1) The units of school administration to be included in the proposed reorganized regional school unit; (2) The size, composition and apportionment of the governing body; (3) The method of voting of the governing body; (4) The composition, powers and duties of any local school committees to be created; (5) The disposition of real and personal school property; (6) The disposition of existing school indebtedness and lease-purchase obligations if the parties elect not to use the provisions of section 1506 regarding the disposition of debt obligations; (7) The assignment of school personnel contracts, school collective bargaining agreements and other school contractual obligations; (8) The disposition of existing school funds and existing financial obligations, including undesignated fund balances, trust funds, reserve funds and other funds appropriated for school purposes; (9) A transition plan that addresses the development of a budget for the first school year of the reorganized unit and interim personnel policies; (10) Documentation of the public meeting or public meetings held to prepare or review the reorganization plan; (11) An explanation of how units that approve the reorganization plan will proceed if one or more of the proposed members of the regional school unit fail to approve the plan; (12) An estimate of the cost savings to be achieved by the formation of a regional school unit and how these savings will be achieved; and (13) Such other matters as the governing bodies of the school administrative units in existence on the effective date of this chapter may determine to be necessary. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] B. In order for the plan to be approved by the commissioner, the governing bodies of school administrative units shall work within the following parameters. (1) The proposed regional school unit must serve not fewer than 2,500 students, including, for purposes of this paragraph, students attending from the unorganized territory, except where circumstances relating to the following factors justify an exception: (a) Geography, including physical proximity and the size of the current school administrative unit; (b) Demographics, including student enrollment trends and the composition and nature of communities in the regional school unit; (c) Economics, including existing collaborations to be preserved or enhanced and opportunities to deliver commodities and services to be maximized; (d) Transportation; (e) Population density; or (f) Other unique circumstances including the need to preserve existing or developing relationships, meet the needs of students, maximize educational opportunities for students and ensure equitable access to rigorous programs for all students. (2) The plan must provide comprehensive programming for all students from kindergarten to grade 12 and must include at least one publicly supported secondary school, except if the plan provides comprehensive programming: (a) For all students from grade 9 to grade 12 within the regional school unit, with programming for students from kindergarten to grade 8 provided by the separate school administrative units; (b) For all students from kindergarten to grade 8 within the regional school unit, with programming for students from grade 9 to grade 12 provided by either operating a school or contracting for school privileges pursuant to chapter 115 ; or (c) For all students in a grade configuration that meets the needs of the students from the municipalities that make up the regional school unit, with programming for all other students provided by either operating a school or contracting for school privileges pursuant to chapter 115 . (3) The plan must be consistent with the policies set forth in section 1451 . (4) The plan may not displace teachers or students or close any schools existing and operating during the school year immediately preceding reorganization, except as permitted under section 1512 . (5) The plan must address how the school administrative unit will reorganize administrative functions, duties and noninstructional personnel so that the projected expenditures of the reorganized school administrative unit in the first year of operation during the school year immediately following reorganization for system administration, transportation, special education and facilities and maintenance will not have an adverse impact on the instructional program. [PL 2021, c. 537, §§1, 2 (AMD).] C. [PL 2021, c. 537, §3 (RP).] [PL 2021, c. 537, §§1-3 (AMD).]

4. Review and approval of plans. If the commissioner finds that a plan for reorganization meets the requirements of this chapter, the commissioner shall notify the municipalities and school administrative units, and they shall proceed with referendum. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

5. Referendum on reorganization plan. The municipal officers of each municipality in a proposed reorganized school administrative unit or alternative organizational structure shall place a warrant article substantially as follows on the ballot of a municipal referendum conducted in accordance with the referendum procedures applicable to the school administrative unit of which the municipality is a member. "Article: Do you favor approving the school administrative reorganization plan prepared by the (insert name) Reorganization Planning Committee to reorganize (insert names of affected school administrative units) into a regional school unit or alternative organizational structure, with an effective date of (insert date)? Yes No" [PL 2007, c. 668, §4 (AMD).]

6. Results of referendum. Each school administrative unit shall report the results of the referendum to the department following the referendum election. A. A reorganization plan is approved by a kindergarten to grade 12 school administrative district or kindergarten to grade 12 community school district if the majority of votes cast in the district is in favor of approval of the plan. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] B. A reorganization plan is approved by the member municipalities of a community school district that does not provide public education for the entire span of kindergarten to grade 12 if the majority of votes cast in the member municipalities is in favor of approval of the plan. Approval results in all member municipalities joining the regional school unit for all purposes for kindergarten to grade 12. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] C. A municipal school unit, including a municipal school unit that is a member of a school union, approves a reorganization plan if the majority of the votes cast in that municipality is in favor of approval of the plan. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] D. If a reorganization plan is approved by all of the affected school administrative units, or by the school administrative units considered sufficient under the proposed units' reorganization plan, the commissioner shall file notice of approval of the unit with the state board. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

7. Certificate of organization. If a plan or revised plan for reorganization has been approved by the commissioner and approved by voters at the referendum, the state board shall issue a certificate of organization to the school administrative units that are reorganized into a regional school unit. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

8. Retention of duties pending referendum. Until the approval of a proposed school administrative reorganization plan at a referendum under subsection 5 , each participating school administrative unit retains all authority, duties and obligations of the public employer of the employees of the school administrative unit pursuant to Title 26, chapter 9‑A , including but not limited to the authority and duty to negotiate a successor collective bargaining agreement that will take effect on or after the operational date of the proposed regional school unit. [PL 2009, c. 107, §1 (NEW).]
20-A M.R.S. § 1512 — ME Code / Title 20-A / Part 2 / Chapter 103-A / Section 1512
20-A §1512. Closing school
Status: in_force

1. Vote; cost of election. A school in a member municipality of a regional school unit may not be closed unless the voters in the member municipality vote on the article in accordance with the referendum procedure set forth in this chapter. "Article: Do you favor authorizing the board of directors of (name of regional school unit) to close ............................................. (name of school)? Yes No The additional cost of keeping the school open has been estimated by the regional school unit board to be $ ........." The election must be conducted within that member municipality only, pursuant to department rule, and the costs of the election are borne by the regional school unit. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

2. Expense of keeping the school open. If the voters vote by a majority vote to keep the school open, the member municipality is liable for some additional expense for actual local operating costs and transportation operating costs as defined in section 15672 . The determination of costs is subject to the approval of the commissioner. The cost to be borne by the municipality voting to keep a school open is the amount that would be saved if the school were closed. Any additional costs that must be borne by the member municipality must be part of the article presented to the voters at the meeting to determine whether the school should remain open. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

3. Costs and procedures during subsequent years. During any year subsequent to the year during which a school remains open contrary to the regional school unit board's vote to close that school as a result of a municipal referendum, the school will be open without any additional cost to the municipality except as described in paragraphs A and B . A. If the regional school unit board again votes to close the school and the voters of the member municipality again vote to keep the school open, as described in this subsection, then the school will remain open and the member municipality will be obligated to pay the additional costs as described in subsection 2 . [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] B. If the regional school unit board again votes to close the school and the voters of the member municipality fail to vote to keep the school open, then the school is closed. In this event, the school may be reopened only if the regional school unit board votes to reopen the school. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

4. Definition of school closing. For purposes of this section, a school closing is any action by the regional school unit board that has the effect of providing no instruction for any students at that school. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

5. Method of payment by liable municipality. If a municipality is liable for additional expenses as determined in subsection 3, paragraph A , then the amount of this additional expense must be subtracted from the regional school unit budget before each member municipality's assessment is computed. This additional expense must be paid by the member municipality that is liable in equal monthly amounts, unless the regional school unit and that member municipality mutually agree to another method of payment. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

6. Multiple municipalities. If a school proposed for closure is a school that serves students from more than one municipality, the article set forth in subsection 1 must be submitted to the voters in each of the municipalities that sent all students from that municipality to the school. If a majority of the voters in each of the municipalities vote to keep the school open, the school is not closed and the municipalities share in the costs under this section in the same proportion as they share the current operating costs of the school. [PL 2009, c. 213, Pt. OOOO, §1 (AMD).]
20-A M.R.S. § 6552 — ME Code / Title 20-A / Part 3 / Chapter 223 / Section 6552
20-A §6552. Firearms
Status: in_force

1. Prohibition. A person may not possess a firearm on public school property or the property of an approved private school or discharge a firearm within 500 feet of public school property or the property of an approved private school. [PL 2009, c. 614, §2 (AMD).]

2. Exceptions. The provisions under subsection 1 do not apply to the following. A. The prohibition on the possession and discharge of a firearm does not apply to law enforcement officials. [PL 2009, c. 614, §3 (RPR).] B. The prohibition on the possession of a firearm does not apply to the following persons, if the possession is authorized by a written policy adopted by the school board: (1) A person who possesses an unloaded firearm for use in a supervised educational program approved and authorized by the school board and for which the school board has adopted appropriate safeguards to ensure student safety; and (2) A person who possesses an unloaded firearm that is stored inside a locked vehicle in a closed container, a zipped case or a locked firearms rack while the person is attending a hunter's breakfast or similar event that: (a) Is held during an open firearm season established under Title 12, Part 13 for any species of wild bird or wild animal; (b) Takes place outside of regular school hours; and (c) Is authorized by the school board. [PL 2009, c. 614, §3 (RPR).] C. The prohibition on possession and discharge of a firearm does not apply to a person possessing a firearm at a school-operated gun range or a person discharging a firearm as part of a school-sanctioned program at a school-operated gun range if the gun range and the program are authorized by a written policy adopted by the school's governing body. [PL 2009, c. 614, §3 (NEW).] [PL 2009, c. 614, §3 (RPR).]

3. Penalty. A person who violates this section is guilty of a Class E crime. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 6804 — ME Code / Title 20-A / Part 3 / Chapter 225 / Section 6804
20-A §6804. Disturbing schools
Status: in_force

A person who enters the property of a public or private school or another place of instruction during or out of school hours, while the teacher or student is present, and willfully interrupts or disturbs the teacher or student by loud speaking, rude or indecent behavior, signs or gestures, or engages in hostile, aggressive or threatening behavior toward a student, teacher, administrator or other staff member, or willfully interrupts a school by prowling about the building, making noises, throwing missiles at the schoolhouse or disturbing the school, commits a civil offense and shall forfeit not less than $200 nor more than $500. [PL 2001, c. 189, §1 (AMD).]
20-A M.R.S. § 2411 — ME Code / Title 20-A / Part 2 / Chapter 112 / Section 2411
20-A §2411. Charter term and renewal
Status: in_force

1. Initial charter term. The term for an initial charter may not commence before July 1, 2012. An initial charter must be granted for a term of 5 operating years. The charter term commences on the public charter school's first day of operation. An approved public charter school may delay its opening for one school year in order to plan and prepare for the school's opening. If the public charter school requires an opening delay of more than one school year, the public charter school must request an extension from its authorizer. The authorizer may grant or deny the extension depending on the particular public charter school's circumstances. [PL 2011, c. 414, §5 (NEW).]

2. Charter renewal term. A charter may be renewed for successive terms of 5 years, although an authorizer may grant a renewal for a term not to exceed 15 years based on the performance, demonstrated capacities and particular circumstances of each public charter school. If a charter is renewed for more than 5 years, the authorizer shall still issue a public charter school performance report every 5 years as called for by subsection 3 . An authorizer may grant renewal with specific conditions for necessary improvements to a public charter school. [PL 2011, c. 414, §5 (NEW).]

3. Authorizer renewal responsibilities. No later than June 30th of a public charter school's 4th year of operation under each 5-year term of a charter contract, the authorizer shall issue a public charter school performance report. If the charter of the public charter school is expiring, the authorizer shall offer charter renewal application guidance to the school. A. The performance report required in this subsection must summarize the public charter school's performance record to date, based on the data required by this chapter and the charter contract, and must provide notice of any weaknesses or concerns perceived by the authorizer concerning the school that may jeopardize its position in seeking renewal if not timely rectified. The school must be given the opportunity to respond to the performance report and submit any corrections or clarifications for the report. [PL 2011, c. 414, §5 (NEW).] B. The renewal application guidance required by this subsection must include or refer explicitly to the criteria and standards that will guide the authorizer's renewal decisions, which must be based on the performance framework under section 2409 set forth in the charter contract and consistent with this chapter. The renewal application guidance must, at a minimum, require and provide an opportunity for the public charter school to: (1) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal; (2) Describe improvements undertaken or planned for the school; and (3) Detail the school's plans for the next charter term. [PL 2011, c. 414, §5 (NEW).] [PL 2011, c. 414, §5 (NEW).]

4. Renewal application. No later than September 30th of a public charter school's 5th year of operation under a term of a charter contract or September 30th of a public charter school's final authorized year of operation under a term of a charter contract, the governing board of a public charter school seeking renewal shall submit a renewal application to the authorizer pursuant to any renewal application guidance offered by the authorizer under subsection 3 . [PL 2011, c. 414, §5 (NEW).]

5. Renewal decision. An authorizer shall rule by resolution on a renewal application under this section no later than 45 days after the filing of the renewal application. In making charter renewal decisions, every authorizer shall: A. Ground its decisions in evidence of the public charter school's performance over the term of the charter in accordance with the performance framework under section 2409 set forth in the charter contract; [PL 2011, c. 414, §5 (NEW).] B. Ensure that data used in making renewal decisions are available to the public charter school and the public; and [PL 2011, c. 414, §5 (NEW).] C. Provide a public report summarizing the evidence basis for each decision. [PL 2011, c. 414, §5 (NEW).] [PL 2011, c. 414, §5 (NEW).]

6. Charter revocation and nonrenewal. A decision by an authorizer to revoke or not to renew the charter of a public charter school must be made in accordance with this subsection. A. A charter may be revoked at any time or not renewed if the authorizer determines that the public charter school failed to comply with the provisions of this chapter or: (1) Committed a material violation of any of the terms, conditions, standards or procedures required under this chapter or the charter contract; (2) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter contract; (3) Failed to meet generally accepted standards of fiscal management; or (4) Violated any provision of law from which the school was not exempted. [PL 2011, c. 414, §5 (NEW).] B. If an authorizer revokes or does not renew a charter, the authorizer shall clearly state, in a resolution of its governing entity, the reasons for the revocation or nonrenewal. [PL 2011, c. 414, §5 (NEW).] C. The authorizer shall include in the charter contract a description of the standards and processes under which the authorizer may pursue revocation of the charter contract. The processes must comply with section 2410, subsection 2 and provide an opportunity for the public charter school to be heard prior to a decision on revocation. [PL 2011, c. 570, §12 (NEW).] [PL 2011, c. 570, §12 (AMD).]

7. Notification to commissioner and the Legislature. Within 10 days of taking action to renew, not renew or revoke a charter under this section, the authorizer shall report to the commissioner and the Legislature the action taken and shall provide a copy of the report to the public charter school at the same time that the report is submitted to the commissioner and the Legislature. The report must include a copy of the governing entity of the authorizer's resolution setting forth the action taken and reasons for the decision. [PL 2015, c. 54, §3 (AMD).]

8. School closure and dissolution. If a public charter school closes for any reason: A. The authorizer shall oversee and work with the closing public charter school to ensure timely notification to parents, orderly transition of students and student records and proper disposition of school funds, property and assets in accordance with the requirements of this chapter; [PL 2015, c. 448, §7 (AMD).] B. The assets of the public charter school must be distributed first to satisfy outstanding payroll obligations for employees of the public charter school and then to creditors of the public charter school. Any remaining funds must be paid to the Treasurer of State to the credit of the General Fund. If the assets of the public charter school are insufficient to pay all parties to whom the public charter school owes compensation, the prioritization of the distribution of assets may be determined by decree of a court of law; and [PL 2015, c. 448, §7 (AMD).] C. Education records for students transitioning to new schools must be transferred as required in section 6001-B . Education records for a person who for any reason, including graduation, will not be attending a public school in the State after closure of the public charter school must be transferred to the last school administrative unit of residence on record at the public charter school for that student and must be maintained by that school administrative unit in the same manner as education records of other resident students. [PL 2015, c. 448, §7 (NEW).] [PL 2015, c. 448, §7 (AMD).]

9. Charter transfers. A charter contract and its oversight may not be transferred from one authorizer to another before the expiration of the charter contract term except by mutual agreement of all parties. [PL 2011, c. 414, §5 (NEW).]
20-A M.R.S. § 1003 — ME Code / Title 20-A / Part 2 / Chapter 101 / Section 1003
20-A §1003. Commencement of term of office
Status: in_force

The term of newly elected school board members shall start: [PL 1981, c. 693, §§ 5, 8 (NEW).]

1. After election. Immediately upon being elected and sworn in; or [PL 1981, c. 693, §§ 5, 8 (NEW).]

2. Fixed date. On a fixed date established by the voters on an appropriate article at a properly called town meeting, the date shall be between the municipal election and July 1st. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 1476 — ME Code / Title 20-A / Part 2 / Chapter 103-A / Section 1476
20-A §1476. Powers and duties
Status: in_force

The regional school unit board: [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

1. Regional school unit name. May select an unofficial name for the regional school unit; [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

2. Finance committee. May elect a finance committee of 3 or more members, who must be directors; [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

3. Operating schools. Shall authorize and oversee the operation of schools within the regional school unit; [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

4. Purchase land outside the regional school unit. May purchase land outside of the geographical limits of the regional school unit and erect a school on that land if, because of the location of other schools within the regional school unit or transportation difficulties, a school within the geographical limits of the regional school unit would not be in the best interests of the regional school unit community; [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

5. Bylaws. Shall adopt bylaws for the regulation of the affairs of the regional school unit board and the conduct of its business; and [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

6. Gifts. May accept and receive money or other property, outright or in trust, for any specified benevolent or educational purpose. The regional school unit board shall comply with this subsection in accepting gifts. A. If the regional school unit board receives written notice from a prospective donor or a representative of the donor of a proposed gift, the regional school unit board shall submit the matter to its next regular meeting or shall call a special meeting and shall, within 10 days after the meeting, send written notice to the prospective donor or representative of its acceptance or rejection. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] B. If the gift is in trust, the regional school unit board shall cause the trust funds to be deposited or invested according to Title 30-A, chapter 223, subchapter 3-A . (1) Unless prohibited by a trust instrument, the regional school unit may treat any 2 or more trust funds as a single fund for the purposes of investment. (2) After deduction for management expenses, any interest earned or capital gains realized must be prorated among the various trust funds. (3) Property or securities included in the corpus of a trust fund must be retained where the trust instrument so provides. (4) Unless otherwise specified in the trust instrument, only the annual income from the trust fund may be spent. (5) If the regional school unit fails to comply with the terms of the trust instrument, the trust fund reverts to the donor or the donor's heirs. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] C. If the money or other property is a conditional gift for any specified benevolent or educational purpose, this paragraph applies. (1) Prior to the acceptance of a gift, the regional school unit board must obtain approval of the legislative body of the regional school unit. (2) When the donor's part of the agreement respecting the execution of the conditional gift has been completed, the regional school unit shall perpetually comply with, and may raise money to carry into effect, the conditions upon which it was made. (3) Unless otherwise specified by its terms, a conditional gift of money must be deposited or invested according to Title 30-A, chapter 223, subchapter 3-A . [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
20-A M.R.S. § 1479 — ME Code / Title 20-A / Part 2 / Chapter 103-A / Section 1479
20-A §1479. Program
Status: in_force

A regional school unit shall maintain a program that includes kindergarten to grade 12 except for the school administrative districts that did not operate kindergarten to grade 12 that were reformulated into regional school units in accordance with Public Law 2007, chapter 240, Part XXXX, section 36, subsection 12, as amended by Public Law 2007, chapter 668, section 48, and except for a regional school unit operating under a plan described in section 1461, subsection 3, paragraph B , subparagraph (2), divisions (a) to (c). [PL 2021, c. 537, §4 (AMD).]

1. Secondary school. A secondary school facility may be operated as a 4-year school, as a 6-year school for grades 7 to 12 or as 2 or more 3-year schools, except that students living in an area remote from a public school may be provided for under section 5204 . [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

2. Contracts for secondary school programs. In addition to the provisions for a secondary school facility set forth in subsection 1 , a regional school unit may contract with a nearby regional school unit or with a private school approved for tuition purposes for all or some of its secondary school students. The contract may run from a period of 2 to 10 years. The contract must also comply with section 2703 and may provide for the formation of a joint committee in accordance with section 2704 . A regional school unit in which a previous education unit has contracted for secondary school programs is bound by the terms of that contract, unless otherwise negotiated by the parties. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

3. Expiration of contract. After July 1, 2008, if a contract between a previous education unit and another previous education unit or a private school approved for tuition purposes expires, and the previous education unit that was the sending unit is a member of a regional school unit under this chapter, the provisions of this subsection apply. A. If the option of attending a public school in another school administrative unit or a private school approved for tuition purposes subject to chapter 219 was available to students in the previous education unit, that option continues to be available to students who reside in the municipalities that composed the previous education unit after the municipality's inclusion in the regional school unit. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] B. The regional school unit may negotiate a new contract pursuant to chapter 115 . [PL 2007, c. 668, §11 (AMD).] [PL 2007, c. 668, §11 (AMD).]

4. Absence of contract; maintenance of school choice opportunities. A school administrative unit that neither maintains a school nor contracts for school privileges pursuant to chapter 115 shall continue to pay tuition, in accordance with chapter 219 , for a student who resides in the school administrative unit at the public school or the private school approved for tuition purposes of the parent's choice at which the student is accepted, calculated in accordance with subsection 5 . [PL 2007, c. 668, §12 (AMD).]

5. Additional expense. In a regional school unit where some but not all of the students are attending school pursuant to this section, the sending municipality is responsible for the additional expense as calculated in accordance with this subsection. A. For each secondary school student who attends a public school in another school administrative unit, the sending municipality in a regional school unit is responsible for an amount equal to the difference in tuition in cases when it exceeds the amount of the regional school unit’s tuition rate calculated in accordance with section 5805 . [PL 2007, c. 668, §13 (AMD).] B. For each secondary school student who attends a private school approved for tuition purposes subject to the provisions of chapter 219 , the sending municipality in a regional school unit is responsible for an amount equal to the difference in tuition in cases when it exceeds the amount of the regional school unit’s tuition rate calculated in accordance with section 5805 . [PL 2007, c. 668, §13 (AMD).] Municipalities exercising school choice pursuant to this section are responsible for a local contribution in accordance with section 15688 and the additional expense calculated in accordance with this subsection. [PL 2007, c. 668, §13 (AMD).]
20-A M.R.S. § 6912 — ME Code / Title 20-A / Part 3 / Chapter 226 / Section 6912
20-A §6912. Liberal construction
Status: in_force

This chapter may be construed liberally to effect the interest and purpose of the corporation for an improved and expanded school-to-work and skills training system in the State and may be broadly interpreted to effect the corporation's intent and purpose and not as a limitation of powers. [PL 1993, c. 348, §1 (NEW).]
20-A M.R.S. § 1653 — ME Code / Title 20-A / Part 2 / Chapter 105 / Section 1653
20-A §1653. Election; vacancies
Status: in_force

1. Representation on school committees in districts that do not include kindergarten and grades one to 12; districts that include kindergarten and grades one to 12; starting date for term of office. Each member town's representation on the district's school committee, as determined pursuant to section 1651, subsection 2, paragraph C , must be chosen as follows. A. In a district that does not include kindergarten and grades one to 12, the school committee of each member town shall choose from its membership the representation on the community school district's school committee to which that town is entitled. Membership on the district's committee is coterminous with the member's term of office on the school committee of the town that the member represents. [PL 1991, c. 655, §3 (AMD).] B. In a district that includes kindergarten and grades one to 12, the member towns shall elect their representatives directly to the district's school committee as follows. (1) For the purpose of nominations, the members of the school committee are considered municipal officers and must be nominated in accordance with Title 30‑A, chapter 121 , or in accordance with a municipal charter, whichever is applicable. (2) Upon the election of the members to the school committee, the clerks of the several municipalities within the district shall forward the names of the members of the committee elected by each municipality to the secretary of the district's school committee. (3) The terms of office are determined by lot as follows: One third of the members of the school committee serve one-year terms; 1/3 serve 2-year terms; and 1/3 serve 3-year terms. In the event the number of members is not evenly divisible by 3, the terms of the members represented by the integer obtained by dividing the number of members by 3 are determined by the preceding sentence; if one member remains, that member serves a 3-year term; if 2 members remain, one serves a 3-year term; and one serves a 2-year term, to be determined by lot. The members of the school committee serve their terms as determined and an additional period until the next regular election of the municipalities. Thereafter, their terms of office date from the time of each municipality's regular election. In a city where elections are held biennially, the term of each member is for 4 years, dating from the time of the regular city election and, following the initial election, the members choose by lot to see who will serve for 4 years and who will serve for 2 years. Thereafter, each member is elected to serve for 4 years. [PL 1991, c. 655, §3 (AMD).] C. Notwithstanding paragraphs A and B , the voters of a district may vote on an appropriate article at meetings called by the municipal officers of the respective member towns to establish a fixed common date for all newly elected school committee members to assume their terms of office. The common date must be subsequent to the last annual municipal election within the district, but may be no later than July 1st of the next fiscal year. The adoption of such a common date is conditional upon the favorable passage of this article at each of the meetings of the member towns. This paragraph does not apply to commencement of terms of office of members elected to fill vacancies. Vacancies are filled for the remainder of the unexpired term as provided in subsection 2, paragraph A . [PL 2025, c. 112, §3 (AMD).] [PL 2025, c. 112, §3 (AMD).]

2. Vacancies caused by death or resignation; declaration of vacancy; attendance as nonvoting member. Vacancies caused by death or resignation are filled as follows. A. A vacancy on a school committee of a district that does not include kindergarten and grades one to 12, whether caused by death, by resignation or by a member having changed residence from the town that the member was elected to represent, must be filled by the school committee of the town in which the vacancy occurs. A similar vacancy on a school committee of a district that includes kindergarten and grades one to 12 must be filled by the municipal officers of the municipality in which the member resided. The municipal officers shall select a new member from the municipality in which the old member resided to serve until the next annual municipal election at which time a replacement must be elected to serve the remainder of the unexpired term. Evidence that an individual is registered to vote in a municipality is prima facie evidence of that individual's residency. [PL 1993, c. 668, §2 (AMD).] B. If any representative on the school committee in a community school district that does not include kindergarten and grades one to 12 is absent from 3 consecutive regular committee meetings, the committee may declare that a vacancy exists and the school committee in the representative's town may choose from among its members another representative to the community school committee. The new member must be chosen on the basis of seniority. Except in municipalities having a municipal charter, if any representative on the school committee in a community school district that includes kindergarten and grades one to 12 is absent without excuse from 3 consecutive regular committee meetings, the committee may declare that a vacancy exists. The municipality shall elect another representative to the community school committee in the same manner as provided for original election under subsection 1, paragraph B . The successor serves for the remainder of the unexpired term. [PL 1991, c. 655, §3 (AMD).] C. If a member of the school committee in a community school district that does not include kindergarten and grades one to 12 is absent from a meeting, the senior nonvoting member is allowed all the rights and privileges of the absent member. This paragraph applies only to a community with only one member on the community school committee. [PL 1991, c. 655, §3 (AMD).] [PL 1993, c. 668, §2 (AMD).]
20-A M.R.S. § 3808 — ME Code / Title 20-A / Part 2 / Chapter 123 / Section 3808
20-A §3808. Collective bargaining in education service centers
Status: in_force

1. Assumption of obligations, duties, liabilities and rights. On and after the operational date of an education service center, teachers and other employees whose positions are transferred from a school administrative unit to the education service center and were included in a bargaining unit represented by a bargaining agent, and for participating school administrative units, teachers and other employees who are subsequently employed by the education service center and were included in a bargaining unit and represented by a bargaining agent, continue to be included in the same bargaining unit and represented by the same bargaining agent pending completion of the bargaining agent and bargaining unit merger procedures and bargaining for initial education service center collective bargaining agreements covering education service center employees, as described in this section. After teachers and other employees become employees of the education service center, the education service center has the obligations, duties, liabilities and rights of a public employer pursuant to Title 26, chapter 9‑A with respect to those teachers and other employees. [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).]

2. Structure of bargaining units. All bargaining units of education service center employees must be structured on an education service center-wide basis. Teachers and other employees who are employed by the education service center to provide consolidated services must be removed from the existing bargaining units of teachers and other employees who are employed by each member school unit and merged into units of education service center employees. Merger into education service center-wide bargaining units is not subject to approval or disapproval of employees. Formation of education service center-wide bargaining units must occur in accordance with this subsection. A. In each education service center, there must be one bargaining unit of teachers, if any teachers are employed by the education service center, and, to the extent they are on the effective date of this paragraph included in bargaining units, other certified professional employees, excluding principals and other administrators. [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).] B. Any additional bargaining units in an education service center must be structured as follows. (1) In the initial establishment of such units, units must be structured primarily on the basis of the existing pattern of organization, maintaining the grouping of employee classifications into bargaining units that existed prior to the creation of the education service center and avoiding conflicts among different bargaining agents to the extent possible. (2) In the event of a dispute regarding the classifications to be included within an education service center-wide bargaining unit, the current bargaining agent or agents or the education service center may petition the Maine Labor Relations Board to determine the appropriate unit in accordance with this section and Title 26, section 966 . [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).] C. When there is the same bargaining agent in all bargaining units that will be merged into an education service center-wide bargaining unit, the units must be separated and merged on the operational date or the date represented employees are transferred to the education service center, whichever is applicable, and the education service center shall recognize the bargaining agent as the representative of the merged unit. [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).] D. When all bargaining units that will be separated and merged into an education service center-wide bargaining unit are represented by separate local affiliates of the same state labor organization, the units must be separated and merged on the operational date or the date represented employees are transferred to the education service center, whichever is applicable. The identity of a single affiliate that will be designated the bargaining agent for the merged unit must be selected by the existing bargaining agents and the state labor organization. Upon completion of the merger and designation of the bargaining agent and notification by the state labor organization to the education service center, the education service center shall recognize the designated bargaining agent as the representative of employees in the merged unit. If necessary, the parties shall then execute a written amendment to any collective bargaining agreement then in effect to change the name of the bargaining agent to reflect the merger. [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).] E. When there are bargaining units that will be separated and merged into an education service center-wide bargaining unit in which there are employees who are not represented by any bargaining agent and other employees who are represented either by the same bargaining agent or separate local affiliates of the same state labor organization, the units must be separated and merged on the operational date or the date represented employees are transferred to the education service center, whichever is applicable, as long as a majority of employees who compose the merged unit were represented by the bargaining agent prior to the merger. The procedures for separation and merger of separate local affiliates of the same state labor organization described in paragraph D must be followed if applicable. If prior to the merger a bargaining agent did not represent a majority of employees who compose the merged unit, a bargaining agent election must be conducted by the Maine Labor Relations Board pursuant to paragraph F . [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).] F. When bargaining units with different bargaining agents must be merged into a single education service center-wide bargaining unit pursuant to this section, the bargaining agent of the merged bargaining unit must be selected in accordance with Title 26, section 967 except as modified in this section. (1) A petition for an election to determine the bargaining agent must be filed with the Maine Labor Relations Board by any of the current bargaining agents or the education service center. (2) The petition must be filed not more than 90 days prior to the first August 31st occurring after either the 3rd anniversary date of the operational date of the education service center or the date on which positions are transferred from member school units to the education service center, whichever is later. (3) The election ballot may contain only the names of the bargaining agents of bargaining units that will be merged into the education service center-wide bargaining unit and the choice of no representative, but no other choices. A showing of interest is not required from any such bargaining agent other than its current status as representative. (4) The obligation to bargain with existing bargaining agents continues from the operational date of the education service center or the date on which positions are transferred from member school units to the education service center, whichever is later, until the determination of the bargaining agent of the education service center-wide bargaining unit under this section; but in no event may any collective bargaining agreement that is executed after the operational date extend beyond the first August 31st occurring after either the 3rd anniversary date of the operational date of the education service center or the date on which positions are transferred from member school units to the education service center, whichever is later. (5) The Maine Labor Relations Board shall expedite to the extent practicable all petitions for determination of the bargaining agent in the education service center filed pursuant to this section. (6) The bargaining units must be merged into an education service center-wide bargaining unit as of the date of certification of the results of the election by the Maine Labor Relations Board or the expiration of the collective bargaining agreements in the unit, whichever occurs later. (7) Until the first August 31st occurring after either the 3rd anniversary date of the operational date of the education service center or the date on which positions are transferred from member school units to the education service center, whichever is later, existing bargaining agents shall continue to represent the bargaining units that they represented on the day prior to the operational date of the education service center. If necessary, each bargaining agent and the education service center must negotiate interim collective bargaining agreements to expire the first August 31st occurring after either the 3rd anniversary date of the operational date of the education service center or the date on which positions are transferred from member school units to the education service center, whichever is later. (8) When there are 2 or more bargaining units in which there are employees who are represented either by the same bargaining agent or by separate local affiliates of the same state labor organization that will be merged into an education service center-wide bargaining unit with one or more other bargaining units pursuant to the election procedures described in this paragraph, the bargaining units that are represented either by the same bargaining agent or by separate local affiliates of the same state labor organization must merge as of the operational date. The procedures for merger of separate local affiliates of the same state labor organization described in paragraph D must be followed if applicable. [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).] [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).]

3. Agent to engage in collective bargaining. After the merger of bargaining units in an education service center, the bargaining agent of an education service center-wide bargaining unit and the education service center shall engage in collective bargaining for a collective bargaining agreement for the education service center-wide bargaining unit. In the collective bargaining agreement for each education service center-wide bargaining unit, the employment relations, policies, practices, salary schedules, hours and working conditions throughout the education service center must be made uniform and consistent as soon as practicable. In the event that the parties are unable to agree upon an initial education service center-wide collective bargaining agreement, the parties shall use the dispute resolution procedures pursuant to Title 26, section 965 to resolve their differences. [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).]

4. Application of collective bargaining agreements. On and after the operational date of an education service center, but before the completion of negotiations for a single education service center-wide collective bargaining agreement for the education service center-wide bargaining unit, the wages, hours and working conditions of an employee of the education service center who is in a bargaining unit and who is reassigned to a different position that is in a different bargaining unit but that upon the completion of the merger of bargaining units will be included in the same education service center-wide bargaining unit must be determined by the terms of the collective bargaining agreement that applies to the position to which the employee is reassigned, except as provided in this subsection. A. If the application of the collective bargaining agreement that applies to the position to which the employee is reassigned would cause a reduction in the employee's wage or salary rate, the employee's wage or salary rate must be maintained at the rate the employee was paid immediately prior to the reassignment until the completion of negotiations for a single education service center-wide collective bargaining agreement for the education service center-wide bargaining unit or the applicable collective bargaining agreement requires a higher wage or salary rate for the employee, whichever occurs sooner. [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).] B. If the application of the existing collective bargaining agreement that applies to the position to which the employee is reassigned would cause a reduction in the amount that is paid by the education service center for premiums for health insurance for the employee and the employee's dependents, the education service center's payment must be maintained at the amount that was paid immediately prior to the reassignment until the completion of negotiations for a single education service center-wide collective bargaining agreement for the education service center-wide bargaining unit or the applicable collective bargaining agreement requires a higher payment, whichever occurs sooner. [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).] C. If the application of the existing collective bargaining agreement that applies to the position to which the employee is reassigned provides for coverage under a different health insurance plan, the employee may elect to retain coverage under the health insurance plan in which the employee was enrolled immediately prior to reassignment if the eligibility provisions of the plan permit until the completion of negotiations for a single education service center-wide collective bargaining agreement for the education service center-wide bargaining unit. [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).] [PL 2019, c. 219, §12 (REV); PL 2019, c. 460, §3 (NEW).]
20-A M.R.S. § 15689-A — ME Code / Title 20-A / Part 7 / Chapter 606-B / Section 15689-A
20-A §15689-A. Authorization of payment of targeted education funds
Status: in_force

1. Payment of state agency client costs. State agency client costs are payable pursuant to this subsection. As used in this subsection, "state agency client" has the same meaning as defined in section 1, subsection 34‑B . A. The commissioner shall approve special education costs and supportive services, including transportation, for all state agency clients placed in residential placements by an authorized agent of a state agency. [PL 2005, c. 2, Pt. D, §61 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] B. Special education costs authorized by this subsection for state agency clients must be paid by the department in the allocation year at 100% of actual costs. [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).] C. The commissioner shall pay only approved special education costs and supportive services, including transportation, authorized by this subsection for state agency clients and may not allocate for those special education costs and supportive services, including transportation, incurred by the school administrative unit for state agency clients in the base years starting July 1, 1985, and every base year thereafter. [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).] D. Transportation costs for state agency clients, when provided in accordance with rules established by the commissioner under section 7204 , must be paid by the department in the allocation year at 100% of actual costs. [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).] E. The commissioner may pay tuition to school administrative units or private schools for the education of institutional residents within the limits of the allocation made under this section. [PL 2017, c. 284, Pt. C, §54 (NEW).] F. The commissioner may deduct from these funds and pay on behalf of the state agency clients allowable school-based costs that represent the State's portion of MaineCare payments. A transfer of payment by the department to the Department of Health and Human Services must be made pursuant to a schedule agreed upon by the Department of Health and Human Services and the department and in a manner that remains in compliance with federal intergovernmental transfer requirements. [PL 2017, c. 284, Pt. C, §54 (NEW).] [PL 2023, c. 449, §8 (AMD).]

2. Education of institutional residents. [PL 2017, c. 284, Pt. C, §54 (RP).]

3. Essential programs and services components contract. The commissioner may contract for the updating of the essential programs and services component with a statewide education research institute. [PL 2005, c. 2, Pt. D, §61 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

4. Learning results implementation, assessment and accountability. [PL 2017, c. 284, Pt. C, §54 (RP).]

5. Regionalization, consolidation and efficiency assistance. [PL 2007, c. 240, Pt. D, §7 (RP).]

6. Education research contract. [PL 2019, c. 616, Pt. C, §7 (RP).]

7. Disbursement limitations. The funds disbursed in accordance with this section are limited to the amounts appropriated by the Legislature for these purposes except as provided in subsection 12 . [PL 2021, c. 694, §2 (AMD); PL 2021, c. 694, §4 (AFF).]

8. Laptop program. [PL 2017, c. 284, Pt. C, §54 (RP).]

9. Emergency bus loan. The commissioner may pay annual payments for an emergency bus loan. [PL 2005, c. 12, Pt. D, §3 (NEW).]

10. Data management and support services for essential programs and services. The commissioner may pay costs attributed to system maintenance and staff support positions that provide professional and administrative support to general purpose aid for local schools necessary to implement the requirements of the Essential Programs and Services Funding Act. [PL 2017, c. 284, Pt. C, §54 (AMD).]

11. Courses for credit at eligible postsecondary institutions. The commissioner may pay costs for secondary students to take postsecondary courses at eligible institutions. For the purposes of this subsection, "secondary student" includes a student in a home instruction program pursuant to section 5001‑A, subsection 3, paragraph A , subparagraph (4) but does not include a student that is not a resident of the State pursuant to section 5205, subsection 10 . [PL 2013, c. 368, Pt. C, §14 (AMD).]

12. National board certification salary supplement. The commissioner shall pay annual salary supplement payments to a school administrative unit, a publicly supported secondary school or an education service center as authorized under chapter 123 for payment to school teachers who have attained certification from the National Board for Professional Teaching Standards or its successor organization pursuant to section 13007, subsection 2, paragraph D and section 13013‑A . [PL 2023, c. 646, Pt. A, §22 (RPR).]

12-A. Learning through technology. The commissioner may pay costs attributed to professional and administrative staff support, professional development and training in the use of open educational resources and open-source textbooks and system maintenance for a program that promotes learning through technology. A transfer of All Other funds from the General Purpose Aid for Local Schools account to the All Other line category in the Learning Through Technology General Fund nonlapsing account sufficient to support the All Other costs and the agreement that provides one-to-one wireless computers for 7th grade, 8th grade and high school students and educators may occur annually by financial order upon recommendation of the State Budget Officer and approval of the Governor. [PL 2017, c. 284, Pt. C, §54 (AMD).]

13. Jobs for Maine's Graduates. The commissioner may expend and disburse funds for the Jobs for Maine's Graduates in accordance with the provisions of chapter 226 . [PL 2007, c. 240, Pt. C, §4 (NEW).]

14. Maine School of Science and Mathematics. The commissioner may expend and disburse funds for the Maine School of Science and Mathematics in accordance with the provisions of chapter 312 . [PL 2007, c. 240, Pt. C, §5 (NEW).]

15. Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf. The commissioner may expend and disburse funds for the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf in accordance with provisions of chapter 304 . [PL 2007, c. 240, Pt. C, §6 (NEW).]

16. Transportation administration. The commissioner may pay costs attributed to professional and administrative staff support and system maintenance necessary to implement the transportation requirements of this chapter and chapter 215 . [PL 2017, c. 284, Pt. C, §54 (AMD).] Revisor's Note: (Subsection 16 as enacted by PL 2007, c. 539, Pt. W, §2 is REALLOCATED TO TITLE 20-A, SECTION 15689-A, SUBSECTION 18)

17. Special education and coordination of services for juvenile offenders. The commissioner may pay certain costs attributed to staff support and associated operating costs for providing special education and providing coordination of education, treatment and other services to juvenile offenders at youth development centers in South Portland. A transfer of All Other funds from the General Purpose Aid for Local Schools account to the Personal Services and All Other line categories in the Long Creek Youth Development Center General Fund account within the Department of Corrections, sufficient to support 2 Teacher positions, one Education Specialist II position and one Office Associate II position, may occur annually by financial order upon recommendation of the State Budget Officer and approval of the Governor. [PL 2017, c. 284, Pt. C, §54 (AMD).]

18. (REALLOCATED FROM T. 20-A, §15689-A, sub-§16) Coordination of services for juvenile offenders. [PL 2017, c. 284, Pt. C, §54 (RP).]

19. Miscellaneous costs limitations. The amounts of the miscellaneous costs pursuant to this section are limited to the amounts appropriated by the Legislature for these costs. [PL 2009, c. 213, Pt. C, §14 (NEW).]

20. Center of Excellence for At-risk Students. [PL 2017, c. 284, Pt. C, §54 (AMD); MRSA T. 20-A §15689-A, sub-§20 (RP).]

21. Fund for the Efficient Delivery of Educational Services. The commissioner may expend and disburse funds from the Fund for the Efficient Delivery of Educational Services in accordance with the provisions of chapter 114‑A . [PL 2011, c. 655, Pt. C, §11 (NEW).]

22. MaineCare seed for school administrative units. [PL 2017, c. 284, Pt. C, §54 (RP).]

23. Comprehensive early college programs. The commissioner may expend and disburse funds to support early college programs that: A. Provide secondary students with the opportunity to graduate from high school in 4 years with a high school diploma and at least 30 regionally accredited transferable postsecondary credits allowing for completion of an associate degree within one additional year of postsecondary schooling; [PL 2013, c. 368, Pt. C, §15 (NEW).] B. Involve a high school, a career and technical education center or region and one or more institutions of higher education; [PL 2013, c. 368, Pt. C, §15 (NEW).] C. Organize students into cohort groups and provide them with extensive additional guidance and support throughout the program with the goals of raising aspirations, increasing employability and encouraging postsecondary degree attainment; and [PL 2013, c. 368, Pt. C, §15 (NEW).] D. Maintain a focus on serving students who might not otherwise pursue a postsecondary education. [PL 2013, c. 368, Pt. C, §15 (NEW).] [PL 2013, c. 595, Pt. C, §6 (AMD).]

24. Postsecondary education attainment in Androscoggin County. [PL 2017, c. 284, Pt. C, §54 (RP).]

25. Community schools. The commissioner may expend and disburse funds for the establishment of community schools in accordance with the provisions of chapter 333 and may apply for available federal funds in support of community school implementation and expansion. [PL 2021, c. 398, Pt. C, §4 (AMD).] Revisor's Note: (Subsection 25 as enacted by PL 2015, c. 363, §5 is REALLOCATED TO TITLE 20-A, SECTION 15689-A, SUBSECTION 26)

26. (REALLOCATED FROM T. 20-A, §15689-A, sub-§25) Maine School for Marine Science, Technology, Transportation and Engineering. [PL 2023, c. 607, §15 (RP).]

27. Regional school leadership academies. [PL 2019, c. 70, §8 (RP).]

28. Rural schools. The commissioner may pay costs to provide musical instruments and professional development in rural schools. [PL 2019, c. 616, Pt. C, §8 (NEW).]
20-A M.R.S. § 10982 — ME Code / Title 20-A / Part 5 / Chapter 412-B / Section 10982
20-A §10982. Family development account program
Status: in_force

The university shall administer the family development account program to allow eligible persons to establish savings accounts to be used for education, job training, purchase or repair of a home, purchase or repair of a vehicle for access to work or education, capitalization of a small business, health care costs over $500 not covered by private or public insurance or other basic necessity. The program is designed to encourage savings as a means of investing in the future and investing in the people, institutions and businesses of the State. [PL 2019, c. 239, §4 (NEW).]

1. Soliciting proposals. The university shall, on a schedule established by the university, solicit proposals from community development organizations seeking to administer family development accounts on a nonprofit basis. The university may not limit the number of community development organizations participating based solely upon geographic region. The proposals must include: A. A process for including account holders in decision making regarding the investment of funds in the accounts; [PL 2019, c. 239, §4 (NEW).] B. The specific populations the community development organization plans to identify for participation in the program; and [PL 2019, c. 239, §4 (NEW).] C. A requirement that deposits into accounts must be accepted from account holders with or without matching contributions and from community development organizations. [PL 2019, c. 239, §4 (NEW).] [PL 2019, c. 239, §4 (NEW).]

2. Reviewing proposals. In reviewing the proposal of a community development organization, the university shall establish criteria to use that must include the following factors: A. The nonprofit status of the community development organization; [PL 2019, c. 239, §4 (NEW).] B. The fiscal accountability of the community development organization; [PL 2019, c. 239, §4 (NEW).] C. The ability of the community development organization to provide or raise money for matching contributions and to establish and administer a family development account reserve fund; and [PL 2019, c. 239, §4 (NEW).] D. The significance and quality of proposed auxiliary services and their relationship to the goals of the family development account program. [PL 2019, c. 239, §4 (NEW).] [PL 2019, c. 239, §4 (NEW).]

3. Administrative costs. No more than 15% of the family development account reserve fund may be used for administrative costs of the program. [PL 2019, c. 239, §4 (NEW).]

4. Establishment of accounts. A financial institution approved by the university may establish family development accounts pursuant to this chapter. The financial institution shall certify to the university in the manner required by the university that accounts have been established pursuant to the provisions of this chapter and that deposits have been made on behalf of account holders. A financial institution establishing a family development account shall: A. Keep the account in the name of the account holder; [PL 2019, c. 239, §4 (NEW).] B. Permit deposits to be made into the account by the account holder or a community development organization on behalf of the account holder, including money deposited to match the account holder's deposits. Matching contribution deposits may not exceed $4,000 per year and must be approved in writing by the community development organization. An account with a balance exceeding $10,000 is ineligible for matching contribution deposits; [PL 2019, c. 239, §4 (NEW).] C. Credit interest to the account at a rate equal to or higher than the rate applicable to comparable accounts within the financial institution; [PL 2019, c. 239, §4 (NEW).] D. Permit the account holder to withdraw money from the account for any of the purposes listed in section 10983, subsection 1 ; and [PL 2019, c. 239, §4 (NEW).] E. Require the account holder to allow the financial institution to provide all account information to the community development organization. [PL 2019, c. 239, §4 (NEW).] [PL 2019, c. 239, §4 (NEW).]

5. Appeals. Any dispute between the account holder and the community development organization may be appealed to the university. Any adverse decision of the university may be appealed to the Superior Court pursuant to Title 5, chapter 375, subchapter 7 . [PL 2019, c. 239, §4 (NEW).]

6. Rules; stakeholders. The university may adopt rules to implement and administer the provisions of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . In administering the program and periodically assessing its effectiveness, the university may consult with stakeholders from the community, including but not limited to program participants, community development organizations and financial institutions, as well as organizations representing the interests of low-income persons in the State. [PL 2019, c. 239, §4 (NEW).]
20-A M.R.S. § 1472 — ME Code / Title 20-A / Part 2 / Chapter 103-A / Section 1472
20-A §1472. Methods of apportionment
Status: in_force

1. Method A: subdistrict representation. Under the method of representation referred to as "Method A," directors represent subdistricts. A. The subdistricts, as far as practicable, must be whole municipalities. If the municipalities are divided into subdistricts, then they must be divided into subdistricts of approximately equal size as determined by the latest Federal Decennial Census or Federal Estimated Census. The municipal officers shall provide a separate voting place for each subdistrict of the municipality. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] B. The boundaries of each subdistrict must be determined by a majority vote of the reapportionment committee under section 1475 . Each subdistrict must have one director, except that in a municipality composed of 2 or more subdistricts, the joint meeting may authorize the election of directors-at-large. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

2. Method B: weighted votes. Under the method of representation referred to as "Method B," directors cast weighted votes. A. The reapportionment committee under section 1475 shall apportion 1,000 votes among all the members of the board. The ratio of the number of votes cast by the directors representing a municipality in relation to the number 1,000 must be the same ratio to the nearest whole number as the population of the municipality is in relation to the population of all municipalities in the regional school unit, as determined by the latest Federal Decennial Census or Federal Estimated Census. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] B. To ensure the use of whole numbers, the 1,000 votes apportioned among the board members may not be increased or decreased by more than 5 votes. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] C. A plan may not permit the voting power of any director to exceed by more than 5% the percentage of voting power the director would have if all 1,000 votes were apportioned equally among the directors. [PL 2007, c. 668, §7 (AMD).] D. In a municipality served by 2 or more directors, the votes cast by them must be divided equally among them. The directors are elected at large within the municipality unless otherwise provided by municipal charter. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] [PL 2007, c. 668, §7 (AMD).]

3. Method C: at-large voting . Under the method of representation referred to as "Method C," directors are elected at large by all of the voters in the regional school unit. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]

4. Method D: other. Under the method of representation referred to as "Method D," directors are elected by any method other than those set forth in subsections 1 , 2 and 3 that meets the requirements of the one-person, one-vote principle. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
20-A M.R.S. § 13701 — ME Code / Title 20-A / Part 6 / Chapter 508 / Section 13701
20-A §13701. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 635, Pt. A, §3 (NEW).]

1. Educator. "Educator" means a teacher or a principal. [PL 2011, c. 635, Pt. A, §3 (NEW).]

2. Effectiveness rating. "Effectiveness rating" means the level of effectiveness of an educator derived through implementation of a performance evaluation and professional growth system. [PL 2011, c. 635, Pt. A, §3 (NEW).]

3. Performance evaluation and professional growth system. "Performance evaluation and professional growth system" or "system" means a method developed in compliance with this chapter by which educators are evaluated, rated on the basis of effectiveness and provided opportunities for professional growth. [PL 2011, c. 635, Pt. A, §3 (NEW).]

4. Professional improvement plan. "Professional improvement plan" means a written plan developed by a school or district administrator with input from an educator that outlines the steps to be taken over the coming year to improve the effectiveness of the educator. The plan must include but need not be limited to appropriate professional development opportunities. [PL 2011, c. 635, Pt. A, §3 (NEW).]

5. Summative effectiveness rating. "Summative effectiveness rating" means the effectiveness rating of an educator that is assigned at the end of an evaluation period. Ratings or comments provided to the educator during the evaluation period for the purpose of providing feedback, prior to assignment of a final effectiveness rating, are not summative effectiveness ratings. [PL 2011, c. 635, Pt. A, §3 (NEW).]
20-A M.R.S. § 15906 — ME Code / Title 20-A / Part 7 / Chapter 609 / Section 15906
20-A §15906. Suits challenging school bond issues, security required
Status: in_force

In any action challenging the validity of the issuance of bonds for a school construction project authorized and approved under this chapter, or seeking to enjoin the commencement, construction or completion of any such school construction project, the following shall apply. [PL 1981, c. 693, §§ 5, 8 (NEW).]

1. The plaintiff to provide security. If the court has granted a motion to dismiss or has granted summary judgment against the plaintiff, the court may require the plaintiff to provide security during the period of any appeal from that judgment to cover any costs or damages as may be incurred or suffered by any party resulting from delay of the project, including any loss of purchasing power during the period of delay. [PL 1981, c. 693, §§ 5, 8 (NEW).]

2. The amount of security. In determining the amount of security to be required, the court shall consider a recognized index of building costs, the consumer price index and other relevant evidence concerning the cost of the project and the estimated period of delay during the appeal. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 9202 — ME Code / Title 20-A / Part 4 / Chapter 321 / Section 9202
20-A §9202. Application form; fee; bond
Status: in_force

1. Application requirements; certification period; bonding and revocation of certificate. The application for a certificate of approval required in section 9201 must be made on forms furnished by the commissioner and be accompanied by a fee of $100 and a surety bond in the penal sum of $10,000. A. A certificate is valid for the calendar year in which it is issued. [PL 1991, c. 131, §2 (AMD).] B. The bond must be continuous and provide indemnification to any student suffering loss as a result of any fraud or misrepresentation by the school. The bond must provide for written notification by the surety to the department in the event of cancellation. Cancellation of the bond by the surety results in the revocation of the certificate of approval. [PL 1991, c. 131, §2 (AMD).] [PL 1991, c. 131, §2 (AMD).]

2. Renewal. A fee of $50 is charged for the renewal of a certificate. [PL 1991, c. 131, §3 (AMD).]

3. General Fund. All fees collected for the issuance or renewal of a certificate shall be deposited in the State Treasury. [PL 1981, c. 693, §§5, 8 (NEW).]
20-A M.R.S. § 2901 — ME Code / Title 20-A / Part 2 / Chapter 117 / Section 2901
20-A §2901. Requirement for basic school approval
Status: in_force

A private school may operate as an approved private school for meeting the requirement of compulsory school attendance under section 5001-A if it: [RR 2005, c. 2, §12 (COR).]

1. Hygiene, health, safety. Meets the standards for hygiene, health and safety established by applicable law and rule; and [PL 1985, c. 797, §20 (AMD).]

2. Is either: A. Currently accredited by a New England association of schools and colleges; or [PL 2017, c. 342, §1 (AMD).] B. Meets applicable requirements of this Title pertaining to private schools and the department's requirements for approval for attendance purposes adopted under section 2902 . [PL 1985, c. 797, §21 (AMD).] [PL 2017, c. 342, §1 (AMD).]
20-A M.R.S. § 1484 — ME Code / Title 20-A / Part 2 / Chapter 103-A / Section 1484
20-A §1484. Checklist required
Status: in_force

Beginning with the budget for the 2008-2009 school year, prior to a vote on articles dealing with regional school unit appropriations, the moderator of a regular or special regional school unit budget meeting shall require the clerk or secretary of the regional school unit board to make a checklist of the registered voters present. The number of voters listed on the checklist is conclusive evidence of the number present at the meeting. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
20-A M.R.S. § 4702 — ME Code / Title 20-A / Part 3 / Chapter 207-A / Section 4702
20-A §4702. Special education
Status: in_force

Elementary and secondary schools shall provide special education and related services in accordance with chapters 301 and 303 . [PL 1983, c. 859, Pt. C, §§ 5, 7 (NEW).]
20-A M.R.S. § 2404 — ME Code / Title 20-A / Part 2 / Chapter 112 / Section 2404
20-A §2404. Public charter school eligibility; enrollment
Status: in_force

1. Eligibility. Any student residing in the State is eligible to apply to a public charter school. [PL 2011, c. 414, §5 (NEW).]

1-A. Virtual public charter school eligibility. In addition to the provision in subsection 1 , a dependent of a member of the United States Armed Forces who has received official military orders to relocate to this State is eligible to apply to a virtual public charter school. [PL 2021, c. 248, §1 (NEW).]

2. Enrollment. A public charter school shall enroll students in accordance with this subsection. A. Public charter school organizers shall include all segments of the populations served by the existing noncharter public schools in their area in their recruitment efforts. [PL 2011, c. 414, §5 (NEW).] B. A public charter school shall enroll all students who wish to attend the school, unless the number of students exceeds the enrollment capacity of a program, class, grade level or building. [PL 2011, c. 414, §5 (NEW).] C. Except as provided in paragraphs G , H and I , if capacity is insufficient to enroll all students who wish to attend the school, the public charter school shall select students through a random selection process. A list maintained to fill potential vacancies may be carried over to the succeeding year. [PL 2023, c. 405, Pt. A, §41 (AMD).] D. For a school administrative unit with an enrollment of 500 or fewer students, a public charter school, unless authorized by a school administrative unit, may not enroll more than 5% of a school administrative unit's noncharter public school students per grade level in each of the first 3 years of the public charter school's operation, except that if 5% of a school administrative unit's noncharter public school students per grade level is less than one, a public charter school may enroll one student of the school administrative unit per grade level in each of the first 3 years. [PL 2015, c. 448, §3 (AMD).] E. For a school administrative unit with an enrollment of more than 500 students, a public charter school, unless authorized by a school administrative unit, may not enroll more than 10% of a school administrative unit's noncharter public school students per grade level in each of the first 3 years of the public charter school's operation. [PL 2011, c. 414, §5 (NEW).] F. A public charter school may limit enrollment to pupils within a given age group or grade level and may be organized around a special emphasis, theme or concept as stated in the school's application for a charter contract pursuant to section 2407 . [PL 2011, c. 414, §5 (NEW).] G. A public charter school authorized by a local school board or by a collaborative among local school boards and any noncharter public school converting partially or entirely to a public charter school shall adopt and maintain a policy that gives enrollment preference to pupils who reside within a school administrative unit whose school board authorizes that public charter school or within the former attendance area of that noncharter public school. [PL 2015, c. 448, §4 (AMD).] H. A public charter school shall give enrollment preference to pupils enrolled in the public charter school the previous school year and to siblings of pupils already enrolled in the public charter school. [PL 2011, c. 414, §5 (NEW).] I. A public charter school may give enrollment preference to children of a public charter school's founders, governing board members and full-time employees, as long as they constitute no more than 10% of the school's total student population. [PL 2011, c. 414, §5 (NEW).] J. A public charter school may enroll students from outside the State if space is available. [PL 2011, c. 414, §5 (NEW).] [PL 2023, c. 405, Pt. A, §41 (AMD).]

3. Discrimination prohibited. A public charter school may not discriminate on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, gender identity, income level, disabling condition, proficiency in the English language or academic or athletic ability, except that nothing in this subsection may be construed to limit the formation of a public charter school that is dedicated to focusing education services on at-risk pupils, students with disabilities and students who pose such severe disciplinary problems that they warrant a specific education program. [PL 2021, c. 366, §27 (AMD).]

4. Maximum virtual public charter school enrollment. The total enrollment at all virtual public charter schools authorized by the commission may not exceed 1,000 students. [PL 2019, c. 253, §1 (NEW).]
20-A M.R.S. § 10956 — ME Code / Title 20-A / Part 5 / Chapter 412 / Section 10956
20-A §10956. Security for indebtedness; trust agreement
Status: in_force

To secure the payment of any indebtedness established or issued pursuant to this chapter, the university may mortgage any project or any part of the project and create a lien upon any or all of the revenues of any project or projects or upon any or all of the real or personal property constituting a part of any project or projects or upon any interests the university may hold in connection with a project or projects. Any trust agreement, financing document or resolution may contain such other provisions as the university determines reasonable and proper for the security of the holders of evidences of indebtedness. [PL 1987, c. 735, §14 (NEW).]

A trust agreement or financing document containing a mortgage in respect of a project or projects or any part of a project, may authorize the trustee or mortgagee, as the case may be, in the event of a default as defined in respect to the evidences of indebtedness issued to provide for the costs of such project or projects or any part of a project, to take possession of all or any part of the mortgaged property constituting the project or projects or any part of a project, to hold, operate and manage the property and, with or without such taking of possession, to sell or from time to time to lease the property. Remedies provided under this chapter are not exclusive and these remedies shall be in addition to every other remedy existing at law, in equity. Upon satisfaction at any time of the obligations secured by the mortgage in respect of a project, projects or any part of a project, which shall be deemed to include all applicable fees and expenses, any surplus proceeds from such operation, sale or lease of such project or projects or any part of a project shall be paid to the mortgagor of a project, projects or any part of a project or to those claiming under the mortgagor, and subject to any sale or lease under this paragraph, the mortgaged property in respect of the project shall revert or be returned to the mortgagor or to those claiming under the mortgagor. [PL 1987, c. 735, §14 (NEW).]

In the discretion of the university, any evidences of indebtedness issued under this chapter may be secured by a trust agreement by and between the university and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such a trust agreement or the resolution providing for the issuance of such evidences of indebtedness may pledge or assign all or any portion of the revenues of any project or projects or any other assets of a project or projects and may contain such provisions for protecting and enforcing the rights and remedies of the holders of evidences of indebtedness as may be reasonable and proper and not in violation of law. The provisions may include covenants setting forth the duties of the university in relation to the acquisition of property and the construction, reconstruction, renewal, replacement and insurance of any project in connection with which such evidences of indebtedness shall have been authorized, the fees, tuition, charges, or rents to be charged or other payments to be made for the use of the property or payment for the property, and the custody, safeguarding and application of all money. Any such trust agreement may set forth the rights and remedies of the holders of evidences of indebtedness and of the trustee, and may restrict the individual right of action by holders of evidences of indebtedness. [PL 1987, c. 735, §14 (NEW).]

All expenses incurred in carrying out the trust agreement, financing document or resolution may be treated as a part of the cost of the operation of a project. All pledges of revenues under this chapter are valid and binding from the time when the pledge is made. All such revenues so pledged and received by the university must immediately be subject to the lien of the pledges without any physical delivery of them or further action under the Uniform Commercial Code, Title 11 , or otherwise. The lien of those pledges is valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the university irrespective of whether the parties have notice of the liens, and the liens are automatically, without further action, perfected and have the same status as a security interest perfected under the Uniform Commercial Code, Title 11, Article 9‑A . [PL 1999, c. 699, Pt. D, §18 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).]
20-A M.R.S. § 8464 — ME Code / Title 20-A / Part 4 / Chapter 313 / Section 8464
20-A §8464. Budget failure
Status: in_force

The following applies in the event of a budget failure as defined in section 8301-A . [PL 1991, c. 518, §29 (AMD).]

1. Submission of a contingency plan. If a budget failure exists after August 1st of any fiscal year, the cooperative board shall submit to the state board a financial statement with an operational plan indicating how the cooperative board intends to reorganize or terminate the region's career and technical education programs. [PL 1991, c. 518, §29 (AMD); PL 2005, c. 397, Pt. D, §3 (REV).]

2. Payment of the state subsidy to the cooperative board. If a budget failure exists, the State shall pay directly to the cooperative board each unit's state subsidy for career and technical education within the region. [PL 1991, c. 518, §29 (AMD); PL 2005, c. 397, Pt. D, §3 (REV).]

3. Expenditure of available funds. If a budget failure exists after June 30th, the cooperative board may expend balances and available revenues until the region is reorganized or terminated or until a budget is approved pursuant to this chapter. [PL 1991, c. 518, §29 (AMD).]

4. Anticipatory borrowing. The cooperative board may borrow funds not to exceed 50% of the state subsidy anticipated to be received in the fiscal year by units in the region. Such borrowing must be repaid within the same fiscal year. [PL 1991, c. 518, §29 (AMD).]
20-A M.R.S. § 12706 — ME Code / Title 20-A / Part 5 / Chapter 431 / Section 12706
20-A §12706. Powers and duties of the board of trustees
Status: in_force

The powers and duties of the board of trustees shall include the following: [PL 1985, c. 695, §11 (NEW).]

1. Policies. To develop and adopt policies for the operation of the system, the Maine Community College System Office and the colleges; establish the presidents' council; and approve programs and policies recommended by the president of the system and the presidents' council; [PL 2017, c. 179, §4 (AMD).]

2. Administration. To oversee the administration of the system; [PL 1985, c. 695, §11 (NEW).]

3. Bylaws and seal. To develop and adopt bylaws for the regulation of its affairs and the conduct of its business and develop and adopt an official seal and alter it as necessary or convenient; [PL 1985, c. 695, §11 (NEW).]

4. Budget development. To prepare and adopt a biennial, line-category, operating budget for presentation to the Governor and the Legislature, incorporating all projected expenditures and all resources expected or proposed to be made available to fund the operations of the system. The budget is to be used in support of any requests to the Legislature for General Fund appropriations that the board of trustees may deem appropriate and necessary to supplement other resources available to the system and shall also serve as the foundation for an annual fiscal management plan for the system; [PL 1985, c. 695, §11 (NEW).]

4-A. Public improvements budgetary submission. To prepare and adopt a biennial capital improvements budget for presentation to the Governor and the Legislature, incorporating all projected expenditures and all resources expected or proposed to be made available to fund public improvements, as defined by Title 5, section 1741 , for the system. In accordance with Title 5, section 1742‑C, subsection 3 , the system's public improvements budget must be developed with the advice and assistance of the Bureau of General Services and must represent the capital improvement priorities within the system; [PL 2013, c. 368, Pt. R, §4 (AMD).]

5. Fiscal management. To receive, expend, allocate and transfer funds within the system, as necessary to fulfill the purposes of this chapter, in accordance with the biennial, line-category, operating budget; [PL 1991, c. 376, §34 (AMD).]

6. Loans and grants. To receive and accept, from any source, loans, aid or contributions of money, property, labor or other things of value to be held, used or applied to carry out the purposes of this chapter, subject to the conditions upon which the loans, grants and contributions may be made, including, but not limited to, loans, grants or gifts from any federal agency or governmental subdivision or the State and its agencies; [PL 1985, c. 695, §11 (NEW).]

7. Fees and charges. To establish and collect room and board fees and tuition and to set policies relating to other charges, including fees for the reasonable use of the colleges' facilities by others, as determined necessary by the board of trustees for the efficient administration of this chapter, to be credited to a separate fund and used for the purposes of this chapter; [PL 1991, c. 376, §35 (AMD).]

8. Investments. Except as otherwise provided in this chapter, to invest any funds not needed for immediate use, including any funds held in reserve, in property and securities in which fiduciaries in the State may legally invest funds; [PL 1985, c. 695, §11 (NEW).]

9. Contracts and agreements. To enter into any contracts, leases and agreements and any other instruments and arrangements that are necessary, incidental or convenient to the performance of its duties and the execution of its powers under this chapter, except that in any such agreement other than an employment agreement the following provisions against the system are void: A. Any requirement that the system must waive its governmental immunity or limited liability; [PL 2017, c. 179, §5 (NEW).] B. Any requirement that the system must carry insurance in addition to or in excess of its existing insurance; [PL 2017, c. 179, §5 (NEW).] C. Any requirement that the system must defend, indemnify or hold harmless any other party; [PL 2017, c. 179, §5 (NEW).] D. Any requirement that the system must submit to the law of a state other than this State; [PL 2017, c. 179, §5 (NEW).] E. Any requirement that the system must waive its insurer's rights of subrogation; [PL 2017, c. 179, §5 (NEW).] F. Any requirement that the system must pay another party's attorney's fees; and [PL 2017, c. 179, §5 (NEW).] G. Any requirement that the agreement is subject to an automatic renewal other than month to month; [PL 2017, c. 179, §5 (NEW).] [PL 2017, c. 288, Pt. C, §2 (AMD); PL 2017, c. 288, Pt. C, §4 (AFF).]

10. Legal affairs. To sue and be sued in its own name. Services of process in any action shall be made by service upon the president of the system, either in hand or by leaving a copy of the process at the Maine Community College System Office; [PL 1989, c. 878, Pt. I, §5 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

11. Personnel policies. To develop and adopt personnel policies and procedures for the system. The board of trustees, subject to applicable collective bargaining agreements, shall determine the qualifications, duties and compensation of its employees and shall allocate and transfer personnel within the system as necessary to fulfill the purposes of this chapter. The board of trustees shall appoint the president of the system and the presidents of the colleges. The provisions of the Civil Service Law, as defined by Title 5, section 7039 , do not apply to the system, except that the same protections for personnel records provided in Title 5, section 7070 to state employees apply to the personnel records of system employees; [PL 2007, c. 67, §2 (AMD).]

12. Purchasing. To acquire consumable supplies, materials and incidental services, through cash purchase, sole-source purchase orders, bids or contract, as necessary or convenient to fulfill the purposes of this chapter; [PL 1985, c. 695, §11 (NEW).]

13. Property management. To acquire by purchase, gift, lease or rent any property, lands, buildings, structures, facilities or equipment necessary to fulfill the purposes of this chapter. The board of trustees shall manage, rent, lease, sell and dispose of property, including lands, buildings, structures, equipment and facilities, and license dormitory rooms for occupancy by students. The purchase and installation of faucets, shower heads, toilets and urinals is subject to Title 5, section 1762‑A ; [PL 2017, c. 179, §6 (AMD).]

14. Facilities management; construction and renovation. To authorize the construction, maintenance, renovation, reconstruction or other necessary improvements of buildings, structures and facilities and promote the regular use of facility master planning in order to coordinate efficient long-term facilities planning; [PL 2017, c. 179, §7 (AMD).]

15. Courses of study and degrees. To offer courses of study, grant diplomas and certificates on completion of courses of study, confer associate degrees based on 2 years of instruction and establish qualifications for admission; to offer short-term and on-site training, to meet the needs of the private and public sectors and economic development and employment training programs; to offer adult education and continuing educational opportunities to meet the needs of nontraditional students and of adults who need training or retraining in response to changes in technology or the needs of the economy; and to encourage the development of innovative delivery methods, course schedules, student support services and prior learning assessments that help expand access to both credit and noncredit programming; [PL 2017, c. 179, §8 (AMD).]

16. Employment training coordination. [PL 1991, c. 376, §37 (RP).]

17. Apprenticeship education. [PL 1997, c. 522, §1 (RP).]

18. Delegation; other powers. To delegate duties and responsibilities as necessary for the efficient operation of this chapter and to do any other acts or things necessary or convenient to carry out the powers expressly granted or reasonably implied in this chapter; [PL 2001, c. 590, §1 (AMD).]

19. Advisory committees. To appoint or identify advisory committees to advise the board of trustees with respect to career and technical education and training policies and programs, to procedures for modifying the programs of the colleges to meet the needs of the State's economy and the changing job market and to the efficient operation of the colleges and the Maine Community College System Office. These committees may include, but need not be limited to, the Maine Council on Vocational Education, authorized under the United States Carl D. Perkins Vocational Education Act, Section 112, Public Law 98-524, or its successor; [PL 2017, c. 179, §9 (AMD).]

20. Debt. To borrow funds, issue bonds and negotiate notes and other evidences of indebtedness or obligations of the system for renovation, public improvements, land acquisition and construction purposes to pay for costs as defined in Title 22, section 2053, subsection 3 . The board of trustees may issue temporary notes and renewal notes to pay for those costs. Bonds, notes or other evidences of indebtedness or obligations of the system are legal obligations of the system on behalf of the State and are payable solely from the system's revenues and other sources of funds, including funds obtained pursuant to Title 22, section 2053, subsection 4‑B, paragraph A . These borrowings by the system do not constitute debts or liabilities of, and are not includable in, any debt obligation of the State. The board of trustees has the discretion to fix the date, maturities, denomination, interest rate, place of payment, form and other details of the bonds or notes of the system. Unless otherwise provided in the vote authorizing their issuance, bonds or notes of the system must be signed by the president of the system and countersigned by the chair of the board of trustees. The aggregate principal amount of outstanding bonds, notes or other evidences of indebtedness of the system may not exceed $35,000,000 at any one time, excluding temporary notes and renewal notes. The bonds may be issued through the Maine Health and Higher Education Facilities Authority. The board of trustees may pledge or assign its revenues, including any funds that have been or may be appropriated to the system, and the proceeds of those revenues and its other property as security toward its bonds, notes, other evidences of indebtedness or other obligations of the system. The proceeds of bonds, notes or other evidences of indebtedness may be invested in accordance with subsection 8 . Bonds, notes and other evidences of indebtedness issued under this subsection are not debts of the State, nor a pledge of the credit of the State, but are payable solely from the funds of the system. Indebtedness incurred and evidences of indebtedness issued under this chapter constitute a proper public purpose, and all income derived is exempt from taxation in the State. The net earnings of the system may not inure to the benefit of any private person, and no borrowing may be effected pursuant to this chapter unless the amount of the borrowing and the project or projects are submitted to the Office of Fiscal and Program Review for review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs at least 60 days before closing on such borrowing for the project or projects is to be initiated; and [PL 2017, c. 179, §10 (AMD).]

21. Campus security. To support the development of campus security plans and policy, including the assessment of how persons qualified and designated by law enforcement or system policy may exercise the powers of Title 17‑A, sections 107 and 108 . [PL 2017, c. 179, §11 (NEW).]
20-A M.R.S. § 15905 — ME Code / Title 20-A / Part 7 / Chapter 609 / Section 15905
20-A §15905. State board
Status: in_force

1. Approval authority. The state board must approve each school construction project, unless it is a small scale school construction project as defined in section 15901, subsection 4‑A , a nonstate funded project as defined in section 15905‑A or a permanent space lease-purchase project. A. The state board may approve projects as long as no project approval will cause debt service costs, as defined in section 15672, subsection 2‑A, paragraph A and pursuant to rules adopted in accordance with Resolve 2007, chapter 223, section 4, to exceed the maximum limits specified in Table 1 and Table 2 in subsequent fiscal years. Table 1 Major Capital Integrated, Consolidated Secondary and Postsecondary Project Fiscal year Maximum Debt Service Limit Maximum Debt Service Limit 1990 $ 48,000,000 1991 $ 57,000,000 1992 $ 65,000,000 1993 $ 67,000,000 1994 $ 67,000,000 1995 $ 67,000,000 1996 $ 67,000,000 1997 $ 67,000,000 1998 $ 67,000,000 1999 $ 69,000,000 2000 $ 72,000,000 2001 $ 74,000,000 2002 $ 74,000,000 2003 $ 80,000,000 2004 $ 80,000,000 2005 $ 84,000,000 2006 $ 90,000,000 2007 $ 96,000,000 2008 $100,000,000 2009 $104,000,000 2010 $108,000,000 2011 $126,000,000 2012 $116,000,000 2013 $116,000,000 2014 $126,000,000 $10,000,000 2015 $126,000,000 $10,000,000 2016 $126,000,000 $10,000,000 2017 $126,000,000 $10,000,000 2018 $126,000,000 $10,000,000 2019 $126,000,000 $10,000,000 2020 $126,000,000 $20,000,000 2021 $126,000,000 $20,000,000 2022 $126,000,000 $20,000,000 2023 $126,000,000 $20,000,000 Table 2 Fiscal year Maximum Debt Service Limit 2024 $150,000,000 2025 $150,000,000 2026 $150,000,000 2027 $150,000,000 [PL 2023, c. 462, §1 (AMD).] A-1. Beginning with the second regular session of the Legislature in fiscal year 1990 and every other year thereafter, on or before March 1st, the commissioner shall recommend to the Legislature and the Legislature shall establish maximum debt service limits for the next 2 biennia for which debt service limits have not been set for capital projects, including major projects and integrated, consolidated secondary and postsecondary projects. [PL 2019, c. 616, Pt. C, §10 (AMD).] B. Nonstate funded projects, such as school construction projects or portions of projects financed by proceeds from insured losses, money from federal sources, other noneducational funds or local funds that are not eligible for inclusion in an administrative unit's state-local allocation, are outside the total cost limitations set by the Legislature. [PL 1999, c. 81, §13 (AMD).] [PL 2023, c. 462, §1 (AMD).]

2. Secondary school construction project limitations. The state board may approve a secondary school construction project designed to accommodate fewer than 300 pupils only if the state board has determined that the school will have an adequate educational program. The board may not approve a secondary school construction project if fewer than 10 full-time teachers will be employed at the school, unless the location of the school would be geographically isolated. [PL 1981, c. 693, §§5, 8 (NEW).]

3. Certificate of approval. A certificate of approval must be issued by the commissioner for each project for which design and funding approval has been given by the state board. The certificate must bear the amount approved for subsidy and other stipulations or conditions. The certificate must be signed by the commissioner and is conclusive evidence of the facts stated on it. [PL 2013, c. 167, Pt. B, §5 (AMD).]

4. Rules. The state board may adopt or amend rules relating to the approval of school construction projects. Rules adopted pursuant to this subsection relating to the approval of major capital school construction projects under this chapter are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A . The state board is encouraged to review school construction rules regarding costs per square foot, consider other measures for containing building costs and report on these efforts to the joint standing committee of the Legislature having jurisdiction over education matters during the First Regular Session of the 115th Legislature. On or before February 1, 1994 the state board shall adopt rules for approving movable equipment costs for school construction. [PL 2005, c. 683, Pt. J, §1 (AMD); PL 2005, c. 683, Pt. J, §2 (AFF).]

5. Approval criteria. In approving school construction projects, the state board shall ensure that school administrative units have made efficient use of existing school facilities within the unit and have explored and when feasible developed agreements for sharing facilities with neighboring school administrative units. [PL 1993, c. 410, Pt. ZZZ, §1 (NEW).]

6. Facility maintenance plan required. The state board shall require a school administrative unit applying for state funds for a school construction project to establish a facility maintenance plan for the projected life cycle of the proposed school building. [PL 2013, c. 506, §17 (AMD).]

7. Interest-only interim local financing. Notwithstanding any provision of law or rule to the contrary, the state board may accelerate the dates on which it grants concept approval and funding approval for a school construction project that has been placed on the special priority list of the state board on the condition that the school administrative unit provide interest-only interim local financing for the project in accordance with this subsection. The period of interest-only interim local financing must be determined by the state board at the time concept approval is granted for a project and must be based on the time difference between the date that final funding approval is expected to be granted on an accelerated basis and the date that final funding approval would have been expected to be granted in the normal course. The period of interim local financing for a project may not exceed 5 years. Notwithstanding any provision of law or rule to the contrary, a school administrative unit, including a school administrative unit established by private and special law, authorized to issue securities for school construction purposes may issue its securities for school construction purposes on an interest-only basis during a period of interest-only interim local financing approved by the state board in accordance with this subsection. The period of interest-only interim local financing must precede, and be in addition to, the periods for interest payments and principal payments otherwise established pursuant to the school construction rules of the state board. The length of the period of interest-only interim local financing and the length of the debt service schedule otherwise established must be clearly stated on the face of the securities. The interest-only payments made by a school administrative unit during the period of interim financing must be paid from local funds without state participation and may not be included in the unit's debt service costs for state subsidy purposes under section 15672, subsection 2‑A . Such interest-only payments during the period of interim local financing may not be considered debt service costs as defined in section 15672, subsection 2‑A for purposes of calculating amounts subject to the debt service limit established by this section. The referendum question that is submitted to the voters for a project subject to interest-only interim local financing under this subsection must include, in addition to the information required by section 15904 , an informational statement that sets forth the length of the period of interest-only interim financing established by the state board, an estimate of the annual interest cost during the period of interest-only interim local financing and a statement that the interest-only payments during the period of interim local financing is not eligible for inclusion in the debt service allocation of the school administrative unit for purposes of calculating state school construction subsidy to the unit. The maximum period that securities for a school construction project may be outstanding under any applicable statute or rule must be extended by the length of the period of interest-only interim local financing approved by the state board under this subsection. If the voters of a school administrative unit do not vote to approve a school construction project subject to interest-only interim local financing under this subsection, the unit's school construction project remains eligible for concept and funding approval from the state board at the time that the project would be eligible for such approval without interest-only interim location funding. [PL 2005, c. 683, Pt. B, §16 (AMD).]
20-A M.R.S. § 7257 — ME Code / Title 20-A / Part 4 / Chapter 303 / Section 7257
20-A §7257. General supervision
Status: in_force

All educational programs for children with disabilities within the State, including all such programs administered by any other state or local agency, are under the general supervision of the commissioner. [PL 2005, c. 662, Pt. A, §34 (AMD).]
20-A M.R.S. § 11010 — ME Code / Title 20-A / Part 5 / Chapter 413 / Section 11010
20-A §11010. Defaults; suspension - Article X
Status: in_force

If any compacting state shall at any time default in the performance of any of its obligations assumed or imposed in accordance with this compact, all rights and privileges and benefits conferred by this compact or agreement hereunder shall be suspended from the effective date of such default as fixed by the board. Unless such default shall be remedied within a period of 2 years following the effective date of such default, this compact may be terminated with respect to such defaulting state by affirmative vote of 3/4 of the other member states. Any such defaulting state may be reinstated by: [PL 1981, c. 693, §§ 5, 8 (NEW).]

1. Performance. Performing all acts and obligations upon which it has heretofore defaulted; and [PL 1981, c. 693, §§ 5, 8 (NEW).]

2. Approval. Application to and approved by a majority vote of the board. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 1654 — ME Code / Title 20-A / Part 2 / Chapter 105 / Section 1654
20-A §1654. Powers, duties and authority
Status: reserved

1. General functions. A district school committee shall have the powers and duties with respect to the community school district as are conferred upon school boards under this Title, except those powers and duties which are expressly reserved for the district board of trustees. [PL 1981, c. 693, §§5, 8 (NEW).]

2. Specific functions. A district school committee: A. Shall be responsible, as of the start of the school year after organization, for the operation of the authorized grades; [PL 1981, c. 693, §§5, 8 (NEW).] B. May issue bonds and notes and borrow money as authorized in this Title; [PL 1981, c. 693, §§5, 8 (NEW).] C. May acquire and hold property for the purpose of operating schools within the authorized grade levels and for other purposes; [PL 1981, c. 693, §§5, 8 (NEW).] D. Shall share costs in the manner authorized by the voters; and [PL 1981, c. 693, §§5, 8 (NEW).] E. May acquire, construct and operate related recreational and athletic facilities, which may also meet other community needs. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 1981, c. 693, §§5, 8 (NEW).]
20-A M.R.S. § 4776 — ME Code / Title 20-A / Part 3 / Chapter 208-A / Section 4776
20-A §4776. Distribution of available funding
Status: in_force

Not more than 10% of the total funding available to the department for postsecondary education, either through a direct appropriation for postsecondary education under this chapter or as part of the ongoing funds included in the appropriation for general purpose aid for local schools, may be used for secondary students to take a postsecondary course during the summer term. [PL 2007, c. 240, Pt. VVV, §2 (NEW).]
20-A M.R.S. § 2406 — ME Code / Title 20-A / Part 2 / Chapter 112 / Section 2406
20-A §2406. Request for proposals
Status: in_force

1. Issuance. To invite, solicit, encourage and guide the development of high-quality public charter school applications, an authorizer shall issue and broadly publicize requests for proposals. The content and dissemination of the requests for proposals must be consistent with the purposes and requirements of this chapter. [PL 2011, c. 414, §5 (NEW).]

2. Content. An authorizer's request for proposals must contain information outlined in this subsection. A. A request for proposals must present the authorizer's strategic vision for and interests in chartering. [PL 2011, c. 414, §5 (NEW).] B. Authorizers may give priority to proposals that expand opportunities for children who are not realizing their full potential, who may be disaffected or disengaged in their current education situations and who may be at risk of failure academically, socially, economically or personally. Authorizers may encourage proposals that include a specific academic approach or theme to address the diverse educational needs of communities in the State. A request for proposals must include a clear statement of any priority or preference the authorizer wishes to grant to particular types of applications. Notwithstanding an authorizer’s statement of any priority or preference, an authorizer shall consider each application submitted to it based on the merits of that particular application. [PL 2011, c. 414, §5 (NEW).] C. A request for proposals must include or otherwise direct applicants to the performance framework that the authorizer has developed for public charter school oversight and evaluation in accordance with section 2409 . [PL 2011, c. 414, §5 (NEW).] D. A request for proposals must include the criteria and standards that will guide the authorizer's decision to approve or deny an application. [PL 2011, c. 414, §5 (NEW).] E. A request for proposals must state clear, appropriately detailed questions as well as guidelines concerning the format and content essential for applicants to demonstrate the capacities necessary to establish and operate a successful public charter school. [PL 2011, c. 414, §5 (NEW).] F. A request for proposals must require applications to provide or describe thoroughly, at a minimum, all of the following essential elements of the proposed public charter school plan: (1) The proposed public charter school's vision, including: (a) An executive summary; (b) The mission and vision of the proposed public charter school, including identification of the targeted student population and the community the school hopes to serve; and (c) Evidence of need and community support for the proposed public charter school, including information on discussions with the school administrative unit where the public charter school will be located concerning recruitment and operations of the public charter school and possible collaboration with nearby school administrative units; (2) The proposed public charter school's governance plan, including: (a) Background information on proposed board members and any assurances or certifications required by the authorizer; (b) Proposed governing bylaws; (c) An organization chart that clearly presents the school's organizational structure, including lines of authority and reporting between the governing board, staff and any related bodies such as advisory bodies or parent and teacher councils, and any external organizations that will play a role in managing the school; (d) A clear description of the roles and responsibilities for the governing board, the school's leadership and management team and any other entities shown on the organization chart; (e) Identification of the proposed founding governing board members and, if identified, the proposed school leader or leaders; and (f) Background information on the school's leadership and management team, if identified; (3) The proposed public charter school's plan of organization, including: (a) The location or geographic area of the school and the proposed catchment area of the school, which may not be designed to exclude areas with high rates of poverty, English language learners, at-risk students or students with disabilities; (b) The grades to be served each year for the full term of the charter; (c) Minimum, planned and maximum enrollment per grade per year for the term of the charter; (d) The school's proposed calendar and sample daily schedule; (e) Plans and timelines for student recruitment and enrollment, including lottery procedures; (f) Explanations of any partnerships or contractual relationships central to the school's operations or mission; (g) The school's proposals for providing transportation, food service and other significant operational or ancillary services; (h) A facilities plan, including backup or contingency plans if appropriate; (i) A detailed school start-up plan, identifying tasks, timelines and responsible individuals; and (j) A closure protocol, outlining orderly plans and timelines for transitioning students and student records as described in section 2411, subsection 8, paragraph C and for appropriately disposing of school funds, property and assets in the event of school closure; (4) The proposed public charter school's finances, including: (a) A description of the school's financial plan and policies, including financial controls and audit requirements; (b) Start-up and 3-year budgets with clearly stated assumptions; (c) Start-up and first-year cash-flow projections with clearly stated assumptions; (d) Evidence of anticipated fund-raising contributions, if claimed in the application; and (e) A description of the insurance coverage the school proposes to obtain; (5) The proposed public charter school's student policy, including: (a) The school's plans for identifying and successfully serving students with the wide range of learning needs and styles typically found in noncharter public schools of the sending area; (b) The school's plans for compliance with applicable laws, rules and regulations; and (c) The school's student discipline plans and policies, including those for special education students; (6) The proposed public charter school's academic program, including: (a) A description of the academic program aligned with the statewide system of learning results under section 6209 ; (b) A description of the school's instructional design, including the type of learning environment, such as classroom-based or independent study, class size and structure, curriculum overview, teaching methods and research basis; (c) The school's plan for using internal and external assessments to measure and report student progress on the measures and metrics of the performance framework developed by the authorizer in accordance with section 2409 ; and (d) A description of cocurricular or extracurricular programs and how they will be funded and delivered; and (7) The proposed public charter school's staff policy, including: (a) A staffing chart for the school's first year and a staffing plan for the term of the charter; (b) Plans for recruiting and developing school leadership and staff; (c) The school's leadership and teacher employment policies, including performance evaluation plans; and (d) Opportunities and expectations for parent involvement. [PL 2015, c. 448, §6 (AMD).] G. With respect to the conversion of an existing noncharter public school to public charter school status, in addition to the other requirements of this subsection, the request for proposals must require applicants to demonstrate support for the proposed conversion public charter school by submitting 2 petitions, one signed by a majority of teachers in the existing noncharter public school and the other signed by a majority of parents of students in the existing noncharter public school. If the school to be converted is the only public school option for students in the school administrative unit, the request for proposals must additionally require that the conversion be approved by voters in that school administrative unit. [PL 2011, c. 414, §5 (NEW).] H. With respect to a proposed public charter school that intends to contract with an education service provider for a limited scope of education or management services, in addition to the other requirements of this subsection, the request for proposals must require applicants to: (1) Explain how and why the education service provider was selected; (2) Provide evidence of the education service provider's success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions if applicable; (3) Provide information on the proposed duration of the service contract; roles and responsibilities; scope of services and resources to be provided by the education service provider; performance evaluation measures and timelines; compensation structure, including clear identification of all fees to be paid to the education service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract; (4) Provide a draft of the proposed service contract; (5) Explain the relationship between the governing board, the school's leadership and management team and the education service provider, specifying how the governing board and the school's leadership and management team will monitor and evaluate the performance of the education service provider, the internal controls that will guide the relationship and how the governing board and the school's leadership and management team will ensure fulfillment of performance expectations; (6) Provide a statement of assurance that the governing board and the school's leadership and management team is legally and operationally independent from the education service provider; and (7) Disclose and explain any existing or potential conflicts of interest between the governing board, the school's leadership and management team and the education service provider or any affiliated business entities. Nothing in this paragraph prohibits a virtual public charter school from entering into a contract with an education service provider for education design, implementation or comprehensive management of the virtual public charter school program. [PL 2011, c. 414, §5 (NEW).] [PL 2015, c. 448, §6 (AMD).]
20-A M.R.S. § 19108 — ME Code / Title 20-A / Part 9 / Chapter 801 / Section 19108
20-A §19108. Actions by department
Status: in_force

Within the annual allocation, the department shall follow the procedures established under this section. [PL 2001, c. 358, Pt. II, §6 (NEW).]

1. Cash flow. For the purpose of cash flow, the commissioner may pay the full payment amounts due on leases under which the learning technology plan may apply the lease payments to the purchase of portable computing devices, and the required amount to offset the payments may be transferred to the debt service portion of the account from other operating accounts. [PL 2001, c. 358, Pt. II, §6 (NEW).]

2. Report by commissioner. [PL 2013, c. 533, §18 (RP).]
20-A M.R.S. § 8603 — ME Code / Title 20-A / Part 4 / Chapter 315 / Section 8603
20-A §8603. Authority to raise, appropriate, receive and expend money
Status: in_force

A unit may: [PL 1991, c. 518, §36 (AMD).]

1. Fund adult education and educational activities. Raise, appropriate, receive and expend money for adult education and educational activities. Adult education and educational activities are under the direction and supervision of the school board; and [PL 1991, c. 518, §36 (AMD).]

2. Fund tuition costs. Raise, appropriate, receive and expend money to pay tuition charged to any resident of a municipality served by the unit who attends an adult education course offered by another unit, if the adult education course is not offered by the unit that serves the person's residence. [PL 1991, c. 518, §36 (AMD).]
20-A M.R.S. § 9703 — ME Code / Title 20-A / Part 4 / Chapter 327 / Section 9703
20-A §9703. Initial program approval
Status: in_force

Each such school unit shall submit a program plan for educational services to be approved by the commissioner. The program plan shall include the following components: [PL 1987, c. 827, §1 (NEW).]

1. Planning; approved. Evidence of collaborative planning with officials and staff of the center and approval of the center's governing board; [PL 1987, c. 827, §1 (NEW).]

2. Licensure. Proof that the facility is licensed by the Department of Health and Human Services and complies with the rules adopted by that department; [PL 1987, c. 827, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Educational activities. Educational activities and an evaluation component suitable to the age and educational needs of the eligible students; [PL 1987, c. 827, §1 (NEW).]

4. Accounting. An accounting of all eligible students who will be provided educational services by the program and a plan for continued accurate accounting of the students; and [PL 1987, c. 827, §1 (NEW).]

5. Line-item budget. A line-item budget submitted no later than 90 days prior to the fiscal year in which the program will operate. The proposed budget request may not exceed the number of students in the approved program plan, on a per student basis, based on the state average tuition rate as provided in sections 5804 , 5805 and 15689 . [PL 2009, c. 213, Pt. AAA, §1 (AMD).]

The commissioner or a designee shall approve the program plan in a timely manner in order that appropriate budgeting may occur before the start of the school unit's fiscal year. Approval shall include a payment schedule for disbursement of program funds to the school unit in the fiscal year of the program's operation. [PL 1987, c. 827, §1 (NEW).]
20-A M.R.S. § 15690 — ME Code / Title 20-A / Part 7 / Chapter 606-B / Section 15690
20-A §15690. Local appropriations
Status: in_force

Beginning with the budget for the 2005-2006 school year, the following provisions apply to local appropriations for school purposes. [PL 2005, c. 2, Pt. D, §62 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

1. School administrative unit contribution to total cost of funding public education from kindergarten to grade 12. The legislative body of each school administrative unit may vote to raise and appropriate an amount up to its required contribution to the total cost of education as described in section 15688 , except that funds provided under Title XIV of the State Fiscal Stabilization Fund of the federal American Recovery and Reinvestment Act of 2009 as part of the amount restored to a school administrative unit’s fiscal years 2008-09, 2009-10 and 2010-11 share of general purpose aid as determined under this chapter must be used to lower the school administrative unit’s required contribution to the total cost of education. A. For a municipal school unit, an article in substantially the following form must be used when a single municipal school administrative unit is considering the appropriation of an amount up to its required contribution to the total cost of education as described in section 15688 . (1) "Article.....: To see what sum the municipality will appropriate for the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act (Recommend $......) and to see what sum the municipality will raise as the municipality's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 20‑A, section 15688 . (Recommend $......)" (2) The following statement must accompany the article in subparagraph (1). "Explanation: The school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act is the amount of money determined by state law to be the minimum amount that a municipality must raise in order to receive the full amount of state dollars." [PL 2005, c. 12, Pt. WW, §5 (AMD).] B. For a school administrative district, a community school district or a regional school unit, an article in substantially the following form must be used when the school administrative district, community school district or regional school unit is considering the appropriation of an amount up to its required contribution to the total cost of education as described in section 15688 . (1) "Article ....: To see what sum the district will appropriate for the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and to see what sum the district will raise and assess as each municipality's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 20‑A, section 15688 (Recommend amount set forth below): Total Appropriated (by municipality) Total raised (district assessments by municipality): Town A ($amount) Town A ($amount) Town B ($amount) Town B ($amount) Town C ($amount) Town C ($amount) School District School District Total Appropriated Total Raised ($sum of above) ($sum of above)" (2) The following statement must accompany the article in subparagraph (1). "Explanation: The school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act is the amount of money determined by state law to be the minimum amount that the district must raise and assess in order to receive the full amount of state dollars." [PL 2007, c. 240, Pt. XXXX, §31 (AMD).] C. The state share of the total cost of funding public education from kindergarten to grade 12 as described in section 15688 , excluding state-funded debt service for each school administrative unit, is limited to the same proportion as the local school administrative unit raises of its required contribution to the total cost of education as described in section 15688 , excluding state-funded debt service costs. [PL 2015, c. 389, Pt. C, §9 (AMD).] D. [PL 2013, c. 171, §1 (RPR); MRSA T. 20-A §15690, 1, ¶D (RP).] [PL 2015, c. 389, Pt. C, §9 (AMD).]

2. Non-state-funded debt service. For a school administrative unit's indebtedness previously approved by its legislative body for non-state-funded major capital school construction projects or non-state-funded portions of major capital school construction projects, the legislative body of each school administrative unit may vote to raise and appropriate an amount up to the municipality's or district's annual payments for non-state-funded debt service. A. An article in substantially the following form must be used when a school administrative unit is considering the appropriation for debt service allocation for non-state-funded school construction projects or non-state-funded portions of school construction projects. (1) "Article ....: To see what sum the (municipality or district) will raise and appropriate for the annual payments on debt service previously approved by the legislative body for non-state-funded school construction projects or non-state-funded portions of school construction projects in addition to the funds appropriated as the local share of the school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12. (Recommend $......)" (2) The following statement must accompany the article in subparagraph (1). "Explanation: Non-state-funded debt service is the amount of money needed for the annual payments on the (municipality's or district's) long-term debt for major capital school construction projects that are not approved for state subsidy. The bonding of this long-term debt was previously approved by the voters or other legislative body." [PL 2009, c. 571, Pt. E, §26 (AMD).] [PL 2009, c. 571, Pt. E, §26 (AMD).]

3. Additional local appropriation. A school administrative unit may raise and expend funds for educational purposes in addition to the funds under subsections 1 and 2 . A. If the amount of the additional funds does not result in the unit's exceeding its maximum state and local spending target established pursuant to section 15671‑A, subsection 4 , an article in substantially the following form must be used when a school administrative unit is considering the appropriation of additional local funds: (1) "Article ....: To see what sum the (municipality or district) will raise and to appropriate the sum of (Recommend $.....) in additional local funds for school purposes under the Maine Revised Statutes, Title 20‑A, section 15690 . (Recommend $......)" (2) The following statement must accompany the article in subparagraph (1). "Explanation: The additional local funds are those locally raised funds over and above the school administrative unit's local contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and local amounts raised for the annual payment on non-state-funded debt service that will help achieve the (municipality's or district's) budget for educational programs." [PL 2005, c. 519, Pt. AAAA, §17 (AMD).] B. If the amount exceeds the unit's maximum state and local spending target established pursuant to section 15671‑A, subsection 4 , an article in substantially the following form must be used when a school administrative unit is considering an appropriation of additional local funds. (1) "Article ....: Shall (name of municipality or district) raise and appropriate $....... in additional local funds, which exceeds the State's Essential Programs and Services allocation model by $...... as required to fund the budget recommended by the (school committee or board of directors)?" The (school committee or board of directors) recommends $......... for additional local funds and gives the following reasons for exceeding the State's Essential Programs and Services funding model by $........: (2) The following statement must accompany the article in subparagraph (1). "Explanation: The additional local funds are those locally raised funds over and above the school administrative unit's local contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and local amounts raised for the annual payment on non-state-funded debt service that will help achieve the (municipality's or district's) budget for educational programs." [PL 2005, c. 519, Pt. AAAA, §18 (AMD).] [PL 2005, c. 519, Pt. AAAA, §§17, 18 (AMD).]

4. Total budget article. A school administrative unit must include a summary article indicating the total annual budget for funding public education from kindergarten to grade 12 in the school administrative unit. The amount recommended must be the gross budget of the school system. This article does not provide money unless the other articles are approved. A. "Article ....: To see what sum the (municipality or district) will authorize the school committee to expend for the fiscal year beginning (July 1, ....) and ending (June 30, ....) from the school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act, non-state-funded school construction projects, additional local funds for school purposes under the Maine Revised Statutes, Title 20‑A, section 15690 , unexpended balances, tuition receipts, state subsidy and other receipts for the support of schools. (Recommend $......)" [PL 2005, c. 2, Pt. D, §62 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] [PL 2005, c. 2, Pt. D, §62 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

5. Vote. Actions taken pursuant to subsections 1 to 4 must be taken by a recorded vote. [PL 2005, c. 2, Pt. D, §62 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

6. Administrative costs for units with no pupils. If a school administrative unit is required to pay administrative costs and has no allocation of state or local funds, that unit may raise and expend funds for administrative costs. [PL 2005, c. 2, Pt. D, §62 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
20-A M.R.S. § 12720 — ME Code / Title 20-A / Part 5 / Chapter 431 / Section 12720
20-A §12720. Report by system president
Status: in_force

The President of the Senate and the Speaker of the House of Representatives may invite the system president to appear in January of each year before a joint session of the Legislature to address the Legislature on the status of the system and such other matters as the system president desires to bring to the attention of the Legislature. [PL 1991, c. 376, §44 (NEW).]
20-A M.R.S. § 7256 — ME Code / Title 20-A / Part 4 / Chapter 303 / Section 7256
20-A §7256. State licensed agencies
Status: in_force

A special education facility may be operated in conjunction with or as a part of a state licensed agency. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 261 — ME Code / Title 20-A / Part 1 / Chapter 3 / Section 261
20-A §261. Schooling privileges
Status: in_force

The commissioner may adopt rules regarding tuition charges, accounting, audits, contracts and other aspects of schooling privileges between receiving schools approved for tuition purposes and sending school administrative units. [PL 1985, c. 797, §9 (NEW).]

The commissioner may adopt rules to implement statutory policies regarding student residency, the right of a student to attend school in another administrative unit, homeless students and other exceptions to the general residency rules. Rules adopted by the commissioner pursuant to this section shall take precedence over any inconsistent or conflicting rules adopted by a school board pursuant to section 5201, subsection 4 . [PL 1991, c. 608, §2 (AMD).]
20-A M.R.S. § 3604 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3604
20-A §3604. Definitions
Status: in_force

The terms used in this compact shall be construed as follows, unless a different meaning is clearly apparent from the language or context: [PL 1981, c. 693, §§5, 8 (NEW).]

1. Commissioner. "Commissioner" shall refer to the Commissioner of Education. [PL 1989, c. 700, Pt. A, §48 (AMD).]

2. Elementary school. "Elementary school" shall mean a school which includes all grades from kindergarten or grade one through not less than grade 6 nor more than grade 8. [PL 1981, c. 693, §§5, 8 (NEW).]

3. Interstate board. "Interstate board" shall refer to the board serving an interstate school district. [PL 1981, c. 693, §§5, 8 (NEW).]

4. Interstate school district. "Interstate school district" and "interstate district" shall mean a school district composed of one or more school districts located in the State of Maine associated under this compact with one or more school districts located in the state of New Hampshire and may include either the elementary schools, the secondary schools, or both. [PL 1981, c. 693, §§5, 8 (NEW).]

5. Joint action. "Joint action" where joint action by both state boards is required, each state board shall deliberate and vote by its own majority, but shall separately reach the same result or take the same action as the other state board. [PL 1981, c. 693, §§5, 8 (NEW).]

6. Maine board. "Maine board" shall refer to the Maine State Board of Education. [PL 1981, c. 693, §§5, 8 (NEW).]

7. Member school district. "Member school district" and "member district" shall mean a school administrative unit located either in Maine or New Hampshire which is included within the boundaries of a proposed or established interstate school district. [PL 1981, c. 693, §§5, 8 (NEW).]

8. New Hampshire board. "New Hampshire board" shall refer to the New Hampshire state board of education. [PL 1981, c. 693, §§5, 8 (NEW).]

9. Professional staff personnel. "Professional staff personnel" and "instructional staff personnel" shall include superintendents, assistant superintendents, administrative assistants, principals, guidance counselors, special education personnel, school nurses, therapists, teachers, and other certificated personnel. [PL 1981, c. 693, §§5, 8 (NEW).]

10. Secondary school. "Secondary school" shall mean a school which includes all grades beginning no lower than grade 7 and no higher than grade 12. [PL 1981, c. 693, §§5, 8 (NEW).]

11. Warrant. "Warrant" or "warning" means the same for both states. [PL 1981, c. 693, §§5, 8 (NEW).]
20-A M.R.S. § 11670 — ME Code / Title 20-A / Part 5 / Chapter 419-D / Section 11670
20-A §11670. Quality Child Care Education Scholarship fund
Status: in_force

The Quality Child Care Education Scholarship Fund is created and established as a nonlapsing fund under the jurisdiction and control of the Finance Authority of Maine. All revenues credited to this fund must be distributed as scholarships based on financial need for residents of the State who are enrolled in one or more courses related to early childhood education or child development at accredited institutions of higher education or at course-offering institutions that have articulated agreements with accredited institutions of higher education. The Finance Authority of Maine shall award scholarships and adopt rules for determining eligibility, amounts, terms and conditions of scholarships. Interest earned on amounts in the fund may be used for the costs of administering the scholarships. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 783, §1 (AMD).]
20-A M.R.S. § 20109 — ME Code / Title 20-A / Part 10 / Chapter 901 / Section 20109
20-A §20109. Interstate Commission on Educational Opportunity for Military Children - Article 9
Status: in_force

The member states hereby create the Interstate Commission on Educational Opportunity for Military Children. The activities of the interstate commission are the formation of public policy and are a discretionary state function. The interstate commission: [PL 2009, c. 409, §1 (NEW).]

1. Body corporate. Is a body corporate and joint agency of the member states and has all the responsibilities, powers and duties set forth in this section and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact; [PL 2009, c. 409, §1 (NEW).]

2. Voting representative. Consists of one interstate commission voting representative from each member state who is that state's compact commissioner. A. Each member state represented at a meeting of the interstate commission is entitled to one vote. [PL 2009, c. 409, §1 (NEW).] B. A majority of the total member states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. [PL 2009, c. 409, §1 (NEW).] C. A representative may not delegate a vote to another member state. If the compact commissioner is unable to attend a meeting of the interstate commission, the Governor or state council may delegate voting authority to another person from its state for a specified meeting. [PL 2009, c. 409, §1 (NEW).] D. The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication; [PL 2009, c. 409, §1 (NEW).] [PL 2009, c. 409, §1 (NEW).]

3. Ex officio representatives. Consists of ex officio, nonvoting representatives who are members of interested organizations. These ex officio members, as defined in the bylaws, may include but are not limited to: A. Members of the representative organizations of military family advocates; [PL 2009, c. 409, §1 (NEW).] B. Local education agency officials; [PL 2009, c. 409, §1 (NEW).] C. Parent and teacher groups; [PL 2009, c. 409, §1 (NEW).] D. The United States Department of Defense; [PL 2009, c. 409, §1 (NEW).] E. A national education commission dedicated to helping states develop effective policy and practice for public education by providing data, research, analysis and leadership; and [PL 2009, c. 409, §1 (NEW).] F. Representatives from parties to interstate agreements on qualification of educational personnel and other interstate compacts affecting the education of children of military members; [PL 2009, c. 409, §1 (NEW).] [PL 2009, c. 409, §1 (NEW).]

4. Meetings. Meets at least once each calendar year. The chair may call additional meetings and, upon the request of a simple majority of the member states, must call additional meetings; [PL 2009, c. 409, §1 (NEW).]

5. Executive committee. Shall establish an executive committee whose members include the officers of the interstate commission and such other members of the interstate commission as determined by the bylaws. Members of the executive committee serve one-year terms. Members of the executive committee are entitled to one vote each. The executive committee has the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as considered necessary. The United States Department of Defense serves as an ex officio, nonvoting member of the executive committee; [PL 2009, c. 409, §1 (NEW).]

6. Bylaws; rules. Shall establish bylaws and rules that provide for conditions and procedures under which the interstate commission makes its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests; [PL 2009, c. 409, §1 (NEW).]

7. Public notice. Shall give public notice of all meetings, and all meetings must be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and its committees may close a meeting, or portion of a meeting, when it determines by a 2/3 vote that an open meeting would be likely to: A. Relate solely to the interstate commission's internal personnel practices and procedures; [PL 2009, c. 409, §1 (NEW).] B. Disclose matters specifically exempted from disclosure by federal and state law; [PL 2009, c. 409, §1 (NEW).] C. Disclose trade secrets or commercial or financial information that is privileged or confidential; [PL 2009, c. 409, §1 (NEW).] D. Involve accusing a person of a crime or formally censuring a person; [PL 2009, c. 409, §1 (NEW).] E. Disclose information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy; [PL 2009, c. 409, §1 (NEW).] F. Disclose investigative records compiled for law enforcement purposes; or [PL 2009, c. 409, §1 (NEW).] G. Specifically relate to the interstate commission's participation in a civil action or other legal proceeding. [PL 2009, c. 409, §1 (NEW).] For a meeting, or portion of a meeting, closed pursuant to this subsection, the interstate commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The interstate commission shall keep minutes that must fully and clearly describe all matters discussed in a meeting and provide a full and accurate summary of actions taken and the reasons for the actions, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the interstate commission; [PL 2009, c. 409, §1 (NEW).]

8. Data collection. Shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through the interstate commission's rules, which must specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting must, insofar as is reasonably possible, conform to current technology and coordinate the interstate commission's information functions with the appropriate custodian of records as identified in the bylaws and rules; and [PL 2009, c. 409, §1 (NEW).]

9. Violations. Shall create a process that permits military officials, education officials and parents to inform the interstate commission if and when there are alleged violations of the compact or the interstate commission's rules or when issues subject to the jurisdiction of the compact or the interstate commission's rules are not addressed by the member state or local education agency. This section may not be construed to create a private right of action against the Interstate Commission or any member state. [PL 2009, c. 409, §1 (NEW).]
20-A M.R.S. § 10984 — ME Code / Title 20-A / Part 5 / Chapter 412-B / Section 10984
20-A §10984. No reduction in benefits
Status: in_force

Notwithstanding any other rule or provision of state law, the first $10,000 of funds and any accrued interest in an account under this chapter are excluded from consideration in determining eligibility or benefit levels for any assistance or benefit granted under state law. [PL 2019, c. 239, §4 (NEW).]
20-A M.R.S. § 20116 — ME Code / Title 20-A / Part 10 / Chapter 901 / Section 20116
20-A §20116. Withdrawal and dissolution - Article 16
Status: in_force

1. Withdrawal. Withdrawal from the compact is governed by this subsection. A. Once effective, the compact continues in force and remains binding upon each member state except that a member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law. [PL 2009, c. 409, §1 (NEW).] B. The enactment by a member state of a law repealing the statute that enacted the compact does not take effect until one year after the effective date of that law and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state. [PL 2009, c. 409, §1 (NEW).] C. The withdrawing state shall immediately notify the chair of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt of notification from the withdrawing state. [PL 2009, c. 409, §1 (NEW).] D. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal. [PL 2009, c. 409, §1 (NEW).] E. Reinstatement following withdrawal of a member state occurs upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission. [PL 2009, c. 409, §1 (NEW).] [PL 2009, c. 409, §1 (NEW).]

2. Dissolution of compact. This compact dissolves effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one member state. [PL 2009, c. 409, §1 (NEW).]

3. Conclusion of affairs. Upon the dissolution of this compact, the compact becomes void and is of no further effect. The business and affairs of the interstate commission must be concluded, and surplus funds must be distributed in accordance with the bylaws. [PL 2009, c. 409, §1 (NEW).]
20-A M.R.S. § 13020 — ME Code / Title 20-A / Part 6 / Chapter 502 / Section 13020
20-A §13020. Revocation or suspension of a certificate
Status: in_force

1. General. The state board's rules adopted under this chapter shall specify the procedure to be followed by the commissioner in seeking the revocation or suspension of a certificate in the District Court and shall authorize the commissioner to enter into a consent agreement with any certificated person in lieu of initiating or completing a proceeding in the District Court. [PL 1983, c. 845, §4 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

2. Grounds for revocation or suspension of a certificate. The following are grounds for revocation or suspension of a certificate issued under this Title: A. Evidence that a person has injured the health or welfare of a child through physical or sexual abuse or exploitation shall be grounds for revocation or suspension of a certificate. Notwithstanding Title 5, chapter 341 , a certified court record that a person certificated under this Title was convicted in any state or federal court of a criminal offense involving the physical or sexual abuse or exploitation of a child within the previous 5 years shall be sufficient grounds for revocation or suspension of that person's certificate; and [PL 1983, c. 845, §4 (NEW).] B. Other grounds as may be established by the state board in its rules relating to criminal offenses not inconsistent with Title 5, chapter 341 , fraud or gross incompetence. [PL 1983, c. 845, §4 (NEW).] [PL 1983, c. 845, §4 (NEW).]

2-A. Grounds for discipline of a school psychologist or guidance counselor. Evidence that a person who is certified under this Title as a school psychologist or guidance counselor has advertised, offered or administered conversion therapy as defined in Title 32, section 59‑C, subsection 1 to a child is grounds for discipline of that person. [PL 2019, c. 165, §1 (NEW).]

3. Denial of certificate for prior immoral or prohibited conduct. Evidence that an applicant for initial certification or renewal has injured the health or welfare of a child through physical or sexual abuse or exploitation is grounds for a denial of a certificate. Evidence that an applicant for initial certification or renewal as a school psychologist or guidance counselor has advertised, offered or administered conversion therapy as defined in Title 32, section 59‑C, subsection 1 to a child is grounds for a denial of a certificate. Notwithstanding Title 5, chapter 341 , every person who, within 5 years of the application for initial certification or renewal, has been convicted in any state or federal court of a criminal offense involving the physical or sexual abuse or exploitation of a child may be presumed by the commissioner to lack good moral character for the purposes of this chapter. This presumption is a rebuttable presumption. Notwithstanding Title 5, chapter 341 , the commissioner is entitled to consider all records of prior criminal convictions involving child abuse or exploitation in determining an applicant's eligibility for a certificate. [PL 2019, c. 165, §2 (AMD).]

4. Reinstatement of certificate. Revoked certificates may only be reinstated in accordance with state board rules. The following provisions govern the reinstatement of any certificate revoked for reasons of child abuse or exploitation. A. Notwithstanding Title 5, chapter 341 , no certificate revoked for reasons of child abuse or exploitation may be reinstated within 5 years of the revocation and in no case less than 3 years from the expiration of probation or parole or discharge from imprisonment for a criminal conviction involving child abuse or exploitation. [PL 1983, c. 845, §4 (NEW).] B. In determining whether a certificate may be reinstated, the commissioner shall determine whether the applicant has been sufficiently rehabilitated to warrant the public trust. The applicant shall be required to demonstrate sufficient evidence of rehabilitation, notwithstanding Title 5, chapter 341 , and the commissioner shall state in writing the basis for any decision which denies reinstatement of a certificate. [PL 1983, c. 845, §4 (NEW).] C. Denial of reinstatement pursuant to paragraph B may be appealed to the Superior Court. [PL 1983, c. 845, §4 (NEW).] [PL 1983, c. 845, §4 (NEW).]
20-A M.R.S. § 1701-C — ME Code / Title 20-A / Part 2 / Chapter 105 / Section 1701-C
20-A §1701-C. Mandatory budget validation and cost center summary budget form
Status: in_force

Notwithstanding any other law, community school district budgets developed after January 1, 2008 must conform to the format and referendum procedures for regional school units as set forth in sections 1485 and 1486 . A community school district is deemed to be a regional school unit solely for the purpose of developing a budget pursuant to sections 1485 and 1486 . [PL 2007, c. 668, §26 (AMD); PL 2007, c. 668, §55 (AFF).]
20-A M.R.S. § 7255 — ME Code / Title 20-A / Part 4 / Chapter 303 / Section 7255
20-A §7255. Other programs
Status: in_force

In addition to, or in place of, those methods listed in this chapter, a school administrative unit may make other provisions, subject to approval in advance by the commissioner, to ensure the education of all children with disabilities. [PL 2005, c. 662, Pt. A, §33 (AMD).]
20-A M.R.S. § 13011 — ME Code / Title 20-A / Part 6 / Chapter 502 / Section 13011
20-A §13011. General authorization of state board
Status: in_force

1. Credentialing and revocation rules. The state board shall adopt rules to carry out the purposes of this chapter under which the commissioner shall: A. Issue certificates to teachers, administrators, educational specialists, educational technicians and other professional personnel for service in a public school or in an approved private school, except that certification is not required for a person holding a valid license as a speech-language pathologist under Title 32, section 17301 who has received a clearance pursuant to section 13024 to provide speech-language pathology services in a public school or approved private school; [PL 2017, c. 235, §9 (AMD); PL 2017, c. 235, §41 (AFF).] B. Issue certificates to adult education teachers and other teaching and professional personnel in publicly supported educational programs other than postsecondary school institutions, colleges and universities; [PL 2017, c. 235, §9 (AMD); PL 2017, c. 235, §41 (AFF).] C. [PL 2017, c. 235, §9 (RP); PL 2017, c. 235, §41 (AFF).] D. Seek a revocation of a credential in the District Court; [PL 2017, c. 235, §9 (AMD); PL 2017, c. 235, §41 (AFF).] E. Issue certificates to personnel who provide early childhood educational programs or developmental therapy to children from birth to 5 years of age in the home, in community-based special purpose and integrated programs and in public schools; and [PL 2017, c. 235, §9 (AMD); PL 2017, c. 235, §41 (AFF).] F. Issue a clearance to all individuals for whom certification is not required prior to being hired or being placed under contract by a public school or a private school that enrolls 60% or more publicly funded students. [PL 2017, c. 235, §9 (AMD); PL 2017, c. 235, §41 (AFF).] [PL 2017, c. 235, §9 (AMD); PL 2017, c. 235, §41 (AFF).]

2. Moral character. Rules adopted by the state board under this chapter must require that an applicant for certification furnish evidence of: A. Good moral character. [PL 2005, c. 152, §2 (AMD).] B. [PL 2005, c. 152, §2 (RP).] [PL 2005, c. 152, §2 (AMD).]

3. Teacher certificates. The state board rules must establish qualifications for certifying teachers in accordance with sections 13012‑A and 13013 . [PL 2017, c. 235, §9 (AMD); PL 2017, c. 235, §41 (AFF).]

4. Appeal. An applicant who has been denied the issuance or renewal of a credential by the commissioner under this chapter may appeal that denial in accordance with rules established by the state board and consistent with the provisions of the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 2017, c. 235, §9 (AMD); PL 2017, c. 235, §41 (AFF).]

5. Administrator certificates. The state board rules must establish qualifications for certifying administrators in accordance with sections 13012‑A and 13019‑I to be superintendents of schools, building administrators or principals and for such other administrators as may be determined to be necessary and beneficial for the efficient operation of the schools. [PL 2017, c. 235, §9 (AMD); PL 2017, c. 235, §41 (AFF).]

6. Alternative pathways to certification. [PL 2017, c. 235, §9 (RP); PL 2017, c. 235, §41 (AFF).]

6-A. Educational specialist certificates. The state board shall establish qualifications for certifying educational specialists in accordance with sections 13012‑A , 13019‑G and 13022 and for other educational specialists as may be determined to be necessary and beneficial for the efficient operation of the schools. [PL 2017, c. 235, §9 (NEW); PL 2017, c. 235, §41 (AFF).]

6-B. Educational technician certificates. The state board shall establish qualifications for certifying educational technicians in accordance with section 13019‑H and for other educational technicians as may be determined to be necessary and beneficial for the efficient operation of the schools. [PL 2017, c. 235, §9 (NEW); PL 2017, c. 235, §41 (AFF).]

7. Certification waiver. Under rules adopted by the state board, the commissioner may grant a waiver for an appropriate period of time to an individual seeking the issuance or renewal of a certificate. The commissioner may grant a waiver to an individual who: A. Receives allegedly inaccurate, incomplete or untimely information or action from the department or from a local or regional support system. The waiver must be for a reasonable period of time to permit the applicant to complete certification requirements; or [PL 2017, c. 235, §9 (AMD); PL 2017, c. 235, §41 (AFF).] B. Demonstrates compliance with certification requirements by professional alternative methods, including the following: (1) Scores on Graduate Record Examinations demonstrating content area proficiency equal to approved course work, with passing scores established under rules adopted by the state board; (2) Examinations accepted by state-approved programs in lieu of course work, with passing scores established under rules adopted by the state board; (3) Examinations from professional testing corporations demonstrating content area proficiency equal to approved course work, with professional testing corporations approved by the state board and passing scores established under rules adopted by the state board; and (4) Work experience equivalent to outcomes for approved course work and a formal recommendation from the state professional organization in that content area. The professional organizations are established under rules adopted by the state board. The waiver is for the duration of the certificate or endorsement sought. [PL 1995, c. 321, §1 (AMD).] The commissioner may not grant a waiver to an individual who is seeking an endorsement for special education. [PL 2017, c. 235, §9 (AMD); PL 2017, c. 235, §41 (AFF).]

8. Criminal history record checks. Criminal history record checks of an applicant for a credential, including renewals, must be conducted in accordance with this section, section 6103 and pursuant to rules adopted by the state board. [PL 2017, c. 235, §9 (AMD); PL 2017, c. 235, §41 (AFF).]

9. Targeted need area certificate; exception. [PL 2017, c. 235, §9 (RP); PL 2017, c. 235, §41 (AFF).]

10. Conditional certificate; transitional endorsement; exception. [PL 2017, c. 235, §9 (RP); PL 2017, c. 235, §41 (AFF).]