reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS › Subchapter 1: STUDENT RECORDS › 20-A §6002. Record of birth

§6002. Record of birth
The following provisions apply to a student's first enrollment.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
1.  Duty of students.
Students who enroll for the first time in a public school shall provide their teachers with official records of birth within 60 days of enrollment.
[PL 1981, c. 693, §§ 5, 8 (NEW).]
2.  Duty of parent or guardian.
The following provisions apply to the duties of a parent or guardian.
A. A parent or guardian of a student who enrolls shall provide that student with an official record of birth.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
B. A parent who refuses or unreasonably neglects to comply with paragraph A shall be fined not more than $5.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
[PL 1981, c. 693, §§ 5, 8 (NEW).]
3.  Duties of teachers, superintendents and other public officials.
The following are duties of teachers, superintendents and other public officials.
A. A teacher shall inform the superintendent of the school administrative unit of the name of any student who has not complied with subsection 1.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
B. A superintendent shall inform the State Registrar of Vital Statistics of the name of a student who has not complied with subsection 1 and the name and address of the parent of that student.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
C. The State Registrar of Vital Statistics shall file a complaint with the nearest District Court whenever the registrar believes that a parent has not complied with subsection 2.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
D. The State Registrar of Vital Statistics shall provide file copies of any relevant records in the registrar's possession on the request of a parent of a student.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
[PL 1981, c. 693, §§ 5, 8 (NEW).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS › Subchapter 1: STUDENT RECORDS › 20-A §6003. Student attendance records

§6003. Student attendance records
1.  Duty of school board.
A school board shall designate one or more persons to maintain accurate records of all students attending public schools in the unit.
[PL 1981, c. 693, §§ 5, 8 (NEW).]
2.  Contents.
The attendance records shall contain the following information on each student:
A. Name;   [PL 1981, c. 693, §§ 5, 8 (NEW).]
B. Birth date;   [PL 1981, c. 693, §§ 5, 8 (NEW).]
C. Dates of entering and leaving school in the unit;   [PL 1981, c. 693, §§ 5, 8 (NEW).]
D. The number of days attended; and   [PL 1981, c. 693, §§ 5, 8 (NEW).]
E. The number of times late for school.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
[PL 1981, c. 693, §§ 5, 8 (NEW).]
3.  Access.
Attendance records shall be made available to the school board at any time.
[PL 1981, c. 693, §§ 5, 8 (NEW).]
4.  Duty of record keeper.
The record keeper shall provide the school board with the information they request whenever they request it.
[PL 1981, c. 693, §§ 5, 8 (NEW).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS › Subchapter 1: STUDENT RECORDS › 20-A §6004. Student counts

§6004. Student counts
The following provisions apply to the annual counting of students.   [PL 1981, c. 693, §§5, 8 (NEW).]
1.  Duty of superintendent.
In accordance with time schedules established by the commissioner, the superintendent of each school administrative unit and the administrator of each private school shall inform the commissioner, in the format specified by and with the content required by the commissioner, of the number of students attending their schools and in the case of public schools the number of students residing in their school administrative unit. This information must be supplied on forms provided by the commissioner.
[PL 2011, c. 171, §9 (AMD).]
2.  Student count.
Students must be counted as follows.
A. A student residing in the school administrative unit may be considered in attendance on October 1st and April 1st if the student is attending school on that date. A student must be counted as a resident if the student meets the residence requirement of chapter 213 and must be counted for subsidy if the student meets the definition of "subsidizable pupils" under section 15672, subsection 32.
Excused absences and absences due to illness may not be considered absences under this subsection.   [PL 2011, c. 171, §9 (AMD).]
B. Students who attend school under section 5205, subsections 2, 3‑A, 4, 5 and 6 must be counted in the school administrative unit in which they attend school.   [PL 2009, c. 508, §2 (AMD).]
C. [PL 1989, c. 534, Pt. E, §2 (NEW); PL 1989, c. 596, Pt. E, §1 (RP).]
D. Private schools may report privately funded students on October 1st. All publicly funded students must be reported on October 1st and April 1st in the specified format and with the specific content and in accordance with the time schedules established by the commissioner.   [PL 2011, c. 171, §9 (NEW).]
[PL 2011, c. 171, §9 (AMD).]
3.  Online learning program.
[PL 2011, c. 353, §4 (NEW); MRSA T. 20-A §6004, sub-§3 (RP).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 806, §59 (AMD). PL 1983, c. 862, §57 (AMD). PL 1989, c. 534, §E2 (AMD). PL 1989, c. 596, §E1 (AMD). PL 2009, c. 508, §2 (AMD). PL 2011, c. 171, §9 (AMD). PL 2011, c. 353, §4 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS › Subchapter 1: STUDENT RECORDS › 20-A §6005. Maine Statewide Longitudinal Data System

§6005. Maine Statewide Longitudinal Data System
The department shall develop and maintain the Maine Statewide Longitudinal Data System, a continuing program of information management, the purpose of which is to compile, maintain and disseminate information concerning the educational histories, placement, employment and other measures of success of participants in state educational programs.   [PL 2011, c. 223, §1 (AMD).]
1.  Placement information.
A project conducted by the department that requires placement information must use information provided through the Maine Statewide Longitudinal Data System. The department shall implement an automated system that matches former participants in state educational and training programs with information in the files of state and federal agencies that maintain educational, employment and United States armed services records and shall implement procedures to identify the occupations of those former participants.
[PL 2011, c. 223, §1 (AMD).]
2.  Dissemination of education records.
The Maine Statewide Longitudinal Data System may not make public any information that could identify an individual or the individual's employer. The department must ensure that the purpose of obtaining placement information is to evaluate and improve education programs or to conduct research for the purpose of improving education services. Education records must be managed in compliance with the federal Family Educational Rights and Privacy Act of 1974, 20 United States Code, Section 1232g, referred to in this section as "FERPA." Personally identifiable information in an education record that is not directory information may be released to other agencies within State Government, including postsecondary institutions, only under a signed memorandum of understanding requiring compliance with FERPA.
[PL 2009, c. 448, §1 (NEW).]
3.  Notification and consent.
[PL 2011, c. 223, §1 (RP).]
SECTION HISTORY
PL 2009, c. 448, §1 (NEW). PL 2011, c. 223, §1 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS › Subchapter 2: AUDITS › 20-A §6052. Federal audits

§6052. Federal audits
The following provisions apply to federal audits.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
1.
A school board of a school administrative unit which accepts federal funds shall hire auditors and pay out of available school funds or from federally allocated sums for any audit of federal programs.
[PL 1981, c. 693, §§ 5, 8 (NEW).]
2.  Report to commissioner.
The auditor shall provide the commissioner with a copy of the audit.
[PL 1981, c. 693, §§ 5, 8 (NEW).]
3.  Use of audit.
The commissioner may use these audits to provide the Federal Government with any information it requires.
[PL 1981, c. 693, §§ 5, 8 (NEW).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS › Subchapter 3: EMPLOYEE AND APPLICANT RECORDS › 20-A §6102. Employee review

§6102. Employee review
The following provisions apply to employee review of records.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
1.  Right to review.
An employee or former employee of a school administrative unit, or the employee's representative, is entitled to review the following documents and reports:
A. The employee's teacher action plan and other support system documents and reports maintained for certification purposes upon written request to the custodian designated to maintain those records;   [PL 1987, c. 620, §3 (NEW).]
B. The employee's personnel file on written request to the superintendent if the superintendent of schools has a personnel file for the employee; and   [PL 1987, c. 620, §3 (NEW).]
C. Any confidential records or documents provided to the commissioner pursuant to section 6101, subsection 3, if the records or documents were not simultaneously provided to the employee.   [PL 1987, c. 620, §3 (NEW).]
[PL 1987, c. 620, §3 (AMD).]
2.  Time and place.
Review of support system documents or a personnel file shall take place where the file is kept during normal school hours.
[PL 1987, c. 620, §3 (AMD).]
3.  Contents.
For purposes of this section, a "personnel file" includes, but is not limited to:
A. Formal or informal employee work evaluation compiled and maintained for employment purposes; and   [PL 1987, c. 620, §3 (AMD).]
B. Reports relating to the employee's character, credit, work habits, compensation and benefits.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
[PL 1987, c. 620, §3 (AMD).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1987, c. 620, §3 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS › Subchapter 4: MISCELLANEOUS › 20-A §6151. Annual report

§6151. Annual report
The following provisions apply to annual reports.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
1.  Duty of superintendent.
The superintendent under oath shall, on or before the date established by the commissioner, make an annual report to the commissioner. The report shall contain a full and complete return of all educational statistics required to be reported for the year ending June 30th.
[PL 1983, c. 859, Pt. A, §§ 21, 25 (AMD).]
2.  Penalty.
A school administrative unit whose superintendent fails to make the report shall be subject to the penalties of section 6801‑A.
[PL 1989, c. 414, §7 (AMD).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 859, §§A21,A25 (AMD). PL 1989, c. 414, §7 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS › Subchapter 4: MISCELLANEOUS › 20-A §6152. Rules

§6152. Rules
The commissioner shall adopt rules, consistent with federal and state laws, to carry out this subchapter which are consistent with federal and state requirements.   [PL 1989, c. 414, §8 (AMD).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 859, §§A22,A25 (AMD). PL 1989, c. 414, §8 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6201. Legislative intent

§6201. Legislative intent
The Legislature finds that all students graduating from high school must be prepared for success in postsecondary education, careers and citizenship and that a statewide educational assessment program must be implemented.   [PL 2009, c. 313, §19 (AMD).]
There is a need for assessment information at both state and local levels to measure progress and ensure accountability regarding the implementation of the parameters for essential instruction and graduation requirements under section 6209 and in the department rules implementing that section and other curricular requirements. This must be accomplished through assessments to determine what each student knows and is able to demonstrate regarding the parameters for essential instruction and graduation requirements.   [PL 2009, c. 313, §19 (AMD).]
The assessment system must have the following objectives:   [PL 2009, c. 313, §19 (AMD).]
1.  Statewide assessment.
To provide information on the academic achievement and progress of Maine students;
[PL 1983, c. 859, Pt. D, §§3, 4 (NEW).]
2.  State goals.
To establish a process for a continuing evaluation of the system of learning results established in section 6209 and to aid in the development of educational policies, standards and programs;
[PL 2001, c. 454, §28 (AMD).]
3.  Local programs.
To provide school officials with information to assess the quality, effectiveness and appropriateness of educational materials and methods and curriculum needs, including remediation, interventions and enrichment in their schools;
[PL 2009, c. 313, §19 (AMD).]
4.  Individual students.
To provide school staffs with information about the individual students that may be used, with other information, to meet individual and education needs of the student. The statewide assessment program may not be the only criteria for judging student performance;
[PL 2009, c. 313, §19 (AMD).]
5.  Trends.
To identify year-to-year trends in student achievement; and
[PL 1983, c. 859, Pt. D, §§3, 4 (NEW).]
6.  Parents.
To provide parents with information about the achievements of their children.
[PL 2009, c. 313, §19 (AMD).]
SECTION HISTORY
PL 1983, c. 859, §§D3,D4 (NEW). PL 2001, c. 454, §§27,28 (AMD). PL 2009, c. 313, §19 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6202. State assessment program established; content

§6202. State assessment program established; content
The commissioner shall establish a statewide assessment program to measure and evaluate on a continuing basis the academic achievements of students in grades 3 to 12 on the accountability standards set forth in section 6209 and in department rules implementing that section and other curricular requirements. The commissioner may elect to provide for the use of alternative measures of student achievement in grades 9 to 12. This assessment applies to students in the public elementary and secondary schools, in public charter schools, as that term is defined in section 2401, subsection 9, and in all private schools approved for tuition whose school enrollments include at least 60% publicly funded students, as determined by the previous school year's October and April average enrollment. The assessment program must be adapted to meet the needs of children with disabilities as defined in section 7001, subsection 1‑A or other students as defined under rules by the commissioner. The assessment program may not include the use of the standardized test known as "the SAT" as a method for assessing student performance.   [PL 2021, c. 462, §1 (AMD).]
1.  Assessment in basic subjects.
[PL 2001, c. 454, §29 (RP).]
1-A.  Interpretation.
The statewide assessment program results may be interpreted in a manner that takes into account the particular role within a school administrative unit of regional special education or regional alternative education programs or schools approved by the commissioner in accordance with section 7253. For these programs or schools, the results may be interpreted by assigning the student and the scores of the student to the school in the community where the student resides. The commissioner shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2017, c. 284, Pt. VVVVV, §8 (AMD); PL 2017, c. 284, Pt. VVVVV, §14 (AFF).]
2.  Additional subjects.
[PL 2001, c. 454, §29 (RP).]
SECTION HISTORY
PL 1983, c. 859, §§D3,D4 (NEW). PL 1985, c. 797, §37 (AMD). PL 2001, c. 454, §29 (AMD). PL 2005, c. 118, §1 (AMD). PL 2005, c. 446, §3 (AMD). PL 2005, c. 662, §A13 (AMD). PL 2009, c. 154, §3 (AMD). PL 2009, c. 313, §20 (AMD). PL 2015, c. 40, §4 (AMD). PL 2017, c. 284, Pt. VVVVV, §8 (AMD). PL 2017, c. 284, Pt. VVVVV, §14 (AFF). PL 2021, c. 462, §1 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6202-A. Local assessment system established; content (REPEALED)

§6202-A. Local assessment system established; content
(REPEALED)
SECTION HISTORY
PL 2001, c. 454, §30 (NEW). PL 2003, c. 712, §2 (AMD). PL 2005, c. 446, §4 (AMD). PL 2005, c. 593, §§1,2 (AMD). PL 2007, c. 259, §2 (RP).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6202-B. Multiple measures of student achievement

§6202-B. Multiple measures of student achievement
Each school administrative unit shall use multiple assessment methods to measure student achievement of the learning results set forth in section 6209 and in department rules implementing that section and other curricular requirements established in section 6209 to inform instruction and ensure students are making progress toward achieving the learning results set forth in section 6209 and in department rules implementing that section, other curricular requirements and the requirements of a common core course of study.   [PL 2007, c. 259, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 259, §3 (NEW).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6203. Implementation (REPEALED)

§6203. Implementation
(REPEALED)
SECTION HISTORY
PL 1983, c. 859, §§D3,D4 (NEW). PL 1985, c. 295, §29 (AMD). PL 1993, c. 252, §D2 (RP).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6204. Reports

§6204. Reports
1.  State profile report.
The commissioner shall annually report the results of the state assessment program with regard to the general performance profile of the students of the state's elementary and secondary schools.
A. When a report is made under this subsection for purposes of comparative analysis, the reporting mechanisms and the categories reported shall be uniform for each school.   [PL 1987, c. 662, §1 (NEW).]
[PL 1987, c. 662, §1 (AMD).]
2.  School profile reports.
The commissioner shall also provide each participating school with a profile of student achievement based upon data from the assessment program.
A. Every profile provided under this subsection shall use reporting mechanisms and categories which are uniform for each school.   [PL 1987, c. 662, §2 (NEW).]
[PL 1987, c. 662, §2 (AMD).]
3.  Teacher evaluation.
[PL 2009, c. 646, §1 (RP).]
SECTION HISTORY
PL 1983, c. 859, Pt. D, §§3, 4 (NEW). PL 1987, c. 662, §§1, 2 (AMD). PL 2009, c. 646, §1 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6205. Assessment data

§6205. Assessment data
The department shall provide each school with assessment data on individual students. Such assessment data shall become part of the student's educational record and shall be made available to the parents of each student or student of majority age in accordance with local school policies. It shall be held confidential from unauthorized persons in accordance with the confidentiality provisions of this Title and federal law.   [PL 1983, c. 859, Pt. D, §§ 3, 4 (NEW).]
SECTION HISTORY
PL 1983, c. 859, §§D3,D4 (NEW).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6206. Educational costs

§6206. Educational costs
Costs relating to the development of the state assessment program, printing, distribution, analysis and dissemination of results for each school administrative unit shall be paid by the department.   [PL 1983, c. 859, Pt. D, §§ 3, 4 (NEW).]
SECTION HISTORY
PL 1983, c. 859, §§D3,D4 (NEW).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6207. Optional participation

§6207. Optional participation
Private schools approved for attendance purposes may participate in the assessment program, with the approval of the commissioner and upon payment of a fee established by the commissioner. The fee shall reflect the actual cost of the assessment.   [PL 1983, c. 859, Pt. D, §§ 3, 4 (NEW).]
SECTION HISTORY
PL 1983, c. 859, §§D3,D4 (NEW).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6208. Legislative intent

§6208. Legislative intent
The Legislature finds that because all children can learn at significantly higher levels, it is essential that the Legislature, the State Board of Education, the Department of Education, school administrative units, educators and parents provide children with schools that reflect high expectations and create conditions where these expectations can be met. Through a shared sense of accountability and a cooperative spirit among State Government, school administrative units, educators, parents, business persons, and the community, school administrative units and educators can develop and teach to high standards that will enable students to become productive and fulfilled members of society. The Legislature further finds that the system of learning results set forth in section 6209 and in department rules implementing that section and other curricular requirements will serve as a foundation for education reform, will promote assessment of student learning, will reinforce accountability and will encourage equity. The Legislature, therefore, encourages the State Board of Education, the Department of Education and school administrative units to employ a high degree of creativity in developing content standards and performance indicators and to explore a wide range of programs and options so that the standards adopted will reflect the highest possible expectations and assessments will be of the highest possible quality. The ultimate goal and intent of the Legislature is to ensure that the State's schools will enable today's students to gain the knowledge and skills necessary for postsecondary education, career and citizenship.   [PL 2007, c. 259, §4 (AMD).]
SECTION HISTORY
PL 1995, c. 649, §1 (NEW). PL 2007, c. 259, §4 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6209-A. State validation (REPEALED)

§6209-A. State validation
(REPEALED)
SECTION HISTORY
PL 2005, c. 446, §5 (NEW). PL 2007, c. 259, §6 (AMD). PL 2013, c. 506, §14 (RP).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6210. School assistance

§6210. School assistance
The commissioner shall provide assistance to a school administrative unit when student performance in a school in the school administrative unit, or when a review of the comprehensive education plan conducted under section 4504, subsection 2, indicates that assistance is needed. This assistance must be based on a thorough review of the comprehensive education plan, as required in section 4502, subsection 1, and the evidence of student performance provided by the school administrative unit's local assessment system. This may include assignment of an assistance team by the commissioner to work with the school administrative unit over a period of not less than one year.   [PL 2007, c. 259, §7 (AMD).]
SECTION HISTORY
PL 2001, c. 454, §33 (NEW). PL 2005, c. 446, §6 (AMD). PL 2007, c. 259, §7 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6211. Rulemaking

§6211. Rulemaking
The commissioner shall develop rules to accomplish the purposes of this chapter. Rules adopted by the commissioner under this chapter must include guidelines and protocols to strengthen the capacity of school administrative units to ensure sufficient opportunity through multiple pathways for all students to achieve proficiency in meeting the state standards and guiding principles under the system of learning results established pursuant to section 6209. Rules adopted pursuant to this chapter are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2015, c. 489, §7 (AMD).]
SECTION HISTORY
PL 2001, c. 454, §33 (NEW). PL 2015, c. 489, §7 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 222: STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE › 20-A §6212. Innovative, autonomous public schools

§6212. Innovative, autonomous public schools
A school administrative unit may establish and operate an innovative, autonomous public school. The school board may approve an instruction design, a school calendar, a staff selection process and a method for assessing professional development to be used in an innovative, autonomous public school that exceed or differ from, but do not conflict with, applicable statutory and regulatory requirements. The school board shall propose, receive and allocate funding for an innovative, autonomous public school as part of the budget process for that school administrative unit in accordance with this Title. A school board may request waivers as necessary to implement an instructional model and associated curriculum that meet the standards of this section for innovation and autonomy.   [PL 2009, c. 616, §1 (NEW).]
1.  Open enrollment.
Any resident student in a school administrative unit is eligible to request enrollment in an innovative, autonomous public school. Enrollment may not be limited to a target population of students. A school board shall establish a method for selecting students when requests for enrollment exceed capacity. A school board may establish a process for determining the maximum enrollment from each municipality in the school administrative unit.
[PL 2009, c. 616, §1 (NEW).]
2.  More accountability for student achievement.
An innovative, autonomous public school must demonstrate a system for accountability for student achievement that exceeds, but is not in conflict with, the State's accountability standards and the State's assessment system.
[PL 2009, c. 616, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 616, §1 (NEW).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 1: STUDENT HEALTH › 20-A §6301. Student health

§6301. Student health
The following provisions apply to student health.   [PL 1981, c. 693, §§5, 8 (NEW).]
1.  Duty of teacher.
A teacher who has reason to believe that a student is a public health threat as a result of having a communicable disease of the skin, mouth or eyes shall inform the superintendent.
[PL 2017, c. 381, §5 (AMD).]
2.  Duty of superintendent.
A superintendent informed by a teacher under subsection 1 may:
A. Inform the student's parent:
(1) To cleanse the clothing and body of the student; and
(2) To furnish the student with the required home or medical treatment for the relief of the student's trouble so defined in subsection 1;   [RR 2017, c. 2, §3 (COR).]
B. Exclude the student from the public schools until the student is no longer a public health threat;   [PL 2017, c. 381, §6 (AMD).]
C. Exclude the student from public school as soon as safe and proper transportation home is available; and   [PL 2017, c. 381, §6 (AMD).]
D. Consult with the school nurse.   [PL 2017, c. 381, §6 (NEW).]
[RR 2017, c. 2, §3 (COR).]
3.  Duty of parent.
A parent informed by a superintendent under subsection 2 shall promptly do what is reasonably necessary to ensure that the student is not a public health threat.
[PL 2017, c. 381, §7 (AMD).]
4.  Penalty.
Any parent who fails to comply with subsection 3 shall be fined not more than $5 for the first offense or $10 for subsequent offenses.
[PL 1981, c. 693, §§5, 8 (NEW).]
5.  Exclusion.
[PL 1983, c. 661, §5 (RP).]
5-A.  Notification.
The superintendent shall cause notice of the communicable disease to be given to the Department of Health and Human Services, in accordance with the requirements of Title 22, chapters 250 and 251, and rules issued under those chapters.
[PL 2007, c. 598, §1 (AMD).]
6.  Authority and duties of the Department of Health and Human Services.
The Department of Health and Human Services has the authority and duties prescribed in Title 22, chapters 250 and 251 with respect to the control of notifiable diseases and conditions and communicable diseases.
[PL 2007, c. 598, §2 (AMD).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 661, §§3-6 (AMD). PL 1989, c. 414, §§9,10 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 598, §§1, 2 (AMD). PL 2017, c. 381, §§5-7 (AMD). RR 2017, c. 2, §3 (COR).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 1: STUDENT HEALTH › 20-A §6302. School building ventilation

§6302. School building ventilation
1.  Applicability.
This section applies to school buildings subject to basic school approval under section 4502 in which the heating, ventilation and air-conditioning system is mechanically driven.
[PL 1991, c. 181, §2 (NEW).]
2.  Operation.
Each school administrative unit shall ensure that the heating, ventilation and air-conditioning system is:
A. Maintained and operated to provide at least the quantity of outdoor air required by the state building standards code in effect at the time the building permit was issued or the heating, ventilation and air-conditioning system was installed, whichever is later; and   [PL 1991, c. 181, §2 (NEW).]
B. Operated continuously during school activity hours except:
(1) During scheduled maintenance and emergency repairs; and
(2) During periods for which school officials can demonstrate to the commissioner's satisfaction that the quantity of outdoor air supplied by an air supply system that is not mechanically driven and by infiltration meets the outdoor air supply rate required by paragraph A.   [PL 1991, c. 181, §2 (NEW).]
[PL 1991, c. 181, §2 (NEW).]
3.  Inspection and record.
Each school administrative unit is responsible for:
A. Inspection of the heating, ventilation and air-conditioning system at least annually and correction of any problems within a reasonable time; and   [PL 1991, c. 181, §2 (NEW).]
B. Maintaining written records of heating, ventilation and air-conditioning system inspection and maintenance for at least 5 years. The superintendent shall make these records available for examination upon request.   [PL 1991, c. 181, §2 (NEW).]
[PL 1991, c. 181, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 181, §2 (NEW).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 1: STUDENT HEALTH › 20-A §6303. Medicaid for health and human services

§6303. Medicaid for health and human services
A school administrative unit may receive funds from the Medicaid program pursuant to the United States Social Security Act, 42 United States Code, for the provision of preventive health, health, habilitation, rehabilitation and social services to eligible students.   [PL 2005, c. 2, Pt. D, §19 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
SECTION HISTORY
PL 1995, c. 427, §1 (NEW). PL 2005, c. 2, §D19 (AMD). PL 2005, c. 2, §§D72,74 (AFF). PL 2005, c. 12, §WW18 (AFF).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 1: STUDENT HEALTH › 20-A §6304. Automated external defibrillators and cardiopulmonary resuscitation

§6304. Automated external defibrillators and cardiopulmonary resuscitation
School boards may place automated external defibrillators in occupied school buildings and at school athletic events. School personnel and members of the public may receive training on how to perform cardiopulmonary resuscitation and use automated external defibrillators in order to acquire the skills and confidence to respond to emergencies. In accordance with rules adopted by the department, public schools shall offer training to students on how to perform cardiopulmonary resuscitation and use automated external defibrillators. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2015, c. 140, §1 (AMD).]
SECTION HISTORY
PL 2007, c. 267, §1 (NEW). PL 2015, c. 140, §1 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 1: STUDENT HEALTH › 20-A §6306. Eligibility to attend school

§6306. Eligibility to attend school
A child who holds a written certification for the medical use of cannabis under Title 22, section 2423‑B may not be denied eligibility to attend school solely because the child requires medical cannabis in a nonsmokeable form as a reasonable accommodation necessary for the child to attend school.   [PL 2015, c. 369, §1 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2015, c. 369, §1 (NEW). PL 2021, c. 669, §5 (REV).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 1: STUDENT HEALTH › 20-A §6307-A. Naloxone hydrochloride administration instruction

§6307-A. Naloxone hydrochloride administration instruction
In accordance with rules adopted by the department, a public school shall offer training to secondary students on how to administer naloxone hydrochloride, as defined in section 6307, subsection 1, paragraph C, in nasal spray form. The rules adopted by the department under this section must provide that the training is an extracurricular instruction, that instruction is delivered by a qualified individual and that the standards for instruction are based on those of a nationally recognized program, organization or agency. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2023, c. 460, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 460, §1 (NEW).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 2: IMMUNIZATION › 20-A §6351. Immunization (REPEALED)

§6351. Immunization
(REPEALED)
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 661, §7 (RP). PL 1983, c. 806, §61 (AMD). PL 1983, c. 862, §59 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 2: IMMUNIZATION › 20-A §6352. Immunization

§6352. Immunization
To assure a safe and healthful school environment, the Legislature intends that the provisions of this subchapter on immunization shall apply in the schools of the State.   [PL 1983, c. 661, §8 (NEW).]
SECTION HISTORY
PL 1983, c. 661, §8 (NEW).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 2: IMMUNIZATION › 20-A §6353. Definitions

§6353. Definitions
As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1983, c. 661, §8 (NEW).]
1.  Certificate of immunization.
"Certificate of immunization" means a written statement from a physician, nurse or health official who has administered an immunizing agent to a child, specifying the dosage administered and the date it was administered.
[PL 1983, c. 661, §8 (NEW).]
2.  Child.
"Child" means and includes every child entering school.
[PL 1983, c. 661, §8 (NEW).]
3.  Disease.
"Disease" means those conditions that are preventable by immunizing agent, as specified in rules.
[PL 2001, c. 326, §1 (AMD).]
4.  Immunizing agent.
"Immunizing agent" means a vaccine, antitoxin or other substances used to increase an individual's immunity to a disease.
[PL 1983, c. 661, §8 (NEW).]
5.  Parent.
"Parent" means a child's parent, legal guardian or custodian. A person shall be regarded as a child's custodian if that person is an adult and has assumed legal charge and care of the child.
[PL 1983, c. 661, §8 (NEW).]
6.  Public health official.
"Public health official" means a local health officer, the Director of the Bureau of Health, Department of Health and Human Services, or any designated employee or agent of the Department of Health and Human Services.
[PL 1983, c. 661, §8 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
7.  School.
"School" means any public or private elementary or secondary school in the State.
[PL 1983, c. 661, §8 (NEW).]
8.  Superintendent.
"Superintendent" means the superintendent of schools of a school administrative unit, or a person designated by the superintendent, and the chief administrative officer of a private school.
[PL 1983, c. 661, §8 (NEW).]
SECTION HISTORY
PL 1983, c. 661, §8 (NEW). PL 2001, c. 326, §1 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 2: IMMUNIZATION › 20-A §6354. Immunization

§6354. Immunization
1.  Immunization required.
Except as otherwise provided under this subchapter, every parent shall cause to be administered to that parent's child an adequate dosage of an immunizing agent against each disease.
[RR 2019, c. 2, Pt. B, §18 (COR).]
2.  Immunizing agent to meet standards.
Any such immunizing agent shall meet standards for such biological products, approved by the United States Public Health Service and the dosage requirement specified by the Department of Health and Human Services.
[PL 1983, c. 661, §8 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1983, c. 661, §8 (NEW). PL 2003, c. 689, §B6 (REV). RR 2019, c. 2, Pt. B, §18 (COR).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 2: IMMUNIZATION › 20-A §6355. Enrollment in school

§6355. Enrollment in school
A superintendent may not permit any child to be enrolled in or to attend school without a certificate of immunization for each disease or other acceptable evidence of required immunization or immunity against the disease, except as follows.   [PL 2001, c. 326, §2 (AMD).]
1.  Written assurance.
The parent provides a written assurance the child will be immunized within 90 days by private effort or provides, where applicable, a written consent to the child's immunization by a health officer, physician, nurse or other authorized person in public or private employ.
[PL 1983, c. 661, §8 (NEW).]
2.  Medical exemption.
The parent or the child provides a written statement from a licensed physician, nurse practitioner or physician assistant that, in the licensed physician's, nurse practitioner's or physician assistant's professional judgment, immunization against one or more of the diseases may be medically inadvisable.
[PL 2019, c. 154, §1 (AMD).]
3.  Philosophical or religious exemption.
[PL 2019, c. 154, §2 (RP); PL 2019, c. 154, §12 (AFF).]
4.  Student covered by individualized education plan.
A student covered by an individualized education plan on September 1, 2021 who elected a philosophical or religious exemption from immunization requirements on or before September 1, 2021 pursuant to the law in effect prior to that date may continue to attend school under that student's existing exemption as long as:
A. The parent or guardian of the student provides a statement from a licensed physician, nurse practitioner or physician assistant that the physician, nurse practitioner or physician assistant has consulted with that parent or guardian and has made that parent or guardian aware of the risks and benefits associated with the choice to immunize; or   [PL 2019, c. 154, §3 (NEW).]
B. If the student is 18 years of age or older, the student provides a statement from a licensed physician, nurse practitioner or physician assistant that the physician, nurse practitioner or physician assistant has consulted with that student and has made that student aware of the risks and benefits associated with the choice to immunize.   [PL 2019, c. 154, §3 (NEW).]
[PL 2019, c. 154, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 661, §8 (NEW). PL 2001, c. 326, §2 (AMD). PL 2019, c. 154, §§1-3 (AMD). PL 2019, c. 154, §12 (AFF).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 2: IMMUNIZATION › 20-A §6356. Exclusion from school

§6356. Exclusion from school
1.  Public health official action.
When a public health official has reason to believe that the continued presence in a school of a child who has not been immunized against one or more diseases presents a clear danger to the health of others, the public health official shall notify the Department of Health and Human Services, Maine Center for Disease Control and Prevention and the superintendent of the school. The superintendent shall cause the child to be excluded from school during the period of danger or until the child receives the necessary immunizing agent.
Whenever, as a result of this section, a child is absent from the public school for more than 10 days, the superintendent shall make arrangements to meet the educational needs of the child.
[PL 2007, c. 598, §3 (AMD).]
2.  Superintendent's action.
Notwithstanding the provisions of this subchapter on immunization against specified diseases, a superintendent may exclude from the public schools any child who is a public health threat, in accordance with section 6301, and the superintendent shall exclude from school any child or employee who has contracted or has been exposed to a communicable disease as directed by a physician after consultation with the Bureau of Health.
[PL 1989, c. 414, §11 (AMD).]
SECTION HISTORY
PL 1983, c. 661, §8 (NEW). PL 1989, c. 414, §11 (AMD). PL 2007, c. 598, §3 (AMD).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 2: IMMUNIZATION › 20-A §6357. Records; report

§6357. Records; report
1.  Record keeping.
Each superintendent shall keep uniform records of the immunizations and immunization status of each child based on the certificate of immunization, other acceptable evidence and other available documents. The records shall be part of the child's permanent education records. These records shall be confidential, except that state and local health personnel shall have access to them in connection with an emergency, as provided by the United States Family Educational Rights and Privacy Act of 1974, Public Law 93-380, United States Code, Title 20, Section 1232g(b) (1) (I) and regulations adopted under that Act.
[PL 1983, c. 661, §8 (NEW).]
2.  Annual report of immunization status.
By December 15th of each year, each superintendent shall submit to the Director of the Bureau of Health, Department of Health and Human Services, and to the commissioner a summary report of immunization status of the children entering school, as prescribed by rule.
[PL 1983, c. 661, §8 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1983, c. 661, §8 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 2: IMMUNIZATION › 20-A §6358. Rules; requirements; reports

§6358. Rules; requirements; reports
1.  Rules authorized.
The commissioner and the Director of the Maine Center for Disease Control and Prevention within the Department of Health and Human Services shall jointly issue rules necessary for the effective implementation of this subchapter, including, but not limited to, rules specifying those diseases for which immunization is required and establishing school record keeping and reporting requirements or guidelines and procedures for the exclusion of nonimmunized children from school. The rules may not include any provision governing medical exemptions. Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A except that rules adopted pursuant to this subchapter specifying the diseases for which immunization is required are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
[RR 2019, c. 1, Pt. A, §17 (COR).]
2.  Local requirements authorized.
Immunization requirements more stringent than the provisions of this subchapter may be adopted by ordinance enacted by a municipality, by regulation of a school board or by policy of a private school's governing board.
[PL 1983, c. 661, §8 (NEW).]
3.  Report.
By January 1st of each odd-numbered year, the Director of the Maine Center for Disease Control and Prevention within the Department of Health and Human Services shall submit a report to the joint standing committees of the Legislature having jurisdiction over health and human services matters and education matters concerning any new developments in the evaluation of vaccine safety and effectiveness. The joint standing committees of the Legislature having jurisdiction over health and human services matters and education matters are each authorized to submit a bill during the legislative session in which the report was submitted.
[PL 2019, c. 154, §4 (NEW).]
SECTION HISTORY
PL 1983, c. 661, §8 (NEW). PL 2001, c. 326, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2019, c. 154, §4 (AMD). RR 2019, c. 1, Pt. A, §17 (COR).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 3: SCHOOL HEALTH SERVICES › 20-A §6401. School Nurse Coordinator (REPEALED)

§6401. School Nurse Coordinator
(REPEALED)
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1985, c. 797, §38 (AMD). PL 1989, c. 700, §A49 (AMD). P&SL 1993, c. 67, §1 (AMD). PL 1995, c. 322, §6 (RP).
2023 Maine Revised Statutes › TITLE 20-A: EDUCATION › Part 3: ELEMENTARY AND SECONDARY EDUCATION › Chapter 223: HEALTH, NUTRITION AND SAFETY › Subchapter 3: SCHOOL HEALTH SERVICES › 20-A §6401-A. School nurse consultant position

§6401-A. School nurse consultant position
1.  Establishment.
The position of school nurse consultant is established within the department.
[PL 2017, c. 284, Pt. RRR, §1 (AMD).]
2.  Qualifications.
The school nurse consultant must be licensed as a registered professional nurse in the State and have a master's degree in nursing or a related field and experience in school health care or community nursing.
[PL 2011, c. 380, Pt. DD, §2 (NEW).]
SECTION HISTORY
PL 2011, c. 380, Pt. DD, §2 (NEW). PL 2017, c. 284, Pt. RRR, §1 (AMD).