School Law Compendium

Running head: FINAL COMPENDIUM NOTEBOOK
Final Compendium Notebook

Stephen Richard
University of New England
Dr. Alan E. Liebowitz

School Law, EDU 702
December 17th, 2014
FINAL COMPENDIUM NOTEBOOK
State statutes that cover education:

A state statute is a written legislative enactment that is governed by the country, state or
county. The purpose of state statutes is to declare, prohibit or command a policy. In the state of
Maine, the statutes are found at the Maine Department of Education website;
http://www.maine.gov/doe/index.html. The complete list of all the statutes themselves are found
at a link towards the bottom of the page call Maine Education Statutes which conveniently
takes you to this inclusive list of statutes.
The categories of the statues are self-explanatory and as follows: Part 1 general
provisions, Part 2 school organizations, Part 3 elementary and secondary education, Part 4
specific education programs, with subparts special education, applied technology education, and
other programs, Part 5 post-secondary education. Part 6, teachers, Part 7 school finance, Part 8
rehabilitation services, Part 9 learning technology and Part 10 interstate compact on educational
opportunities for military children.
Web address: http://www.maine.gov/doe/cert/statutes/
State Board of Education - Are they elected or appointed, what is the head of the State
Board called?
First, here is the link to information regarding the State Board of Education. The purpose
of the State Board of Education is essentially to advise the commissioner in educational laws and
policies. Interestingly, the State Board of Education, while receiving support from the
Department of Education, are two separate entities. In Maine, the State Board of Education
personnel are appointed by the Governor along with two high school students who are not
allowed to vote. The Chair of the Maine State Board of Education is Peter E Geiger and the vice
chair is Martha J. Harris. Both the chair and vice chair are voted in annually by the board.
Here is the complete list of members on the State Board of Education and a link referencing
them:
Peter E. Geiger, Chair - Martha J. Harris, Vice Chair - William H. Beardsley
Alan R. Burton - Nichi Farnham - Jana Lapoint - Heidi H. Sampson - Jane S. Sexton - Ande A.
Smith - Gwendolyn E. Viles (Student) - Alyssa Wardwell (Student)
State Court System: Overall structure:
In Maine the general judicial court system starts with the Supreme Judicial Court, skips
the Intermediate Appellate Court, followed by the Superior Court and finishes with the District
and Probate Court. This information can be found at http://www.courts.maine.gov/.
The three main court systems are:
1) Supreme Court: the governing body of the Judicial Branch which is the final appeal.
2) Superior Court: general jurisdiction trial court where a juries are available.
3) District Court: Always without jury, this court is composed of 36 judges in 13 districts and
handles civil, family and criminal matters.
An easy to follow organizational chart of the overall court system structure of Maine can
be found at this website link. The chart has citizens at the top of the list, above the Governor
(Paul LePage). At a quick glance is seems as though citizens have highest authority, yet the
Legislative Council still governs the citizens.
U.S. 1st Circuit Court of Appeals in Maine:

In 1789 the Judisiory Act of Maine (then part of Massachusetts) organized one judgeship.
Interestingly, this Court of Appeals system hears appeals from the Districts of; Maine,
Massachusetts, New Hampshire, Puerto Rico and Rhode Island.
Web home page: http://www.ca1.uscourts.gov/about-court
Major State court cases or cases settled within Maine Circuit Court that contested federal,
state, or local control of education:
While researching contested federal, state or local control of education, it was difficult to
find either a valid site or pertinent article. I asked my principal and superintendent and they were
not aware of any major contested legal issues at the state level. It was mentioned that in general
the State of Maine does not contest many of the federal laws because it is very financially
dependent on federal money. Though, the school in which I am employed is the only school in
the state of Maine that was able to effectively leave the SAD is was a part of. In a case of hiring
lawyers from Drummond and Woodson and $36,000 later a new law was written that allowed
Elm Street Elementary to leave the SAD that it was under. Finding a site that has this information
is difficult, though the paperwork does exist. The article mentioned below is the only online
piece I could find regarding the case of contested local control.
Web article: http://mdischools.net/20081007_Tuell_DECP_12TownsNeedtoApprove.htm
Module 2: Compendium Notebook Tort Liability
Statutes with respect to corporal punishment, seclusion and restraint:
As of April 29th 2013, the Maine DOE has implemented new rules concerning restraint
and seclusion. Along with the new revisions, training of a particular number of staff must be
obtained by an approved DOE program. Chapter 33, Rule Governing Physical Restraint and
Seclusion changed only slightly instead of imminent risk of injury or harm the wording has
been changed to a risk of injury or harm when using restraint or seclusion. Also a physical
escort is not considered to be physical restraint, this terminology makes it possible to escort a
student more easily when needed. The last change rids the wording a brief period of physical
contact necessary to break up a fight, again making it easier for staff in that situation. Since
chapter 33 is a document it can be seen and read on the State of Maine website by clicking on the
link, chapter 33.
Statutes relating to concussions:
Student safety should always be of top concern at any school. In May, 2012, Maine
developed their own policies (with the help of the Concussion Workgroup) regarding
concussions with guidelines for all schools to follow. There are approximately 1.7 million
concussions a year, with forty percent of them occurring in children from eight and thirteen. If
not managed properly, permanent brain damage or death could result from head injury, so
concussions are not taken lightly.
The concussion policy can be found at the Maine DOE site as a document and the page
also gives the guidelines of that policy. School personal and volunteers need to be trained on the
concussion guidelines at the start of the school year and coaches must be retrained every two
years. Both students participating in school sports and their parents/guardians should be given
information regarding concussions. Before students are allowed to participate in the school
sponsored sport they and their parent/guardian must sign and acknowledge that they read and
understand the information given to them. Basically if a concussion is even suspected the student
must be removed from the activity, parents notified and doctors visit recommended. If a
concussion did occur medical notice must be given until the student can return to school even to
learn. A Concussion Policy Management Team appointed by the superintendent will be the
overseer of concussion and make sure the policy is being implemented properly.
Statutes relating to bullying:
Bullying has been a hot topic the past few years and continues to be of top priority in the
Maine education system. Not only is bullying a concern, but cyberbullying is becoming more
prevalent with so many social networks like facebook, twitter and blogging sites. The model
policy for bullying and cyberbullying is quite comprehensive, including seven categories.
Essentially the following behaviors are prohibited with consequences for breaking these rules:
1. Bullying;
2. Cyberbullying;
3. Harassment and Sexual Harassment (as defined in board policy ACAA);
4. Retaliation against those reporting such defined behaviors; and
5. Knowing and false accusations of bullying behavior.
Any form of written, oral or electronic expression, physical act or gesture directed at a
student or students can be considered bullying. To include the multitude bullying types,
fundamentally if a students rights are impeded in any way it may be considered bullying.
Reporting of the bullying should be done by any school employee or volunteer in writing or to
the principal directly. An investigation will follow the reporting of the incident. Written
documentation of the bullying case is then given to the superintendent and consequences follow
such as: speaking with the parents, reflective activities, anger management, counseling,
restorative conferencing, community service, detention or suspension. Communication to parents
and even law enforcement if needed will explain what has been done to keep the child safe and
what will continue to be done.
Does your state have comparative or contributory negligence as a defense?
The state of Maine, along with ten other states has a modified comparative fault system.
This means that each side is responsible for their own percentage of fault, unless the plaintiff
holds 50% or more of the fault then they cannot recover any damages. This information can be
found at this website, from law firm Matthiesen, Wickert & Lehrer, S.C.
Immunity safeguards for school personnel:
Basically a teacher is safe when in charge of a class full a students, as long as they are
playing out their role of civic duty. A teacher must use a reasonable degree of force when
removing a student if needed or when stopping the disturbance from happening.
http://mainelegislature.org/legis/statutes/20-A/title20-Asec4009.html
Other items that were found:
In Bucksport Maine, John W. Smith sued the high school for negligence of the visitor bleachers
after he injured his leg on them. The court ruled a 4 to 3 decision to reject the appeal from John
W. Searle against the Bucksport Schools. The school claimed immunity to Searles claim under
the Maine Tort Claims Act. This act provides immunity to governmental entities for claims
seeking recovery of damage, except in certain cases, including the public build-ing exception.
In the end the bleachers were not considered to be part of a building, the school had some quality
lawyers on their side. http://bangordailynews.com/2010/09/07/news/high-court-upholds-rulingin-injury-case-involving-bleachers/
Module 3 Compendium notebook Church and State
State law that relates to a moment of prayer OR meditation on the books or any other
statute that addresses religion in the schools
As there is no such saying separation of church and state in the constitution like often
mentioned, it does seem as though such a rule exists. You may however have a moment of
silence or meditation according to the Maine state law, Chapter 209, Title 20 A. At the beginning
of each day, administration may require this moment of silence or meditation.
http://www.mainelegislature.org/legis/statutes/20-a/title20-Asec4805.html
State law relating to tax vouchers being used at any school including religious schools
A non-public school can actually receive money from the schools as long as they are not
affiliated with a religious group. Stipulations exist, such as the school must be incorporated
under the State of Maine or the United states and be in accordance with the First Amendment.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec2951.html
Identify if your state has a Blaine Amendment
On December 14, 1975, Representative James G. Blaine passed legislation that opposed
giving tax raised money or land to a religious sect associated with a school. Interestingly enough
even though Blaine was from Maine, the state does not follow the Blaine Amendment.
http://www.becketfund.org/blaineamendments/#tab1
Any state court cases or cases settled within your Circuit Court that contested church/state
issues? - Other items that were found
In the small town of Minot, only 1,664 residents, three families wanted the state to pay
tuition for their children at a Catholic school. The plaintiffs did not win, the parents have the
choice to send their children to the public school if they wish to. The Chief Judge of the Federal
District Court in Maine, ruled that ''The law is clear, however, that they do not have the right to
require taxpayers to subsidize that choice.'' http://www.nytimes.com/1998/08/15/us/federaljudge-in-maine-rejects-use-of-vouchers-for-religious-schools.html
Module 4: Compendium notebook Student classification
State statutes or the part of the state constitution that looks at equity of opportunity in
education which includes school financing.
It is a civil right to be educated without discrimination on the basis race, color, sex,
sexual orientation, physical or mental disability, religion or nationality. There must be equal
access to public education. http://www.mainelegislature.org/legis/statutes/5/title5sec4601.html
The educational goal regarding financing is simple, to have equal learning opportunities
with technology and learning resources for students with disabilities, special needs and who are
financially challenged. Somehow these funds must be fanatically sustainable and used to
integrate technology as determined by the Maine Legislator.
State statutes that provide guidelines for working with ESL children, illegal
immigrants, homeless children, gender or any other designated group.
10
English is the language that schools in the state of Maine instruct with, unless otherwise
designated by the commissioner. Schools may provide a second language as a means to provide
proficiency in a language other than English. The law states that ESL must be taught to English
learners who meet the needed requirements. http://www.mainelegislature.org/legis/statutes/20a/title20-Asec4701.html
By Federal law, an equal opportunity education must be provided to all regardless of
immigration status, or citizenship. http://mainedoenews.net/2011/05/26/immigrants-foreignstudents/
The McKinney-Vento Homeless Assistance Act assures the education of a homeless student and
their transportation. http://www.maine.gov/doe/homeless/
Does your state protect for sexual orientation?
It is unlawful to discriminate in anyway because of sexual orientation in a public school.
Sexual orientation provisions do not have to be followed in a bona fide religious corporation,
association, or society. http://www.mainelegislature.org/legis/statutes/5/title5sec4602.html
State court cases or cases settled within your Circuit Court that have involved
desegregation issues or other student classification issues?
A recent and very controversial case was one by the student who received $75,000. The
student, a transgender girl, was forced to use a staff bathroom instead of allowing her to use the
same girls bathroom as everyone else. Maine's highest court ruled that school officials violated
the Maine Human Rights Act, which bans discrimination based on sexual orientation or gender
identity, overturning the lower court's ruling that the district acted within its discretion.
http://rt.com/usa/211231-transgender-student-lawsuit-school-bathroom/
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Module 5 Compendium Notebook Children with Exceptionalities

State statutes that provide guidelines for working with children of exceptionality including
all disabilities as identified in state law and gifted and talented, if addressed.
The Federal law, IDEA (Individuals with Disabilities Education Act) governs the delivery
of special education to students from age birth to twenty. Timely evaluations must be made along
with providing appropriate services in a least restrictive environment if eligible.
http://www.maine.gov/doe/specialed/laws/index.html
Many federal laws are associated with IDEA and essentially exist for proper procedure
and implementation of the law. As usual, all students must be able to receive equal educational
opportunities, and this is no exception. Students should be placed in the most natural and least
restrictive environment possible. http://www.mainelegislature.org/legis/statutes/20-A/title20Asec7201.html Parents have the right to be a part of the team that creates and carries out the
rules in accordance to the federal law.
It is also recognized that gifted and talented students, which comprise of 3%-5% of the
students in Maine, need additional education opportunities. Each school shall plan and
implement their own gifted and talented program and the additional costs of the program are able
to be subsidized because of the Essential Services and Funding Act.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec8101-A.html
Any state court cases or cases settled within your Circuit Court that impact the structure of
special education and its delivery in your state.
Wendy Goodwin tried to get the Marshwood school system to pay for the attorney fees
and costs while her son was in special education proceedings. In the end the court concluded,
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That no cause of action exists in Maine law for such fees, we affirm. I suppose it was worth the
try. http://www.courts.maine.gov/opinions_orders/opinions/documents/98me263g.htm
HOUSSE standards for special education teachers
Currently, restrictions on the HOUSSE rubric are being waived because of the national
recession and Maines struggling education budget. In the case of necessary reassignments, the
temporary allowance of the HOUSSE rubric will allow aid for SAUs.
http://www.maine.gov/education/hqtp/
Module 6 Compendium Notebook Students Rights
Students rights involving school attendance (compulsory age mandates), online K-12
education, oversight of home schooling, charter schools, user fees, confidentiality of HIV,
health concerns with attendance (e.g., vaccinations needed), student records, school
curriculum requirements (testing, for instance), etc.
Public school attendance is obligatory for anyone between the ages of seven and
seventeen. There are a few exceptions such as graduating before seventeen, parent or principal
approval, or on a basis of the students educational needs. There are also exceptions to the public
school route. A student may attend a private school or be homeschooled, both have to be
approved by the commissioner. http://www.mainelegislature.org/legis/statutes/20-A/title20Asec5001-A.html
If a student is homeschooled, parents must notify the state within ten days of home
instruction. Between grades six through twelve, assurance of at least one Maine studies course
and 175 days of instruction that includes physical education, health, science, and math, English,
social studies, library skills and fine arts must be taught. Some form of assessment allowed by
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the state of Maine must also be given to all homeschooled children.

Homeschool children also have the opportunity to join in public school extra-curricular
activities such as sports. Students also have the right to take advantage of special education
programs or join in non-core classes such as music or art. Parents take full responsibility of the
curriculum and the education of that child. http://www.maine.gov/doe/homeinstruction/
User fees fall under local revenues and serve as funding for required activities. The
purpose of it is to provide some local property tax relief and also help provide for the cost of
government. http://www.maine.gov/education/finances/mandates.html
HIV test results may only be given to the participant of the test and individuals that are on
a need to know basis. The need to know people include; a designated health care provider,
authorized person in disclosed writing, health care providers, research facilities, anonymous
testing sites, the Department of Health and Human Services, as a part of a medical record
release, court ordered disclosure, or state wide health information exchange.
http://www.mainelegislature.org/legis/statutes/5/title5sec19203.html
School enrolment is subject to the superintendent and certificate or acceptable evidence
of required immunizations or immunity to disease. Written assurance that the child will be
immunized with 90 days, a written statement by a physician stating that immunization is
unadvisable, or sincere religious beliefs or philosophical beliefs that go against the immunization
may be acceptable reason not to be immunized.
14
Dissemination of any personal information must have parent permission first before it
may be published on the internet. A school may disseminate student information to criminal
justice agencies as long as the student has not committed a juvenile crime or it pertains to a
rehabilitation plan of that student. http://www.mainelegislature.org/legis/statutes/20-A/title20Asec6001.html
Title 20-A: Education statutes, curricular requirements have been repealed. Along with
the basic curriculum being repealed so has the Language of instruction, industrial education,
driver education, agricultural and natural resource curriculums been repealed.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach207sec0.html
Any state statutes relating to students rights involving free speech (including a schools
ability to censor), confidentiality of records, dress code
Students have many rights regarding freedom of speech and publication. Every student
has the responsible liberty to speak and publish sentiments on any subject, and no law shall be
passed regulating the freedom of press. http://www.maine.gov/legis/const/
The school has some ability to censor speech and publication. Related to the students personal
freedom is what they are allowed to do by the school, their speech cannot be defamatory,
obscene, vulgar or lewd. Does it affect the schools name or represent the school in a negative
manner? The speech may not cause disruption. This information was found in our text (Hillman,
S., & Trevaskis, D. (2014). School Law: Legal Framework, Guiding Principles, and Litigated
Areas).
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As mentioned before, student records primarily may not be disclosed to anyone without
parent consent first. http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6001.html
School dress code laws also pertain to a students freedom of speech. The case Tinker et
al. v. Des Moines Independent Community School District et al plays the main role in the dress
code for students. The same protocol exists for dress code, it cannot be defamatory, obscene,
vulgar or lewd. Does it affect the schools name or represent the school in a negative manner?
The dress may not cause disruption.
Discipline, research your states statute relating to suspension, expulsion and any other
disciplinary measure (like truancy or search and seizure, zero tolerance)
Suspension for a maximum of ten days does not need a stringent policy, any longer than
ten days requires a more strict policy to be followed by the school district. Expulsion needs an
executive session hearing with the school board, parents are welcome to attend if the child is
minor. http://www.mainelegislature.org/legis/statutes/20-a/title20-Asec1001.html
A habitually truant student needs to be addressed with the principal and then the
superintendent, with parent meetings to try and solve the issue before they get worse.
Interventions then proceed if the truancy problem cannot be solved.
Search and seizure need to be accompanied with this Balancing Test, two questions need
to be asked to judge reasonableness of search:
1. Whether the action was justified at its inception.
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2. Whether the search as it was conducted, was reasonably related in scope to the circumstances.
Resource was our text (Hillman, S., & Trevaskis, D. (2014). School Law: Legal Framework,
Guiding Principles, and Litigated Areas).
I did not find any zero tolerance in the discipline area of Maine state law.
Any state court cases or cases settled within your Circuit Court that involved student rights
such as freedom of speech, dress, discipline including search and seizure?
I found many freedom of speech rights cases, but not much in regards to education.
Module 7 Compendium Notebook Teachers rights
Tenurehow is it defined in your state? Do your non-tenure teachers have any due
process rights?
Tenure is not specifically defined well in the state of Maine, I could not find it anywhere
after hours of searching. Maybe it does not exist. This is as close as I could find.
State law on whistle-blowing - Title 26, chapter 7, subchapter 5-B
Discrimination or threats may not be made on any employee regarding compensation,
terms locations, locations or privileges. An employee is required to make a report under Title
22, section 3477 or 4011, and may not be let go because they were following the requirements.
State textbook selection guidelines?
It is the duty of the school board to adopt a policy to find or approve curriculum for the
school. Guidelines should meet appropriate age standards and intellectual level.
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Child abuse and neglect law
Additional family information on abuse and neglect can be found at this web address:
http://www.maine.gov/doe/healthed/areas/family.html
As teachers, we are all mandated reporters of suspected child abuse or neglect.
http://www.maine.gov/dhhs/mandated_reporters.shtml
Are there specific statutes that relate to protections against employee discrimination?
It is against the law for staff to discriminate against another staff for any reason
including, race, religion, color, sex, age, national origin, mental or physical disability, or sexual
orientation. Working in an environment with no discrimination is a right that we all have.
http://www.maine.gov/labor/labor_laws/publications/employeerightsguide.html#Discrimination
Any state court cases or cases settled within your Circuit Court involving teacher rights?
No education related case was found from a web search.
Module 8: Compendium Notebook Terms and Conditions of Employment
Licensure/certification requirements for teachers and administrators
Interestingly a teacher must have good moral character if they want to be hired according
to law. The state board determines the qualifications for both teachers and administrators to
follow in order to be certified.
Hiring and appointment laws/regulations
18
The superintendent shall nominate all teachers subject to regulations the board makes.
After a three year probationary period, subsequent contracts are for two year stints.
What is cause for termination of a teacher?
For teachers who have served beyond the three year probationary period there must be
just cause for dismissal. A private hearing may be requested as to why the contract was decided
not to be continued within fifteen days of notification.
A teacher may be dismissed when they have gone through due process of a hearing and
investigation. The board may dismiss the teacher if they decide they are no longer profitable to
the school.
Personnel evaluation and record-keeping
Models that include multiple measures must be implemented for the evaluation of both
teachers and administrators. Each school administrative unite may incorporate any desired model
to be used and nothing can prevent them from developing their own models to be used to
evaluate teachers and administrators.
Union and collective bargaining regulations that could include delineation of the powers
of teachers' unions, time-frame for the process, what can and cannot be negotiated
19
The executive director or designee shall make the final decision if there is a dispute
between public employer and employee. To ensure the fullest freedom of exercising the rights of
a teacher and for the best interest of the community and purpose of collective bargaining, the
executive director of the board will decide each case.
It is the obligation of the employer to bargain collectively for mutual obligations to:
meet at a reasonable time, to meet within ten days of written notice from the other party, to
negotiate in good faith for fair wages, hours, working conditions and contract grievance
arbitration. All the agreements arrived at should be written down.
What can and cannot be negotiated seems to be unknown. I did not find any specific issue that
could not be negotiated on, though all negotiations needed to go through a due process. All
negotiations needed to be done by the book and in a professional manner, in good faith
negotiations must be made.

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Running head: FINAL COMPENDIUM NOTEBOOK

Final Compendium Notebook

Dr. Alan E. Liebowitz

FINAL COMPENDIUM NOTEBOOK

State statutes that cover education:

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U.S. 1st Circuit Court of Appeals in Maine:

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Module 5 Compendium Notebook Children with Exceptionalities

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the state of Maine must also be given to all homeschooled children.

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