20-A ME Rev Stat § 7407 (2021)
2021 Maine Revised Statutes|TITLE 20-A: EDUCATION|Part 4: SPECIFIC EDUCATION PROGRAMS|Subpart 1: SPECIAL EDUCATION|Chapter 304: MAINE EDUCATIONAL CENTER FOR THE DEAF AND HARD OF HEARING AND THE GOVERNOR BAXTER SCHOOL FOR THE DEAF|20-A §7407. Powers and duties of school board

 §7407. Powers and duties of school board The powers and duties of the school board include the following.   [PL 1995, c. 676, §5 (NEW); PL 1995, c. 676, §13 (AFF).]1.  Policies.  The school board shall develop and adopt policies and rules necessary for the operation of the school.   [PL 1995, c. 676, §5 (NEW); PL 1995, c. 676, §13 (AFF).] 2.  Selection of executive director.  The school board shall hire an executive director.   [PL 2011, c. 683, §6 (AMD).] 3.  Administration.  The school board shall oversee the administration of the center school and any satellite school, including the hiring of academic, residential, outreach and support staff of the center school.   [PL 1999, c. 775, §8 (AMD).] 3-A.  Employee retirement plan.  Employees of the school are state employees for purposes of Title 5, chapters 421 and 423, unless a decision is made pursuant to a collective bargaining agreement or is otherwise made consistent with applicable law other than Title 5, section 18201 to provide for retirement coverage in some way other than as state employees in the Maine Public Employees Retirement System regular retirement plan. The school board shall consult with the Executive Director of the Maine Public Employees Retirement System in proposing any change to the Maine Public Employees Retirement System retirement status of school employees. The school board shall provide certification to the Maine Public Employees Retirement System of any decision to provide retirement coverage in some way other than as state employees at least 60 days prior to any change in retirement coverage. Any decision that removes school employees from the definition of "state employee" as provided in Title 5, section 17001, subsection 40 is irrevocable unless changed by law.   [PL 2001, c. 239, §3 (NEW); PL 2001, c. 239, §5 (AFF); PL 2007, c. 58, §3 (REV).] 4.  Budget development.   [PL 1999, c. 775, §9 (RP); PL 1999, c. 775, §16 (AFF).] 4-A.  Budget development.  The school board shall, with the aid of the executive director and staff, prepare an annual budget for the operation of the school and exercise budgetary responsibility. The school board shall allocate for expenditure by the school and programs under its jurisdiction all the resources available for the operation of the school and its programs.   [PL 2011, c. 683, §7 (AMD).] 4-B.  Budget presentation.  Annually, not later than January 1st, in addition to complying with the provisions of Title 5, sections 1665 and 1666, the school board shall present the budget for the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf to the Governor and the Legislature for review by the commissioner and the joint standing committee of the Legislature having jurisdiction over education matters. Beginning for fiscal year 2013-14, the budget must be presented in a cost center summary budget format pursuant to section 1485, subsection 1, paragraph A and must include specific budget information, including revenues and expenditures, for the center school, the center preschool and statewide educational services or outreach. Revenue sources must include revenue received through state appropriation pursuant to section 7404, as well as fees and other revenues collected from school administrative units. The school board shall provide a detailed accounting of the fees and other revenue collected from each school administrative unit and the services provided to each unit. A liability or obligation may not be incurred under this chapter beyond the amount approved in the administrative operating budget. The school board may make expenditures only in accordance with allocations approved by the Legislature. Any balance of an allocation or subdivision of an allocation made by the Legislature for the school that at the time is not required for the purpose named in the allocation or subdivision may be transferred prior to the closing of the books for the fiscal year to any other allocation or subdivision of any allocation made by the Legislature for the use of the school for the same fiscal year. The transfer is subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Financial statements describing the transfer must be submitted by the school board to the Office of Fiscal and Program Review 30 days before the transfer is implemented. In case of extraordinary emergency transfers, the 30-day prior submission requirement may be waived by vote of the committee. These financial statements must include information specifying the accounts that are affected, the amounts to be transferred, a description of the transfer and a detailed explanation of the reason the transfer is needed.   [PL 2011, c. 683, §8 (NEW).] 5.  Financial management.  The school board may accept donations, bequests or other forms of financial assistance for any educational purpose from a public or private source and shall comply with rules and regulations governing grants from the Federal Government or from any other source.   [PL 1995, c. 676, §5 (NEW); PL 1995, c. 676, §13 (AFF).] 6.  Collection of fees.  The school board may charge service and rental fees for use of facilities of the school. Except as provided in subsections 12-A and 12-B, any funds received for service and rental fees must be retained by the school.   [PL 2017, c. 413, §1 (AMD).] 7.  Indemnification.  The school board shall indemnify the employees and other agents of the school and purchase and maintain insurance to indemnify those persons to the extent provided in Title 13-B, section 714. The school board may indemnify members of the school board.   [PL 1995, c. 676, §5 (NEW); PL 1995, c. 676, §13 (AFF).] 8.  Bonds.  The school board shall require security for the faithful performance of duties by employees and other agents of the school who are entrusted with the custody of the school securities or authorized to disburse the funds of the school. The security must consist of a bond, either a blanket bond or individual bond with a surety bond, or bonds having a minimum limitation of $100,000 coverage for each insured person. The expense of a bond is assumed by the school.   [PL 1995, c. 676, §5 (NEW); PL 1995, c. 676, §13 (AFF).] 9.  Property management.  The school board may acquire by purchase any property, lands, buildings, structures, facilities or equipment and make improvements to facilities necessary to fulfill the purposes of this chapter. The State retains ownership of Mackworth Island and the school facilities. Notwithstanding section 7403, the school board may make alternative plans regarding the location of the school.   [PL 1995, c. 676, §5 (NEW); PL 1995, c. 676, §13 (AFF).] 10.  Island access.  The school board shall consult annually with the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands on public access and management of that portion of Mackworth Island under the jurisdiction of that bureau.   [PL 1999, c. 775, §11 (AMD); PL 2011, c. 657, Pt. W, §§5, 7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] 11.  Certificates and diplomas.  The school board shall offer courses of study and grant diplomas and certificates on completion of courses of study. This granting of diplomas and certificates may be done in cooperation with the sending school.   [PL 1995, c. 676, §5 (NEW); PL 1995, c. 676, §13 (AFF).] 12.  Contracts and agreements.  The school board may enter into any contracts and agreements, to the extent that funds are available, in the execution of its powers under this chapter.   [PL 1995, c. 676, §5 (NEW); PL 1995, c. 676, §13 (AFF).] 12-A.  Lease of school property.  The Department of Administrative and Financial Services may enter into lease agreements consistent with the deed of gift from Governor Percival Baxter and in accordance with state law and policy on the lease of state-owned facilities, including but not limited to the provisions of Title 5, chapter 154. Any funds received pursuant to this subsection must first be applied in accordance with Title 5, section 1784. Any excess revenue above the requirements of Title 5, section 1784 may be retained by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf to be applied to statutorily authorized programs.   [PL 2005, c. 600, §2 (NEW).] 12-B.  Lease of school property to State's protection and advocacy agency.  The Department of Administrative and Financial Services may enter into lease agreements in accordance with state law and policy on the lease of state-owned facilities, including but not limited to the provisions of Title 5, chapter 154, to lease school property to the protection and advocacy agency for persons with disabilities designated pursuant to Title 5, section 19502. Any funds received pursuant to this subsection must first be applied in accordance with Title 5, section 1784. Any excess revenue above the requirements of Title 5, section 1784 may be retained by the school to be applied to statutorily authorized programs.   [PL 2017, c. 413, §2 (NEW).] 13.  Delegation.  The school board may delegate duties and responsibilities as necessary for the efficient operation of this chapter.   [PL 1995, c. 676, §5 (NEW); PL 1995, c. 676, §13 (AFF).] 14.  Criteria for enrollment.  The school board shall establish and disseminate to school administrative units the criteria to be used in determining eligibility of applicants for enrollment in the center school.   [PL 2011, c. 683, §9 (AMD).] 15.  Student conduct.  The school board shall prepare and adopt procedures and rules to ensure the smooth operation of student conduct standards.   [PL 1995, c. 676, §5 (NEW); PL 1995, c. 676, §13 (AFF).] 16.  Individualized education programs, standards and measurements.  The school board shall ensure that services required to meet the individualized education program for each student are provided by the school. The school board shall establish standards and methods of measuring progress in the levels of academic achievement for students who participate in the school in accordance with the statewide system of learning results established under section 6209. The school board shall also establish standards and methods of measuring progress in the professional development of teachers who participate in school programs. The school board shall assess students and teachers according to those standards and measurements.   [PL 1999, c. 775, §11 (AMD).] 17.  School programs.  The school board may create, maintain and expand center school programs and programs for children and families that may be served by the school at any satellite school, through statewide educational services and through the statewide resource center. For the 2000-01 and 2001-02 school years only, the residential program at the Governor Baxter School for the Deaf located on Mackworth Island is limited to enrolling up to 20 students who are deaf or hard-of-hearing. The superintendent may request that the commissioner approve a waiver of the residential enrollment limit and establish additional placements for students in the residential program at the Governor Baxter School for the Deaf located on Mackworth Island; the commissioner may approve those placements on a case-by-case basis and only if the individual education plan of the prospective student who is deaf or hard-of-hearing requires placement in a residential program. Beginning with the 2002-03 school year, the school board shall establish a satellite school program that offers an array of educational programs that provide students who are deaf or hard-of-hearing with geographically convenient access to placement options that may be required by their individualized education program.   [PL 2005, c. 279, §10 (AMD).] 18.  Fees and charges.  The school board shall establish and collect necessary fees and set policies relating to other appropriate charges for students. The school board shall annually submit a schedule of fees to be charged to school administrative units for each service provided by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf to the Governor. A detailed accounting of fees collected from each unit and the services provided, including statewide educational services or outreach, must be included in the presentation of the budget pursuant to subsection 4‑B.   [PL 2011, c. 683, §9 (AMD).] 19.  Report.  The school board shall report annually to the Governor, the joint standing committee of the Legislature having jurisdiction over education matters and the commissioner on the general status of the finances and operations of the school, including the center school programs and any satellite school programs, the status of the professional qualifications of the school board members and the results of the assessments required by subsection 16 and the general status of the school and shall provide an annual financial audit conducted by an independent auditor.   [PL 2009, c. 213, Pt. ZZ, §1 (AMD).] SECTION HISTORY PL 1995, c. 676, §5 (NEW). PL 1995, c. 676, §13 (AFF). PL 1999, c. 775, §§8-11 (AMD). PL 1999, c. 775, §16 (AFF). PL 1999, c. 790, §L1 (AMD). PL 1999, c. 790, §L2 (AFF). PL 2001, c. 239, §3 (AMD). PL 2001, c. 239, §5 (AFF). PL 2005, c. 279, §§9,10 (AMD). PL 2005, c. 600, §§1,2 (AMD). PL 2007, c. 58, §3 (REV). PL 2009, c. 213, Pt. ZZ, §1 (AMD). PL 2011, c. 657, Pt. W, §§5, 7 (REV). PL 2011, c. 683, §§6-9 (AMD). PL 2013, c. 405, Pt. A, §24 (REV). PL 2017, c. 413, §§1, 2 (AMD).