An Act Regarding the Adoption of Education Policies by School Boards
Maine Legislature, Session 129, LD 1879
Committee: Education and Cultural Affairs
Sponsors: BRENNAN, HUBBELL
Amends: 20-A MRSA §1005

Legislative Document
No. 1879
H.P. 1345
House of Representatives, December 24, 2019
An Act Regarding the Adoption of Education Policies by School 
Boards
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 20, 2019.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BRENNAN of Portland.
Cosponsored by Representative: HUBBELL of Bar Harbor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1005 is enacted to read:
§1005.  Education policy
In order to be considered an education policy that may not be negotiated during 
collective bargaining pursuant to Title 26, section 965, the education policy must be 
adopted or revised by the school board in accordance with the following minimum 
requirements:
1.  Prohibition on delegation.  The school board may not delegate the authority to 
develop the substance of an education policy;
2.  Procedure for adoption or revision.  In the adoption or revision of an education 
policy, the school board must:
A.  Hold a public hearing on the proposed education policy at the school board 
meeting in which the first reading of the proposed education policy is held and at 
least 7 days prior:
(1)  Provide public notice; and
(2)  Publish the proposed education policy, including but not limited to posting 
the proposed education policy on any publicly accessible website that the school 
administrative unit operates and providing copies to any member of the public at 
the superintendent's office;
B.  At least 2 weeks but no more than 8 weeks after the first reading of the proposed 
education policy under paragraph A, hold a 2nd reading of the proposed education 
policy at a public meeting. Public notice of the meeting must be provided at least 7 
days prior to the meeting; and
C.  Provide that if the proposed education policy does not gain support of a majority 
of school board members, the proposed education policy is not adopted or revised;
3.  Wages, hours, working conditions and contract grievance arbitration.  An 
education policy may not include wages, hours, working conditions or contract grievance 
arbitration; and
4.  Education policy adopted prior to the effective date of this section.  An 
education policy adopted in written form prior to the effective date of this section is 
deemed to be an education policy that may not be negotiated during collective bargaining 
pursuant to Title 26, section 965.  A school board may not revise an education policy 
under this subsection unless the school board uses the procedure required in subsection 2.
A school board may not repeal an education policy adopted pursuant to this section 
unless the school board uses the procedure required in subsection 2.
SUMMARY
This bill provides that in order to be considered an education policy that may not be 
negotiated during collective bargaining, the policy must be adopted by the school board 
pursuant to the procedure established in the bill.  The bill prohibits the school board from 
delegating the authority to develop such a policy.