An Act To Maximize Service to Students by Adopting Conditional Allowances for Participation by Families of School Board Members in School Activities
Maine Legislature, Session 130, LD 1323
Committee: Education and Cultural Affairs
Sponsors: BABBIDGE, BALDACCI, BERRY, MILLETT, ROCHE, RAFFERTY
Amends: 20-A MRSA §1002

Legislative Document
No. 1323
H.P. 975
House of Representatives, March 30, 2021
An Act To Maximize Service to Students by Adopting Conditional 
Allowances for Participation by Families of School Board Members 
in School Activities
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BABBIDGE of Kennebunk.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: BERRY of Bowdoinham, MILLETT of Cape Elizabeth, ROCHE of Wells, 
Senator: RAFFERTY of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1002, sub-§1, ¶A, as enacted by PL 1999, c. 128, §1, is 
amended to read:
A.  "Employee" means a person who receives ongoing monetary payment or benefits, 
no matter the amount paid or hours worked, for personal services performed for a 
school administrative unit.
Sec. 2.  20-A MRSA §1002, sub-§1, ¶A-1 is enacted to read:
A-1.  "Stipend employee" means a person who receives limited monetary payment or 
benefits, through a series of payments or in a lump sum, for personal services 
performed in an advisory, mentoring or coaching capacity for a school administrative 
unit. 
Sec. 3.  20-A MRSA §1002, sub-§2, as amended by PL 1999, c. 128, §2, is further 
amended to read:
2.  Employment by school administrative unit, school union, academy.  A member 
of a school board or spouse of a member may not be an employee in a public school within 
the jurisdiction of the school board to which the member is elected or in a contract high 
school or academy located within a supervisory union in which the member is a 
representative on the union committee.  The spouse of a member of a school board may 
serve as a stipend employee on a contractual basis when that action is in the best interest 
of students and a summation of potential conflicts of interest is documented and a priori 
mitigations are described in the signed contract.  Notwithstanding any provision of law to 
the contrary, a school administrative unit must have a written policy on nepotism that 
includes hiring practices for school-sanctioned stipend positions, which must provide all 
qualified applicants with fair and equal opportunity to be selected on merit, with priority 
consideration being the best interest of students, and that does not include unnecessary 
restrictions based solely on family association.
Sec. 4.  20-A MRSA §1002, sub-§2-A, as enacted by PL 1999, c. 128, §3, is 
amended to read:
2-A.  Volunteer placement by school administrative unit, school union, academy.  
A member of a school board or member's spouse may not serve as a volunteer when that 
volunteer has primary responsibility for a curricular, cocurricular or extracurricular 
program or activity and reports directly to the superintendent, principal, athletic director or 
other school administrator in a public school within the jurisdiction of the school board to 
which the member is elected or in a contract high school or academy located within a 
supervisory union in which the member is a representative on the school committee.  
Volunteer activities of a member of a school board or member's spouse, other than in roles 
that are prohibited by this subsection, may be prescribed by policies developed and 
approved by the school board of the school administrative unit.  The school administrative 
unit's written policy on nepotism under subsection 2 must discourage favoritism and 
political patronage, consider the needs of the school system and permit voluntary 
placements, with all qualified applicants having fair and equal opportunity to be selected 
on merit and with priority consideration given to the best interest of students, and may not 
include unnecessary restrictions based solely on family association.
SUMMARY
Current law prohibits school board members and their spouses from participation in a 
school activity, whether as a volunteer or for payment.  This bill limits that prohibition to 
board members only and requires for paid positions that a summation of potential conflicts 
of interest be documented and a priori mitigations be described in the signed contract.  It 
also requires for both paid and volunteer positions a written policy on nepotism that 
discourages favoritism and provides that all qualified applicants have fair and equal 
opportunity to be selected on merit and with priority consideration given to the best interest 
of students.  The written policy on nepotism may not include unnecessary restrictions based 
solely on family association.