An Act Regarding Education Laws
Maine Legislature, Session 123, LD 2062
Committee: Education and Cultural Affairs
Sponsors: NORTON, BOWMAN
Amends: 20-A MRSA §401-A, 20-A MRSA §10712, 22 MRSA §1971, 20-A MRSA §7209

Legislative Document 
No. 2062 
H.P.1446 
House of Representatives, December 21,2007 
An Act Regarding Education Laws 
Submitted by the Department of Education pursuant to loint Rule 204. 
Received by the Clerk of the House on December 19,2007. Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Representative NORTON of Bangor. 
Cosponsored by Senator BOWMAN of York. 
Primed on recycled paper 
111~ 
/h.77!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
PART A. 
Sec. A-I. 20-A MRSA §401-A, as enacted by PL 1987, c. 395. Pt. A, §47, is 
amended to read: 
§401-A. Responsibilities of the State Board of Education 
The State Board of Education is intended to act as a body with certain policy-making, 
administrative and advisory functions. In those capacities. the board has the primary 
responsibility for the following: 
1. 
Formulating policy. Formulating policy by which the commissioner shall 
administer certain regulatory tasks; 
2. Advising commissioner. Advising the commissioner in the administration of all 
the mandated responsibilities of that position; and 
3. 
Enforcing regulatory requirements. Enforcing regulatory requirements for 
school administrative units. 
The state board may advise the commissioner and the Legislature on matters 
concernmg state laws relating to publ ic preschool to grade 12 and postsecondary 
education. 
Sec. A-2. 20-A MRSA §S401, sub-§l, as enacted by PL 1981, c. 693, §§5 and 8, 
is amended to read: 
1. Municipal school units. The superintendent of schools in a municipal school unit 
shall, with the approval of the school board, provide transportation for elementary school 
students and public preschool students a part of or the whole distance to and from the 
nearest suitable elementary school. 
The municipality may provide transportation for 
secondary level students. 
Sec. A-3. 20-A MRSA §S401, sub-§2, ~A, as enacted by PL 1981, c. 693, §§5 
and 8, is amended to read: 
A. 
Elementary school students and public preschool students a part of or the whole 
distance to and from the nearest suitable school; and 
Sec. A-4. 20-A MRSA §S401, sub-§3, ~A, as enacted by PL 1981, c. 693, §§5 
and 8, is amended to read: 
A. 
Instruct the superintendent of schools to provide transportation for elementary 
and secondary school students and public preschool students all or a part of the way 
to and from the nearest suitable school; or 
Sec. A-S. 20-A MRSA c. 407, as amended, is repealed. 
Page I - 123LR3190(OI)-1 
See. A-6. 20-A MRSA §l0701, sub-§2, as enacted by PL 1981, c. 693, §§5, 8, is 
amended to read: 
2. Degree. "Degree" means a document of achievement at the associate level or 
higher conferred by a post secoAdary postsecondary educational institution authorized to 
confer that degree in its home state. It includes educational, academic, literary eF and 
professional degrees. It also includes associate, baccalaureate, masters or master's and 
doctoral degrees and certificates of advanced graduate studies. 
Sec. A-7. 20-A MRSA §l0701, sub-§3, as amended by PL 1991, c. 563, §3 and 
PL 2003, c. 20, Pt. 00, §2 and affected by §4, is further amended to read: 
3. Educatioaal institution. "Educational institution" means any person, partnership, 
board, association, institution or corporation other than the University of Maine System 
aOO, the Maine Community College System and the Maine Maritime Academy that offers 
academ ic; educational, I iterary or professional courses or programs. 
Sec. A-8. 20-A MRSA §l0702, as amended by PL 1987, c. 395, Pt A, §81, is 
5 
further amended to read: 
§ 10702. Use of name "community college," "college't or "university" 
An educational institution may use the term ''jtHHer community coll~" "college" or 
"university" in connection with its operation or use any other name, title or descriptive 
matter wiTi6fl. that might tend to indicate that it is an institution of higher learning with the 
authority to confer degrees, only if it: 
1. Temporary approval. Is operating under a license or certificate of temporary 
approval from the state board in accordance with section 1 0703~ or 
2. Authorization. Has authorization to confer degrees in accordance with sections 
10704 and 10704-A. 
Sec. A-9. 20-A MRSA §l0703, as enacted by PL 1981, c. 693, §§5 and 8, is 
amended to read: 
§10703. Temporary approval to use the name "community college," "collegelt or 
"university" 
1. 
Power. 
The state board may grant an applicant a certificate of temporary 
approvaL permitting use of the term "~ community college," "college" or 
"university" in its name until the earlier of: 
A. 
The expiration of the academic year, or 
B. 
The applicant is authorized by the Legislature to grant degrees in accordance 
with section 10704. 
2. Extensions and renewals. The state board may extend or renew a certificate of 
temporary approval for not more than 2 years. 
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Sec. A-IO. 20-A MRSA §I0705, as amended by PL 1987, c. 395, Pt. A, §84, is 
further amended to read: 
§1070S. Courses for credit 
An educational institution may offer courses or programs for academic credit leading 
to degree-completion requirements only if: 
1. Authority. It has been authorized under sections 10704 and 10704-A to grant 
degrees; 
2. State board authority. It has been given temporary authority by the state board 
to use the name "jtmief community college," "college" or "lmi'.'ersity;" "university"; or 
3. Out-of-state institution. It is: 
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A. 
Located in another state outside the State; and 
B. 
Authorized by the state board to offer courses for academic credit leading to 
degree-completion requirements. 
An eduea:tional institution may offer eourses or programs for a:cadelltic credit if it 
offers eeOfElinated courses Of prografRS if! 6onfeFfRit), with section 10706. 
Sec. A-ll. 20-A MRSA §I0706,.as enacted by PL 1981, c. 693, §§5 and 8, is 
amended to read: 
§10706. Coordinated p~ms 
An educational institution may offer eOlirses or programs for academic credit w!:HeR 
that are coordinated with a Maine degree-granting educational institution and wITtefl that 
have been approved by the state board. 
Sec. A-12. 20-A MRSA §l0707, sub-§2, as enacted by PL 1981, c. 693, §§5 and 
8, is amended to read: 
2. Temporary use of name. Applications for temporary state board authority to use 
the name "jttntef community college," "college" or "university" sfla.» must be made to the 
state board on forms provided by the commissioner. 
Sec. A-l3. 20-A MRSA §10712, last ~, as enacted by PL 1991, c. 563, §4, is 
amended to read: 
Upon termination of its degree-granting authority pursuant to this section, an 
educational institution may apply to the state board pursuant to section 10703 for a 
certificate of temporary approval to use the term "~community college," "college" or 
"university" in its name. 
Sec. A-14. 20-A MRSA §I07l3, sub-§l, as enacted by PL 1991, c. 563, §4, is 
amended to read: 
1. Investigations. Whenever the state board believes that an event, transaction or 
condition within the scope of section 10712 may have occurred or may exist, it may 
conduct an investigation, which may include, but is not limited to, an examination of the 
educational institution by a visiting committee convened by the state board for that 
purpose. As part of an investigation conducted under this subsection, the state board has 
the power to subpoena and examine under oath educational institutions, their trustees, 
directors, officers and employees, lenders, creditors-and investors, together with their 
records, books and accounts. AflY member of tile state board may SigA iA'Iestigati'le 
subpoeAas aAd admiAister oaths to 'NitAesses. 
The state board may also require the 
educational institution to provide other written information relevant to the subject matter 
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of the investigation in the format prescribed by the state board. The Superior Court has 
jurisdiction upon complaint filed by the state board to enforce any subpoena or request 
for other written information issued under this subsection. 
Sec. A-IS. 22 MRSA §1971, sub-§I, as amended by PL 2007, c. 1, Pt. D, §3, is 
further amended to read: 
1. Establishment. The position of school nurse consultant· is established jointly 
within the department and the Department of Education. The Director of the Bureau of 
HeaWl Maine Center for Disease Control and Prevention and the Policy Director of 
Special Services within the Department of Education shall jointly supervise the school 
nurse consultant. 
PART B 
Sec. B-1. 2f)-.A MRSA §7209, sub-§I,~, as amended by PL 2007, c. 307, §I, 
is further amended to read: 
B. 
During tHe peFiod H=om JHly 1,2006 to JUAe 30, 2008, tHe The department, in a 
manner consistent with the authority of the board of directors of an intermediate 
educational unit, shaH approve the annual entitlement plan ami the budget for an 
intermediate educational unit pursuant to subsection 6 only in accordance with the 
following. 
(1) The department shall approve the entitlement pJan and the budget if the 
provisions of the entitlement plan and the budget are in compliance with the 
I 
statewide standards established by the state intermediate educational unit 
pursuant to subsection 3 for the purpose of ensuring coordinated service delivery 
in each region of the State. 
(2) In the event that the department determines that the provisions of the annual 
entitlement plan and the budget presented by a board of directors of an 
intermediate educational unit are not in compliance with the statewide standards 
established pursuant to subsection 3, the department shall require the board of 
directors of the intermediate educational unit to revise and resubmit the annual 
entitlement plan and the budget in a reasonable amount of time as determined by 
the commissioner. 
(3) In the event the provisions of the resubmitted annual entitlement plan and 
the budget are not in compliance with the statewide standards established 
I 
pursuant to subsection 3, the department is authorized to determine and approve 
an appropriate, final annual entitlement plan and a budget for the intermediate 
educational unit that is in compliance with the statewide standards established 
pursuant to subsection 3. 
This paragraph is repealed JURe 30, 2008. 
Sec. B-2. 20-A MRSA §7209, sub-§2, as amended by PL 2007, c. 307, §2, is 
further amended to read: 
2. 
State-level advisory committee. 
The state-level advisory committee is 
established for the period from July 1,2006 to JURe 30, 2008 to advise on the provisions 
of this section. 
Members of the state-level advisory committee are appointed by the 
II 
commissioner and must include representatives from each board of directors of a regional 
site described in subsection 5, the early childhood education consultant and the director of 
early childhood special education within the department. This sUBsectioR is repealed 
JUfle30,2008. 
Sec. B-3. 20-A MRSA §7209, sub-§3, as amended by PL 2007, c. 307, §3, is 
further amended to read: 
3. State intermediate educational unit. The commissioner shall establish and 
supervise the state intermediate educational unit. The state intermediate educational unit 
is established as a body corporate and politic and as a public instrumentality of the State 
for the purpose of conducting child find activities as provided in 20 United States Code, 
Section 1412 (a) (3) for children from birth to under 6 years of age, ensuring the 
provision of early intervention services for eligible children from birth to under 3 years of 
age and ensuring a free, appropriate public education for eligible children at least 3 years 
of age and under 6 years of age. For the period from Jul)' 1, 2006 to JURe 30, 2008, the 
The state intermediate educational unit shall perform the following statewide 
coordination and administration functions: 
A. 
Establish standard policies and procedures for a statewide salary and benefits 
administration system, including personnel classifications, position descriptions and 
salary ranges, and a standard package of health, retirement and other fringe benefits 
for Child Development Services System personnel, which must be included in the 
annual entitlement plan described in subsection I beginning in fiscal year 2006-07; 
B. 
Develop a statewide salary and benefits administration system and perform the 
payroll functions for Child Development Services System personnel; 
B-1. 
Bargain collectively under Title 26, chapter 9-A if the employees of the 
regional sites choose to be represented by an agent for purposes of collective 
bargaining. In such circumstances, the state intermediate educational unit must be 
considered the public employer for purposes of collective bargaining; 
C. 
Establish a centralized system for statewide fiscal administration to be 
implemented by September I, 2006. The state intermediate educational unit shall 
establish internal controls and implement accounting policies and procedures in 
accordance with standards set forth by the State Controller; 
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D. 
Develop and implement a centralized data management system to be fully 
operational beginning July 1,2007; 
E. 
Establ ish a standard, statewide template for regional site contracts with 
therapeutic service providers, including policies and procedures for the review of 
contracts, that must be included in the annual entitlement plan described in subsection 
I, beginning in fiscal year 2006-07; 
II 
F. 
Refine program accountability standards for compliance with federal mandates 
that must be included in the annual entitlement plan described in subsection I, 
including the development of a performance review system to monitor and improve 
regional site performance through the use of efficiency ratings aligned with the 
accountability standards and through a compliance plan that requires the regional site 
to address the unmet needs of eligible children in accordance with specific targets and 
time frames; 
G. 
Design and implement a statewide plan to provide professional development and 
training to Child Development Services System personnel; 
H. 
Employ professional and other personnel. including those necessary to ensure 
the implementation of the centralized fiscal and data management systems. All state 
intermediate educational unit employees are employees for the purposes of the Maine 
Tort Claims Act: 
I. 
Enter into contracts, leases and agreements and any other instruments and 
I 
arrangements that are necessary, incidental or convenient to the performance of its 
duties and the execution of its powers under this chapter. 
Sec. B-4. 20-A MRSA §7209, sub-§7, ~C, as amended by PL 2007, c. 307, §6, 
is further amended to read: 
C. 
Ensure data entry and reporting through JURe 30, 200&; and 
SUMMARY 
Part A of this bill accomplishes the following. 
It amends the school transportation statutes to clarify that public preschool students 
are included in the group of elementary students for whom school administrative units are 
requin:d to provide transportation. 
It makes several changes in the postsecondary educational institution statutes, 
including adding the certification of advanced studies to the list of degrees that may be 
conferred by postsecondary educational institutions, updating references to "junior 
college" to "community college," adding the Maine Maritime Academy to the list of 
public institutions not included in the definition of "educational institution" and clarifying 
the postsecondary degree-granting approval process and the State Board of Education's 
role in that process. 
It specifically authorizes the State Board of Education to advise the Commissioner of 
Education and the Legislature on matters pertaining to education in elementary and 
secondary schools and post-secondary educational institutions. 
It repeals the statutory provisions relating to the Maine State Commission for Higher 
Education Facilities, whose duties were assumed by the Maine Health and Higher 
Educational Facilities Authority. 
It clarifies that the school nurse consultant within the Department of Education is 
jointly supervised by the Director of the Maine Center for Disease Control and 
• 
Prevention within the Department of Health and Human Services and the Policy Director 
of Special Services within the Department of Education. 
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Part B of this bill eliminates the sunsets on the transition periods and makes the 
centralization of the fiscaL data and human resources of the Child Development Services 
• 
System permanent to achieve a more efficient and effective Child Development Services 
System delivery and governance system.