An Act Regarding School Discipline for Maine's Youngest Children
Maine Legislature, Session 130, LD 0474
Committee: Education and Cultural Affairs
Sponsors: MORALES
Amends: 20-A MRSA §1001

Legislative Document
No. 474
H.P. 348
House of Representatives, February 16, 2021
An Act Regarding School Discipline for Maine's Youngest Children
Received by the Clerk of the House on February 11, 2021.  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 MORALES of South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1001, sub-§8-A, ¶A, as enacted by PL 2011, c. 614, §3, is 
amended by amending subparagraph (1), division (d) to read:
(d)  A description of the hearing process; and
Sec. 2.  20-A MRSA §1001, sub-§8-A, ¶A, as enacted by PL 2011, c. 614, §3, is 
amended by enacting a new subparagraph (1), division (f) to read:
(f)  A list of available free and low-cost legal services, which must be created 
and updated annually by the department; and
Sec. 3.  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 
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 the school board may not authorize the 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. 4.  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 requires school superintendents to include, as part of the written notice 
provided to students and parents before expulsion hearings, a list of available free and low-
cost legal services; it requires the Department of Education to create the list and update it 
annually.  It 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.