An Act Regarding School Discipline for Maine's Youngest Students
Maine Legislature, Session 129, LD 2016
Committee: Education and Cultural Affairs
Sponsors: MORALES, MILLETT, COSTAIN, DODGE, FARNSWORTH, GATTINE, O'NEIL, TALBOT ROSS, WARREN
Amends: 20-A MRSA §1001

Legislative Document
No. 2016
H.P. 1437
House of Representatives, January 14, 2020
An Act Regarding School Discipline for Maine's Youngest Students
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MORALES of South Portland.
Cosponsored by Senator MILLETT of Cumberland and
Representatives: COSTAIN of Plymouth, DODGE of Belfast, FARNSWORTH of Portland, 
GATTINE of Westbrook, O'NEIL of Saco, TALBOT ROSS of Portland, WARREN of 
Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1001, sub-§8-A, ¶B, as enacted by PL 2011, c. 614, §3, is 
amended by amending subparagraph (2) to read:
 (2)  The student has the right to an attorney or other representation.  A student 
who is eligible for free or reduced-price meals under section 6602, subsection 1, 
paragraph A is entitled to an attorney or other representation, including, but not 
limited to, an advocate for the developmentally disabled, at state expense; and
Sec. 2.  20-A MRSA §1001, sub-§9, as amended by PL 2017, c. 407, Pt. A, §57, 
is further amended to read:
9.  Students expelled or suspended.  Following a proper investigation of a student's 
behavior and due process proceedings pursuant to subsection 8-A, if found necessary for 
the peace and usefulness of the school, a school board shall expel any student, except a 
student who is enrolled in grade 5 or below:
A.  Who is deliberately disobedient or deliberately disorderly;
B.  For infractions of violence;
C.  Who possesses on school property a firearm as defined in Title 17-A, section 2, 
subsection 12-A or a dangerous weapon as defined in Title 17-A, section 2, 
subsection 9 without permission of a school official;
D.  Who, with use of any other dangerous weapon as defined in Title 17-A, section 2, 
subsection 9, paragraph A, intentionally or knowingly causes injury or accompanies 
use of a weapon with a threat to cause injury; or
E.  Who possesses, furnishes or trafficks in any scheduled drug as defined in Title 
17-A, chapter 45.
A student may be readmitted on satisfactory evidence that the behavior that was the cause 
of the student being expelled will not likely recur.  The school board may authorize the 
principal to suspend students up to a maximum of 10 days for infractions of school rules, 
except that a school board may not authorize a principal to suspend a student who is 
enrolled in grade 5 or below except as provided under subsection 9-A.  In addition to 
other powers and duties under this subsection, the school board may develop a policy 
requiring a student who is in violation of school substance use or possession rules to 
participate in substance use disorder services as provided in section 6606. Nothing in this 
subsection or subsection 9-C prevents a school board from providing educational services 
in an alternative setting to a student who has been expelled.
Sec. 3.  20-A MRSA §1001, sub-§15, as amended by PL 2011, c. 659, §2, is 
further amended to read:
15.  Adoption of student code of conduct.  With input from educators, 
administrators, parents, students and community members, they shall adopt a district-
wide districtwide student code of conduct consistent with the statewide standards for 
student behavior developed under section 254, subsection 11.  Adoption of a districtwide 
student code of conduct is required in order to receive funding under chapter 606-B.  
Except as provided under subsection 9-A, a student code of conduct may not prescribe 
suspension, expulsion or the withholding of recess as a consequence of a violation of the 
student code of conduct by any student enrolled in grade 5 or below.  The student code of 
conduct must:
A.  Define unacceptable student behavior;
B.  Establish standards of student responsibility for behavior;
C.  Prescribe consequences for violation of the student code of conduct, including 
first-time violations, when appropriate;
D.  Describe appropriate procedures for referring students in need of special services 
to those services;
E.  Establish criteria to determine when further assessment of a current individual 
education plan is necessary, based on removal of the student from class;
F.  Establish policies and procedures concerning the removal of disruptive or violent 
students or students threatening death or bodily harm to others from a classroom or a 
school bus, as well as student disciplinary and placement decisions, when 
appropriate;
G.  Establish guidelines and criteria concerning the appropriate circumstances when 
the superintendent or the superintendent's designee may provide information to the 
local police or other appropriate law enforcement authorities regarding an offense 
that involves violence committed by any person on school grounds or other school 
property; and
H.  Establish policies and procedures to address bullying, harassment and sexual 
harassment as set forth in section 6554.
The school board is responsible for ensuring that school officials inform students, parents 
and community members of the student code of conduct.
SUMMARY
This bill provides that a student code of conduct may not prescribe suspension, 
expulsion or the withholding of recess as a consequence of a violation of the student code 
of conduct by any student enrolled in grade 5 or below except as provided under the 
federal Gun-Free Schools Act.  The bill also provides that any student enrolled in grade 6 
or above who is eligible for free or reduced-price school meals is entitled to 
representation at state expense during an expulsion proceeding.