Maine School Law

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-

Maine School Law educational services, gender equity hearings, property disposal, education coordinating

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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

Maine School Law 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

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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

Maine School Law Subchapter 1. SCHOOL COMMITTEE Subchapter 2. INCORPORATED SCHOOL DISTRICT

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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

Maine School Law Article 4. DISTRICT MEETINGS Article 5. OFFICERS Article 6. APPROPRIATION AND APPORTIONMENT Article 7. BORROWING Article 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

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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.

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

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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.

Maine School Law 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.

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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

Maine School Law 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.

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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

Maine School Law 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.

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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

Maine School Law 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.

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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

Maine School Law students are to be given the same access to school equipment and facilities as regularly enrolled students.

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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

Maine School Law 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

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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

Maine School Law 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.

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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

Maine School Law 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

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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

Maine School Law 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.

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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.

Maine School Law 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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