20-A M.R.S. § 15688 — ME Code / Title 20-A / Part 7 / Chapter 606-B / Section 15688
20-A §15688. School administrative unit contribution to total cost of funding public education from kindergarten to grade 12
Status: in_force

1. School administrative unit; total cost. For each school administrative unit, the commissioner shall annually determine the school administrative unit's total cost of education. A school administrative unit's total cost of education must include: A. The school administrative unit's base total calculated pursuant to section 15683, subsection 1 , adjusted pursuant to the transition targets described in section 15671, subsection 7, paragraph A ; [PL 2005, c. 2, Pt. D, §53 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] B. The other subsidizable costs described in section 15681‑A ; [PL 2013, c. 368, Pt. C, §11 (AMD).] C. The total debt service allocation described in section 15683‑A ; and [PL 2013, c. 368, Pt. C, §11 (AMD).] D. Beginning in the 2013-14 funding year, the normal cost of retirement for a teacher pursuant to Title 5, section 17154, subsection 6 . [PL 2013, c. 368, Pt. C, §11 (NEW).] [PL 2013, c. 368, Pt. C, §11 (AMD).]

2. Member municipalities in school administrative districts, community school districts, regional school units; total costs. For each municipality that is a member of a school administrative district, community school district or regional school unit, the commissioner shall annually determine each municipality's total cost of education. A municipality's total cost of education is the school administrative district's, community school district's or regional school unit's total cost of education multiplied by the percentage that the municipality's most recent calendar year average pupil count is to the school administrative district's, community school district's or regional school unit's most recent calendar year average pupil count. [PL 2007, c. 240, Pt. XXXX, §29 (AMD).]

3. School administrative unit; contribution. [PL 2005, c. 2, Pt. D, §55 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

3-A. School administrative unit; contribution. For each school administrative unit, the commissioner shall annually determine the school administrative unit's required contribution, the required contribution of each municipality that is a member of the unit, if the unit has more than one member, and the State's contribution to the unit's total cost of education in accordance with the following. A. For a school administrative unit composed of only one municipality, the contribution of the unit and the municipality is the same and is the lesser of: (1) The total cost described in subsection 1 ; and (2) The total of the full-value education mill rate calculated in section 15671‑A, subsection 2 multiplied by the property fiscal capacity of the municipality. [PL 2005, c. 2, Pt. D, §56 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] B. For a school administrative district, community school district or regional school unit composed of more than one municipality, each municipality's contribution to the total cost of education is the lesser of: (1) The municipality's total cost as described in subsection 2 ; and (2) The total of the full-value education mill rate calculated in section 15671‑A, subsection 2 multiplied by the property fiscal capacity of the municipality. [PL 2015, c. 494, Pt. A, §13 (AMD).] B-1. [PL 2007, c. 668, §36 (RP).] C. For a school administrative district, community school district or regional school unit composed of more than one municipality, the unit's contribution to the total cost of education is the lesser of: (1) The total cost as described in subsection 1 ; and (2) The sum of the totals calculated for each member municipality pursuant to paragraph B , subparagraph (2). [PL 2007, c. 668, §37 (AMD).] D. The state contribution to the school administrative unit's total cost of education is the total cost of education calculated pursuant to subsection 1 less the school administrative unit's contribution calculated pursuant to paragraph A or C , as applicable. The state contribution is subject to reduction in accordance with section 15690, subsection 1, paragraph C . [PL 2005, c. 2, Pt. D, §56 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).] [PL 2015, c. 494, Pt. A, §13 (AMD).]

4. Method of cost sharing; exception. For the purpose of local cost sharing, the provisions of subsection 3‑A do not apply to municipalities that are members of a school administrative district or a community school district whose cost sharing formula was established pursuant to private and special law prior to January 1, 2004. For each municipality that is a member of a school administrative district or a community school district whose cost sharing formula was established pursuant to private and special law prior to January 1, 2004, the cost sharing formula established pursuant to private and special law determines each municipality's local cost of education. [PL 2005, c. 2, Pt. D, §57 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]

5. Effective date. This section takes effect July 1, 2005. [PL 2003, c. 712, §17 (NEW).]
20-A M.R.S. § 10951 — ME Code / Title 20-A / Part 5 / Chapter 412 / Section 10951
20-A §10951. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 735, §14 (NEW).]

1. Assured revenues. "Assured revenues," as used in this chapter and in chapter 411 , means revenues to be received from grants, subsidies, contracts, leases or other; agreements made by or with the Federal Government, the State or any political subdivision, agency or instrumentality of the Federal Government or the State, or others; or revenues to be received from existing projects, from projects under construction or from projects for which the university has entered into a binding commitment for the acquisition, construction or accomplishment of the project, anticipated by the trustees to produce annual revenues in an amount not less than the anticipated annual cost of operation, maintenance and repair of such project, including aggregate annual debt service payments on any financing for the project, during the term of any financing effected under this chapter for the project, as determined by the trustees. [PL 1987, c. 735, §14 (NEW).]

2. Cost. "Cost" as applied to a project or any portion of the project, includes, but is not limited to: The purchase price or acquisition cost of any such project; the cost of construction, building, alteration, enlargement, reconstruction, renovation, improvement, equipping and remodeling; the cost of all labor, materials, building systems, machinery and equipment; the cost of all lands, structures, real or personal property, rights, easements and franchises acquired; the cost of all utility extensions, access roads, site development, financing charges, premium for insurance, interest prior to and during construction and for 6 months thereafter; the cost of working capital related to the project; the cost of plans and specifications, surveys and estimates of cost and of revenues; the cost of engineering, feasibility studies, legal and other professional services; the cost of reserves for payment of future debt service related to the financing transaction and for improvements; the cost of all other expenses necessary or incident to determining the feasibility or practicability of such construction; and administrative and operating expenses and such other expenses as may be necessary or incident to the financing authorized. [PL 1987, c. 735, §14 (NEW).]

3. Evidences of indebtedness. "Evidences of indebtedness" means any notes, long-term or short-term, or other evidences of indebtedness issued pursuant to this chapter. [PL 1987, c. 735, §14 (NEW).]

4. Financing documents. "Financing documents" means any evidences of indebtedness, loan agreements, credit agreements, financing leases, lease-purchase agreements, trust agreements, indentures, resolutions, mortgages, security agreements, pledge agreements or other contracts, agreements or documents executed and delivered by the university in connection with a financing transaction under this chapter. [PL 1987, c. 735, §14 (NEW).]

5. Financing transaction. "Financing transaction" means the borrowing of money by the university on behalf of the State pursuant to this chapter. [PL 1987, c. 735, §14 (NEW).]

6. Project. "Project" means any structure designed for use as a dormitory or other housing facility, dining facility, student union, academic building, administrative facility, library, classroom building, research facility, faculty facility, office facility, athletic facility, health care facility, laboratory, maintenance, storage or utility facility or other building or structure essential, necessary or useful for instruction in a program of education provided by the university; or any multipurpose structure designed to combine 2 or more of the functions performed by the types of structures enumerated in this subsection, including, without limitation, improvements, reconstruction, additions and equipment acquired in connection with the project or in connection with operation of any such currently existing facilities. "Project" includes all real and personal property, lands, improvements, driveways, roads, approaches, pedestrian access roads, parking lots, parking facilities, rights-of-way, utilities, easements and other interests in land, machinery and equipment, and all appurtenances and facilities either on, above or under the ground that are used or usable in connection with any of the structures mentioned in this subsection. "Project" also includes landscaping, site preparation, furniture, machinery, equipment and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies or other items that are customarily considered as a current operating charge. [RR 1991, c. 2, §66 (COR).]

7. State. "State" means the State of Maine. [PL 1987, c. 735, §14 (NEW).]

8. University. "University" means the body politic and corporate, established by Private and Special Law 1865, chapter 532, under the name of the "Trustees of the State College of Agriculture and Mechanic Arts," its name having been changed to the "University of Maine" by Private and Special Law 1897, chapter 551, and which is an instrumentality and agency of the State for the purpose for which it was established and for which it has been managed and maintained under Private and Special Law 1865, chapter 532, and supplementary legislation relating thereto, including section 10903 ; Private and Special Law 1967, chapter 229; Private and Special Law 1969, chapter 238; and Public Law 1985, chapter 779. [PL 1987, c. 735, §14 (NEW).]
20-A M.R.S. § 13704 — ME Code / Title 20-A / Part 6 / Chapter 508 / Section 13704
20-A §13704. Elements of system
Status: in_force

A performance evaluation and professional growth system consists of the following elements: [PL 2011, c. 635, Pt. A, §3 (NEW).]

1. Standards of professional practice. Standards of professional practice by which the performance of educators must be evaluated. A. The department shall provide, by rule, a set of standards of professional practice or a set of criteria for determining acceptable locally determined standards for teachers and a set of standards of professional practice or a set of criteria for determining acceptable locally determined standards for principals. [PL 2019, c. 27, §1 (AMD); PL 2019, c. 27, §8 (AFF).] B. The rules adopted pursuant to paragraph A may include, but may not require, the use of student learning and growth measures or state assessment results as a measure of educator effectiveness; [PL 2019, c. 27, §2 (NEW); PL 2019, c. 27, §8 (AFF).] [PL 2019, c. 27, §§1, 2 (AMD); PL 2019, c. 27, §8 (AFF).]

2. Multiple measures of effectiveness. Multiple measures of educator effectiveness, including but not limited to professional practice standards; [PL 2019, c. 27, §3 (AMD); PL 2019, c. 27, §8 (AFF).]

3. Rating scale. A rating scale consisting of 4 levels of effectiveness. A. The rating must be based on standards of professional practice and may include other measures of educator effectiveness. The proportionate weight of the standards and the measures is a local decision. An educator whose summative effectiveness rating indicates ineffectiveness must receive an annual summative effectiveness evaluation and rating until the rating improves. An individualized education plan may not be used to measure student growth for the purposes of teacher and principal evaluation, but an individualized education plan may be a source of evidence from which learning objectives and learning targets may be developed. [PL 2019, c. 27, §4 (AMD); PL 2019, c. 27, §8 (AFF).] B. The rating scale must set forth the professional growth opportunities and the employment consequences tied to each level. [PL 2011, c. 635, Pt. A, §3 (NEW).] C. At least 2 of the levels must represent effectiveness, and at least one level must represent ineffectiveness; [PL 2011, c. 635, Pt. A, §3 (NEW).] [PL 2019, c. 27, §4 (AMD); PL 2019, c. 27, §8 (AFF).]

4. Professional development. A process for using information from the evaluation process to inform professional development; [PL 2011, c. 635, Pt. A, §3 (NEW).]

5. Implementation procedures. Implementation procedures that include the following: A. Evaluation of educators on a regular basis, performed by one or more trained evaluators. The frequency of evaluations may vary depending on the effectiveness level at which the educator is performing, but observations of professional practice, formative feedback and continuous improvement conversations must occur throughout the year for all educators; [PL 2011, c. 635, Pt. A, §3 (NEW).] B. Ongoing training on implementation of the system to ensure that all educators and evaluators understand the system and have the knowledge and skills needed to participate in a meaningful way; [PL 2011, c. 635, Pt. A, §3 (NEW).] C. A peer review component to the evaluation and professional growth system and opportunities for educators to share, learn and continually improve their practice; and [PL 2011, c. 635, Pt. A, §3 (NEW).] D. Formation of a steering committee composed of teachers, administrators and other school administrative unit staff that regularly reviews and refines the performance evaluation and professional growth system. A majority of the steering committee members must be teachers and must be chosen by the local representative of the applicable collective bargaining unit if the teachers in the school administrative unit are covered by a collective bargaining agreement. Any revisions to the performance evaluation and professional growth system made by the steering committee must be reached by consensus; and [PL 2019, c. 27, §5 (AMD).] [PL 2019, c. 27, §5 (AMD).]

6. Professional improvement plan. The opportunity for an educator who receives a summative effectiveness rating indicating ineffectiveness in any given year to implement a professional improvement plan. [RR 2011, c. 2, §18 (COR).]
20-A M.R.S. § 6605 — ME Code / Title 20-A / Part 3 / Chapter 223 / Section 6605
20-A §6605. Department role
Status: in_force

1. Personnel. The commissioner shall appoint, subject to the Civil Service Law, supervisors and consultants knowledgeable about substance use. [PL 2017, c. 407, Pt. A, §60 (AMD).]

2. Technical assistance. The department, through its supervisors and consultants, shall offer technical assistance to public and approved private schools and cooperating community-based organizations to aid in the establishment and implementation of school-based substance use disorder programs and health education curricula. [PL 2017, c. 407, Pt. A, §60 (AMD).]

3. Cooperation; coordination. The department shall carry out its planning activities related to alcohol and drug education and prevention. [PL 2017, c. 407, Pt. A, §60 (AMD).]

4. Information collection and sharing. The Department of Education is authorized to gather information about substance use disorder prevention and intervention programs initiated by state or federal agencies whose efforts are directed toward private and public schools of the State, for the purpose of sharing that information with school administrative units. [PL 2017, c. 407, Pt. A, §60 (AMD).]
20-A M.R.S. § 12859 — ME Code / Title 20-A / Part 5 / Chapter 435 / Section 12859
20-A §12859. Relationship of the Maine Area Health Education Centers System to other area health education center systems
Status: in_force

This chapter does not prohibit an existing or proposed area health education center program from operating in the State separate from the system. [PL 1991, c. 372, §2 (NEW).]
20-A M.R.S. § 8601 — ME Code / Title 20-A / Part 4 / Chapter 315 / Section 8601
20-A §8601. Purpose
Status: in_force

Since education is a lifelong process, it is declared to be the policy of the State to provide and encourage the growth of educational opportunities and, where applicable, to ensure career, citizenship and college readiness for all adults. [PL 2007, c. 131, §1 (AMD).]
20-A M.R.S. § 7 — ME Code / Title 20-A / Part 1 / Chapter 1 / Section 7
20-A §7. Property disposal
Status: in_force

A school board shall establish a policy for the disposal of personal school property valued at more than $5,000. The policy must include a provision that member municipalities be notified of any planned property disposal under this section. [PL 1991, c. 119 (NEW).]
20-A M.R.S. § 9201 — ME Code / Title 20-A / Part 4 / Chapter 321 / Section 9201
20-A §9201. Certificate of approval; exemptions
Status: in_force

1. Requirement for certificate of approval. Any privately owned post-secondary correspondence school located within the State or outside the State but having a solicitor or agent in this State to recruit students or promote the school and its program must obtain a certificate of approval from the commissioner before soliciting or selling in this State any correspondence course or collecting any tuition, fee or other charge. In addition, each correspondence school shall supply a listing of solicitors authorized by that school to recruit in this State. [PL 1991, c. 131, §1 (AMD).]

1-A. Residence component. A privately owned correspondence school offering courses or programs that require a residence component must be classified as a proprietary school and is subject to the licensing provisions of sections 9501 to 9504 . [PL 1991, c. 131, §1 (NEW).]

2. Exemptions. Public institutions that are exempt from property taxation under state laws and courses or programs of instruction conducted under contract with an employer for employees exclusively are exempt from the requirements of this chapter. [PL 1991, c. 131, §1 (AMD).]
20-A M.R.S. § 10013 — ME Code / Title 20-A / Part 5 / Chapter 401 / Section 10013
20-A §10013. Report on first-generation students
Status: in_force

1. Data and strategies. By January 15, 2014, and annually thereafter, the Board of Trustees of the University of Maine System, the Board of Trustees of the Maine Community College System and the Board of Trustees of the Maine Maritime Academy shall each submit to the joint standing committee of the Legislature having jurisdiction over education matters a report that includes the following information regarding first-generation college students, as defined by the trustees of the respective institutions: A. Data regarding enrollment of first-generation college students and educational outcomes, including graduation rates for first-generation college students compared with other college students; [PL 2013, c. 166, §1 (NEW).] B. A summary of strategies used and activities undertaken to increase enrollment and graduation rates of first-generation college students and any available data indicating the effect of those strategies and activities; and [PL 2013, c. 166, §1 (NEW).] C. Plans for or recommendations regarding new strategies or actions designed to increase enrollment and graduation rates of first-generation college students. [PL 2013, c. 166, §1 (NEW).] After receiving a report under this section, the committee may submit legislation relating to the subject matter of the report. [PL 2013, c. 166, §1 (NEW).]
20-A M.R.S. § 2304 — ME Code / Title 20-A / Part 2 / Chapter 111 / Section 2304
20-A §2304. Neglect to choose committee
Status: in_force

A municipality failing to elect members of the school committee shall forfeit not less than $30 nor more than $200. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 1258 — ME Code / Title 20-A / Part 2 / Chapter 103 / Section 1258
20-A §1258. Program
Status: in_force

A school administrative district shall maintain a program which includes kindergarten to grade 12. [PL 1981, c. 693, §§5, 8 (NEW).]

1. Secondary school. A district shall provide a secondary school facility as follows. A. A district which enrolls more than 700 pupils in grades 9 to 12 may operate more than one 4-year school. [PL 1981, c. 693, §§5, 8 (NEW).] B. A district which enrolls less than 700 pupils in grades 9 to 12 shall provide grades 10 to 12 in one facility within 4 years from the date of the district's formation. [PL 1981, c. 693, §§5, 8 (NEW).] C. Secondary school facilities may be operated as 4-year schools, a 6-year school for grades 7 to 12 or 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 1981, c. 693, §§5, 8 (NEW).] [PL 1981, c. 693, §§5, 8 (NEW).]

2. Contracts for secondary school programs. In addition to the provisions for a secondary school facility set forth in subsection 1 , a district may contract with a nearby school administrative unit or with a private school approved for tuition purposes for all or part of its secondary school pupils. The contract may run from a period of 2 to 10 years. The contract shall also comply with section 2703 and may provide for the formation of a joint committee in accordance with section 2704 . [PL 1985, c. 797, §14 (RPR).]
20-A M.R.S. § 10005 — ME Code / Title 20-A / Part 5 / Chapter 401 / Section 10005
20-A §10005. State postsecondary review entity
Status: in_force

1. Department as state postsecondary review entity. The department is designated as the state postsecondary review entity for the purpose of carrying out the program integrity triad of the Higher Education Act of 1965, 20 United States Code, Sections 1099a to 1099a-3, as amended. [PL 1993, c. 493, §1 (NEW).]

2. Rule-making authority. The commissioner has rule-making authority to implement the program integrity triad of the Higher Education Act of 1965, 20 United States Code, Sections 1099a to 1099a-3, as amended, concerning the conduct of the activities of the state postsecondary review entity. [PL 1993, c. 493, §1 (NEW).]
20-A M.R.S. § 7251 — ME Code / Title 20-A / Part 4 / Chapter 303 / Section 7251
20-A §7251. Local special education programs
Status: in_force

A school administrative unit or public school may establish an appropriate special education program. [PL 2023, c. 449, §7 (AMD).]
20-A M.R.S. § 8307-A — ME Code / Title 20-A / Part 4 / Chapter 313 / Section 8307-A
20-A §8307-A. Reorganization procedures
Status: in_force

The governing body of one or more units, or the commissioner, may prepare a plan for reorganizing the provision of career and technical education in or among existing regions or geographic areas served by existing centers and present the reorganization plan to the state board for its approval. A unit may prepare a reorganization plan only for a region or center that serves or is proposed to serve the unit. [RR 2003, c. 2, §47 (COR).]

1. Contents of reorganization plan. The reorganization plan must: A. Describe the deficiencies in the current method of providing career and technical education in a region or geographic area served by a center that require reorganizing the provision of career and technical education in that region or geographic area; [RR 2003, c. 2, §48 (COR).] B. Present an alternative organizational method of providing career and technical education in a region or geographic area served by a center; [RR 2003, c. 2, §48 (COR).] C. Present a method for assigning title to and obligations for property and indebtedness respectively of any region or center affected by a reorganization plan; [PL 1991, c. 518, §8 (NEW).] D. Contain the applicable plan required by section 8306 ; and [PL 1991, c. 518, §8 (NEW).] E. Present any other information requested by the state board. [PL 1991, c. 518, §8 (NEW).] [RR 2003, c. 2, §48 (COR).]

2. Assessment by the commissioner. The commissioner shall: A. Assess the impact of the reorganization plan on the provision of career and technical education in any region or geographic area served by a center that is affected by the reorganization plan; [RR 2003, c. 2, §49 (COR).] B. Assess the fiscal impact of the reorganization plan on the State; and [PL 1991, c. 518, §8 (NEW).] C. Submit a written report of findings to the state board. In the report, the commissioner may suggest revisions to the reorganization plan as submitted or the commissioner may propose an alternative reorganization plan. In the report, the commissioner shall specifically recommend approval or disapproval by the state board of the reorganization plan as submitted, as revised or in alternative form. [PL 1991, c. 518, §8 (NEW).] [RR 2003, c. 2, §49 (COR).]

3. Affected entities. For purposes of this section, the following entities are deemed affected by a reorganization plan: A. A unit that is served, or is proposed to be served, by a region or center that is reorganized under a reorganization plan; and [PL 1991, c. 518, §8 (NEW).] B. A region or center that is reorganized under a reorganization plan. [PL 1991, c. 518, §8 (NEW).] For purposes of this subsection a "region or center that is reorganized under a reorganization plan" means a region or center that, as a result of a reorganization plan, undergoes a change in the units served by it or a change in the organizational structure by which it serves those units. [PL 1991, c. 518, §8 (NEW).]

4. Additional information requested by state board. As part of the commissioner's assessment of a reorganization plan, or as part of its own consideration of such a plan, the state board may request additional information from any region, center, unit or affiliated unit affected by such a plan. [PL 1991, c. 518, §8 (NEW).]

5. State board approval. The state board may approve or disapprove the reorganization plan, based on the reorganization plan submitted to the state board, the assessment undertaken by the commissioner, any additional information requested by the state board and any public comments received by the state board in connection with that reorganization plan. [PL 1991, c. 518, §8 (NEW).]

6. Local public hearings. If the reorganization plan is approved by the state board, the unit or units that prepared the reorganization plan shall hold at least one public hearing in each such unit or units and at least one public hearing in another unit affected by the reorganization plan and selected by the governing body of each center or region affected by the reorganization plan to present the plan to the voters residing in those units affected by the plan. If the reorganization plan is prepared by the commissioner and approved by the state board, the commissioner shall hold at least one public hearing in a unit affected by the reorganization plan and selected by the commissioner and at least one public hearing in another unit affected by the reorganization plan and selected by the governing body of each center or region affected by the reorganization plan to present the plan to the voters residing in units affected by the plan. The career and technical education director and the cooperative board of any region affected by a reorganization plan, and the career and technical education director, advisory committee and governing body of any center affected by a reorganization plan, must be invited to participate at the public hearings. [RR 2003, c. 2, §50 (COR).]

7. Local referendum. After the public hearings required by subsection 6 , the school board of the unit or units that prepared the reorganization plan, or the commissioner if the commissioner prepared the reorganization plan, shall submit the proposal contained in that plan to the voters of each unit affected by the reorganization plan in accordance with the provisions for holding referendum elections under sections 1351 to 1354 and in Title 21‑A and Title 30‑A . The state board must approve the form of the question to be presented to the voters prior to its submission. [PL 1991, c. 518, §8 (NEW).]

8. Local voter approval; issuance of certificate of approval by state board. If the referendum required by subsection 7 is approved by 2/3 or greater of the votes cast in a majority of the units affected by the reorganization plan, the state board shall issue a certificate of approval making effective the provisions of the reorganization plan. A reorganization plan that proposes creation of a new center or region must also comply with the requirements of subchapters III and IV respectively prior to receiving a certificate of approval from the state board. [PL 1991, c. 518, §8 (NEW).]
20-A M.R.S. § 11005 — ME Code / Title 20-A / Part 5 / Chapter 413 / Section 11005
20-A §11005. Powers and duties - Article V
Status: in_force

The board may: [PL 1981, c. 693, §§ 5, 8 (NEW).]

1. Data reports. Collect, correlate and evaluate data in the fields of its interest under this compact; publish reports, bulletins and other documents making available the results of its research; and, in its discretion, charge fees for those reports, bulletins and documents; [PL 1981, c. 693, §§ 5, 8 (NEW).]

2. Contractual agreements or arrangements. Enter into such contractual agreements or arrangements with any of the compacting states or agencies thereof and with educational institutions and agencies as may be required in the judgment of the board to provide adequate services and facilities in educational fields covered by this compact. It shall be the policy of the board in the negotiation of its agreements to serve increased numbers of students from the compacting states through arrangements with then existing institutions, whenever in the judgment of the board adequate service can be so secured in the New England region. Each of the compacting states shall contribute funds to carry out the contracts of the board on the basis of the number of students from such state for whom the board may contract. Contributions shall be at the rate determined by the board in each educational field. Except in those instances where the board by specific action allocates funds available to it under Article VII , the board's authority to enter into such contracts shall be only upon appropriation of funds by the compacting states. Any contract entered into shall be in accordance with rules and regulations promulgated by the board and in accordance with the laws of the compacting states. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 15910 — ME Code / Title 20-A / Part 7 / Chapter 609 / Section 15910
20-A §15910. Requirements
Status: in_force

The following requirements shall apply to a school construction project. [PL 1981, c. 693, §§5, 8 (NEW).]

1. Applications. An application for approval of a project shall include the information required by the state board. [PL 1981, c. 693, §§5, 8 (NEW).]

2. Reports. A school administrative unit shall file: A. A copy of the debt retirement schedule with the commissioner as soon as bonds are sold; and [PL 1981, c. 693, §§5, 8 (NEW).] B. A final report on a project to include any information the commissioner may require. This report shall be made within the time specified by rule by the commissioner. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 1981, c. 693, §§5, 8 (NEW).]

3. Penalty. Failure to submit accurate reports within specified times shall be deemed sufficient cause for withholding school construction aid until the school administrative unit complies. [PL 1981, c. 693, §§5, 8 (NEW).]

4. Time of signing. A school administrative unit may not sign a contract for construction or begin construction until the final plans and specifications have been approved by the commissioner, the Bureau of General Services, the Department of Health and Human Services and the State Fire Marshal. [PL 2011, c. 691, Pt. B, §23 (AMD).]
20-A M.R.S. § 6622 — ME Code / Title 20-A / Part 3 / Chapter 223 / Section 6622
20-A §6622. Awareness
Status: in_force

The department shall request assistance from a statewide organization of principals in distributing information regarding the dangers associated with performance-enhancing substances. Each school administrative unit shall review its drug and alcohol policies and update such policies to address the use of performance-enhancing substances. [PL 2005, c. 674, §3 (NEW).]
20-A M.R.S. § 952 — ME Code / Title 20-A / Part 1 / Chapter 13 / Section 952
20-A §952. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 256, §1 (NEW).]

1. Aggregate student data. "Aggregate student data" means data that is not personally identifiable and that is collected or reported at the group, cohort or institutional level. [PL 2015, c. 256, §1 (NEW).]

2. Eligible student. "Eligible student" means a student who has reached 18 years of age or who is attending a postsecondary educational institution. [PL 2015, c. 256, §1 (NEW).]

3. Kindergarten to grade 12 school purposes. "Kindergarten to grade 12 school purposes" means purposes that take place at the direction of a school administrative unit, a school that provides instruction to any grades from kindergarten to grade 12 or a teacher at such a school or purposes that aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, preparation for postsecondary education or employment opportunities and collaboration between students, school personnel or parents, or that are for the use and benefit of the school. [PL 2015, c. 256, §1 (NEW).]

4. Operator. "Operator" means any entity other than the department, school administrative unit or school to the extent that the entity: A. Operates an Internet website, online service, online application or mobile application with actual knowledge that the website, service or application is used for kindergarten to grade 12 school purposes and was designed and marketed for kindergarten to grade 12 school purposes to the extent that the operator is operating in that capacity; and [PL 2015, c. 256, §1 (NEW).] B. Collects, maintains or uses student personally identifiable information in a digital or electronic format. [PL 2015, c. 256, §1 (NEW).] [PL 2015, c. 256, §1 (NEW).]

5. State-assigned student identifier. "State-assigned student identifier" means the unique student identifier assigned by the State to each student, which may not be and may not include the student's social security number in whole or in part. [PL 2015, c. 256, §1 (NEW).]

6. Student data. "Student data" means information that is collected and maintained at the individual student level in this State, including, but not limited to: A. Data descriptive of a student in any medium or format, including, but not limited to: (1) The student's first and last names; (2) The names of the student's parent and other family members; (3) The physical address, e-mail address, phone number and any other information that allows contact with the student or the student's family; (4) A student's personal identifier, such as the state-assigned student identifier, when used for identification purposes; (5) Other indirect identifiers, such as the student's date of birth, place of birth and mother's maiden name; (6) Results of assessments administered by the State, school administrative unit, school or teacher, including participation information; (7) Course transcript information, including, but not limited to, courses taken and completed, course grades and grade point average, credits earned and degree, diploma, credential attainment or other school exit information; (8) Attendance and mobility information between and within school administrative units within the State; (9) The student's gender, race and ethnicity; (10) Educational program participation information required by state or federal law; (11) The student's disability status; (12) The student's socioeconomic information; (13) The student's food purchases; and (14) The student's e-mails, text messages, documents, search activity, photos, voice recordings and geolocation information; and [PL 2017, c. 288, Pt. A, §27 (AMD).] B. Information that: (1) Is created by a student or the student's parent or provided to an employee or agent of the school, school administrative unit, the department or an operator in the course of the student's or parent's use of the operator's website, service or application for kindergarten to grade 12 school purposes; (2) Is created or provided by an employee or agent of the school or school administrative unit, including information provided to an operator in the course of the employee's or agent's use of the operator's website, service or application for kindergarten to grade 12 school purposes; or (3) Is gathered by an operator through the operation of an operator's website, service or application for kindergarten to grade 12 school purposes. [PL 2015, c. 256, §1 (NEW).] [PL 2017, c. 288, Pt. A, §27 (AMD).]

7. Student personally identifiable information. "Student personally identifiable information" means student data that, alone or in combination, is linked to a specific student and would allow a reasonable person who does not have knowledge of the relevant circumstances to identify the student. [PL 2015, c. 256, §1 (NEW).]

8. Targeted advertising. "Targeted advertising" means advertisements presented to a student when the advertisement is selected based on information obtained or inferred from that student's online behavior, usage of applications or student data. "Targeted advertising" includes advertising to a student at an online location based upon a single search query without collection and retention of a student's online activities over time. "Targeted advertising" includes contextual targeted advertising that is based upon factors, including, but not limited to, the central theme of an Internet website, the student's recent browsing history, the student's language and the student's location. "Targeted advertising" does not include advertising to a student at an online location based upon that student's current visit to that location. [PL 2015, c. 256, §1 (NEW).]
20-A M.R.S. § 11460 — ME Code / Title 20-A / Part 5 / Chapter 417-C / Section 11460
20-A §11460. Eligibility
Status: in_force

Loans made or insured under this chapter must be either student loans or consolidation loans. Loans made or insured under this chapter are available only to or for the benefit of a resident of the State or an individual attending an institution of higher education in the State who: [PL 2015, c. 103, §2 (AMD).]

1. Graduated. For a student loan, has graduated from an approved secondary school, matriculated at a postsecondary school prior to high school graduation or successfully completed a high school equivalency diploma or its equivalent; [PL 2015, c. 103, §2 (AMD).]

2. Accepted. For a student loan, has been accepted for enrollment as an undergraduate or graduate student or is in good standing as an undergraduate or graduate student at an institution of higher education in an eligible program of study; [PL 2015, c. 103, §2 (AMD).]

3. Application. Has applied for a loan under the program and has provided or caused to be provided all information determined necessary by the authority in order to determine eligibility; [PL 2013, c. 34, §5 (AMD).]

4. Unmet need. For a student loan, has been determined by the authority to have an unmet need for financial assistance that, if not met, will prevent the student from attending the institution of higher education of that student's choice; [PL 2015, c. 103, §2 (AMD).]

5. Residency. Meets the state residency or, for a student loan, school attendance requirements that may be established by the authority by rule; [PL 2015, c. 103, §2 (AMD).]

6. Loan repayment. Has been determined by the authority to have a reasonable prospect of being able to repay the loan. In appropriate cases, the authority may allow repayments to be deferred and subordinated to repayment of other student loans for such period of time as may be necessary for the borrower to be able to afford to repay the loan; and [PL 1991, c. 824, Pt. A, §35 (NEW).]

7. Minimum academic progress. For a student loan, is making satisfactory academic progress in accordance with the standards of that institution of higher education. [PL 2015, c. 103, §2 (AMD).]
20-A M.R.S. § 3602 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3602
20-A §3602. Statement of policy
Status: in_force

It is the purpose of this compact to increase the educational opportunities within the states of Maine and New Hampshire by encouraging the formation of interstate school districts which will each be a natural social and economic region with adequate financial resources and a number of pupils sufficient to permit the efficient use of school facilities within the interstate district and to provide improved instruction. The state boards of education of Maine and New Hampshire may formulate and adopt additional standards consistent with this purpose and with these standards; and the formation of any interstate school district and the adoption of its articles of agreement shall be subject to the approval of both state boards as set forth. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 15680-A — ME Code / Title 20-A / Part 7 / Chapter 606-B / Section 15680-A
20-A §15680-A. System administration allocation
Status: in_force

The system administration allocation is $135 per pupil based on the number of subsidizable students determined pursuant to section 15674. [PL 2021, c. 571, §30 (AMD).]

1. Fiscal year 2017-18. [PL 2019, c. 213, §1 (RP).]

2. Fiscal year 2018-19. [PL 2019, c. 213, §1 (RP).]

3. Fiscal year 2019-20. [PL 2021, c. 571, §30 (RP).]

4. Beginning in fiscal year 2020-21. [PL 2021, c. 571, §30 (RP).]
20-A M.R.S. § 11472 — ME Code / Title 20-A / Part 5 / Chapter 417-E / Section 11472
20-A §11472. Maine Education Savings Program
Status: in_force

The Maine Education Savings Program, referred to in this chapter as the "program," is established to encourage the investment of funds to be used for higher education expenses. The authority shall administer the program and act as administrator of the program fund. [PL 2021, c. 17, §2 (AMD).]
20-A M.R.S. § 4102 — ME Code / Title 20-A / Part 3 / Chapter 202 / Section 4102
20-A §4102. Closing of a school building
Status: in_force

The closing of a school building by a school administrative unit may only occur under the following conditions. [PL 1983, c. 422, §17 (AMD).]

1. Replaced by new building. The school building has been replaced by other school buildings as part of a school construction project that has been approved by the state board or the commissioner in accordance with chapter 609 . [PL 1999, c. 206, §3 (AMD).]

2. Condemned. The school building has been condemned and ordered closed by local or state officials for health and safety reasons. [PL 1983, c. 422, §17 (AMD).]

3. Lack of need. The building has been deemed to be unnecessary or unprofitable to maintain by the governing body of the administrative unit. Before a building may be closed under this subsection, a report shall be filed with the commissioner. The report shall contain, at a minimum, the following: A. Projection of the number of students in the affected area over the next 5 school years, including a projection of the educational programs which they will need; [PL 1983, c. 422, §17 (NEW).] B. Manner in which the continuation of the educational programs for the affected students will be provided; [PL 1983, c. 422, §17 (NEW).] C. Effective date on which the closing will take place; [PL 1983, c. 422, §17 (NEW).] D. Projection of additional transportation or other related services; [PL 1983, c. 422, §17 (NEW).] E. Existence of any other outstanding financial commitments, including debt service, related to the school building along with a retirement schedule of payments to meet the commitments; [PL 1983, c. 422, §17 (NEW).] F. Proposed disposition of the school building; [PL 1983, c. 422, §17 (NEW).] G. Financial impact of closing the school building; and [PL 1983, c. 422, §17 (NEW).] H. Statement of reasons why the school building is being closed. [PL 1983, c. 422, §17 (NEW).] [PL 1983, c. 422, §17 (NEW).]

4. Voter approval. Before a school board may close a school building pursuant to subsection 3 , voter approval shall be obtained as follows. A. Elementary schools in school administrative districts, regional school units and community school districts may only be closed if approved by the voters in accordance with the procedures set out in section 1512 for regional school units. [PL 2011, c. 171, §7 (AMD).] B. Secondary schools in school administrative districts, regional school units and community school districts may be closed only if approved by the voters in accordance with the procedures set out in section 1512 for regional school units. [PL 2011, c. 171, §7 (AMD).] B-1. Elementary or secondary schools in school administrative units that are not school administrative districts, regional school units or community school districts may be closed without voter approval, unless the school board is presented with a written petition, within 30 days of the board's decision to close the school, by 10% of the number of voters in the school administrative unit who voted at the last gubernatorial election, in which case a special referendum must be called pursuant to: (1) Section 1351 for school administrative districts; (2) Title 30‑A, sections 2528 to 2532 , for community school districts, except the school board shall issue a warrant specifying that the municipalities within the district place the petitioned article on the ballot, and shall prepare and furnish the required number of ballots for carrying out the election; and (3) Title 21‑A and Title 30‑A , respectively, for cities and towns. [PL 2011, c. 171, §7 (NEW).] C. The article to be used shall be substantially in the following form: "Article: Shall the school committee of ........................................................ (name of town) (the board of directors of School Administrative District No. .......) be authorized to close ............................................................. (name of school)? Yes.................... No.................... The additional cost of keeping the school open has been estimated by the school committee (board of directors) to be $ ......... ." [PL 1983, c. 422, §17 (NEW).] [PL 2011, c. 171, §7 (AMD).]
20-A M.R.S. § 6971 — ME Code / Title 20-A / Part 3 / Chapter 229 / Section 6971
20-A §6971. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2013, c. 318, §3 (NEW).]

1. Collaborative agreement. "Collaborative agreement" means an agreement between a secondary school, a career and technical education program and one or more public postsecondary educational institutions in the State to form a collaborative partnership that articulates a credit transfer agreement between the publicly supported educational institutions and that specifies each institution's responsibility for and cost of the delivery of specified secondary and postsecondary educational functions and support services over a 3-year period for a cohort-based program that provides secondary school students with the opportunity to take postsecondary education courses and earn credits toward an associate degree while participating in a career and technical education program that integrates secondary education and postsecondary education courses. [PL 2013, c. 318, §3 (NEW).]

2. Collaborative board. "Collaborative board" means the governing body composed of representatives of the publicly supported educational institutions participating in the collaborative partnership and the department. The collaborative board has direct oversight over all collaborative agreements. [PL 2013, c. 318, §3 (NEW).]

3. Collaborative partnership. "Collaborative partnership" means a dual enrollment career and technical education collaborative partnership formed pursuant to this chapter to provide a cohort-based learning pathway for career and technical education students that provides those students with the opportunity to take postsecondary education courses and earn credits toward an associate degree while participating in a career and technical education program that integrates secondary education and postsecondary education courses. [PL 2013, c. 318, §3 (NEW).]

4. Dual enrollment career and technical education program. "Dual enrollment career and technical education program" means a nonduplicative learning pathway for a specific career and technical education program that provides secondary school students with the opportunity to take postsecondary education courses and earn credits toward an associate degree while participating in a career and technical education program that: A. Provides a cohort-based experience for secondary school students to acquire technical skills and proficiencies through enrollment in a career and technical education program in their junior and senior years and earn concurrent credits toward a high school diploma and a postsecondary education degree through dual enrollment in integrated secondary and postsecondary education courses over a 3-year period that: (1) Begins with the student's junior year in secondary school; (2) Includes up to 3 years of summer career academies; (3) Includes a college freshman seminar experience; (4) Meets national concurrent enrollment standards; (5) Concludes at the end of summer following the student's senior year in secondary school; and (6) Includes college course work that provides the opportunity to earn a general associate’s degree allowing students of many diverse interests the opportunity to transfer credits earned to postsecondary education programs of their individual choosing; and [PL 2013, c. 318, §3 (NEW).] B. Includes individual learning plans, academic and career assessment, college and career advising, career exploration and job-shadowing opportunities matched to achieve the student's individual academic and career goals. [PL 2013, c. 318, §3 (NEW).] [PL 2013, c. 318, §3 (NEW).]

5. Eligible agencies for funding. "Eligible agencies for funding" means career and technical education centers and regions as defined in chapter 313 . [PL 2013, c. 318, §3 (NEW).]

6. Publicly supported educational institution. "Publicly supported educational institution" means a publicly supported secondary school, a career and technical education program and a public postsecondary education institution in the State. [PL 2013, c. 318, §3 (NEW).]
20-A M.R.S. § 8703-A — ME Code / Title 20-A / Part 4 / Chapter 316 / Section 8703-A
20-A §8703-A. Use of seatbelts
Status: in_force

The instructor and students are required to use seat belts during the behind-the-wheel instruction portion of the course. [PL 1989, c. 502, Pt. A, §55 (NEW).]
20-A M.R.S. § 11483 — ME Code / Title 20-A / Part 5 / Chapter 417-E / Section 11483
20-A §11483. Compliance with federal law
Status: in_force

The authority may take any action necessary to ensure that the program complies with the federal Internal Revenue Code of 1986, Section 529, as amended, and any successor provisions and other applicable laws, rules and regulations adopted pursuant to that provision to the extent necessary for the program fund to constitute a qualified tuition program with the benefits of eligibility under provisions of the federal Internal Revenue Code of 1986 addressing qualified tuition programs. [PL 2021, c. 17, §8 (AMD).]
20-A M.R.S. § 12922 — ME Code / Title 20-A / Part 5 / Chapter 439 / Section 12922
20-A §12922. Maine Science, Technology, Engineering and Mathematics Loan Program
Status: in_force

The Maine Science, Technology, Engineering and Mathematics Loan Program is established to increase the number of students in this State pursuing undergraduate and graduate degrees in the fields of science, computer science, technology, engineering and mathematics. The authority shall provide loans in amounts up to $7,500 per year for a maximum of 5 years to selected STEM students. As used in this section, "employed in the field of science, computer science, technology, engineering or mathematics" includes a person employed as an educator in any of those fields. [PL 2015, c. 435, §1 (NEW).]

1. Annual interest rate of 0%. A STEM student may receive a loan bearing an annual interest rate of 0% if the student upon graduation: A. Remains in or returns to the State to live and work; and [PL 2015, c. 435, §1 (NEW).] B. Is employed in the field of science, computer science, technology, engineering or mathematics. [PL 2015, c. 435, §1 (NEW).] [PL 2015, c. 435, §1 (NEW).]

2. Annual interest rate of 5%. A STEM student may receive a loan bearing an annual interest rate of 5% if the student upon graduation: A. Remains in or returns to the State to live and work; and [PL 2015, c. 435, §1 (NEW).] B. Is not employed in the field of science, computer science, technology, engineering or mathematics. [PL 2015, c. 435, §1 (NEW).] [PL 2015, c. 435, §1 (NEW).]

3. Annual interest rate of 8%. A STEM student may receive a loan bearing an annual interest rate of 8% if the student does not remain in or return to the State to live and work upon graduation. [PL 2015, c. 435, §1 (NEW).]
20-A M.R.S. § 10706 — ME Code / Title 20-A / Part 5 / Chapter 409 / Section 10706
20-A §10706. Coordinated programs
Status: in_force

An educational institution may offer programs for academic credit that are coordinated with a Maine degree-granting educational institution and that have been approved by the state board. [PL 2007, c. 572, Pt. A, §12 (AMD).]
20-A M.R.S. § 3607 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3607
20-A §3607. Duties of interstate school district planning committee
Status: in_force

It shall be the duty of an interstate school district planning committee, in consultation with the commissioners and the state departments of education: To study the advisability of establishing an interstate school district in accordance with the standards set forth in section 3602 , its organization, operation and control, and the advisability of constructing, maintaining and operating a school or schools to serve the needs of such interstate district; to estimate the construction and operating costs thereof; to investigate the methods of financing such school or schools, and any other matters pertaining to the organization and operation of an interstate school district; and to submit a report or reports of its findings and recommendations to the several member districts. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 12101 — ME Code / Title 20-A / Part 5 / Chapter 424 / Section 12101
20-A §12101. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW).]

1. Authority. "Authority" means the Finance Authority of Maine. [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW).]

2. Chief executive officer. "Chief executive officer" means the Chief Executive Officer of the Finance Authority of Maine. [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW).]

3. Clinical education. "Clinical education" means any on-location teaching environment ranging from a one-to-one training between a physician and a medical student to a training in a health clinic or hospital with or without a residency program. [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW).]

4. Health professional shortage area. "Health professional shortage area" means an area in the State lacking in medical professionals as designated by the Commissioner of Health and Human Services. [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]

5. Insufficient veterinary services. "Insufficient veterinary services" means an insufficient number of practitioners of veterinary medicine in either a veterinary specialty or a geographic area, as determined by the Commissioner of Agriculture, Conservation and Forestry. [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW); PL 2011, c. 657, Pt. W, §6 (REV).]

6. Maine resident. "Maine resident" means a person who has been a resident of the State for a minimum of one year as determined by rule of the authority who shall consider: A. Length of residence in Maine for other than tuition purposes; [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW).] B. Secondary school attended; [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW).] C. Legal residence of parents; [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW).] D. Place of voting registration, if registered to vote; [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW).] E. Place where taxes are paid; and [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW).] F. Other indicators established by the authority. [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW).] [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW).]

7. Nonresident tuition. "Nonresident tuition" means tuition charged to persons who are not residents in the state where an institution of allopathic or osteopathic medical education with which the authority has a contract is located. If the institution makes no distinction between the tuition charged resident and nonresident students, then "nonresident tuition" means the tuition charged all students. [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW).]

8. Primary health care. "Primary health care" means general or family practice of medicine, general internal medicine, general pediatrics, general dentistry and obstetrics and gynecology. [PL 1995, c. 117, Pt. D, §1 (AMD); PL 1995, c. 117, Pt. D, §3 (AFF).]

8-A. Qualifying Maine-based medical school program. "Qualifying Maine-based medical school program" means an allopathic or osteopathic medical school program affiliated with a medical school accredited by the Liaison Committee on Medical Education or its successor or the American Osteopathic Association or its successor in which: A. An educational or health care institution located in this State participates in curriculum development and the selection of students for admission; [PL 2009, c. 410, §1 (NEW).] B. No fewer than 10 students per class year are enrolled and in which these students are required to complete not less than one academic year of the medical school curriculum at facilities located in this State; [PL 2009, c. 410, §1 (NEW).] C. Funds are raised through philanthropic resources and the private sector to match 100% of those funds appropriated or allocated by the State for scholarships under section 12103 ; and [PL 2009, c. 410, §1 (NEW).] D. The program curriculum includes required clerkship experiences in and training and course completion in rural health care and primary care. [PL 2009, c. 410, §1 (NEW).] [PL 2009, c. 410, §1 (NEW).]

9. Underserved group. "Underserved group" means a population group in the State receiving insufficient primary health care, as determined by the Commissioner of Health and Human Services. [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]

10. Underserved specialty. "Underserved specialty" means a medical specialty in which there are insufficient practitioners either throughout the State or within a designated geographic area of the State, as determined by rule of the Commissioner of Health and Human Services. [PL 1991, c. 830, §4 (NEW); PL 1991, c. 832, §10 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
20-A M.R.S. § 4731 — ME Code / Title 20-A / Part 3 / Chapter 207-A / Section 4731
20-A §4731. Life and career readiness standards (REALLOCATED FROM TITLE 20-A, SECTION 4730)
Status: in_force

(REALLOCATED FROM TITLE 20-A, SECTION 4730)

Recognizing that students will choose to enter the workforce in different ways and consistent with the life and career readiness standards pursuant to section 6209 , each school administrative unit shall offer relevant opportunities that may include interactive experiences and allow for direct exposure between students and a variety of career options to help students develop habits of efficacy, resourcefulness and adaptability as the students take steps to create and implement postsecondary school plans. [PL 2021, c. 190, §4 (NEW); RR 2021, c. 1, Pt. A, §18 (RAL).]
20-A M.R.S. § 3803 — ME Code / Title 20-A / Part 2 / Chapter 123 / Section 3803
20-A §3803. Oversight
Status: in_force

The commissioner shall provide oversight of the education service centers, and this oversight must include the following. [PL 2019, c. 219, §3 (AMD).]

1. Data collection; monitoring. The commissioner or the commissioner's designee is responsible for collecting, analyzing and reporting data from education service centers. The commissioner or the commissioner's designee shall monitor the performance and legal compliance of the education service centers, including collecting and analyzing data to support ongoing evaluation of the education service centers. [PL 2019, c. 219, §3 (AMD).]

2. Notification of unsatisfactory performance or compliance. If an education service center's performance or legal compliance appears unsatisfactory, the commissioner shall promptly provide written notice to the education service center and its members of perceived problems and provide reasonable opportunity for the education service center to remedy the problems. The education service center shall provide the commissioner a corrective action plan to remedy the problems. [PL 2019, c. 219, §3 (AMD).]
20-A M.R.S. § 13 — ME Code / Title 20-A / Part 1 / Chapter 1 / Section 13
20-A §13. Suicide and crisis hotline
Status: in_force

1. Secondary student identification cards. A school administrative unit that issues identification cards to secondary students enrolled in the school administrative unit shall ensure that identification cards issued to secondary students contain the 988 telephone number for the national suicide and crisis hotline. [PL 2023, c. 561, §1 (NEW).]

2. Postsecondary student identification cards. A public postsecondary educational institution in the State that issues identification cards to students enrolled in the public postsecondary educational institution shall ensure that identification cards contain the 988 telephone number for the national suicide and crisis hotline. [PL 2023, c. 561, §1 (NEW).]

3. Student-facing locations. In addition to the requirements in subsection 1 or 2 , when applicable, a school administrative unit or public postsecondary educational institution shall place the 988 telephone number for the national suicide and crisis hotline in at least one location regularly accessed by students, including, but not limited to, a sticker on school-issued electronic devices or on the home page of an online student portal. [PL 2023, c. 561, §1 (NEW).]
20-A M.R.S. § 251 — ME Code / Title 20-A / Part 1 / Chapter 3 / Section 251
20-A §251. Appointment; term
Status: in_force

The appointment and term of service of the commissioner shall be as follows. [PL 1981, c. 693, §§5, 8 (NEW).]

1. Appointment. The commissioner shall be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over education and to confirmation by the Legislature. A. The Governor shall include the chairman of the State Board of Education in the selection process and shall ensure that the state board has an opportunity to meet and interview the candidate or candidates. [PL 1983, c. 123 (NEW).] B. Within 10 days of meeting with the candidate or candidates, the state board shall deliver to the Governor its written appraisal of the strengths and weaknesses of the candidate or candidates. [PL 1983, c. 123 (NEW).] C. The Governor shall consider the appraisal of the state board prior to posting the nomination of a candidate. [PL 1983, c. 123 (NEW).] [PL 1983, c. 123 (RPR).]

2. Term. The commissioner shall serve at the pleasure of the Governor. [PL 1981, c. 693, §§5, 8 (NEW).]
20-A M.R.S. § 6354 — ME Code / Title 20-A / Part 3 / Chapter 223 / Section 6354
20-A §6354. Immunization
Status: in_force

1. Immunization required. Except as otherwise provided under this subchapter, every parent shall cause to be administered to that parent's child an adequate dosage of an immunizing agent against each disease. [RR 2019, c. 2, Pt. B, §18 (COR).]

2. Immunizing agent to meet standards. Any such immunizing agent shall meet standards for such biological products, approved by the United States Public Health Service and the dosage requirement specified by the Department of Health and Human Services. [PL 1983, c. 661, §8 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
20-A M.R.S. § 11462 — ME Code / Title 20-A / Part 5 / Chapter 417-C / Section 11462
20-A §11462. Loans to minors
Status: in_force

Notwithstanding any other law, if the borrower on a loan made or insured under this program is a minor, an otherwise valid note or other written agreement executed by the borrower for the purpose of the loan creates a binding obligation. [PL 1991, c. 824, Pt. A, §35 (NEW).]
20-A M.R.S. § 12723 — ME Code / Title 20-A / Part 5 / Chapter 431 / Section 12723
20-A §12723. High school graduates tuition waiver; 2021-2022 and 2022-2023 school years
Status: in_force

For the 2021-2022 and 2022-2023 school years, the system shall provide a waiver of tuition and fees to any student who graduated from a high school in this State in the 2019-2020 or 2020-2021 school year and who has completed an application for federal student aid financial aid programs and is eligible for a Federal Pell Grant for the academic year in which the person applies to the system. The amount of the waiver is limited to the difference between the amount of the full tuition and fees and the amount provided by the Federal Pell Grant and is limited to 2 school years. The system may request federal funding allocated to the State in any federal law enacted after December 15, 2020 that provides stimulus funds due to the pandemic related to coronavirus disease 2019, or COVID-19, and additional General Fund appropriations from the Legislature to offset the reduction in tuition and fee revenues. The availability of the waiver is limited to the amount appropriated. [PL 2021, c. 372, §1 (NEW).]
20-A M.R.S. § 1256 — ME Code / Title 20-A / Part 2 / Chapter 103 / Section 1256
20-A §1256. Powers and duties
Status: in_force

The board of directors: [PL 1981, c. 693, §§5, 8 (NEW).]

1. School district name. May select an unofficial name for the district; [PL 1983, c. 485, §11 (AMD).]

2. Finance committee. May elect a finance committee of 3 or more members who must be directors; [PL 2005, c. 496, §1 (AMD).]

3. Operating schools. May authorize and oversee the operation of elementary schools; [PL 2001, c. 588, §19 (AMD).]

4. Purchase of land outside the district. May purchase land outside of the geographical limits of the district and erect a school on it if, because of the location of other schools within the school district or transportation difficulties, a school within the district would not be in the best interests of the district; [PL 1981, c. 693, §§5, 8 (NEW).]

5. Bylaws. Shall adopt bylaws for the regulation of the affairs of the board and the conduct of its business; [PL 1981, c. 693, §§5, 8 (NEW).]

6. [PL 1983, c. 422, §3 (RP).]

7. Gifts. May accept and receive money or other property, outright or in trust, for any specified benevolent or educational purpose. The board shall comply with the following in accepting gifts. A. If the board receives written notice from a prospective donor or a representative of the donor, of a proposed gift, they shall submit the matter to the next regular meeting of the board or shall call a special meeting. The board shall, within 10 days after the meeting, send written notice of its acceptance or rejection. [PL 1983, c. 806, §18 (AMD).] B. If the gift is in trust, the board shall cause the trust funds to be deposited or invested according to Title 30‑A, chapter 223, subchapter III‑A . (1) Unless prohibited by a trust instrument, the district 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 district fails to comply with the terms of the trust instrument, the trust fund reverts to the donor or the donor's heirs. [PL 2001, c. 588, §20 (AMD).] C. If the money or other property is a conditional gift for any specified benevolent or educational purpose, the following shall apply. (1) Prior to the acceptance of a gift the board of directors shall obtain approval of the legislative body of the school administrative district. (2) When the donor's part of the agreement respecting the execution of the conditional gift has been completed, the district 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 shall be deposited or invested according to Title 30‑A, chapter 223, subchapter III‑A . [PL 1987, c. 737, Pt. C, §§40, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8,10 (AMD).] [PL 2001, c. 588, §20 (AMD).]
20-A M.R.S. § 1251 — ME Code / Title 20-A / Part 2 / Chapter 103 / Section 1251
20-A §1251. Board of directors
Status: in_force

Provisions for a board of directors shall be as follows. [PL 1981, c. 693, §§ 5, 8 (NEW).]

1. Size. The size shall be determined by the joint meeting under section 1203 or by the reapportionment committee under section 1255 , but shall not be less than 5. It shall include at least one director from each municipality or subdistrict. [PL 1981, c. 693, §§ 5, 8 (NEW).]

2. Term of office. In municipalities with annual elections, directors shall serve a 3-year term. In municipalities with biennial elections, directors shall serve a 4-year term. A director shall serve until a successor is elected and qualified. [PL 1983, c. 806, §13 (AMD).]

3. Terms of office under district formation. The newly elected directors under a district formation or reapportionment plan shall meet and draw lots for the length of term specified as follows. A. In municipalities with annual elections, 1/3 of the directors shall serve one-year terms, 1/3 shall serve 2-year terms and 1/3 shall serve 3-year terms. If the number of directors is not evenly divisible by 3, the first remaining director shall serve a 3-year term and the 2nd a 2-year term. [PL 1981, c. 693, §§ 5, 8 (NEW).] B. In municipalities with biennial elections, 1/2 of the directors shall serve a 4-year term and 1/2 a 2-year term. If the number of directors is not divisible by 2, the remaining director shall serve a 4-year term. [PL 1981, c. 693, §§ 5, 8 (NEW).] C. The directors shall serve their terms as determined at the organizational meeting and an additional period until the next regular election of the municipalities. Thereafter, the directors' terms of office shall be established in accordance with the provisions of section 1003 . [PL 1983, c. 485, §9 (AMD).] [PL 1983, c. 485, §9 (AMD).]

4. Compensation. Compensation for attendance at a school board meeting shall be between $10 and $25 per meeting. Whenever the directors recommend to increase their compensation, they shall submit their recommendation to the district voters for approval. A. On notification by the school board, the municipal officers shall, at the next regular or special town meeting or city election, prepare a warrant or ballot for the purpose of voting on the proposed increase. The question shall be in the following form. "Should the School Administrative District No. directors be paid compensation at the rate of $ for each meeting which each director attends?" [PL 1981, c. 693, §§5, 8 (NEW).] B. No increase in compensation is effective unless approved by a majority of the voters voting on the question. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 1981, c. 693, §§ 5, 8 (NEW).]

5. Secretary and treasurer. The superintendent shall serve as secretary and treasurer of the school board and shall give a bond to the district of a sum and with the sureties as the school board shall determine. The bond shall be deposited with the chairman. The expense of that bond shall be paid by the district. The bond premium, compensation paid directors for attendance at meetings and expenses of the district shall be paid from funds of the district by the treasurer on vouchers presented and certified by the superintendent and approved by a majority of the school board or a finance committee duly elected annually by that board. [PL 1981, c. 693, §§ 5, 8 (NEW).]

6. Oath of office. Before their first meeting, newly elected directors must take the following oath or affirmation before a dedimus justice or notary public. "I ................ do swear that I will faithfully discharge to the best of my abilities the duties encumbent on me as a school director of School Administrative District No........ according to the Constitution and laws of this State. So help me God." A. A director shall take the oath or affirmation and return a certificate documenting that the oath has been taken to the secretary of the district to place in the district records. [PL 1987, c. 736, §40 (AMD).] B. If a director is conscientiously scrupulous of taking an oath, the word "affirm" may be used instead of "swear" and the words "this I do under the pains and penalty of perjury" instead of the words "so help me God." [PL 1991, c. 655, §2 (AMD).] [PL 1991, c. 655, §2 (AMD).]

7. Election of officers. The board of directors shall elect a chairman and vice-chairman and other officers as may be necessary. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 7209-A — ME Code / Title 20-A / Part 4 / Chapter 303 / Section 7209-A
20-A §7209-A. Transition of responsibility for ensuring a free, appropriate public education for children eligible under Part B, Section 619
Status: in_force

In order to meet the requirement that, beginning July 1, 2028, all school administrative units are designated as responsible for child find activities and for ensuring a free, appropriate public education for children eligible under Part B, Section 619 pursuant to section 7006 , the following transition schedule and supports apply. [PL 2023, c. 643, Pt. W, §17 (NEW).]

1. Transition year one. Beginning July 1, 2024, school administrative units may be approved by the commissioner to assume the responsibility for child find activities and for ensuring a free, appropriate public education for children eligible under Part B, Section 619. The department shall approve readiness plans in accordance with subsection 8 and shall provide professional learning in working with young children and their families and technical support throughout the planning and implementation of the first year to assist school administrative units to prepare to meet the standards of the readiness plans. Funding must be provided to school administrative units on a quarterly basis in accordance with section 7303 . Prior to a school administrative unit assuming responsibilities for child find activities and for ensuring a free, appropriate public education, the department shall establish a memorandum of understanding with the school administrative unit to determine the services to be provided by the department and the regional support and service hub. The memorandum of understanding must be reviewed and updated in response to unanticipated needs each month. The department shall contract with a national expert to regularly monitor funding and programming and recommend changes to be considered as part of the transition year one activities. [PL 2023, c. 643, Pt. W, §17 (NEW).]

2. Additional transition years. During the 2025-2026, 2026-2027 and 2027-2028 school years, the commissioner shall approve school administrative units in addition to those approved under subsection 1 to assume responsibility for child find activities and for ensuring a free, appropriate public education. The department shall provide professional learning, funding and technical assistance in the same manner as provided to school administrative units in subsection 1 . [PL 2023, c. 643, Pt. W, §17 (NEW).]

3. Additional time for certain school administrative units. If the commissioner determines that a school administrative unit is not able to assume responsibility for child find activities and for ensuring a free, appropriate public education by July 1, 2028 because the school administrative unit requires additional time and support in regions where related services and staffing are not available to support the transition, the commissioner shall provide that school administrative unit with necessary resources and an additional year to assume responsibility for child find activities and for ensuring a free, appropriate public education. If the school administrative unit cannot assume responsibility for child find activities and for ensuring a free, appropriate public education, as determined by the commissioner, the school administrative unit may qualify for a modified plan for managing children eligible under Part B, Section 619 in accordance with section 7006, subsection 4 . [PL 2023, c. 643, Pt. W, §17 (NEW).]

4. Service provision. A school administrative unit that has assumed responsibility for child find activities and for ensuring a free, appropriate public education may directly provide special education and related services to children eligible under Part B, Section 619, may contract with public and private providers to provide special education and related services and may access the school administrative unit's regional site or regional support and service hub to provide certain services as delineated in the memorandum of understanding between the school administrative unit and the department. [PL 2023, c. 643, Pt. W, §17 (NEW).]

5. Transition of Child Development Services System regional sites to regional support and service hubs. When a school administrative unit is responsible for child find activities and for ensuring a free, appropriate public education, the Child Development Services System site in that region shall transition to serve as a regional support and service hub to meet the requirements of section 7211 and to make necessary services and supports available in accordance with a memorandum of understanding developed between the department and the school administrative unit before the transition of responsibility occurs. The regional support and service hubs must be aligned with the 9 superintendent regions established by the statewide association of superintendents. [PL 2025, c. 390, Pt. A, §35 (AMD).]

6. Annual report. Beginning March 1, 2025 and in each subsequent year of the transition phase in subsections 1 to 3 , the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over education matters. The report must include data and information regarding the number of school administrative units that have assumed responsibility for child find activities and for ensuring a free, appropriate public education and progress on the implementation of the transition under this section. During the transition, this report must include the annual report requirements under section 7006, subsection 5 . The joint standing committee of the Legislature having jurisdiction over education matters may report out a bill related to the report to the session of the Legislature in which the report is received. [PL 2023, c. 643, Pt. W, §17 (NEW).]

7. Due process and compensatory services; review. The Child Development Services System is responsible for ensuring due process and shall pay 100% of costs for compensatory services for children eligible under Part B, Section 619 who have been underserved through the Child Development Services System. The Child Development Services System shall conduct a review of the files of children eligible under Part B, Section 619 to determine whether legally required special education and related services have been provided. The review must be conducted for children eligible under Part B, Section 619: A. Who are entering kindergarten; and [PL 2023, c. 643, Pt. W, §17 (NEW).] B. For whom responsibility for a free, appropriate public education is being transferred to a school administrative unit. For children eligible under this subsection, the review must be conducted prior to the school administrative unit assuming responsibility for child find activities and for ensuring a free, appropriate public education. [PL 2023, c. 643, Pt. W, §17 (NEW).] If legally required special education and related services have not been provided or have only partially been provided, the Child Development Services System shall schedule an individualized education program meeting to determine the compensatory services that are warranted and to develop a plan to provide necessary compensatory services. [PL 2023, c. 643, Pt. W, §17 (NEW).]

8. Readiness plans; assessment. Before a school administrative unit may be approved by the commissioner to assume the responsibility for child find activities and for ensuring a free, appropriate public education for children eligible under Part B, Section 619, the department shall assess the school administrative unit's readiness plan. The school administrative unit's readiness plan must include, but is not limited to: A. The requirements for basic approval standards for public preschool programs established by applicable department rule; [PL 2023, c. 643, Pt. W, §17 (NEW).] B. Whether the school administrative unit has an existing public preschool program and, if so, whether the school administrative unit has plans to expand that program; [PL 2023, c. 643, Pt. W, §17 (NEW).] C. Prior, ongoing and future professional development on early learning and development and best practices for district administrators, leadership, staff and educators; [PL 2023, c. 643, Pt. W, §17 (NEW).] D. Assurance of providing special education and related services in the least restrictive environment; and [PL 2023, c. 643, Pt. W, §17 (NEW).] E. A preschool enrollment policy, if any. [PL 2023, c. 643, Pt. W, §17 (NEW).] [PL 2023, c. 643, Pt. W, §17 (NEW).]

9. Parental advisory committees. The Child Development Services System may establish parental advisory committees at each of the 9 regional support and service hubs. A. The majority of each of the parental advisory committee's membership must be parents. The rest of the membership of the parental advisory committees must reflect representatives from the regional support and service hubs, school administrative units and statewide associations dedicated to assisting parents and families of persons with disabilities. Members of the parental advisory committees are not entitled to compensation. [PL 2023, c. 643, Pt. W, §17 (NEW).] B. The parental advisory committees shall seek input and feedback, to the greatest extent possible and from a broad array of parents from diverse geographic regions of the State, on the implementation of child find activities and the provision of special education and related services to children eligible under Part B, Section 619. The Child Development Services System shall assist the parental advisory committees in establishing a method for parents to communicate directly with the parental advisory committees to provide feedback. [PL 2023, c. 643, Pt. W, §17 (NEW).] Beginning March 1, 2025 and annually thereafter, the Child Development Services System shall submit a report to the joint standing committee of the Legislature having jurisdiction over education matters, which must include, but is not limited to, the number of parental advisory committees that have been formed, how often they met during the prior year and the number of individuals who have participated. The report may also include findings and recommendations from the parental advisory committees regarding the implementation of child find activities and the provision of free, appropriate public education for children eligible under Part B, Section 619. The joint standing committee of the Legislature having jurisdiction over education matters may report out a bill related to the report to the session of the Legislature in which the report was received. [PL 2023, c. 643, Pt. W, §17 (NEW).]

10. Coordination. The department shall designate an individual to coordinate the concurrent transition of responsibility for ensuring a free, appropriate public education for children eligible under Part B, Section 619 and for children participating in universal public‑preschool consistent with the goals outlined in section 4501 . This individual shall facilitate coordination and outreach to increase public‑preschool partnerships and shall assist in the coordination of the regional support and service hubs that support the transition of the responsibility for ensuring a free, appropriate public education to school administrative units. This individual shall support school administrative units in contracting with public or private providers and with Child Development Services System regional sites to ensure the provision of a free, appropriate public education for any preschool‑aged child. [PL 2023, c. 643, Pt. W, §17 (NEW).]
20-A M.R.S. § 19104 — ME Code / Title 20-A / Part 9 / Chapter 801 / Section 19104
20-A §19104. Fiduciary roles and responsibilities
Status: in_force

The Commissioner of Administrative and Financial Services, referred to in this section as the "commissioner," shall act as fiduciary and fiscal agent with respect to the management and administration of the fund. The commissioner may accept donations to the fund consistent with the guiding principles established under section 19102, subsection 3 . The commissioner shall ensure that donations to the fund are segregated from other state assets, separately accounted for and held in trust on behalf of the State for the purposes specified in this chapter and for no other purpose. The commissioner shall enter into and administer an investment contract for the investment of fund funds by an appropriate entity, including, but not limited to, the Board of Trustees of the Maine Public Employees Retirement System or another entity approved by the commissioner. The Treasurer of State shall review the proposed investment contract to ensure that the proposed investment management fees are reasonable for the investment management services provided. [PL 2001, c. 358, Pt. II, §5 (RPR); PL 2003, c. 20, Pt. TT, §1 (AMD); PL 2007, c. 58, §3 (REV).]

1. Investment of fund. If the commissioner determines that the Board of Trustees of the Maine Public Employees Retirement System is the appropriate entity to provide for the investment of fund funds, the following provisions apply. A. The Board of Trustees of the Maine Public Employees Retirement System shall invest the fund in the same manner and according to the same investment policy and practices by which the board invests the assets of the Maine Public Employees Retirement System. [PL 2001, c. 358, Pt. II, §5 (NEW); PL 2003, c. 20, Pt. TT, §1 (AMD); PL 2007, c. 58, §3 (REV).] B. The Board of Trustees of the Maine Public Employees Retirement System shall treat the fund as held in trust on behalf of the State for the purposes specified in this chapter and no other and shall separately account for the fund as investment assets, attributing to the fund its proportional share of investment returns and of investment management costs and expenses, including costs and expenses of the retirement system arising because of its investment of the fund. [PL 2001, c. 358, Pt. II, §5 (NEW); PL 2003, c. 20, Pt. TT, §1 (AMD); PL 2007, c. 58, §3 (REV).] C. The commissioner and the Board of Trustees of the Maine Public Employees Retirement System shall develop jointly a memorandum of understanding, setting out their mutual understanding of the investment of the fund, the related investment accounting and investment return and expense attribution. [PL 2001, c. 358, Pt. II, §5 (NEW); PL 2003, c. 20, Pt. TT, §1 (AMD); PL 2007, c. 58, §3 (REV).] [PL 2001, c. 358, Pt. II, §5 (RPR); PL 2003, c. 20, Pt. TT, §1 (AMD); PL 2007, c. 58, §3 (REV).]

2. Audit of fund. The commissioner shall ensure adequate audit of the investment management of the fund and the expenditures of the fund each state fiscal year. If the investment of the fund is managed by the Board of Trustees of the Maine Public Employees Retirement System, the audit must be conducted within the scope of the annual audit of the Maine Public Employees Retirement System or through separate audit as considered appropriate by the Board of Trustees of the Maine Public Employees Retirement System. Any separate audit must be reported to the Governor, the Legislature, the commissioner and the State Controller in as timely a manner as possible after the close of each state fiscal year. [PL 2001, c. 358, Pt. II, §5 (RPR); PL 2003, c. 20, Pt. TT, §1 (AMD); PL 2007, c. 58, §3 (REV).]

3. Use of fund. In addition to the budgeting guidelines pursuant to section 19105 , in accordance with the annual learning technology plan established pursuant to section 19102 , the income from the fund may be used for necessary audit services, legal expenses, investment management fees and services and general administrative expenses related to the management and administration of the fund. The principal and income of the fund may not be used to implement the fundraising plan required pursuant to section 19103, subsection 2 . [PL 2001, c. 358, Pt. II, §5 (RPR); PL 2003, c. 20, Pt. TT, §1 (AMD).]

4. Fund term. The commissioner shall manage the fund as follows: A. Prior to January 8, 2003 the commissioner shall take all reasonable and prudent steps to manage the investment, expenditures and cash flow of the fund to ensure that the initial principal of the fund, consisting of General Fund money appropriated by the State, is maximized and, to the greatest extent feasible, not diminished; and [PL 2001, c. 358, Pt. II, §5 (NEW); PL 2003, c. 20, Pt. TT, §1 (AMD).] B. After January 7, 2003: (1) If contributions consistent with the guiding principles established under section 19102, subsection 3 totaling $15,000,000 are received or pledged from other sources by January 7, 2003, the commissioner shall operate the fund in a manner consistent with the learning technology plan in order to maintain in perpetuity any balances remaining at the close of the 2006-2007 school year. The commissioner shall take all reasonable and prudent steps to manage the investment, expenditures and cash flow of the fund to ensure that the initial principal of the fund is maximized and, to the greatest extent feasible, not diminished; or (2) If the $15,000,000 goal established in subparagraph (1) is not achieved by January 7, 2003, the fund ceases to operate as a fund and the commissioner shall manage the assets of the former fund, including the use of the principal, in a manner that implements the learning technology plan through at least June 30, 2006. [PL 2001, c. 358, Pt. II, §5 (NEW); PL 2003, c. 20, Pt. TT, §1 (AMD).] In the annual learning technology plan submitted in the Second Regular Session of the 120th Legislature pursuant to section 19102, subsection 2 , the commissioner shall provide to the Governor and the Legislature the status of efforts to raise necessary contributions and recommendations concerning the management of the fund. For purposes of this subsection, the term "contributions" means, without limitation, cash, stocks, cash equivalents or the equivalent value of goods and services but does not include funds from the General Fund, the Telecommunications Education Access Fund, the Maine Schools and Libraries Network account or the standard federal E-rate program. In the event that the $15,000,000 contribution goal is not achieved by January 7, 2003, the balance of any and all contributions to the fund must be dedicated to the learning technology plan unless a contributor expressly provides otherwise in a written instrument at the time of a contribution. [PL 2001, c. 358, Pt. II, §5 (NEW); PL 2003, c. 20, Pt. TT, §1 (AMD).]
20-A M.R.S. § 3668 — ME Code / Title 20-A / Part 2 / Chapter 121 / Section 3668
20-A §3668. Administrative agreement between commissioners of education
Status: in_force

The commissioners of education of New Hampshire and Maine may enter into one or more administrative agreements prescribing the relationship between the interstate districts, member districts, and each of the 2 state departments of education, in which any conflicts between the 2 states in procedure, regulations, and administrative practices may be resolved. [PL 1981, c. 693, §§ 5, 8 (NEW).]
20-A M.R.S. § 2413 — ME Code / Title 20-A / Part 2 / Chapter 112 / Section 2413
20-A §2413. Funding
Status: in_force

1. Enrollment count. Students enrolled in and attending public charter schools must be reported to the department, for attendance and funding purposes, as provided in department rules. [PL 2011, c. 414, §5 (NEW).]

2. Revenue provisions. State and local operating funds follow each student to the public charter school attended by the student, except that the school administrative unit of the student's residence may retain up to 1% of the per-pupil allocation described in this subsection to cover associated administrative costs. A. For each public charter school student, the school administrative unit in which the student resides must forward the per-pupil allocation to the public charter school attended by the student as follows. (1) The per-pupil allocation amount is the EPS per-pupil rate for the school administrative unit in which the student resides, as calculated pursuant to section 15676 , based on the student’s grade level and adjusted as appropriate for economically disadvantaged students and English learners pursuant to section 15675, subsections 1 and 2 . Debt service and capital outlays may not be included in the calculation of these per-pupil allocations. The department shall adopt rules governing how to calculate these per-pupil allocations, including those for targeted funds for assessment technology and kindergarten to grade 2 programs. (2) For students attending public charter schools, the school administrative unit of residence shall forward the per-pupil allocations described in subparagraph (1) directly to the public charter school attended. These per-pupil allocations must be forwarded to each public charter school on a quarterly basis, as follows. For each fiscal year, allocations must be made in quarterly payments on September 1st, December 1st, March 1st and June 1st. The September and December payments must be based on the identity and number of students enrolled or anticipated to be enrolled in the public charter school at the opening of school for that school year. The number of students may not exceed the maximum enrollment approved in the charter contract for that year unless a waiver is obtained from the authorizer. The March and June payments must be based on the identity and number of students enrolled in the public charter school on February 1st. (3) For transportation expenses, the average per-pupil expense in each school administrative unit of residence must be calculated and an amount equal to a proportion, up to but not more than 100%, of that per-pupil allocation amount must be forwarded to the public charter school attended on the same basis as the per-pupil allocations for operating funds. The percentage of that per-pupil expense must be determined by the authorizer of the public charter school and must be based on the cost of transportation services provided by the public charter school to the student. (4) The department shall pay to the public charter school any additional allocation assigned to the public charter school for gifted and talented students pursuant to section 15681‑A, subsection 5 in the year in which the allocation is assigned. A school administrative unit is not required to send funds to a public charter school for a student enrolled in the public charter school's preschool or prekindergarten program if the school administrative unit of the student's residence does not offer that program to its own residents. [PL 2019, c. 398, §13 (AMD).] B. The following provisions govern special education funding. (1) For each enrolled special education pupil, a public charter school must receive the average additional allocation calculated by the department under section 15681‑A, subsection 2 for each school administrative unit for its special education students. These allocations must be paid on the same basis as the per-pupil allocations for operating funds. (2) The school administrative unit of residence shall pay directly to the public charter school any federal or state aid attributable to a student with a disability attending the public charter school in proportion to the level of services for the student with a disability that the public charter school provides directly or indirectly. (3) The department shall pay to the public charter school any additional allocation assigned to the public charter school because of a high-cost in-district placement in accordance with section 15681‑A, subsection 2, paragraph B in the year in which the allocation is assigned. (4) The school administrative unit of residence shall pay to the public charter school any additional allocation assigned to the unit because of a high-cost out-of-district placement in accordance with section 15681‑A, subsection 2, paragraph C in the year in which the allocation is assigned to the school administrative unit. (5) If the public charter school in which the student is enrolled was authorized by a local school board or a collaborative of local school boards, the funds under this paragraph must be paid to the local school board that authorized the public charter school or to the designated school board of the collaborative, rather than directly to the public charter school. The local school board or boards that authorized the charter school are responsible for ensuring that special education services are provided to students in that school, pursuant to section 2412, subsection 2, paragraph A . [PL 2011, c. 570, §19 (AMD).] C. Except as otherwise provided in this chapter, the State shall send applicable federal funds directly to public charter schools attended by eligible students. Public charter schools with students eligible for funds under Title I of the federal Elementary and Secondary Education Act of 1965, 20 United States Code, Section 6301 et seq. must receive and use these funds in accordance with federal and state law. During the first year of operation, a public charter school must receive Title I funds on the basis of an estimated enrollment of eligible students, as agreed with its authorizer. [PL 2011, c. 414, §5 (NEW).] D. A public charter school may receive gifts and grants from private sources in any manner that is available to a school administrative unit. [PL 2011, c. 414, §5 (NEW).] E. A public charter school may not levy taxes or issue bonds secured by tax revenues. [PL 2011, c. 414, §5 (NEW).] F. In the event of the failure of the school administrative unit to make payments required by this section, the Treasurer of State shall deduct from any state funds that become due to the school administrative unit an amount equal to the unpaid obligation. The Treasurer of State shall pay over the amount to the public charter school upon certification by the department. The department shall adopt rules to implement the provisions of this paragraph. [PL 2011, c. 414, §5 (NEW).] G. Any money received by a public charter school from any source and remaining in the school's accounts at the end of any budget year remains in the school's accounts for use by the school during subsequent budget years and may not revert to the authorizer or to the State. [PL 2011, c. 414, §5 (NEW).] H. Nothing in this chapter may be construed to prohibit any person or organization from providing funding or other assistance for the establishment or operation of a public charter school. The governing board of a public charter school may accept gifts, donations or grants of any kind made to the school and expend or use such gifts, donations or grants in accordance with the conditions prescribed by the donor except that a gift, donation or grant may not be accepted if subject to a condition that is contrary to any provision of law or term of the charter contract. [PL 2011, c. 414, §5 (NEW).] I. [PL 2011, c. 570, §19 (RP).] J. The department may establish a method of transferring funds to public charter schools that is an alternative to the method provided in this subsection. [PL 2011, c. 414, §5 (NEW).] [PL 2019, c. 398, §13 (AMD).]

3. Funding for public charter schools authorized by the commission. Beginning with fiscal year 2015-16, this section no longer applies to public charter schools authorized by the commission. [PL 2015, c. 54, §4 (NEW).]
20-A M.R.S. § 6555 — ME Code / Title 20-A / Part 3 / Chapter 223 / Section 6555
20-A §6555. Dangerous behavior prevention and intervention
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Administrator" has the same meaning as in section 13001‑A, subsection 1 . [PL 2019, c. 458, §1 (NEW).] B. "Assigned public school employee" means a public school employee chosen by the local president of the applicable bargaining unit to review a reported incident of dangerous behavior. [PL 2019, c. 458, §1 (NEW).] C. "Dangerous behavior" means behavior of a student that presents a risk of injury or harm to a student or others. [PL 2019, c. 458, §1 (NEW).] [PL 2019, c. 458, §1 (NEW).]

2. Report of incident of dangerous behavior. Upon receipt of a report made by a teacher or school staff person of an incident of dangerous behavior, a school administrative unit shall review the reported incident and develop an individualized response plan in accordance with this subsection. The review of the reported incident must be conducted by an administrator and an assigned public school employee. If the report of the incident of dangerous behavior is substantiated, the school administrative unit shall, in consultation with the public school employee who was subjected to the dangerous behavior, if any, develop an individualized response plan to avoid future dangerous behavior, which may include but is not limited to: A. Minimizing suspension and expulsion of the student; [PL 2019, c. 458, §1 (NEW).] B. Prioritizing counseling and guidance services for the student and educators; [PL 2019, c. 458, §1 (NEW).] C. Providing positive behavioral interventions and supports and supports designed to address the consequences of trauma in the individual and training for the student and educators; [PL 2019, c. 458, §1 (NEW).] D. Restorative practices and restorative interventions as defined in section 1001, subsection 15‑A, paragraph B ; [PL 2021, c. 320, §4 (AMD).] E. Training for public school employees who interact with the student; and [PL 2019, c. 458, §1 (NEW).] F. Provision of adequate staffing and professional development necessary to implement the plan. [PL 2019, c. 458, §1 (NEW).] Nothing in this subsection may be construed as limiting any federally protected right of a student, including, but not limited to, federally protected rights of students with disabilities. Notwithstanding any provision of this subsection to the contrary, in the case of a student eligible for services under the federal Individuals with Disabilities Education Act or protected from discrimination under Section 504 of the federal Rehabilitation Act of 1973, any discussions or actions related to the identification, evaluation or educational placement of the student or provision of a free, appropriate public education to the student must take place through the processes established under federal law. [PL 2023, c. 493, §1 (AMD).]

3. Collective bargaining dispute. If a public school employee was subjected to the dangerous behavior and that employee is covered by a collective bargaining agreement, a dispute arising out of the incident of dangerous behavior is subject to the dispute resolution process of the collective bargaining agreement. [PL 2023, c. 493, §1 (NEW).]
20 M.R.S. § 1224-A — ME Code / Title 20 / Part 2 / Chapter 111 / Section 1224-A
20 §1224-A. Release time for religious observance
Status: in_force

Public school students who participate in a course of moral instruction or a religious observance at their place of worship or other suitable place may be granted release time for the period actually spent on that instruction or observance, up to a maximum of one hour per week. The granting of release time shall be at the option of the local school unit and shall not result in any additional cost to the local school unit. Release time shall be granted in accordance with policies established by the local school unit. [PL 1983, c. 767, §3 (NEW).]
20-A M.R.S. § 19101 — ME Code / Title 20-A / Part 9 / Chapter 801 / Section 19101
20-A §19101. Establishment of the Maine Learning Technology Fund; source of funds
Status: in_force

The Maine Learning Technology Fund, referred to in this chapter as the "fund," is established. The fund consists of certain funds dedicated by the Legislature and by other private and public sources for the advancement of learning technology for kindergarten to grade 12 in Maine. [PL 2001, c. 358, Pt. II, §2 (AMD); PL 2003, c. 20, Pt. TT, §1 (AMD).]
20-A M.R.S. § 1702 — ME Code / Title 20-A / Part 2 / Chapter 105 / Section 1702
20-A §1702. Borrowing
Status: in_force

1. Purposes of borrowing. The district board of trustees may borrow funds to pay for: A. Current operational expenditures of the community school district in an amount not to exceed the gross budget approved by the voters at the annual meeting. These borrowed funds must be repaid within a month of the end of the fiscal year; and [PL 1991, c. 121, Pt. A, §3 (AMD).] B. Major and minor capital costs, not to exceed in the aggregate, at any one time outstanding, 10% of the total of the last preceding state valuation of all of the participating municipalities. Contracts, leases or agreements with the Maine School Building Authority shall not be debts or liabilities within this section. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 1991, c. 121, Pt. A, §3 (AMD).]

2. Form of bond or note. Each bond or note shall have the following form. A. It shall have inscribed on its face the name of the community school district, the date it was issued, the amount of the bond or note and the annual interest rate, payable semiannually. It shall be in the form and be sold in the manner, at public or private sale, as the district school committee determines in accordance with state law. [PL 1983, c. 485, §18 (AMD).] B. It shall be signed by the treasurer and countersigned by the chairman of the district board of trustees. If coupon bonds are issued, each coupon shall be attested by a facsimile signature of the treasurer. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 1983, c. 485, §18 (AMD).]

3. Maturity and time limits. The following provisions apply to bonds or notes. A. Each issue of bonds shall mature in substantially equal annual installments so that the first installment shall be payable not later than 2 years after the date of issue and the last installment not later than 25 years from the date of issue. [PL 1981, c. 693, §§5, 8 (NEW).] B. If the proceeds of an issue of bonds are used in whole or in part to fund temporary notes of the community school district or renewals thereof, the period during which that issue of bonds shall be outstanding, plus the period of the loan represented by the temporary notes or renewals, shall not exceed 25 years. [PL 1981, c. 693, §§5, 8 (NEW).] C. Notes shall mature not later than one year from their date of issue but may be renewed. The period of the original note plus that of renewals shall not exceed 2 years. [PL 1981, c. 693, §§5, 8 (NEW).] [PL 1981, c. 693, §§5, 8 (NEW).]

4. District obligations. All notes, bonds, contracts and leases and all agreements with the Maine School Building Authority entered into by a community school district shall be the legal obligations of the district. [PL 1981, c. 693, §§5, 8 (NEW).]

5. Status. A community school district shall be a quasi-municipal corporation within the meaning of Title 30-A, section 5701 . The provisions of Title 30-A, section 5701 , shall be applicable to it. [PL 1987, c. 737, Pt. C, §§49, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8,10 (AMD).]
20-A M.R.S. § 5205 — ME Code / Title 20-A / Part 3 / Chapter 213 / Section 5205
20-A §5205. Other exceptions to the general residency rules
Status: in_force

The following exceptions apply in determining a student's right to attend a school in a school administrative unit other than the one in which the student has permanent residence. [PL 1981, c. 693, §§5, 8 (NEW).]

1. State wards. A state ward shall be considered a resident of the unit where placed. [PL 1981, c. 693, §§5, 8 (NEW).]

2. Other students not living at home. A student other than a state ward, a state agency client or a homeless child, residing with another person who is not the student's parent, is considered a resident of the school administrative unit where the student resides if the superintendent of the unit determines that it is in the best interest of the student because that person is residing in the school administrative unit for other than just education purposes and: A. It is undesirable and impractical for that student to reside with the student's parent; [PL 2011, c. 502, §1 (AMD).] B. [PL 2011, c. 502, §1 (RP).] C. There is a safety reason for the student not to reside with the student's parent; or [PL 2011, c. 502, §1 (NEW).] D. Other extenuating circumstances exist that justify residence in the unit. [PL 2011, c. 502, §1 (NEW).] If a person who is not the student's parent or legal guardian requests that a student be considered a resident under this subsection, the school administrative unit shall take reasonable steps to attempt to notify a parent or legal guardian of the request. In determining whether it is in the best interest of the student to enroll in the school administrative unit, the superintendent shall consult with knowledgeable employees of relevant school administrative units that the superintendent considers appropriate. The superintendent shall send written notice of the enrollment determination to the person making a request within 10 calendar days of receiving the request to enroll a student pursuant to this subsection. If the determination is to deny enrollment because the superintendent determines that enrollment in the school administrative unit is not in the best interest of the student as provided in this subsection, the superintendent shall send to the person who made the request written notice of the denial of enrollment, the reason for the denial and the right to appeal to the commissioner. The commissioner shall review the superintendent's determination on appeal by the student's parent or legal guardian or the person with whom the student is residing and shall make a decision within 7 calendar days of receiving the appeal. The commissioner's decision is final and binding. Upon request of the superintendent of schools in the unit in which a student is placed in accordance with this subsection, the state share percentage for subsidized educational costs for that student is equivalent to the state share percentage of the unit in which the student's parent or legal guardian resides or the average state share percentage, whichever is greater. If the parent or legal guardian does not reside in the State or can not be located, the subsidy is the state average subsidy. [PL 2011, c. 502, §1 (AMD).]

3. Students placed by state agencies. A student who is placed by a state agency in a residential placement other than a residential treatment center, as defined in section 1, subsection 24‑A, paragraph D , subparagraph 3, is considered a resident of the school administrative unit where the residential placement is located. A. [PL 1997, c. 326, §2 (RP).] B. [PL 1997, c. 326, §2 (RP).] [PL 1997, c. 326, §2 (AMD).]

3-A. Students placed by the Department of Health and Human Services. Notwithstanding subsection 3 , a student who is placed by the Department of Health and Human Services with an adult who is not the child's parent or legal guardian in accordance with the educational stability provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351, 122 Stat. 3949 is considered a resident of either the school administrative unit where the student resides during the placement or the school administrative unit where the student resided prior to the placement based on the best interest of the student. The Department of Health and Human Services, in consultation with the department and the school administrative units, shall determine which of the 2 units is appropriate and notify that unit in writing of its determination. The school administrative unit that provides public education for the student shall count the student as a resident student for subsidy purposes. [PL 2009, c. 508, §1 (NEW).]

4. Students living at light, fog warning or life stations. A student living at any light, fog warning or lifesaving station shall be considered a resident of the school administrative unit where the student chooses to enroll. [PL 1981, c. 693, §§5, 8 (NEW).]

5. Temporary residents. A student who temporarily resides in a school administrative unit shall be considered a resident of that school unit if the student is living with a parent who, because of employment, moves from place to place. This subsection may not be construed to abridge that student's rights in the school administrative unit where the student permanently resides. [PL 1981, c. 693, §§5, 8 (NEW).]

6. Transfer students. The following provisions apply to transfers of students from one school administrative unit to another. A. Two superintendents may approve the transfer of a student from one school administrative unit to another if: (1) They find that a transfer is in the student's best interest; and (2) The student's parent approves. The superintendents shall notify the commissioner of any transfer approved under this paragraph. If either of the superintendents decides not to approve the transfer, that superintendent shall provide to the parent of the student requesting transfer under this paragraph a written description of the basis of that superintendent's determination. [PL 2013, c. 456, §1 (AMD).] B. On the request of the parent of a student requesting transfer under paragraph A , the commissioner shall review the transfer. The commissioner shall review the superintendents' determinations and communicate with the superintendents and with the parent of the student prior to making a decision. The commissioner may approve or disapprove the transfer and shall provide to the parent of the student and to the superintendents a written decision describing the basis of the commissioner's determination. [PL 2013, c. 456, §2 (AMD).] C. The superintendents shall annually review any transfer under this subsection. [PL 1981, c. 693, §§5, 8 (NEW).] D. For purposes of the state school subsidy, a student transferred under this subsection is considered a resident of the school administrative unit to which transferred. Upon request of the superintendent of schools in the unit in which a student is placed in accordance with this subsection, the state share percentage for subsidized educational costs for that student is equivalent to the state share percentage of the unit in which the student's parent or legal guardian resides or the average state share percentage, whichever is greater. If the parent or legal guardian does not reside in the State or can not be located, the subsidy is the state average subsidy. [PL 1991, c. 365, §2 (AMD).] E. A school administrative unit may not charge tuition for a transfer approved under this subsection. [PL 1981, c. 693, §§5, 8 (NEW).] F. If dissatisfied with the commissioner's decision, a parent of a student requesting transfer or either superintendent may, within 10 calendar days of the commissioner's decision, request that the state board review the transfer. The state board shall review the superintendents' determinations and communicate with the commissioner, the superintendents and the parent of the student. The state board may approve or disapprove the transfer. The state board shall make a decision within 45 calendar days of receiving the request and shall provide to the parent of the student, the superintendents and the commissioner a written decision describing the basis of the state board's determination. The state board's decision is final and binding. [PL 2013, c. 456, §3 (AMD).] G. Notwithstanding paragraph D , if the commissioner or state board approves a transfer under this subsection and the student subject to the transfer is receiving special education services, the state subsidy of special education costs for the transferred student may not be reduced as a result of the transfer. [PL 2015, c. 448, §10 (NEW).] A transfer under this subsection may not be made to a receiving school administrative unit that does not operate a public school that includes the grade level of the student whose parent requests the transfer, unless the superintendents of both the sending and receiving school administrative units approve the transfer. [PL 2015, c. 448, §10 (AMD).]

6-A. Interdistrict enrollment policies. The school boards of 2 or more school administrative units may adopt mutual policies allowing the transfer of students, with parental approval, among the participating units. The policies must set forth procedures and standards governing the transfers, including but not limited to the school year or years in which the policy applies, application procedures and standards of responsibility for transportation and special education. Each school board adopting a policy under this subsection shall file a copy of the policy with the department prior to the effective date of that policy and shall provide timely notice of the policy to residents of the school administrative unit governed by that school board. For the purposes of chapter 606‑B , a student transferred under this subsection is considered a resident of the school administrative unit to which the student transferred. [PL 2011, c. 651, §1 (NEW).]

6-B. Education service center enrollment policies. Members in an education service center, as defined in section 3801, subsection 1, paragraph B , may adopt a mutual policy allowing the transfer of students, with parental approval, among the member school administrative units. The mutual policy must set forth procedures and standards governing the transfers, including but not limited to the school year or years in which the policy applies, application procedures and standards of responsibility for transportation and special education. Each member school board that adopts the mutual policy under this subsection shall post a copy of the mutual policy on the school administrative unit's publicly accessible website and shall provide timely notice of the policy to residents of the school administrative unit governed by that school board. For the purposes of chapter 606‑B , a student transferred under this subsection is considered a resident of the school administrative unit to which the student transferred. [PL 2019, c. 219, §5 (AMD).]

7. Homeless students. Pursuant to section 261 , the commissioner may adopt rules to ensure that each homeless student has unrestricted access to the free public education afforded by section 2, subsection 1 . The rules must implement the requirements and policies of the McKinney-Vento Homeless Education Assistance Improvement Act of 2001, 42 United States Code, Section 11431 et seq., and may be adopted as part of or in conjunction with the required state plan. The rules must include, but are not limited to, provisions for the resolution of disputes regarding the educational placement of homeless students according to the best interest of homeless students, provisions that homeless students receive services comparable to services offered to other students in the schools they attend, provisions to address transportation and health records as a barrier to school admission and other provisions required by United States Code, Title 42, Section 11431. [PL 2003, c. 477, §4 (AMD).]

8. Students attending Maine School of Science and Mathematics. For purposes of subsidy calculation only, students attending the Maine School of Science and Mathematics are not considered residents of the sending school administrative unit. [PL 1993, c. 706, Pt. A, §3 (NEW).]

9. Foreign exchange student. A student who is not a resident of the State is considered a resident of the school administrative unit where the student resides if the superintendent has approved the acceptance of the student as a foreign exchange student and the student is attending the school at public expense. For the purposes of this subsection, "foreign exchange student" means a student who has been approved for a J-1 visa to participate in the Exchange Visitor Program for secondary school students pursuant to the provisions of the federal Mutual Educational and Cultural Exchange Program under 22 United States Code, Chapter 33 and 22 Code of Federal Regulations, Section 62.25. [PL 2011, c. 678, Pt. E, §1 (NEW).]

10. Student who is not a resident. Except for a student accepted as a foreign exchange student pursuant to subsection 9 , a student who is not a resident of the State and who while not attending school resides and whose parents reside outside the State is not counted for purposes of essential programs and services under chapter 606‑B . [PL 2011, c. 678, Pt. E, §1 (NEW).]

11. Students attending the Maine School for Marine Science, Technology, Transportation and Engineering. [PL 2023, c. 607, §9 (RP).]

12. Military-connected student. Notwithstanding any provision to the contrary in chapter 901 , a military-connected student whose parent is transferred or is pending transfer to the State while on active military duty pursuant to an official military order is considered a resident of the school administrative unit in which the address identified by the parent pursuant to paragraph C is located. For the purposes of this subsection, "military-connected student" has the same meaning as in section 6991 . A. A school administrative unit shall accept applications by electronic means for enrollment under this subsection, including enrollment in a specific school or program within the school administrative unit, and course registration. [PL 2021, c. 248, §2 (NEW).] A-1. If the parent of a military-connected student is transferred or pending transfer within the State, a school administrative unit shall: (1) Allow the student to continue attending the student's current school; (2) Allow the student to enroll in the student's prospective school prior to establishing residence; or (3) Allow the student to enroll at a school located where the student will reside with a noncustodial guardian. Student transfers under this paragraph that take place during a student's final year of high school must conform with section 20107 . [PL 2025, c. 78, §1 (NEW).] B. The parent of a military-connected student shall provide proof of residence in the school administrative unit within 10 days after the arrival date provided on the parent's official military order. [PL 2021, c. 248, §2 (NEW).] C. A parent may identify any of the following as an address in the State for the purposes of this subsection: (1) A temporary lodging facility on a military installation as defined in section 20102 ; (2) A purchased or leased house or apartment; or (3) Federal Government or public-private venture military housing. [PL 2021, c. 248, §2 (NEW).] [PL 2025, c. 78, §1 (AMD).]
20-A M.R.S. § 2412 — ME Code / Title 20-A / Part 2 / Chapter 112 / Section 2412
20-A §2412. Operations
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Legal status. Notwithstanding any provision of law to the contrary, to the extent that any provision of this chapter is inconsistent with any other state or local law, rule or regulation, the provisions of this chapter govern and are controlling. A. A public charter school is subject to all federal laws and authorities, to local law not inconsistent with this chapter and to the charter contract. [PL 2011, c. 414, §5 (NEW).] B. A charter contract may include one or more schools, to the extent approved by the authorizer and consistent with applicable law. Each public charter school that is part of a charter contract must be separate and distinct from any others. [PL 2011, c. 414, §5 (NEW).] C. A single governing board may be issued one or more charter contracts. Each public charter school operating under its own contract is a discrete legal entity, separate and distinct from any others. [PL 2011, c. 414, §5 (NEW).] [PL 2011, c. 414, §5 (NEW).]

2. Local educational agency status. The following provisions govern the status of public charter schools as local educational agencies. A. In the case of a public charter school authorized by a local school board: (1) The school administrative unit in which the public charter school is located remains the local educational agency and the public charter school is a school within that local educational agency; (2) The public charter school receives services, resources and support in the same manner as other school administrative unit noncharter public schools, except that the public charter school is treated as a local educational agency for purposes of applying for competitive federal grants; and (3) The school administrative unit retains responsibility for special education and serves students in public charter schools in a manner consistent with local educational agency obligations under applicable federal, state and local law and the charter contract. [PL 2011, c. 414, §5 (NEW).] B. In the case of a public charter school authorized by the commission: (1) The public charter school functions for all purposes as a local educational agency and is a school administrative unit independent of the school administrative unit in which the school is located. School administrative unit status does not preclude a public charter school from developing links to local school districts for services, resources and programs, by mutual agreement or by formal contract; (2) To the extent permitted by federal, state or local laws, the public charter school is responsible for meeting the requirements of local educational agencies under applicable federal, state and local laws, including those relating to special education, receipt of funds and compliance with funding requirements; and (3) To the extent permitted by federal, state or local laws, the public charter school has primary responsibility for special education at the school, including identification and provision of service, and is responsible for meeting the needs of enrolled students with disabilities. [PL 2011, c. 414, §5 (NEW).] [PL 2011, c. 414, §5 (NEW).]

3. Powers of public charter schools. A public charter school has all the powers necessary for carrying out the terms of its charter contract, including the powers to: A. Receive and disburse funds for school purposes; [PL 2011, c. 414, §5 (NEW).] B. Contract or cooperate with noncharter public schools for service for students with special needs, English language learner students and other specialized populations, as well as for mutually agreed administrative services; [PL 2011, c. 414, §5 (NEW).] C. Secure appropriate insurance and enter into contracts and leases, free from prevailing wage laws; [PL 2011, c. 414, §5 (NEW).] D. Contract with an education service provider for a limited scope of education services and resources related to the management and operation of the public charter school, as long as the public charter school's governing board retains authority over the oversight and management of the public charter school; [PL 2011, c. 414, §5 (NEW).] E. Incur debt in reasonable anticipation of the receipt of public or private funds, except that an authorizer is not responsible for any debt incurred by the public charter school; [PL 2011, c. 414, §5 (NEW).] F. Pledge, assign or encumber its assets to be used as collateral for loans or extensions of credit; [PL 2011, c. 414, §5 (NEW).] G. Solicit and accept any gifts or grants for public charter school purposes subject to applicable laws and the terms of its charter contract; [PL 2011, c. 414, §5 (NEW).] H. Acquire real property for use as its facility or facilities from public or private sources; and [PL 2011, c. 414, §5 (NEW).] I. Sue and be sued in its own name. [PL 2011, c. 414, §5 (NEW).] [PL 2011, c. 414, §5 (NEW).]

4. General requirements. A public charter school is subject to the general requirements set out in this subsection. A. A public charter school may not discriminate against any person on the basis of race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, age, ancestry or national origin or on any other basis that would be unlawful if done by a noncharter public school. [PL 2021, c. 366, §28 (AMD).] B. A public charter school may not engage in any religious practices in its educational program, admissions or employment policies or operations. [PL 2011, c. 414, §5 (NEW).] C. A public charter school may not charge tuition and may only charge such fees as may be imposed by other noncharter public schools in the State. A public charter school may charge tuition to an out-of-state student admitted to the school on a space-available basis. [PL 2011, c. 414, §5 (NEW).] D. A public charter school must have a plan that describes how the school will provide transportation for its students who reside in the school's catchment area and what assistance, if any, it will provide to meet the transportation needs of its students who reside outside the catchment area of the school. [PL 2011, c. 570, §13 (AMD).] E. The powers, obligations and responsibilities set forth in a charter contract may not be delegated or assigned by either party, except as provided in section 2411, subsection 9 . [PL 2011, c. 414, §5 (NEW).] [PL 2021, c. 366, §28 (AMD).]

5. Applicability of other laws, rules and regulations. The applicability of other laws, rules and regulations to public charter schools is as set out in this subsection. A. Public charter schools are subject to the same civil rights and health and safety requirements applicable to other noncharter public schools in the State, except as otherwise specifically provided in this chapter. [PL 2011, c. 414, §5 (NEW).] B. Public charter schools are subject to the same student assessment and accountability requirements applicable to other noncharter public schools in the State, but nothing in this chapter precludes a public charter school from establishing additional student assessment measures that go beyond state requirements if the school's authorizer approves such measures. [PL 2011, c. 414, §5 (NEW).] C. Governing boards are subject to and must comply with sections 1002 and 1004 in the same manner as school boards and Title 1, chapter 13 . [PL 2011, c. 570, §14 (AMD).] D. Except as provided in this chapter and its charter contract, a public charter school is exempt from all statutes and rules applicable to a noncharter public school, a local school board or a school administrative unit. School administrative units may not interpret this paragraph as reducing their obligation to provide education for their residents. [PL 2011, c. 414, §5 (NEW).] E. A public charter school is exempt from the restrictions normally associated with any state-funded categorical education funding program. [PL 2011, c. 414, §5 (NEW).] F. Employees and other public charter school personnel are subject to criminal history record checks and fingerprinting requirements applicable to other noncharter public schools. [PL 2011, c. 414, §5 (NEW).] G. Public charter schools are subject to the same federal and state laws, regulations and rules regarding special education as noncharter public schools. Notwithstanding any law or rule to the contrary, a public charter school takes over responsibility for special education for a student transferring to the public charter school on the first day of school at the public charter school unless the public charter school and the transferring school agree to an earlier date. [PL 2011, c. 570, §15 (NEW).] H. A public charter school student's eligibility for and the funding of the student's career and technical education programming are the same as if the student were attending school within that student's resident school administrative unit. If the public charter school is located outside the student's resident school administrative unit, the public charter school is responsible for ensuring that the student is transported to the career and technical education center or to a location from which the student will be transported to the career and technical education center by the resident school administrative unit, the career and technical education region or the career and technical education center. [PL 2011, c. 570, §15 (NEW).] I. Except as provided in subparagraph (2), the commissioner may grant a public charter school a waiver of one or more requirements applicable to the public charter school upon receipt of an application from the public charter school that includes the basis for the waiver request and a plan to reduce reliance on waivers in subsequent years. A public charter school may submit an application for a waiver to the commissioner only upon receiving prior approval from the public charter school's authorizer of the same waiver request. (1) Financial hardship is one criterion the commissioner must consider in determining whether to grant a waiver to the public charter school. (2) A public charter school may not apply to the commissioner for a waiver of any of the following requirements: (a) Civil rights and health and safety requirements as described in paragraph A ; (b) Student assessment and accountability requirements as described in paragraph B ; (c) Conflict of interest and public records and proceedings requirements as described in paragraph C ; (d) Criminal history record checks and fingerprinting requirements as described in paragraph F ; and (e) Special education requirements as described in paragraph G . (3) By February 1st of each year, the commissioner shall report the number of waivers requested and the number granted and the reason for each waiver request for the prior year to the joint standing committee of the Legislature having jurisdiction over education matters and post the report on the department's publicly accessible website. [PL 2013, c. 216, §1 (NEW).] J. Public charter schools are subject to the same diploma standards set forth in section 4722 . [PL 2017, c. 466, §2 (AMD).] K. A public charter school that operates a public preschool program must comply with department rules for basic school approval standards for public preschool programs in accordance with section 4271, subsection 4 and section 4502, subsection 9 . [PL 2015, c. 40, §1 (NEW).] L. Public charter schools are subject to the educator effectiveness requirements in chapter 508 applicable to noncharter public schools in the State. [PL 2015, c. 448, §8 (NEW).] [PL 2017, c. 466, §2 (AMD).]

6. Teachers. This subsection governs teacher employment in a public charter school. A. A public charter school must comply with applicable federal laws and regulations regarding the qualification of teachers and other instructional staff. [PL 2011, c. 414, §5 (NEW).] B. (TEXT EFFECTIVE UNTIL 8/01/26) (TEXT REPEALED 8/01/26) All full-time teachers in a public charter school must either hold an appropriate teaching certificate or become certified within 3 years of the date they are hired, except for those with an advanced degree, professional certification or unique expertise or experience in the curricular area in which they teach. This paragraph is repealed August 1, 2026. [PL 2025, c. 423, §1 (AMD).] B-1. Beginning August 1, 2026, all full-time teachers in a public charter school must hold an appropriate teaching certificate. [PL 2025, c. 423, §2 (NEW).] C. Teachers at a public charter school may choose to bargain collectively in accordance with this paragraph. (1) Teachers who are employees of the public charter school have the same rights as other teachers in public education to organize and bargain collectively. Bargaining units at the public charter school must be separate from other bargaining units, such as a district bargaining unit. Staff at noncharter public schools converting to public charter schools have a right to employment benefits as stated in applicable collective bargaining agreements or they may vote to be represented in alternative ways. (3) Teachers who are employees of the public charter school may not be required to be members of any existing collective bargaining agreement between a school administrative unit and its employees. A public charter school may not interfere with civil service laws or other applicable rules protecting the rights of employees to organize and be free from discrimination. [PL 2011, c. 570, §16 (AMD).] [PL 2025, c. 423, §§1, 2 (AMD).]

7. External audit. [PL 2011, c. 570, §17 (RP).]
20-A M.R.S. § 1461-B — ME Code / Title 20-A / Part 2 / Chapter 103-A / Section 1461-B
20-A §1461-B. Alternative organizational structure
Status: in_force

1. Notice of intent. A school administrative unit may 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 an alternative organizational structure in accordance with this section. [PL 2009, c. 580, §5 (NEW).]

2. Organization; procedures and parameters. An alternative organizational structure must be organized in accordance with the procedures and parameters applicable to regional school units as set forth in section 1461 . [PL 2009, c. 580, §5 (NEW).]

3. Submission, review and approval of plans for an alternative organizational structure. A school administrative unit may submit a reorganization plan to the commissioner to form an alternative organizational structure in order to comply with this chapter. A. The commissioner may designate a school administrative unit as part of an alternative organizational structure if the commissioner finds that the proposed alternative organizational structure will result in: (1) Consolidation of system administration; (2) Consolidation of special education administration, transportation administration and administration of business functions, including accounting, reporting, payroll, financial management, purchasing insurance and auditing; (3) Adoption of a core curriculum and procedures for standardized testing and assessment aligned with the system of learning results established in section 6209 ; (4) Adoption of a plan for both consistent school policies and school calendars; and (5) Adoption of a plan for consistent collective bargaining agreements. [PL 2009, c. 580, §5 (NEW).] B. A plan for an alternative organizational structure must include an interlocal agreement under Title 30‑A, chapter 115 . The plan must include procedures for conducting a kindergarten to grade 12 budget approval pursuant to paragraph C . [PL 2017, c. 284, Pt. VVVVV, §2 (AMD); PL 2017, c. 284, Pt. VVVVV, §14 (AFF).] C. The budget procedures of member entities of an alternative organizational structure must conform to the format and referendum procedures set forth in sections 1485 and 1486 for regional school units. The budget of the alternative organizational structure must be approved at a meeting of the voters of all of the member entities conducted in accordance with the procedures applicable to a regional school unit budget meeting except as provided in paragraph D . The budget of an alternative organizational structure is not subject to a separate budget validation referendum as described in section 1486 . [PL 2011, c. 485, §1 (AMD).] D. The governing body of an alternative organizational structure, by majority vote, may authorize a change in the alternative organizational structure budget approval procedures in paragraph C to require a budget approval by the governing body of the alternative organizational structure instead of a meeting of the voters of all of the member entities of the alternative organizational structure. The change in procedure must be authorized by a majority of the total number of voters of all of the member entities in the alternative organizational structure at the next regular election or at a special referendum election of the voters called for that purpose by a majority vote of the governing body of the alternative organizational structure. The article to be voted on at the next regular or special election must be in substantially the following form: "Article: Do you favor changing the (name of alternative organizational structure) budget approval procedure from a meeting of the voters to a vote by the governing body of the alternative organizational structure? Yes No" If approved by the voters, the budget approval procedure changes to a majority vote of the governing body of the alternative organizational structure at a budget meeting. This procedure must remain in effect for at least 3 budget years before the alternative organizational structure may return to the requirement that a budget be approved at a meeting of the voters of all of the member entities of the alternative organizational structure. An article to consider reinstatement of the budget approval procedure in which the budget is approved at a meeting of the voters of all of the member entities may be placed on a warrant for referendum vote by either a majority vote of the governing body of the alternative organizational structure or by a written petition to the governing body of the alternative organizational structure signed by a number of voters of member entities of the alternative organizational structure equal to at least 10% of the voters who voted in the last gubernatorial election in the member entities of the alternative organizational structure. The governing body of the alternative organizational structure shall place the article on the next scheduled warrant or an earlier one if determined appropriate by the governing body of the alternative organizational structure. The article to be voted upon must be in substantially the following form: "Article: Do you favor changing the (name of alternative organizational structure) budget approval procedure from a vote by the governing body of the alternative organizational structure to a meeting of the voters? Yes No" If approved by a majority of the total number of voters of all of the member entities in the alternative organizational structure, the budget approval procedure changes to a meeting of the voters of all of the member entities of the alternative organizational structure beginning in the next budget year or the following budget year if the approval occurs less than 90 days before the start of the next budget year. Once approved by the voters, this procedure may not be changed for at least 3 budget years. A referendum authorized by this section must be called and conducted in accordance with the procedures for calling and conducting a referendum in a regional school unit under section 1502 , but not including subsection 2 , and section 1503 , except that the duties of the board of directors of the regional school unit must be performed by the governing body of the alternative organizational structure. Upon the review and approval of the commissioner and the approval of the voters at a referendum, the commissioner may approve a plan to form an alternative organizational structure that meets the requirements set forth in this chapter. [PL 2017, c. 284, Pt. VVVVV, §2 (AMD); PL 2017, c. 284, Pt. VVVVV, §14 (AFF); PL 2015, c. 286, §1 (AMD).]

4. Recognition as discrete school administrative units for subsidy purposes. In fiscal year 2011-12 and subsequent fiscal years, the member entities of an alternative organizational structure are recognized as discrete school administrative units for purposes of chapter 606‑B , unless the member entities of the alternative organizational structure include in the reorganization plan under subsection 3 their decision to be recognized by the department as a single school administrative unit for purposes of chapter 606‑B . [PL 2009, c. 580, §5 (NEW).]

5. Recognition as school administrative unit for subsidy purposes; change. This subsection governs the procedure to alter the recognition of a school administrative unit that is an alternative organizational structure for subsidy purposes. A. Notwithstanding the provisions of a reorganization plan under subsection 3 or interlocal agreement under Title 30‑A, chapter 115 , the governing body of an alternative organizational structure that began operation on or before June 30, 2010 may vote to have its member entities recognized as discrete school administrative units for purposes of chapter 606‑B . Such a vote must be approved by the governing body of the alternative organizational structure and the commissioner prior to June 1st of the year prior to the allocation year. [PL 2009, c. 580, §5 (NEW).] B. If the member entities of an alternative organizational structure that requested in their reorganization plan to be recognized as a single school administrative unit pursuant to subsection 4 vote to be recognized as discrete school administrative units for purposes of chapter 606‑B , such a change must be approved by the governing body of the alternative organizational structure and the commissioner prior to June 1st of the year prior to the allocation year. [PL 2009, c. 580, §5 (NEW).] [PL 2009, c. 580, §5 (NEW).]

6. Withdrawal of a member entity. Notwithstanding chapter 103‑A, subchapter 2 , for an alternative organizational structure approved by the commissioner and approved by the voters, the withdrawal provisions for member entities that were adopted as part of the reorganization plan under subsection 3 and interlocal agreement under Title 30‑A, chapter 115 govern the withdrawal of a member entity. A. [PL 2011, c. 251, §2 (RP); PL 2011, c. 251, §12 (AFF).] B. [PL 2011, c. 251, §3 (RP); PL 2011, c. 251, §12 (AFF).] C. [PL 2011, c. 251, §4 (RP); PL 2011, c. 251, §12 (AFF).] [PL 2011, c. 251, §§2-4 (AMD); PL 2011, c. 251, §12 (AFF).]
20-A M.R.S. § 15001 — ME Code / Title 20-A / Part 7 / Chapter 601 / Section 15001
20-A §15001. Definitions
Status: in_force

As used in this Title and Title 20 , unless the context indicates otherwise, the following terms have the following meanings. [PL 1981, c. 693, §§5, 8 (NEW).]

1. Aggregate attendance. "Aggregate attendance" means the total number of days of attendance for one school year in elementary and secondary schools of each regularly enrolled pupil resident of the municipality. [PL 1981, c. 693, §§5, 8 (NEW).]

2. Membership. "Membership" means active participation in the program of a school from the date of enrollment to the time the student withdraws or is absent from the school for 10 consecutive days for reasons other than illness. [PL 1981, c. 693, §§5, 8 (NEW).]

3. Teaching positions. [PL 2009, c. 274, §15 (RP).]

4. Pupil. "Pupil" means elementary or secondary school student. [PL 1981, c. 693, §§5, 8 (NEW).]
20-A M.R.S. § 13451 — ME Code / Title 20-A / Part 6 / Chapter 505-A / Section 13451
20-A §13451. Group accident and sickness or health insurance for retired teachers
Status: in_force

Group accident and sickness or health insurance must be available to retired and certain inactive teachers as defined in Title 5, section 17001, subsection 42 , subject to the following. [PL 1997, c. 652, §3 (AMD); PL 1997, c. 652, §4 (AFF).]

1. Access to a group plan. The group accident and sickness and health insurance plan that is in effect for active teachers in a public school system or school unit must be made available to all teachers eligible under subsection 2 who retired under the Maine Public Employees Retirement System when they left that system or school unit or who terminated employment without retiring as provided in subsection 2‑B . The rate for the insurance coverage must be the same as the rate provided for active teachers in that school system or school unit. [PL 1997, c. 652, §3 (AMD); PL 1997, c. 652, §4 (AFF); PL 2007, c. 58, §3 (REV).]

2. Eligible for membership prior to July 1, 2011; retired teacher members. A retired teacher who receives a retirement benefit from and who became eligible for membership in the State Employee and Teacher Retirement System before July 1, 2011 is eligible for group accident and sickness or health insurance, as long as the retired teacher has a minimum of 5 years creditable service and also meets the eligibility requirements for participation imposed by the group plan that governed the teacher last as an active teacher and participated in the plan for one year immediately prior to retirement or October 1, 1987, whichever comes last. Retired teachers may not be required to maintain a dues-paying membership in any organization as a requirement for participation in a group health insurance plan under this subsection. [PL 2011, c. 380, Pt. W, §1 (AMD); PL 2011, c. 380, Pt. W, §5 (AFF).]

2-A. Access to group plan; retired teachers who serve as Legislators or are employed by the Legislature. Any retired teacher eligible for group accident and sickness or health insurance under subsection 2 , or terminated teacher who does not retire but who elects group accident and sickness or health insurance under subsection 2‑B , who becomes a member of the Legislature or who becomes employed by the Legislature must be permitted to reenroll in the teachers' group plan within 90 days of the date the retired teacher ceases to be a Legislator or terminates employment with the Legislature. The retired or terminated teacher seeking to reenroll must show that continuous insurance coverage was maintained from at least one year immediately prior to retirement from the school district to within 90 days of the date of reenrollment. [PL 2001, c. 559, Pt. QQ, §1 (AMD).]

2-B. Eligibility; teachers who terminate employment but do not retire. Any teacher who terminates employment but does not retire at that time, who has 25 years of creditable service under Title 5, chapter 423, subchapter IV and remains a member of the Maine Public Employees Retirement System after termination, who makes a one-time election to continue coverage from the date of termination until retirement and who pays the cost of the coverage plus the cost incurred by the association or organization offering the plan in administering coverage under the plan is eligible to participate in the teacher group plan. If a terminated teacher who elects coverage under this subsection fails to pay the cost of coverage and any administrative costs in the amount and manner determined by the division, the coverage may be cancelled in accordance with the requirements of Title 24 and Title 24‑A . Regardless of election of coverage or cancellation of coverage under this paragraph, a teacher terminating employment as provided in this subsection may elect coverage upon retirement under subsection 2‑C . [PL 1997, c. 652, §3 (NEW); PL 1997, c. 652, §4 (AFF); PL 2007, c. 58, §3 (REV).]

2-C. Eligibility; teachers who retire following break in employment. A teacher who retires but who is not in service immediately prior to retirement and who has at least 25 years of creditable service under Title 5, chapter 423, subchapter 4 may make a one-time election at retirement to rejoin the teacher group plan. If previous service terminated due to the elimination of the teacher's position as a result of closure of a school in School Administrative District Number 10 where the teacher was employed, the teacher may make one additional election to rejoin the plan, which election may be exercised at any time after retirement. Coverage of preexisting conditions upon rejoining the plan under this subsection is governed by Title 24‑A, chapter 36 . The payment provisions of subsection 3 apply to retirees exercising an option under this subsection. [PL 2005, c. 666, §1 (AMD).]

2-D. Eligible for membership on or after July 1, 2011; retired teacher members. A retired teacher who receives a retirement benefit from and who became eligible for membership in the State Employee and Teacher Retirement System on or after July 1, 2011 is eligible for group accident and sickness or health insurance, as long as the retired teacher has a minimum of 10 years creditable service and also meets the eligibility requirement for participation imposed by the group plan that governed the teacher last as an active teacher and participated in the plan for one year immediately prior to retirement. Retired teachers may not be required to maintain a dues-paying membership in any organization as a requirement for participation in a group health insurance plan under this subsection. [PL 2011, c. 380, Pt. W, §2 (NEW); PL 2011, c. 380, Pt. W, §5 (AFF).]

3. Payment by State. The State shall pay a percentage of the retired teacher members' share of this insurance according to the following schedule: A. Thirty percent until July 1, 2002; [PL 2001, c. 559, Pt. N, §1 (NEW).] B. Thirty-five percent from July 1, 2002 to July 31, 2003; [PL 2005, c. 12, Pt. X, §1 (AMD).] C. Forty percent from August 1, 2003 to December 31, 2005; [PL 2021, c. 483, Pt. NN, §1 (AMD).] D. Forty-five percent from January 1, 2006 to June 30, 2021; [PL 2023, c. 412, Pt. OOOOO, §1 (AMD).] E. Fifty-five percent from July 1, 2021 to June 30, 2023; and [PL 2023, c. 412, Pt. OOOOO, §2 (AMD).] F. Sixty percent after July 1, 2023. [PL 2023, c. 412, Pt. OOOOO, §3 (NEW).] Except for individuals who are receiving or who have received retirement benefits under Title 5, section 17907 or 17929 , for a teacher who retires after July 1, 2012, the State shall begin paying the percentage of the retired teacher member's share pursuant to this subsection when the retiree reaches normal retirement age. A provider of a health insurance benefit plan for retired teachers must make available data related to the provider's premium costs and any related data as requested by the Executive Director of Employee Health, Wellness and Workers' Compensation within the Department of Administrative and Financial Services. [PL 2025, c. 48, Pt. B, §7 (AMD).]

3-A. School units that change plans. If a school unit changes its group health insurance plan or provider, the school unit at the time that it transfers active teachers to the new plan or provider shall also transfer all retired teachers, and terminated teachers who do not retire and who elect coverage under the teacher group plan under subsection 2‑B , from that school unit to the new plan or provider and shall inform each retired and terminated teacher in writing that, unless the school receives written notice from an individual retired or terminated teacher to the contrary, each retired or terminated teacher will be transferred automatically to the new plan or provider. The school unit shall also provide each retired or terminated teacher a description of the benefits and costs of the new plan or provider. A retired or terminated teacher may decline to participate with the new plan or provider upon written notice to the school unit. If any retired or terminated teacher so elects, there is no obligation or responsibility on the part of the replaced group plan or provider beyond conversion or continuity options provided for in Title 24, chapter 19 or Title 24‑A, chapters 35 and 36 . If any retired or terminated teacher declines to participate with the new plan or provider, there is no obligation or responsibility on the part of the replaced group plan or provider. [PL 1997, c. 652, §3 (AMD); PL 1997, c. 652, §4 (AFF).]

3-B. Plan experience. [PL 2005, c. 457, Pt. UU, §1 (RP).]

4. Master policy certificates. The insurance company or companies or nonprofit organizations, or both, shall furnish the usual master policy and certificates. The original master policy and certificate must be held by the organization offering the insurance plan and the Commissioner of Administrative and Financial Services shall hold a certified copy. Each insured retired or terminated teacher-member must receive a certificate setting forth the benefits to which entitled, to whom payable, to whom claims must be submitted and summarizing the provisions of the policy principally affecting the retired or terminated teacher-member. [PL 1997, c. 652, §3 (AMD); PL 1997, c. 652, §4 (AFF).]

5. Payment by State. [PL 1991, c. 447, §4 (RP).]
20-A M.R.S. § 2403 — ME Code / Title 20-A / Part 2 / Chapter 112 / Section 2403
20-A §2403. Role of the department; commissioner; rules
Status: in_force

1. Information and technical assistance. The department shall disseminate information on how to form and operate a public charter school and on how to enroll in a public charter school once the school is created. The department may provide assistance and guidance to authorizers in developing effective authorization and oversight procedures. [PL 2011, c. 414, §5 (NEW).]

2. Applications for federal funds. The department may apply for assistance from the federal charter school grant program on behalf of potential and actual public charter schools in the State. [PL 2011, c. 414, §5 (NEW).]

3. Use of federal funds. If the department receives a grant from the federal charter school grant program on behalf of potential and actual public charter schools, the grant must be used according to the applicable federal law and primarily for planning and start-up grants to public charter school organizers and for such activities as: A. Providing information and technical assistance to potential and actual public charter school organizers and authorizers; and [PL 2011, c. 414, §5 (NEW).] B. Allocating funds to support the work of potential and actual authorizers. [PL 2011, c. 414, §5 (NEW).] [PL 2011, c. 414, §5 (NEW).]

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

5. Investigation and sanction of authorizers. Consistent with the policies and practices established in subsection 4 , the department may investigate and, as appropriate, institute sanctions in response to deficiencies in authorizer performance or legal compliance. In addition to any other sanction instituted, the commissioner may suspend a deficient authorizer's authority to issue new charters or renew existing charters until the commissioner is satisfied that the deficiencies have been corrected. [PL 2011, c. 570, §3 (AMD).]

6. Rules. The department shall adopt major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A to implement this chapter. [PL 2011, c. 414, §5 (NEW).]

7. Reports. Four years after public charter schools have been in operation, the commissioner shall issue to the Governor, the Legislature and the public a report on the State's public charter school program, drawing from the annual reports submitted by every authorizer pursuant to section 2405, subsection 4 , as well as any additional relevant data compiled by the commissioner up to the school year ending in the preceding calendar year. The report must include an assessment of the public charter school program's successes, challenges and areas for improvement in meeting the purposes of this chapter and any suggested changes in state law or policy necessary to strengthen the public charter school program. The commissioner shall issue a similar report after 8 years of operation of public charter schools. [PL 2011, c. 414, §5 (NEW).]
20-A M.R.S. § 1310 — ME Code / Title 20-A / Part 2 / Chapter 103 / Section 1310
20-A §1310. District assessments
Status: in_force

District assessments shall follow these procedures. [PL 1981, c. 693, §§5, 8 (NEW).]

1. Warrant. In accordance with the budget approved by the voters at an annual budget meeting and in substantially the same form as the warrant of the Treasurer of State for taxes, the board of directors shall issue its warrants to the assessors of each member municipality requiring them to assess upon the taxable estates within the municipality an amount which is that municipality's share of the district's costs. [PL 1983, c. 485, §14 (AMD).]

2. Commitment. The municipal assessors shall commit the assessment to the constable or collector. Constables and collectors shall have the authority and powers to collect the district's taxes as is vested in them by law to collect state, county and municipal taxes. [PL 1981, c. 693, §§5, 8 (NEW).]

3. Installments. The board of directors shall notify the member municipalities of the monthly installments that will become payable during the fiscal year. [PL 1981, c. 693, §§5, 8 (NEW).]

4. Payment. A municipal treasurer shall pay the amount of the tax assessed in the fiscal year against the municipality to the treasurer of the district. The payments shall be paid in monthly installments on or before the 20th of each month. [PL 1981, c. 693, §§5, 8 (NEW).]

5. Gifts. A municipality may use the proceeds from gifts or trust funds allocated for educational purposes to pay its share of the assessment. [PL 1981, c. 693, §§5, 8 (NEW).]

6. Enforcement. If a municipal treasurer fails to pay the installment due, or any part, on the dates required, to initiate collection procedures, the treasurer of the school administrative district may notify the municipal treasurer of the failure to pay. Interest accrues on each unpaid installment at the rate established under Title 36, section 186 beginning on the 60th day after the date the installment is due under subsection 4 . If payment of an installment is not made within 60 days after the due date, the treasurer of the district may initiate an action in Superior Court to compel payment of the delinquent installment. The court shall determine the amount owed by the municipality to the district and shall order the municipal treasurer to pay all delinquent installments, accrued interest and any court costs and reasonable attorney's fees incurred by the district. To ensure prompt payment of the delinquent installments, the court may require that amounts due to the municipality from the State under Title 30‑A, section 5681 and Title 36, sections 578 and 685 be paid to the district until the amount determined by the court is satisfied. The court shall promptly notify the disbursing state agency of the determination and direct the agency to make the required change in payee and the amounts to be paid. If additional funds are needed to satisfy the amount determined by the court to be paid to the district, the court may order the attachment or trustee process and sale of real or personal property owned by the municipality or the attachment of the municipality's bank accounts or require property tax payments to the municipality to be turned over to the court and may pay the amount owed the district from the proceeds and return any excess to the municipality. [PL 2003, c. 212, §1 (RPR).]
20-A M.R.S. § 7204 — ME Code / Title 20-A / Part 4 / Chapter 303 / Section 7204
20-A §7204. Duties of the commissioner
Status: in_force

The commissioner: [PL 1981, c. 693, §§5, 8 (NEW).]

1. Related services. Shall provide, or cause to be provided by administrative units operating schools, all related services, as defined in rules the commissioner establishes, required by a child with a disability so that the child may benefit from equal educational opportunities; [PL 2005, c. 662, Pt. A, §25 (AMD).]

2. State plan. Shall make and annually review a state plan for education of all children with disabilities in the State. The State's plan may not require services that exceed minimum federal requirements. The plan must be available to the public on request. The department is the entity responsible for assigning financial responsibility among appropriate agencies as required under Part C of the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401 (8), Section 1412 (a)(12)(A,B,C) and Section 1435 (a)(10)(C) and continues to serve pursuant to Section 1435 (a)(10) as the single line of responsibility for carrying out the general administration and supervision of programs and activities receiving assistance under Part C of the federal Individuals with Disabilities Education Act and the monitoring of programs and activities used to carry out that Part; [PL 2005, c. 662, Pt. A, §25 (AMD).]

3. School year. May approve special education programs for: A. The usual public school year as defined in section 4801, subsection 1 ; [PL 1981, c. 693, §§5, 8 (NEW).] B. An extended school year; or [PL 1981, c. 693, §§5, 8 (NEW).] C. Other periods the commissioner determines appropriate; [PL 1983, c. 806, §64 (AMD).] [PL 1983, c. 806, §64 (AMD).]

4. Program approval. Shall approve plans for all early intervention and special education programs. The criteria for approval must include: A. Requirements for admission; [PL 1981, c. 693, §§5, 8 (NEW).] B. Qualification or certification of staff; [PL 1981, c. 693, §§5, 8 (NEW).] C. Plan of instruction; [PL 1981, c. 693, §§5, 8 (NEW).] D. Adequacy of facilities; [PL 1981, c. 693, §§5, 8 (NEW).] E. Adequacy of supportive services; [PL 1981, c. 693, §§5, 8 (NEW).] F. Professional supervision; and [PL 1981, c. 693, §§5, 8 (NEW).] G. Teacher-student ratio; [PL 2005, c. 662, Pt. A, §25 (AMD).] [PL 2005, c. 662, Pt. A, §25 (AMD).]

5. Due process. Shall: A. Adopt or amend rules to assure and protect the rights of due process for children with disabilities; and [PL 2005, c. 662, Pt. A, §25 (AMD).] B. Inform and train each school administrative unit on the rights of children with disabilities to due process under state laws and rules and federal law and regulations; [PL 2015, c. 448, §11 (AMD).] [PL 2015, c. 448, §11 (AMD).]

6. Technical assistance. May, on the request of a school administrative unit, provide technical assistance in the formulation of a plan or subsequent report required of all administrative units. Assistance may not be designed to transfer the responsibility for or actual development of the plan or report; [PL 2019, c. 429, §1 (AMD).]

7. Out-of-state placement of a state ward. May, when a child with a disability who is a state ward is placed in an out-of-state residential treatment center by the Department of Health and Human Services, designate the Department of Education as having responsibility for oversight of the child's individualized education program to ensure that the child receives a free, appropriate public education; and [PL 2019, c. 429, §2 (AMD).]

8. Report on language and literacy development of children who are deaf and hard of hearing from birth to 5 years of age. Beginning July 31, 2020 and annually thereafter, shall submit a report to the joint standing committee of the Legislature having jurisdiction over education and cultural affairs of: A. The data reported in compliance with the state performance plan required by the federal Individuals with Disabilities Education Act that are specific to language and literacy development of children who are deaf or hard of hearing from birth to 5 years of age, including children who are deaf or hard of hearing and have other disabilities, that demonstrate language and literacy development of children who are deaf or hard of hearing relative to the children's peers who are not deaf or hard of hearing; and [PL 2019, c. 429, §3 (NEW).] B. Any language developmental milestones or parent resources used or disseminated by the department to parents, educators, early interventionists or therapists for use in tracking or assessing the expressive and receptive language acquisition of children from birth to 5 years of age who are deaf and hard of hearing and their development stages toward literacy in American Sign Language or English, or both. [PL 2019, c. 429, §3 (NEW).] The commissioner shall post the report on the department's publicly accessible website. [PL 2019, c. 429, §3 (NEW).]
20-A M.R.S. § 6213 — ME Code / Title 20-A / Part 3 / Chapter 222 / Section 6213
20-A §6213. Innovative public school zones and innovative public school districts
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Innovative, autonomous public school" means an innovative, autonomous public school established pursuant to section 6212 . [PL 2013, c. 303, §2 (AMD).] B. "Innovation plan" means a plan for the creation and operation of an innovative, autonomous public school, a teacher-led school or innovative zone or district as described in subsections 2 , 3 and 4 . [PL 2013, c. 303, §2 (AMD).] C. "Innovative public school district" or "district" means a school administrative unit in which all schools operated by the school administrative unit are innovative, autonomous public schools or teacher-led schools included in an innovation plan approved pursuant to this section and implemented by the school board. [PL 2013, c. 303, §2 (AMD).] D. "Innovative public school zone" or "zone" means 2 or more innovative, autonomous public schools or teacher-led schools operated by a school administrative unit that share common interests, such as their geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education and in which a school board implements an innovation plan approved pursuant to this section. [PL 2013, c. 303, §2 (AMD).] E. "Public school" has the same meaning as in section 1, subsection 24 . [PL 2011, c. 446, §2 (NEW).] F. "Teacher-led school" means a public school in which teachers employed at the school are responsible for the decision making and governance of the school. [PL 2013, c. 303, §2 (NEW).] [PL 2013, c. 303, §2 (AMD).]

2. School-initiated innovation plan. A public school or a group of 2 or more public schools in a school administrative unit may submit to its school board an innovation plan. The school board may approve an instruction design, a school calendar, a staff selection process and a method for assessing professional development to be used in an innovative, autonomous public school or teacher-led school that is not in conflict with applicable statutory and regulatory requirements. A. A school board shall receive and review each innovation plan submitted pursuant to this subsection. The school board shall either approve or disapprove the innovation plan within 60 days after receiving the plan. [PL 2011, c. 446, §2 (NEW).] B. If the school board rejects the innovation plan, it shall provide to the public school or public schools that submitted the plan a written explanation of the basis for its decision. A public school or public schools may submit an amended innovation plan at any time. [PL 2011, c. 446, §2 (NEW).] C. If the school board approves the plan, it shall proceed to seek the commissioner's approval of the public school or public schools as an innovative, autonomous public school, a teacher-led school, an innovative public school zone or an innovative public school district pursuant to subsection 9 . [PL 2013, c. 303, §2 (AMD).] [PL 2013, c. 303, §2 (AMD).]

3. Board-initiated innovation plan. A school board may initiate and collaborate with one or more public schools within the school administrative unit to create one or more innovation plans. In creating an innovation plan, the school board shall ensure that each public school that would be affected by the plan has the opportunity to participate collaboratively in the creation and implementation of the plan. [PL 2011, c. 446, §2 (NEW).]

4. Innovation plan. An innovation plan must include the following information: A. A statement of the mission of the school, zone or district and why designation as a school, zone or district would enhance the ability of the school, zone or district to achieve its mission; [PL 2011, c. 446, §2 (NEW).] B. A description of the innovations the school, zone or district would implement, which may include, but are not limited to, innovations in school staffing, curriculum and assessment; school calendar; use of financial and other resources; and the recruitment, employment, evaluation and compensation of teachers, administrators and other staff employed by the school; [PL 2011, c. 446, §2 (NEW).] C. An identification of the improvements in academic performance that the school, zone or district expects to achieve in implementing the innovations; [PL 2011, c. 446, §2 (NEW).] D. A listing of the programs, policies and practices within the school, zone or district that would be affected by the innovations identified by the school, zone or district and the manner in which they would alter current programs, policies and practices. The programs, policies or practices may include, but are not limited to: (1) A description of any research-based educational program to be implemented; (2) The length of the school day and the school year; (3) The student promotion and graduation policies; (4) The assessment plan; (5) The budget; and (6) The staffing plan. [PL 2011, c. 446, §2 (NEW).] E. A description of any statutory requirements applicable to public schools or school administrative unit policy requirements that would need to be waived for the school, zone or district to implement the identified innovations; [PL 2011, c. 446, §2 (NEW).] F. An identification of the improvements in academic performance that the school, zone or district expects to achieve in implementing the innovations; [PL 2011, c. 446, §2 (NEW).] G. An identification of the strategic partnerships, including partnerships with business, industry, postsecondary education institutions, nonprofit educational organizations and other educational entities, that the school, zone or district expects to develop in implementing its identified innovation; [PL 2011, c. 446, §2 (NEW).] H. An estimate of the cost savings and increased efficiencies, if any, the school, zone or district expects to achieve in implementing the identified innovations; [PL 2011, c. 446, §2 (NEW).] I. A description of the strategies that the school, zone or district expects to implement in the future to secure and maintain the resources necessary to sustain the identified innovations; [PL 2011, c. 446, §2 (NEW).] J. A provision for the continuation and assignment of collective bargaining agreements as they apply to the school, zone or district for the duration of those agreements and the continuation of representational rights; [PL 2011, c. 446, §2 (NEW).] K. A provision for the continuation of continuing contract rights under section 13201 ; and [PL 2011, c. 446, §2 (NEW).] L. Any additional information required by the school board. [PL 2011, c. 446, §2 (NEW).] [PL 2011, c. 446, §2 (NEW).]

5. Additional information. An innovation plan, whether submitted by one or more public schools or created by a school board through collaboration with one or more public schools, must include the following information: A. A description of how innovations in the schools in the zone or district would be integrated to achieve results that would be less likely to be accomplished by each school working alone; and [PL 2011, c. 446, §2 (NEW).] B. An estimate of any economies of scale that would be achieved by innovations implemented jointly by the schools within the zone or district. [PL 2011, c. 446, §2 (NEW).] [PL 2011, c. 446, §2 (NEW).]

6. Prohibited acts. An employee of a public school or school administrative unit may not be discriminated against by the school board, the superintendent or any other administrator of the school administrative unit or by any employee organization, officer of the organization or member of the organization for exercising or not exercising the rights provided for under this section. An employee of a school administrative unit or an officer or member of an employee organization may not impede, restrain or coerce an employee of a public school or school administrative unit to keep that employee from exercising the rights provided for under this section or cause an employer to impede, restrain or coerce an employee to keep that employee from exercising the rights provided for under this section. A person may not directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against a public employee or a group of public employees in the free exercise of their rights pursuant to Title 26, chapter 9‑A to voluntarily join, form and participate in the activities of organizations of their own choosing for the purposes of representation and collective bargaining or in the free exercise of any other right under Title 26 . [PL 2011, c. 446, §2 (NEW).]

7. Innovations. In considering or creating an innovation plan, each school board may consider innovations in the following areas: A. Curriculum and academic standards and assessments; [PL 2011, c. 446, §2 (NEW).] B. Accountability measures, including, but not limited to, expanding the use of a variety of accountability measures to more accurately present a complete measure of student learning and accomplishment. The accountability measures adopted may include, but are not limited to: (1) Use of graduation or exit examinations; (2) Use of end-of-course examinations; (3) Use of formative assessments that measure student growth over time; (4) Use of multiple measures of student achievement; (5) Measuring the percentage of students continuing on to postsecondary education; and (6) Measuring the percentage of students simultaneously obtaining a high school diploma and an associate's degree or a career and technical education certificate from a postsecondary educational institution; [PL 2011, c. 446, §2 (NEW).] C. Provision of services, including, but not limited to, special education services; services for gifted and talented students; services for English learners as defined in section 15672, subsection 7‑B ; educational services for students at risk of academic failure, expulsion or dropping out; and support services provided by the Department of Health and Human Services or the Department of Corrections to a state ward or to a state agency client; [PL 2019, c. 398, §22 (AMD).] D. Teacher recruitment, training, preparation and professional development; [PL 2011, c. 446, §2 (NEW).] E. Teacher employment; [PL 2011, c. 446, §2 (NEW).] F. Performance expectations and evaluation procedures for teachers and principals; [PL 2011, c. 446, §2 (NEW).] G. Compensation for teachers, principals and other school personnel, including, but not limited to, performance pay plans, total compensation plans and innovations with regard to retirement and other benefits; [PL 2011, c. 446, §2 (NEW).] H. School governance and the roles, responsibilities and expectations of principals; and [PL 2011, c. 446, §2 (NEW).] I. Preparation and counseling of students for transition to postsecondary education or the workforce. [PL 2011, c. 446, §2 (NEW).] [PL 2019, c. 398, §22 (AMD).]

8. Gifts, grants and donations. A school, zone or district may seek and accept public and private gifts, grants and donations to offset the costs of developing and implementing an innovation plan. Any gift, grant or donation received pursuant to this subsection must be approved by the school board prior to the receipt of the gift, grant or donation. [PL 2011, c. 446, §2 (NEW).]

9. Commissioner's approval. A school board shall submit school, zone or district innovation plans approved pursuant to subsection 4, paragraph J to the commissioner. A. Within 60 days after receiving an innovation plan for a school, zone or district, the commissioner shall approve the innovation plan unless the commissioner concludes that the plan: (1) Is likely to result in a decrease in academic achievement in the innovative school, zone or district; or (2) Is not fiscally feasible. [PL 2011, c. 446, §2 (NEW).] B. If the commissioner does not approve the innovation plan, the commissioner shall provide to the school board a written explanation of the basis for the decision. The school board may submit an amended innovation plan for the commissioner's approval at any time. [PL 2011, c. 446, §2 (NEW).] Nothing in this subsection may prevent or may be construed to prevent the commissioner from approving an innovation plan to create an innovative public school district when the innovation plan is created by a school board for a school administrative unit that operates only one innovative, autonomous public school or teacher-led school. [PL 2013, c. 303, §3 (AMD).]

10. Commissioner's waiver. Upon approval of an innovation plan for a school, zone or district, the commissioner shall waive requirements of any statutes or rules specified in the approved innovation plan as they pertain to the innovative school, zone or district, except that the commissioner may not waive requirements pertaining to: A. School administrative unit employee participation in the Maine Public Employees Retirement System; [PL 2011, c. 446, §2 (NEW).] B. The standards established by the school board for awarding a high school diploma as set forth in chapter 207‑A, subchapter 3 ; [PL 2011, c. 446, §2 (NEW).] C. The statewide assessment program established under this chapter to measure student achievement of the content standards in the system of learning results set forth in this chapter and in department rules implementing this chapter and other curricular requirements established by the school board; [PL 2011, c. 446, §2 (NEW).] D. The applicable federal statutes and regulations pertaining to student assessment as required by the federal Every Student Succeeds Act of 2015, 20 United States Code, Chapter 70; and [PL 2021, c. 571, §11 (AMD).] E. The legal obligations and duties that a school administrative unit implementing an innovation plan owes to its employees prior to the formation of a district or zone, including but not limited to those obligations and duties arising under federal or state law, collective bargaining agreements and individual employment contracts, including but not limited to: (1) Continued recognition of all bargaining agents that represent any bargaining units of employees who are employed by a school administrative unit implementing an innovation plan; and (2) Assumption and continued observance of all collective bargaining agreements between such bargaining agents and a school administrative unit implementing an innovation plan. [PL 2011, c. 446, §2 (NEW).] Except as otherwise provided in this subsection, the commissioner may not waive any requirements of any law or rule specified in the approved innovation plan for an innovative school, zone or district if the law or rule relates to the implementation of or requirements for any program or grant for which the school administrative unit is receiving funds appropriated or allocated for the support of public school activities. The commissioner may waive any requirements of any law or rule that relates to the implementation of or requirements for any program or grant only if the funding for the program or grant is no longer allocated to the school administrative unit. [PL 2021, c. 571, §11 (AMD).]

11. State subsidy. Designation as a school, zone or district may not affect the allocation of state subsidy for the school administrative unit as calculated pursuant to chapter 606‑B . [PL 2011, c. 446, §2 (NEW).]

12. Revisions to innovation plan; changes to waivers. If the school board, in collaboration with one or more public schools pursuant to subsection 3 , revises an innovation plan as provided in subsection 9, paragraph B , the school board may request additional waivers or changes to existing waivers of the requirements of laws and rules as necessary to accommodate the revisions to the innovation plan, and the commissioner shall grant the request unless the commissioner concludes that the waivers or changes to existing waivers would be likely to result in a decrease in academic achievement in the school, zone or district, or would not be fiscally feasible. A. In requesting a new waiver or a change to an existing waiver, the school board must demonstrate the consent of a majority of the teachers and a majority of the administrators employed at each school that is affected by the new or changed waiver. [PL 2011, c. 446, §2 (NEW).] B. Except as otherwise provided in this section, a waiver from the requirements of a law or rule that is granted pursuant to this section continues to apply to a school, zone or district as long as the school, zone or district continues to be designated as a school, zone or district. [PL 2011, c. 446, §2 (NEW).] [PL 2011, c. 446, §2 (NEW).]

13. Exemption from school district reorganization requirements. Notwithstanding chapter 103‑A , a school administrative unit that has been approved by the commissioner as an innovative public school district is exempt from the requirements to reorganize as a regional school unit or as a member entity of an alternative organizational structure and may not be assessed a penalty as a nonconforming school administrative unit pursuant to section 15696 . [PL 2011, c. 446, §2 (NEW).]

14. Performance review. Three years after the commissioner approves an innovation plan for a school, zone or district, and every 3 years thereafter, the school board shall review the level of performance of the school, zone or district and determine whether the school, zone or district is achieving or making adequate progress toward achieving the academic performance results identified in the innovation plan of the school, zone or district. The school board, in collaboration with the school, zone or district, may revise the innovation plan as necessary to improve or continue to improve academic performance at the school, zone or district. Any revisions to the innovation plan require the consent of a majority of the teachers and a majority of the administrators employed at each affected school. A. Following review of a school's performance, if the school board finds that the academic performance of students enrolled in the school is not improving at a sufficient rate, the school board may revoke the designation of the school as an innovative, autonomous public school or teacher-led school. [PL 2013, c. 303, §4 (AMD).] B. Following review of the performance of a zone or district, if a school board finds that the academic performance of students enrolled in one or more of the schools included in the zone or district is not improving at a sufficient rate, the school board may remove the underperforming school or schools from the zone or district or may revoke the designation of the zone or district as an innovative public school zone or innovative public school district. [PL 2011, c. 446, §2 (NEW).] [PL 2013, c. 303, §4 (AMD).]

15. Annual report. By March 1, 2012, and each year thereafter, the commissioner shall submit to the Governor and to the joint standing committee of the Legislature having jurisdiction over education matters a report concerning the schools, zones and districts. At a minimum, the report must include: A. The number of school administrative units designated as innovative districts in the preceding academic year and the total number of innovative districts in the State; [PL 2011, c. 446, §2 (NEW).] B. The number of innovative, autonomous public schools, the number of teacher-led schools and the number of innovative public school zones and innovative public school districts, including the number of schools in each zone and district and the number of students served in the schools and zones, expressed as a total number and as a percentage of the students enrolled in the district; [PL 2013, c. 303, §5 (AMD).] C. An overview of the innovations implemented in each school, zone and district; [PL 2011, c. 446, §2 (NEW).] D. An overview of the academic performance of the students served in schools, zones and districts, including a comparison between the academic performance of the students before and after implementation of the innovations; [PL 2011, c. 446, §2 (NEW).] E. Any recommendations for legislative changes based on the innovations implemented or to further enhance the ability of school administrative units and school boards to implement innovations; and [PL 2011, c. 446, §2 (NEW).] F. Any information requested by the Governor or a member of the joint standing committee of the Legislature having jurisdiction over education matters. [PL 2011, c. 446, §2 (NEW).] The commissioner shall promptly post the annual report submitted pursuant to this section on the department's publicly accessible website. [PL 2013, c. 303, §5 (AMD).]
20-A M.R.S. § 2415 — ME Code / Title 20-A / Part 2 / Chapter 112 / Section 2415
20-A §2415. Miscellaneous
Status: in_force

1. Transfer of credits. If a student who was previously enrolled in a public charter school enrolls in another noncharter public school in this State, the school to which the student transfers must accept credits earned by the student in courses or instructional programs at the public charter school in a uniform and consistent manner and according to the same criteria that are used to accept academic credits from other noncharter public schools. [PL 2011, c. 414, §5 (NEW).]

2. Access to extracurricular and interscholastic activities. A public charter school is eligible for statewide interscholastic leagues, competitions, awards, scholarships and recognition programs for students, educators, administrators and schools to the same extent as are noncharter public schools. If a public charter school applies for and receives written approval from the superintendent of a school administrative unit or the superintendent's designee, who may withhold such approval, the public charter school is eligible for school administrative unit-sponsored interscholastic leagues, competitions, awards, scholarships and recognition programs for students, educators, administrators and schools to the same extent as are noncharter public schools. If a public charter school student applies for and receives written approval from the superintendent of the school administrative unit of the noncharter public school or the superintendent's designee, who may withhold such approval, the public charter school student is eligible to participate in extracurricular activities not offered by the student's public charter school at the noncharter public school within the attendance boundaries of which the student's custodial parent or legal guardian resides or the noncharter public school from which the student withdrew for the purpose of attending a public charter school. The superintendent of the school administrative unit or the superintendent's designee may withhold approval only if the public charter school the student attends provides the same extracurricular or interscholastic activity or if the noncharter public school does not have the capacity to provide the public charter school student with the opportunity to participate in the extracurricular or interscholastic activity. If approval is withheld, the superintendent of the school administrative unit or the superintendent's designee shall provide a written explanation to the public charter school student or the student's parent or guardian stating the reason or reasons for the decision to withhold approval. If a public charter school student is allowed to participate in the noncharter public school's extracurricular activities, the public charter school student is eligible for extracurricular activities at the noncharter public school subject to eligibility standards applied to full-time students of the noncharter public school. A school administrative unit or noncharter public school may not impose additional requirements on a public charter school student to participate in extracurricular activities that are not imposed on full-time students of the noncharter public school. Public charter school students must pay the same fees as other students to participate in extracurricular or cocurricular activities. For each public charter school student who participates in an extracurricular or cocurricular activity at a noncharter public school, the public charter school must pay a reasonable share of the noncharter public school's costs for the activity, as determined through negotiations between the schools involved. [PL 2013, c. 601, §1 (AMD).]

3. Retirement. A public charter school may establish a retirement plan or plans for employees. If a public charter school chooses to set up a plan with the Maine Public Employees Retirement System, the public charter school may establish a participating local district plan with the Maine Public Employees Retirement System under Title 5, chapter 425 . [PL 2011, c. 414, §5 (NEW).]
20-A M.R.S. § 7413 — ME Code / Title 20-A / Part 4 / Chapter 304 / Section 7413
20-A §7413. Private support organization
Status: in_force

1. Designation of private support organization. The executive director shall designate a nonprofit organization as the private support organization for the center. The designated organization must be incorporated as a nonprofit corporation under the laws of the State, and its sole purpose, as reflected in its bylaws, must be to organize and foster support for the center and the center's programs and services. [PL 2021, c. 646, §15 (AMD).]

2. Nonvoting member on board of directors. The executive director, or the executive director's designee, shall serve as a nonvoting ex officio member of the private support organization's board of directors. [PL 2015, c. 383, §1 (NEW).]

3. Plan of work. The executive director shall negotiate an annual memorandum of understanding between the center and the private support organization that outlines a plan of work identifying priority projects of mutual benefit and cooperation. [PL 2021, c. 646, §15 (AMD).]

4. Use of property. The executive director may permit the appropriate use of fixed property, equipment and facilities of the center by the private support organization. Such use must be directly in keeping with the purpose of the private support organization as set out in subsection 1 and must comply with all appropriate state policies and procedures. [PL 2021, c. 646, §15 (AMD).]