Maine School Law 1

Compendium Project

School Law: Maine

Bruce Cooper

Module one, Legal Framework of Education

All searching needs to start somewhere, The Maine Department of Education is the

logical point as it has a wealth of information and links to various pertinent sites. These

sites range from technical/ data driven information to differentiation and school climate.

A great place to start a search and is updated constantly with the latest information.

Article VIII Section 1 of the Maine State Constitution states that the Legislature shall

require towns to support public school. “A general diffusion of the advantages of

education being essential to the preservation of the rights and liberties of the people; to

promote this important object, the Legislature are authorized, and it shall be their duty to

require, the several towns to make suitable provision, at their own expense, for the

support and maintenance of public schools.”

State statute/s that cover education in Maine

A wealth of information that is divided into 10 parts:

General Provisions – Title 20-A, Chapter 1: This section covers definitions, Policy on

public education, Administrative procedures, funding of state mandates for non-

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educational services, gender equity hearings, property disposal, education coordinating

committee, educational research institute and the science/technology/engineering council.

Chapter 3: Department of Education This has subchapters of the Department of

Administration and the Commissioner. This department conducts a variety of

educational research and reports to the Commissioner. The department

provides educational data, teacher certification, professional development

opportunities, learning standards and guidelines, and information regarding

educational initiatives.

Maine State Board of Education

The state board consists of 9 members and 2 nonvoting student members, one

junior and one senior in high school. The Governor appoints all members. The members

will elect one of their own to act as chairmen. This site presents a number of links to

further define the roles and duties of the State Board such as responsibilities, records,

powers, duties and rules.

Chapter 5 :State Board of Education You will find the responsibilities of the State

Board of Education, Organization, Records, Powers and Duties, and Rules.

The state board may advise the commissioner and the Legislature on matters

concerning state laws relating to public preschool to grade 12 and postsecondary

education.

Chapter 7: Compact for Education You will find subchapters covering the

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Compact itself and Administrative Provisions

Chapter 9: Public Broadcasting Consisting of subchapters, Advisory Committee on

Maine Public Broadcasting and; Gifts, Construction and Programming

Chapter 11: School Volunteer Program Short collection consisting of the department

staff, space and assistance

School Organization This covers the roles and duties of school boards and

superintendents. Multiple subsections covering appointments,

salary and powers.

Chapter 103: School Administrative Districts Containing Purpose, Organization, School

Directors, Financing, District Referendum, and Reorganization.

Chapter 103: Regional School Units With subchapters on General Provisions, Formation

of Regional School Units, Governance, and Financing

The remainder of the listings is found in the link on Education in Maine (subchapters)

They are as follows (copied from the site)

Chapter 105. COMMUNITY SCHOOL DISTRICT Subchapter 1. ORGANIZATION Subchapter 2. DISTRICT BOARD OF TRUSTEES AND DISTRICT SCHOOL COMMITTEE Subchapter 3. FINANCING Subchapter 4. REORGANIZATION

Chapter 107. SCHOOL UNIONS

Chapter 109. UNION SCHOOLS

Chapter 111. MUNICIPAL SCHOOLS

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Subchapter 1. SCHOOL COMMITTEE Subchapter 2. INCORPORATED SCHOOL DISTRICT

Chapter 112. PUBLIC CHARTER SCHOOLS

Chapter 113. SHARED SERVICE AGREEMENTS

Chapter 113-A. REGIONAL EDUCATION COOPERATIVES

Chapter 114. REGIONAL COLLABORATION

Chapter 114-A. FUND FOR THE EFFICIENT DELIVERY OF EDUCATIONAL

SERVICES

Chapter 115. CONTRACTS FOR SCHOOL PRIVILEGES

Chapter 117. PRIVATE SCHOOLS Subchapter 1. BASIC SCHOOL APPROVAL Subchapter 2. APPROVAL FOR THE RECEIPT OF PUBLIC FUNDS BY PRIVATE SCHOOLS

Subchapter 3. SPECIFIC EDUCATION PROGRAMS Subchapter 4. PRIVATE SCHOOLS SERVING NONRESIDENTS Subchapter 5. PUBLICLY SUPPORTED PRIVATE SECONDARY SCHOOL ADVISORY COUNCIL

Chapter 119. UNORGANIZED TERRITORY Subchapter 1. GENERAL PROVISIONS Subchapter 2. SCHOOL PRIVILEGES Subchapter 2-A. COMPULSORY SCHOOL ATTENDANCE Subchapter 3. COMMISSIONER'S POWERS Subchapter 4. FINANCING Subchapter 5. ORGANIZATION AND DEORGANIZATION

Chapter 121. MAINE-NEW HAMPSHIRE INTERSTATE SCHOOL COMPACT Article 1. GENERAL PROVISIONS Article 2. PROCEDURE FOR FORMATION OF AN INTERSTATE SCHOOL DISTRICT Article 3. POWERS OF INTERSTATE SCHOOL DISTRICTS

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Article 4. DISTRICT MEETINGS Article 5. OFFICERS Article 6. APPROPRIATION AND APPORTIONMENTArticle 7. BORROWINGArticle 8. TAKING OVER OF EXISTING PROPERTY Article 9. AMENDMENTS TO ARTICLES OF AGREEMENT Article 10. APPLICABILITY OF NEW HAMPSHIRE LAWS Article 11. APPLICABILITY OF MAINE LAWS Article 12. MISCELLANEOUS PROVISIONS

Elementary and Secondary Education : Covering such topics as facilities, books,

hazardous material, fencing, civil liability.

Specific Education i.e. (Special education, Applied Technology and Other Programs)

Post-Secondary Education

Teachers

School Finance

Rehabilitation Services

Learning Technology

Interstate Compact on Educational Opportunity for Military Children

Each of the parts has links to pertinent information and number over 50.

State of Maine Court System

State of Maine's Judicial Branch

From Traffic Court all the way to the States Supreme Court, this site has a

tremendous number of links and drop down menus that help you can find anything you

need regarding the Maine court system. The Citizens Help section of this site will help

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you find assistance and information about the Maine Judicial Branch. This information is

not legal advice.

U.S. Circuit Court of Appeal in which you reside

United States Court of Appeals for the First Circuit

Maine belongs to the First Circuit of the US Court of Appeals. The site has a

number of helpful links to assist you in finding the location of the court as well as the

court calendar. 18 choices are on the home page and they will get you to any information

about the working of this court.

Any state court cases or cases settled within your Circuit Court that contested

federal, state, or local control of education.

Bagley v. Raymond School Department

Maine requires all school districts to provide education to its residents from

kindergarten through twelfth grade. Those districts that do not have their own schools

must provide tuition to resident families for use in other schools, through the State's

education tuition program. In 1981, however, the Legislature made religious schools

ineligible for the program by amending the statute to provide that “A private secondary

school may be approved for the receipt of public funds for tuition purposes only if it is a

nonsectarian school in accordance with the First Amendment of the United States

Constitution.” The inclusion of religious schools in Maine's tuition program violated the

Establishment Clause of the United States Constitution.

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Instead, we are presented with the opposite question:  whether a tuition program that

specifically excludes religious schools violates any of three constitutional provisions:  the

Establishment Clause of the First Amendment;  the Free Exercise Clause of the First

Amendment;  or the Equal Protection Clause of the Fourteenth Amendment.

Module 2, Church – State Relations

Like most states, Maine has a section in the State Constitution covering the freedom of

religion. Article 1, Section 3 “All individuals have a natural and unalienable right to

worship Almighty God according to the dictates of their own consciences, and no person

shall be hurt, molested or restrained in that person's liberty or estate for worshipping God

in the manner and season most agreeable to the dictates of that person's own conscience,

nor for that person's religious professions or sentiments, provided that that person does

not disturb the public peace, nor obstruct others in their religious worship.”

Period of silence

“The school board of a school administrative unit may require, at the commencement of

the first class of each day in all grades in all public schools in their unit, that the teacher

in charge of the room in which each class is held shall announce that a period of silence

shall be observed for reflection or meditation, not for prayer, and during that period

silence shall be maintained and no activities engaged in.”

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Does Maine have a Blaine Amendment?

As a highly regarded congressman from the State of Maine, James Blaine proposed a

Constitutional Amendment banning the use of tax dollars for private parochial schools.

This Federal Constitutional Amendment did not pass, however many states adopted ones

similar to it. Oddly enough, his own State of Maine along with 10 others still do not have

such an Amendment. However, the courts have ruled in favor of suits brought against

school districts that have denied funding.

Circuit Court contest of church/state issue

See above; Bagley v. Raymond School Department

This case is discussed previously but it must be noted here that it does take on a Blaine

Amendment view.

Other items that were found.

Nonsectarian

According to Maine State law a nonsectarian school is accordance with the First

Amendment of the United States Constitution;

[ 1981, c. 693, §§5, 8 (NEW) .]

Module 3. Tort Liability

Corporal Punishment

The infliction of bodily pain as a penalty for disapproved behavior. Corporal punishment

as defined shall not be used in public education programs in the State of Maine. This

report highlights the many methods that can be used and to what extent they are

acceptable. Some of the items covered are Physical Restraint, Seclusion, Timeout and

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Physical Escort. This is a very helpful site to refer to in cases of major behavioral issues.

The State of Maine does not have any provisions allowing corporal punishment.

Maine has a Modified Comparative Negligence Law - 50% bar rule: this law operates on

the principle that if the victim is responsible for 49% or less of the damages they will be

compensated. If, however, it is decided that the victim contributed to 50% or more of

their own damages they will not be compensated.

Immunity

Safeguards for school personal regarding injuries and illness are common occurrences in

the school-aged population. Increasing enrollments of students with disabilities increases

the possibility of true medical emergencies in schools. The school has responsibility for

the safety and well-being of students and personnel during the hours of school

attendance, on school property, or during school sponsored activities.

Maine Revised Statute 14,

When discussing Tort Law, declares the following: “except as otherwise expressly

provided by statute, all governmental entities shall be immune from suit on any and all

tort claims seeking recovery of damages.” This includes teachers.

Child abuse and neglect

Child abuse and neglect statues are clearly cover in this site. It list all the adults that are

required by law to immediately report or cause a report to be made to the department of

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Health and Welfare when the person knows or has reasonable cause to suspect that a

child has been or is likely to be abused or neglected.

Tort mainelaw.maine.edu/academics/maine.../vol19_me_l_rev_111.pdf Very good case

involving the liability of building maintenance of the Portland Schools

Module 4, Student classification

School Finance

Mandated legislative appropriations for kindergarten to grade 12. In accordance with the

phase-in schedule provided in chapter 606-B, beginning in fiscal year 2008-09, the

Legislature each year shall provide at least 55% of the cost of the total allocation for

kindergarten to grade 12 education from General Fund revenue sources. [2005, c. 2, Pt.

D, §§72, 74 (AFF); 2005, c. 2, Pt. D, §63 (NEW); 2005, c. 12, Pt. WW, §18 (AFF).] We

are currently under this mandate.

Maine Human Rights Act

States that a citizen will not be discriminated against in education based on sexual

orientation, mental disability, physical disability, race, sex or national origin.

Maine does not have a desegregation law on the books at this time. We do have

guidelines that track student demographics and race is included here.

Guidelines for the instruction of ESL students is covered in this site. It is of interest to

note that the basic language of instruction in the State of Maine is English. Schools may

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choose to conduct some class instruction using bilingual techniques but proficiency in the

English language is the goal.

The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to

children with disabilities throughout the nation. IDEA governs how states and public

agencies provide early intervention, special education and related services to more than

6.5 million eligible infants, toddlers, children and youth with disabilities. Elementary and

secondary schools shall provide special education and related services.

HOUSSE for special education teachers teaching multiple subjects (who, if they are new

to the profession and highly qualified in language arts, mathematics, or science at the

time of hire, may use HOUSSE to demonstrate competence in additional subjects within

two years)

Sexual orientation, gender and other groups are all covered under the Maine Human

Rights Act and are protected citizens.

Education Access for Homeless Students

This chapter defines a homeless student, procedures for enrolling the student in public

school, a process for resolving disputes of residency and assures access to appropriate

education in public schools for a homeless student.

Anti-bullying

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This amendment replaces the bill, which requires the Commissioner of Education to

develop a model harassment, intimidation and bullying prevention policy and requires

that school administrative units adopt a policy based on the model by August 15, 2012.

Bullying and cyber bullying have a negative effect on the school environment and student

learning and well-being. These behaviors must be addressed to ensure student safety and

an inclusive learning environment.

The Legislature recognizes that gifted and talented students, who comprise approximately

3% to 5% of Maine's students, require differentiated education programs that are aligned

with the system of learning results as established in section 6209, beyond those normally

provided by the regular school program in order to realize their educational potential and

contribution to themselves and to society. [2001, c. 454, §34 (AMD).]

Module 5, Students’ Rights

The State of Maine places a great importance on education. Compulsory education is

essential to the preservation of the rights and liberties of the people and the continued

prosperity of our society and our nation. Maintaining regular student attendance is

necessary to achieve the goal of an educated citizenry. Public schools should ensure the

rights of access for all school-age persons to an appropriate educational opportunity and,

when necessary, should develop alternatives to regular school curricula for those children

and youth at risk of becoming dropouts and those who may have left school.

Attendance

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School shall be required of persons in the State of Maine that are 7 years of age or older

and under 17 years. They shall attend a public day school during the time it is in regular

session.  Exceptions to this rule are as follows.

A. A person who graduates from high school before that person's 17th birthday.

B. A person who has:

(1) Reached the age of 15 years or completed the 9th grade;

(2) Permission to leave school from that person's parent;

(3) Been approved by the principal for a suitable program of work and study or training;

(4) Permission to leave school from the school board or its designee; and

(5) Agreed in writing with that person's parent and the school board or its designee to meet annually until that person's 17th birthday to review that person's educational needs. When the request to be excused from school has been denied pursuant to this paragraph, the student's parent may appeal to the commissioner;

A school administrative unit shall conform to the following standards in making public

school resources and services available to a student enrolled in a home instruction

program. Home Schooling A student receiving home instruction may enroll in specific

day school classes at the appropriate public school. A student receiving home-school

instruction must receive academic credit subject to the following requirements.

Academic credit for individual courses must be awarded if the student meets required

academic standards applicable to all students enrolled in the same course. Academic

credit must be awarded for successful completion of alternative instruction opportunities

sponsored by the school and available to all students. They are eligible to participate in

co-curricular and extra-curricular activities sponsored by the local school unit. These

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students are to be given the same access to school equipment and facilities as regularly

enrolled students.

User fees

A school administrative unit is entitled to receive state subsidy for any student who

receives instruction through one or more on-site academic courses from a public school

but is not a full-time student. A school administrative unit that sends any tuition student

to another school administrative unit or to a private school approved pursuant to chapter

219 is also entitled to receive state subsidy under this subsection.

Confidentiality

The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects

the privacy of student education records. The law applies to all schools that receive funds

under an applicable program of the U.S. Department of Education. Parents or eligible

students have the right to inspect and review the student's education records maintained

by the school. Parents or eligible students have the right to request that a school correct

records which they believe to be inaccurate or misleading. Schools must have written

permission from the parent or eligible student in order to release any information from a

student's education record.

Rights and Responsibilities of Educators and Pupils

This Chapter contains guidelines for problems relating to privileged communication for

school counselors, reporting child abuse and neglect, student educational records, and

pupils rights for school attendance.

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Health and Immunizations

To assure a safe and healthful school environment, the Legislature intends that the

immunization shall apply in the schools of the State. Every student shall have

administered an adequate dosage of an immunizing agent against each disease as

specified by rule. Any such immunizing agent shall meet standards for the biological

products, approved by the United States Public Health Service and the dosage

requirement specified by the Department of Health and Human Services. No student may

be permitted 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.

Schools in Maine are the same as any in the United States when it comes to the issue of

Free Speech. Much has been resolved with the precedence setting case of Tinker v. Des

Moines Independent Community School District “A students rights are not lost at the

school house door”.

New Jersey v. T.L.O The Fourth Amendment's prohibition on unreasonable searches and

seizures applies to searches conducted by public school officials, and is not limited to

searches carried out by law enforcement officers. Nor are school officials exempt from

the Amendment's dictates by virtue of the special nature of their authority over

schoolchildren. However, the standard of reasonableness is key here. The school has the

duty to protect its student, therefore reasonable suspicion is all that is needed.

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The states courts have recognized dress codes as fine as long as they show reasonableness

related to safety, order and discipline.

Rules Governing Physical Restraint and Seclusion Chapter 33:

This rule establishes standards and procedures for the use of physical restraint and

seclusion. Physical restraint and seclusion may only be used as an emergency

intervention when the behavior of a student presents an imminent risk of injury or harm

to the student or others. The rule sets forth permitted and prohibited uses of restraint and

seclusion, required notification and documentation of incidents of restraint or seclusion,

aggregate reporting of incidents to administrators and the department of education,

notification of parents, response to multiple incidents of restraint or seclusion of a

student, local and state complaint processes and department approval of training

programs.

If a principal of a public school and the attendance coordinator determine that a student is

habitually truant, the principal shall inform the superintendent. The superintendent or the

superintendent's designee shall first try to correct the problem informally. Informal

attempts to correct the problem must include meeting with the student and the student's

parents to identify possible causes of the habitual truancy and develop a plan to

implement solutions to the problem. If an initial meeting does not resolve the problem,

the superintendent or superintendent's designee shall implement interventions that best

address the problem.

Module 6, Teachers’ Substantive Rights

Tenure

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As defined in the State of Maine: “After a probationary period of 3 years, subsequent

contracts of duly certified teachers must be for not less than 2 years. Unless a duly

certified teacher receives written notice to the contrary at least 6 months before the

terminal date of the contract, the contract must be extended automatically for one year

and similarly in subsequent years. The right to an extension for a longer period of time

through a new contract is specifically reserved to the contracting parties. After a

probationary period of 3 years, any teacher who receives notice in accordance with this

section that the teacher's contract is not going to be renewed may during the 15 days

following such notification request a hearing with the school board. The teacher may

request reasons. The hearing must be private except by mutual consent and except that

either or both parties may be represented by counsel. That hearing must be granted within

30 days of the receipt of the teacher's request.” Non-Tenured teachers do not have these

rights and can be let go any time prior to the completion of their probationary period.

Teacher Dismissal

“A school board, after investigation, due notice of hearing and hearing thereon, shall

dismiss any teacher, although having the requisite certificate, who proves unfit to

teach or whose services the board deems unprofitable to the school; and give to that

teacher a certificate of dismissal and of the reasons for the dismissal, a copy of

which the board shall retain. That dismissal shall not deprive the teacher of

compensation for previous services.”

Whistle-blowing

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A person may not discriminate against any individual because that individual has

opposed any act or practice that is unlawful under this Act or because that individual

made a charge, testified, assisted or participated in any manner in an investigation,

proceeding or hearing under this Act.

Human Rights Act: Title 5, Chapter 337 citizens will not be denied access to public

accommodations, education, or employment because of their race, color, sex, sexual

orientation, physical or mental disability, religion, ancestry or national origin.

The State of Maine grants each school district local control over their schools and this

would include the choice of textbooks. I found no guidelines set forth by the Department

of Education or the States Legislature.

Dunham v. Superintendent of the Belfast Public Schools, in which a teacher was fired

for introducing sexuality into a discussion of Romeo and Juliet with her students. 

The case was first filed in federal court in late 1969, dismissed, appealed, sent back

for trial and finally won.

Module 7, Terms and Conditions of Employment

Certification and Registration of Teachers The Commissioner of Education must certify a

person in order to teach in the State of Maine. A person not certified under section 13001

is barred from receiving any salary or fringe benefits if he or she teaches or performs any

other professional function in a public school. A professional teacher certificate is a

renewable certificate issued to an individual who has held a provisional certificate and

has met the qualifications. “Holds a provisional teacher certificate and has taught in a

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classroom for 2 academic years or has held a professional teacher certificate that has

lapsed within the last 5 years. Or, is a teacher with 5 or more years of experience

teaching within the 7 years prior to application in the State under a valid certificate

in another state and who has graduated from a state-approved preparation program

that utilizes the standards of a national association of state directors of teacher

education and certification or a national council for accreditation of teacher

education or a national board certificate issued by the National Board for

Professional Teaching Standards, or its successor organization, or, with the

exception of the national teachers exam, meets entry-level standards for the

endorsement.”

Professional Teacher Certificates

A professional teacher certificate may be renewed for 5-year periods in accordance

with state board rules, which must require, at a minimum, that the teacher complete

at least 6 hours of professional or academic study, or in-service training designed to

improve the performance of the teacher in the field for which the teacher holds an

endorsement, or in a related subject area. Teachers who desire to qualify for a

master teacher certificate must coordinate their continuing professional education

with the requirements of an applicable teacher action plan.

Principal Certificate Is required for employment as principal of a public school. They

need to have three years of satisfactory teaching experience or an equivalent experience.

Academic and professional knowledge as demonstrated through the completion of

graduate or undergraduate courses or programs, performance in examinations or

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completion of specialized programs approved for this purpose. A basic level of

knowledge in competency areas determined by the state board. Finally, satisfactory

completion of an approved internship or practicum in the duties of a principal.

Teacher Dismissal ( See above description)

Personal evaluation requirements and procedures are cover in this section. It is the

responsibility of the school districts to maintain a professional staff. In this light, schools

are required to keep records of teacher progress for renewal and to supervise them in their

instruction of classes.

Human Rights Act: Title 5, Chapter 337 Module 6 covered this section of discrimination.

Child abuse and neglect was covered in Module 3. It is noted that teachers and

administrators have a duty to report any and all suspicion that they may have of a child

being neglected or abused.

Collective Bargaining Rights of teachers unions. This delineation of rights consist of the

powers of negotiation, mediation, fact-finding and arbitration.To meet at reasonable

times, to meet within 10 days after receipt of written notice from the other party

requesting a meeting for collective bargaining purposes, provided the parties have not

otherwise agreed in a prior written contract, to execute in writing any agreements arrived

at, the term of any such agreement to be subject to negotiation but shall not exceed 3

years. To participate in good faith in the mediation, fact finding and arbitration

procedures required.

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Negotiation limits Residency requirements can not be demanded after the employment

has started. They can require new hires to live in the district.

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