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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