An Act to Strengthen Maine's Elementary and Secondary Education System by Clarifying Purposes and Procedures for Reviews of Schools
Maine Legislature, Session 131, LD 1420
Committee: Education and Cultural Affairs
Sponsors: MILLETT, HICKMAN, BRENNAN, DODGE, MURPHY, DAUGHTRY, PIERCE, RAFFERTY
Amends: 20-A MRSA §258-A, 20-A MRSA §2953, 20-A MRSA §2955, 20-A MRSA §4504

Legislative Document
No. 1420
H.P. 916
House of Representatives, March 30, 2023
An Act to Strengthen Maine's Elementary and Secondary Education 
System by Clarifying Purposes and Procedures for Reviews of 
Schools
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLETT of Cape Elizabeth.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: BRENNAN of Portland, DODGE of Belfast, MURPHY of Scarborough, 
Senators: DAUGHTRY of Cumberland, PIERCE of Cumberland, RAFFERTY of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §258-A, sub-§2, as enacted by PL 1983, c. 859, Pt. A, §§3, 
25, is amended to read:
2.  Periodic reviews.  The commissioner shall periodically review all public schools 
and all private schools which that receive public funds, to determine their compliance with 
the applicable provisions of this Title and the Maine Human Rights Act.
Sec. 2.  20-A MRSA §258-A, sub-§4, as enacted by PL 1983, c. 859, Pt. A, §§3, 
25, is amended to read:
4.  Private schools.  The commissioner may, as a condition of approval or in response 
to a complaint, inspect any private school which that applies for approval status.
Sec. 3.  20-A MRSA §2953, as amended by PL 2011, c. 171, §§5, 6, is further 
amended by amending the section headnote to read:
§2953.  Audit Special audit; comprehensive review
Sec. 4.  20-A MRSA §2953, sub-§3 is enacted to read:
3.  Comprehensive review.  The commissioner shall conduct a comprehensive review 
of a private school approved for tuition purposes as part of an inspection in accordance 
with section 258-A. The commissioner shall pool all private schools approved for tuition 
purposes, schools and school administrative units together and select from that pool at least 
at random every 2 years for comprehensive review to be conducted as described in this 
subsection. For selected private schools:
A.  The commissioner shall notify the private school approved for tuition purposes no 
later than 14 days before the date the review is to take place.  The notice must indicate 
the reason for the review, either as a result of random selection or in response to a 
complaint;
B.  On receipt of the notice described in paragraph A, the private school approved for 
tuition purposes shall ensure that the physical site of the school is available for 
inspection and make available to the commissioner documents related to:
(1)  A complaint;
(2)  The basic school approval standards under subchapter 1;
(3)  Compliance with the Maine Human Rights Act;
(4)  The statewide assessment program established under section 6202;
(5)  The implementation by the private school approved for tuition purposes of the 
system of learning results established in section 6209; and
(6)  Health and safety requirements; and
C.  The commissioner shall provide a private school approved for tuition purposes that 
is unable to demonstrate compliance with basic school approval standards or other 
requirements of this chapter with a corrective action plan.
Sec. 5.  20-A MRSA §2955, as amended by PL 2005, c. 153, §5, is further amended 
to read:
§2955.  Penalty for noncompliance
Private schools approved for tuition purposes that have not complied with this chapter 
or have not met the requirements of a corrective action plan provided under section 2953, 
subsection 3 may not receive tuition payments from any school administrative unit.
Sec. 6.  20-A MRSA §4504, sub-§1, as enacted by PL 1983, c. 859, Pt. A, §§20, 
25, is amended to read:
1.  Implementation.  The commissioner shall determine which schools and school 
administrative units are in compliance with the basic school approval standards, in 
accordance with the procedures of the basic school approval rules and the provisions of this 
Title and the Maine Human Rights Act.
Sec. 7.  20-A MRSA §4504, sub-§2, as amended by PL 2009, c. 313, §5, is repealed 
and the following enacted in its place:
2.  Comprehensive review.  The commissioner shall conduct a comprehensive review 
of a school or school administrative unit as part of an inspection in accordance with section 
258-A. The commissioner shall pool all private schools approved for tuition purposes, 
schools and school administrative units together and select from that pool at least 5 at 
random every 2 years for comprehensive review to be conducted as described in this 
subsection. For selected schools and school administrative units:
A.  The commissioner shall notify the school or school administrative unit no later than 
days before the date the review is to take place.  The notice must indicate the reason 
for the review, either as a result of random selection or in response to a complaint;
B.  On receipt of the notice described in paragraph A, the school or school 
administrative unit shall ensure that the physical site of the school or school 
administrative unit is available for inspection and make available to the commissioner 
documents related to:
(1)  A complaint;
(2)  The school approval standards under this subchapter;
(3)  Compliance with the Maine Human Rights Act;
(4)  The statewide assessment program established under section 6202;
(5)  The school's or school administrative unit's implementation of the system of 
learning results established in section 6209; and
(6)  Health and safety requirements; and
C.  The commissioner shall provide a school or administrative unit that is unable to 
demonstrate compliance with basic school approval standards under this chapter with 
a corrective action plan. If the school or school administrative unit does not meet the 
requirements of the corrective action plan, the commissioner may remove the school 
or school administrative unit's basic school approval.
Sec. 8.  20-A MRSA §4504, sub-§3, as enacted by PL 1983, c. 859, Pt. A, §§20, 
25, is amended to read:
3.  Rules Enforcement of rules.  Basic school approval rules shall must be adopted 
and enforced in accordance with section 6801‑A and the Maine Administrative Procedure 
Act, Title 5, chapter 375.
SUMMARY
This bill adds compliance with the Maine Human Rights Act to the standard of review 
of public and private schools, adds investigation of a complaint to the purposes for 
inspecting a private school and provides for a comprehensive review of public schools and 
school administrative units and private schools approved for tuition purposes.