An Act To Amend the Education Laws Regarding the State Board of Education's Degree-granting Authority, the Appeal of a School Board's Decision To Discharge a Superintendent, the Telecommunications Education Access Fund and Certain Definitions a.nd Programs
Maine Legislature, Session 124, LD 1036
Committee: Education and Cultural Affairs
Sponsors: SUTHERLAND, ALFOND
Amends: 5 MRSA §17001, 20-A MRSA §256, 20-A MRSA §5, 20-A MRSA §10701, 20-A MRSA §10712, 20-A MRSA §15001, 27 MRSA §40, 35-A MRSA §7104-B

Legislative Document 
No. 1036 
House of Representatives, March 17,2009 
An Act To Amend the Education Laws Regarding the State Board 
of Education's Degree-granting Authority, the Appeal of a School 
Board's Decision To Discharge a Superintendent, the 
Telecommunications Education Access Fund and Certain 
Definitions a.nd Programs 
Submitted by the Department of Education pursuant to Joint Rule 204. 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
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Presented by Representative SUTHERLAND of Chapman. 
Cosponsored by Senator ALFOND of Cumberland. 
Printed ~111 rCL'ydcd p<lpcr 
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1?7.11l1l£~{ 
MILLICENT M. MacFARLAND 
. Clerk 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §17001, sub-§13, ~, as amended by PL 1999, c. 489, § 1, is 
further amended to read: 
B. 
"Earnable compensation" does not include: 
(1) For any member who has 10 years of creditable service by July 1, 1993 or 
who has reached 60 years of age and has been in service for a minimum of one 
year immediately before that (tate"p-aYl!lS:I1LformQr.~Jhall, J9,days,,<:>f unused. __ 
accumulated or accrued sick leave, payment for more than 30 days of unused 
vacation leave or payment for more than 30 days of a combination of both and, 
'effective October 1, 1999, whether or not the member is in service On October 1, 
1999, the 30-day limitation may not be decreased and the exclusion set out in 
subparagraph (2) may not be made applicable to such a member; 
(2) For any member who is not covered by subparagraph (1), payment for any 
unused accumulated or accrued sick leave or payment for any unused vacation 
leave; or 
(3) Any other payment that is not compensation for actual services rendered or 
that is not paid at the time the actual services are rendered-;--eF!. 
(4) Teacher recognition grants paid pursuant to Tide 20 A, section 13503 ,I .... 
A payment for unused sick leave or unused vacation leave may not be included as 
part of earnable compensation unless it is paid upon the member's last termination 
before the member applies for retirement benefits. 
Sec. 2. 20-A MRS A §l,sub-§13, as enacted by PL 1981, c. 693, §§5 and 8, is 
repealed. 
Sec. 3. 20-:-A MRS A §l, sub-§16, as enacted by PL 1981, c. 693, §§5 and 8, is 
repealed. 
Sec. 4. 20-A MRSA §l, sub-§35, as enacted by PL 1981, c. 693, §§5 and 8, is, 
repealed. 
Sec. 5. 20-A MRS A §l, sub-§37, as enacted by PL 1981, c. 693, §§5 and 8, is 
repealed. 
30. 
Sec. 6. 20-A MRS A §202, sub-§3, as enacted by PL 1981, c. 693, §§5 and 8, is 
repealed. 
Sec. 7. 20-A MRS A §256, sub-§l, as amended by PL 2001, c. 454, §5, is further 
amended to re'ad: 
1. Report to Governor and Legislature. The commissioner shall prepare and 
deliver to the Governor and Legislature an annual report on the status of public education 
in the State regarding the implementation of the system of learning results as established 
in section 6209, including any suggestions and recommendations to improve public 
Page I - 124LR0332(Ol)-1 
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education and inCluding the reporting requirements of section 13506, subsection 3 A. 
This annual report must also include a description of the activities and accomplishments 
of the state board. 
The commiSSIOner shall include in the annual repoli a listing of requests by school 
districts for affirmative action workshops and an assessment of the department's ability to 
meet past and projected demand for in-service training related to affirmative action or 
gender equity. 
The commissioner may be invited by the Speaker of the House of Representatives and the 
President of the Senate annually, in January, to appear before a joint session of the 
Legislature to address the Legislature on the status of public education in the State and 
such related matters as the commissioner desires to bring to the Legislature's attention. 
Sec. S. 20-A MRSA §256, sub-§10 is enacted to read: 
10. Telecommunications education access fund. The commissioner or the State 
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Librarian may enter into contracts or order services on behalf of schools and libraries in 
connection with the telecommunications education access fund pursuant to Title 35-A, 
section 7104-B. The commissioner or the State Librarian may take advantage of any 
discounts available pursuant to the federal Telecommunications Act of 1996. 
'Sec. 9. 20-A MRS A §1052, sub-§3, as enacted by PL 1981, c. 693, §§5 and 8, is 
repealed. 
Sec. 10. 20-A MRSA §5S04, first~, as enacted byPL 1981, c. 693, §§5 and 8, is 
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amended to read: 
Tuition charged, for elementary school students sfla.I-I including students who attend 
public preschool programs must be as follows: 
Sec. 11. 20-A MRSA §10701, sub-§l-A is enacted to read: 
I-A. Coordinated program. "Coordinated program" means a program or course 
offered by an out-of-state institution in collaboration with a Maine degree-granting 
educational institution that has been approved by the state board. 
Sec. 12. 20-A MRSA §10701, sub-§2, as amended by PL 2007, c. 572, Pt. A, §7, 
is further amended to read: 
2. Degl·ee. "Degree" means a document of achievement at the associate level or 
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higher conferred by a postsecondary educational institution authorized to confer that 
degree in its home state. 
It includes educational, academic, literary and professional 
degrees. It also includes associate, baccalaureate, master's, first professional and doctoral 
degrees arid celiificates of advaliced graduate studies. 
Sec. 13. 20-A M"RSA §1070S, sub-§l, as enacted by PL 1981, c. 693, §§5 and 8, 
is amended to read: 
Pag.e 2. - 124LR0332(OI)-1 
1. Prior to September 18, 1981. Have specific undergraduate and graduate levels 
of degree-granting authority granted to them by the Legislature or the state board prior to 
September 18, 1981; 
Sec. 14. 20-A MRSA §10712, sub-§4, as enacted by PL 1991, c. 563, §4, is 
amended to read: 
4. Merger; consolidation; reorganization. The merger or consolidation of the 
educational institution with any other external -entity, or the reorganization of the 
educational institution, including, but noHimitedto; reorganization in bankruptcy; This- .. ---- -------
subsection. does not apply to the consolidation or reorganization of preexisting degree 
program entities within an educational institution. 
An educational institution in a 
reorganization plan, except for an institution that had specific degree-granting authority 
granted to it by the Legislature prior to September 18, 1981, requires authorization by the 
state board following procedures as specified under section 10707. 
Sec. 15. 20-A MRSA c. 506, as amended, is repealed. 
Sec. 16. 20-A MRSA §15001, sub-§3, as enacted by PL 1981, c. 693, §§5 and 8 
arid amended by PL 2005, c. 397, Pt. D, §3, is repealed. 
Sec. 17. 20-A MRSA c. 612, as amended, is repealed. 
Sec. 18. 27 MRSA §40, sub-§3 i.s enacted to read: 
3. 
Telecommunications education access fund. 
The State Librarian or the 
Commissioner of Education may enter Into contracts or order services on behalf of 
schools and libraries in connection with the telecommunications education access fund 
pursuant to Title 35-A, section 7104-B. The State Librarian or the Commissioner of 
Education may take advantage of any discounts available pursuant to the federal 
Telecommunications Act of 1996. 
Sec. 19. 35-A MRSA §7104-B, suh,..§4-A is enacted to read: 
4-A. State Librarian; Commissioner of Education. The State Librarian or the 
Commissioner of Education may enter into contracts or order services on behalf of 
qualified schools and qualified libraries in connection with the fund and may take 
advantage of any discounts available pursuant to the federal Telecommunications Act of 
1996. 
SUMMARY 
This bill accomplishes the following. 
l. 
It repeals the definition of "financial definitions," "local allocation," "state 
allocation" and "state and local allocation"in the laws governing education. 
2. 
It repeals a reference to the Maine State Commission for Higher Education 
Facilities. 
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2. 
3. 
It establishes the authority of the Commissioner of Education and the State 
Librarian to enter into contracts or order services on behalf of schools and libraries 
participating in the telecommunications education access fund and to take advantage of 
any discounts available pursuant to the federal Telecommunications Act of 1996. 
4. It repeals the provision of law that provides that a superintendent of schools may 
appeal a school board's decision to discharge that superintendent and that requires the 
commissioner to hold a hearing as part of this appeal. 
----5.--lt clarifies-that-students in-public preschool programs are included in the laws 
governing tuition charges for elementary school students. 
,6. It amends the definition of "degree" to include first professional and adds a 
definition of "coordinated program." 
7. It' provides that exemptions from degree-granting requirements granted to degree-
granting institutions do not apply to those educational institutions that have specific 
. undergraduate and graduate levels of degree-granting authority granted to them by the 
Legislature or the State Board of Education prior to September 18, 1981. 
8. 
It 
provides clarification that the provision of law governing the merger, 
consolidation or reorganization of a degree-granting institution applies to a merger or 
consolidation of an educational institution with another external entity and that the 
pJ:ovisions do not apply to the consolidation or reorganization of internal program entities 
within an educational institution. 
9. It repeals the chapter of law that provides for teacher recognition grants, which no 
longer exist. 
10. It repeals a definition of "teaching positions" that is no longer used. 
11. It repeals the chapter of law that provides for innovative educational grants, 
which no longer exist as described in that chapter. 
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