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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 01. GENERAL PROVISIONS
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Title 20-A - §1. Definitions
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 1: GENERAL PROVISIONS
§1. Definitions
As used in this Title, unless the context indicates otherwise, the following terms have the following meanings.
[1981, c. 693, §§5, 8 (new).]
1. Adult education. "Adult education" means education programs primarily operated for individuals beyond the compulsory school ages and administered
by school administrative units.
[1981, c. 693, §§5, 8 (new).]
1-A. Agent. "Agent" means an individual appointed to serve in the capacity of a superintendent.
[2001, c. 588, §1 (new).]
2. Approved private school. "Approved private school" means a private school approved for attendance purposes under chapter 117.
[1981, c. 693, §§5, 8 (new).]
3. Board of directors. "Board of directors" means the governing body with statutory powers and duties for a school administrative district.
[1981, c. 693, §§5, 8 (new).]
4. Commissioner. "Commissioner" means the Commissioner of Education or the commissioner's designee.
[1989, c. 700, Pt. A, §45 (amd).]
5. Community school district. "Community school district" means a state-approved unit of school administration composed of more than one municipality
or school administrative district which may provide public education for any combination of kindergarten through grade 12.
[1981, c. 693, §§5, 8 (new).]
6. Cooperative board. "Cooperative board" means the governing body with statutory powers and duties for a career and technical education region.
[RR 1991, c. 2, §53 (cor); 2003, c. 545, §5 (rev).]
6-A. Courses of study. "Courses of study" means the courses of study for the elementary and secondary schools that are in alignment with the system
of learning results as established in section 6209 and consistent with the requirements of this Title.
[2001, c. 588, §2 (new).]
7. Department. "Department" means the Department of Education.
[1989, c. 700, Pt. A, §45 (amd).]
8. District board of trustees. "District board of trustees" means a body with statutory powers and duties for a community school district.
[1981, c. 693, §§5, 8 (new).]
9. District school committee. "District school committee" means the governing body with statutory powers and duties for a community school district.
[1981, c. 693, §§5, 8 (new).]
10. Elementary school. "Elementary school" means that portion of a school that provides instruction in any combination of kindergarten through
grade 8.
[1981, c. 693, §§5, 8 (new).]
11. Elementary student. "Elementary student" means a student enrolled in an elementary school.
[1981, c. 693, §§5, 8 (new).]
12. Exceptional student. "Exceptional student" is defined in section 7001.
[1981, c. 693, §§5, 8 (new).]
13. Financial definitions. "Financial definitions" is defined in section 15503.
[1981, c. 693, §§5, 8 (new).]
13-A. Homeless student. "Homeless student" means a person eligible to attend elementary or secondary school pursuant to section 5201 who:
A. Lacks a fixed, regular and adequate nighttime residence;
[1991, c. 608, §1 (new).]
B.
[2003, c. 477, §1 (rp).]
B-1. Is a child or a youth:
(1) Who is sharing the housing of other persons due to loss of housing or economic hardship or a similar reason; is living
in a motel, hotel, trailer park or camping ground due to the lack of alternative adequate accommodation; is living in an emergency
or transitional shelter; is abandoned in a hospital; or is awaiting foster care placement;
(2) Who is living in a car, park or public space or in an abandoned building, substandard housing, bus or train station
or similar setting;
(3) Who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular
sleeping accommodation for human beings; and
(4) Who is a migratory child, as defined in Section 1309 of the federal Elementary and Secondary Education Act of 1965,
who qualifies as homeless for the purpose of this chapter because the child is living in circumstances described in this section.
[2003, c. 477, §2 (new).]
C.
[2003, c. 477, §3 (rp).]
The term "homeless student" does not include a person housed in a correctional facility, jail or detention facility.
[2003, c. 477, §§1-3 (amd).]
14. Joint committee. "Joint committee" means the governing body with statutory powers and duties for implementing a contract for secondary education
under chapter 115.
[1981, c. 693, §§5, 8 (new).]
15. Kindergarten. "Kindergarten" means a one-year or 2-year childhood education program immediately prior to grade one.
[1981, c. 693, §§5, 8 (new).]
16. Local allocation. "Local allocation" is defined in section 15503, subsection 12.
[1981, c. 693, §§5, 8 (new).]
17. Major capital costs. "Major capital costs" is defined in section 15672, subsection 18-A.
[2005, c. 2, Pt. D, §2 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
18. Minor capital costs. "Minor capital costs" is defined in section 15672, subsection 20-A.
[2005, c. 2, Pt. D, §2 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
19. Municipal school unit. "Municipal school unit" means a state-approved unit of school administration composed of a single municipality.
[1981, c. 693, §§5, 8 (new).]
19-A. Newly incurred capital outlay and debt service. "Newly incurred capital outlay and debt service" means capital outlay and debt service costs for a school construction project
approved for funding by the voters on or after June 1, 1998.
[1997, c. 787, §1 (new).]
20. Parent. "Parent" means a parent, guardian or legal guardian.
[1981, c. 693, §§5, 8 (new).]
21. Principal. "Principal" means the person who supervises the operation and management of a school and school property as determined necessary
by the superintendent under policies established by the school board.
[1981, c. 693, §§5, 8 (new).]
22. Private school. "Private school" means an academy, seminary, institute or other private corporation or body formed for educational purposes
covering kindergarten through grade 12 or any portion thereof.
[1981, c. 693, §§5, 8 (new).]
23. Private school approved for tuition purposes. "Private school approved for tuition purposes" means a private school approved for the receipt of public funds under sections
2951 to 2955.
[1981, c. 693, §§5, 8 (new).]
24. Public school. "Public school" means a school that is governed by a school board of a school administrative unit and funded primarily with
public funds.
[1981, c. 693, §§5, 8 (new).]
24-A. Residential placement. "Residential placement" includes the placement in any children's home licensed pursuant to Title 22, chapter 1669, including:
A. An "emergency shelter," which is a facility operated by a corporation and licensed for the purpose of providing board and
care to no more than 10 children over the age of 12 years, who may be runaways or abused children or whose well-being is jeopardized
by some other crisis or emergency, and providing services to a child for not more than 21 consecutive days, except with special
permission;
[1985, c. 789, §§1, 9 (new).]
B. A "foster home," which is a private home occupied and operated by the owner and licensed to provide 24-hour care for no
more than 6 nonrelated children;
[1985, c. 789, §§1, 9 (new).]
C. A "specialized children's home," which is a facility licensed to provide care to no more than 4 moderately to severely handicapped
children by a caretaker who is specifically educated and trained to provide for the particular needs of each child placed;
and
[1985, c. 789, §§1, 9 (new).]
D. A "residential child care facility," which provides board and care for one or more children on a regular, 24-hours-a-day,
residential basis. A residential child care facility does not mean family foster home, specialized children's home or an
emergency shelter facility. The term includes, but is not limited to:
(1) A "group home," which is a residential child care facility operated by a corporation and licensed for the purpose of
providing board and care for up to 10 children;
(2) A "residential agency," which is a residential child care facility operated by a corporation and licensed for the purpose
of providing board and care to more than 10 children;
(3) A "residential treatment center," which is a residential child care facility operated by a corporation and licensed for
the purpose of providing therapeutically- planned, group living situations within which educational, recreational, medical
and sociopsychotherapeutic components are intergrated for children whose present handicaps preclude community outpatient treatment;
(4) A "residential treatment facility," which is a residential child care facility operated by a corporation and licensed
for the purpose of providing board, care and treatment for more than 10 moderately to severely handicapped children and which
does not contain an educational component; and
(5) A "therapeutic group home," which is a residential child care facility operated by a corporation and licensed for the
purpose of providing board, care and treatment for up to 10 moderately to severely handicapped children.
[1985, c. 789, §§1, 9 (new).]
[1985, c. 789, §§1, 9 (new).]
25. School administrative district. "School administrative district" means a state-approved unit of school administration, composed of one or more municipalities
which must provide public education to all public school students in the district.
[1981, c. 693, §§5, 8 (new).]
26. School administrative unit. "School administrative unit" means the state-approved unit of school administration and includes a municipal school unit,
school administrative district, community school district or any other municipal or quasi-municipal corporation responsible
for operating or constructing public schools, except that it does not include a career and technical education region.
[RR 1993, c. 1, §44 (cor); 2003, c. 545, §5 (rev).]
27. School agent.
[2001, c. 588, §3 (rp).]
28. School board. "School board" means the governing body with statutory powers and duties for a school administrative unit.
[1981, c. 693, §§5, 8 (new).]
29. School committee. "School committee" means the governing body with statutory powers and duties for a municipal school unit.
[1981, c. 693, §§5, 8 (new).]
30. School construction project. "School construction project" is defined in section 15901, subsection 4.
[1981, c. 693, §§5, 8 (new).]
31. School union. "School union" means a union composed of school administrative units joined for the purpose of providing joint administrative
services, including a joint superintendent.
[1981, c. 693, §§5, 8 (new).]
32. Secondary school. "Secondary school" means that portion of a school that provides instruction in any combination of grades 9 through 12.
[1981, c. 693, §§5, 8 (new).]
33. Secondary student. "Secondary student" means a student enrolled in a secondary school.
[1981, c. 693, §§5, 8 (new).]
34. Special school district. "Special school district" means a school district created by private and special law for the purpose of constructing or
adding to school buildings, but which does not have the authority or responsibility for operating public schools.
[1981, c. 693, §§5, 8 (new).]
34-A. State agency client. "State agency client" means a child of eligible school age who is:
A. In the care or custody, or both, of the Department of Health and Human Services;
[RR 2003, c. 2, §30 (cor).]
B. Placed, by a caseworker from the Department of Health and Human Services or an authorized agent of Children's Services,
Department of Health and Human Services for reasons other than educational reasons, with a person who is not the child's parent,
legal guardian or relative;
[1997, c. 326, §1 (amd); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]
C.
[1997, c. 326, §1 (rp).]
D. Attending a public or private school while still a resident of a state-operated institution; or
[1997, c. 326, §1 (amd).]
E. In the custody or under the supervision of the Department of Corrections, including, but not limited to, a juvenile on conditional
release, an informally adjusted juvenile, a probationer or a juvenile on community reintegration status from the Long Creek
Youth Development Center or the Mountain View Youth Development Center and who is placed, for reasons other than educational
reasons, pursuant to a court order or with the agreement of an authorized agent of the Department of Corrections, outside
the juvenile's home.
[2003, c. 706, Pt. A, §8 (amd).]
Notwithstanding paragraphs A to E, a "state agency client" may in addition be either a child who is under 3 years of age and
has a diagnosed, established condition or a biological factor that has a high probability of resulting in developmental delay
or a child who is under 6 years of age and in need of early intervention of special education services due to a delay in one
or more of the following areas: cognitive development; physical development, including vision and hearing; communication development;
social or emotional development; and adaptive development.
[2003, c. 689, Pt. B, §6 (rev); c. 706, Pt. A, §8 (amd); RR 2003, c. 2, §30 (cor).]
35. State allocation. "State allocation" is defined in section 15503, subsection 20.
[1981, c. 693, §§5, 8 (new).]
36. State board. "State board" means the State Board of Education.
[1981, c. 693, §§5, 8 (new).]
37. State and local allocation. "State and local allocation" is defined in section 15503, subsection 21.
[1981, c. 693, §§5, 8 (new).]
37-A. State valuation. "State valuation" means the value certified to the Secretary of State as provided in Title 36, section 305, subsection 1.
[1985, c. 650, §1 (new).]
38. Subdistrict. "Subdistrict" means a geographic area which is a subdivision of a school administrative district for election purposes.
[1981, c. 693, §§5, 8 (new).]
39. Superintendent. "Superintendent" means the person in a school administrative unit or school union appointed and having the authority and
responsibility under this Title and other applicable statutes.
[1981, c. 693, §§5, 8 (new).]
40. Union committee. "Union committee" means the governing body with statutory powers and duties for a school union.
[1981, c. 693, §§5, 8 (new).]
41. Union school. "Union school" means a school operated by adjoining municipal school units under a joint agreement.
[1981, c. 693, §§5, 8 (new).]
42. Career and technical education center. "Career and technical education center" is defined in section 8301-A, subsection 3.
[RR 1991, c. 2, §54 (cor); 2003, c. 545, §5 (rev).]
43. Career and technical education. "Career and technical education" is defined in section 8301-A, subsection 2-A.
[RR 2003, c. 2, §31 (cor).]
44. Career and technical education region. "Career and technical education region" is defined in section 8301-A, subsection 6.
[RR 1991, c. 2, §56 (cor); 2003, c. 545, §5 (rev).]
45. Career and technical education satellite program. "Career and technical education satellite program" is defined in section 8301-A, subsection 8.
[RR 1991, c. 2, §56 (cor); 2003, c. 545, §5 (rev).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 650,
§1
(AMD).
PL 1985,
Ch. 789,
§1,2,9
(AMD).
PL 1987,
Ch. 98,
§1
(AMD).
PL 1989,
Ch. 502,
§B17
(AMD).
PL 1989,
Ch. 700,
§A45
(AMD).
PL 1991,
Ch. 608,
§1
(AMD).
PL 1991,
Ch. 716,
§6
(AMD).
RR 1991,
Ch. 2,
§53-56
(COR).
PL 1993,
Ch. 410,
§CCC7
(AMD).
RR 1993,
Ch. 1,
§44
(COR).
PL 1995,
Ch. 560,
§K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 1995,
Ch. 569,
§1
(AMD).
PL 1997,
Ch. 326,
§1
(AMD).
PL 1997,
Ch. 787,
§1
(AMD).
PL 1999,
Ch. 75,
§1
(AMD).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2001,
Ch. 439,
§G6
(AMD).
PL 2001,
Ch. 588,
§1-3
(AMD).
PL 2003,
Ch. 477,
§1-3
(AMD).
PL 2003,
Ch. 545,
§5
(REV).
PL 2003,
Ch. 689,
§B6
(REV).
PL 2003,
Ch. 706,
§A8
(AMD).
RR 2003,
Ch. 2,
§30,31
(COR).
PL 2005,
Ch. 2,
§D2
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §10. Education Research Institute
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 1: GENERAL PROVISIONS
§10. Education Research Institute
The Education Research Institute, referred to in this section as the "institute," is established to collect and analyze education
information and perform targeted education research for the Legislature. The institute shall create and maintain an education
information system that tracks important education data for kindergarten and grades one to 12. The institute shall also conduct
exploratory, long-term research on education issues.
[1995, c. 395, Pt. J, §1 (new).]
1. Legislature to contract with university. The Legislature, through the joint standing committee of the Legislature having jurisdiction over education matters, shall
contract with the University of Maine System to establish and maintain the institute. Personnel coordinating the work of
the institute must be appointed by the University of Maine System in consultation with the Legislature and those personnel
shall consult with and act on behalf of the Legislature, performing such data collection, analysis and research as the Legislature
may require.
[1995, c. 395, Pt. J, §1 (new).]
2. Steering committee. The Education Research Institute Steering Committee, referred to in this section as the "steering committee," is established
to advise the Legislature and the University of Maine System on all matters related to the institute. Steering committee
members must be appointed by the joint standing committee of the Legislature having jurisdiction over education matters for
a term of 2 years. The steering committee shall meet at least 4 times each year and must include one member of each of the
following:
A. The joint standing committee of the Legislature having jurisdiction over education matters;
[1995, c. 395, Pt. J, §1 (new).]
B. The Department of Education;
[1995, c. 395, Pt. J, §1 (new).]
C. The State Board of Education;
[1995, c. 395, Pt. J, §1 (new).]
D. The University of Maine System;
[1995, c. 395, Pt. J, §1 (new).]
E. The Maine School Management Association;
[1995, c. 395, Pt. J, §1 (new).]
F. The Maine Education Association;
[1995, c. 395, Pt. J, §1 (new).]
G. The Maine Municipal Association; and
[1995, c. 395, Pt. J, §1 (new).]
H. The Maine Principals Association.
[1995, c. 395, Pt. J, §1 (new).]
The steering committee shall elect a chair from among its members to serve a term of 2 years.
[1995, c. 395, Pt. J, §1 (new).]
3. Location and access. The education information system and research results gathered pursuant to this section must be maintained by the institute
at the University of Maine System. The education information system and research results must be available for use by any
interested group or individual in the form available from the institute.
[1995, c. 395, Pt. J, §1 (new).]
Section History:
PL 1995,
Ch. 395,
§J1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §2-A. Waiver of state mandates (REPEALED)
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 1: GENERAL PROVISIONS
§2-A. Waiver of state mandates (REPEALED)
Section History:
PL 1991,
Ch. 429,
§2
(NEW).
PL 1991,
Ch. 847,
§2,3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §2. Policy on public education
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 1: GENERAL PROVISIONS
§2. Policy on public education
The state policy on public education is as follows.
[1981, c. 693, §§5, 8 (new).]
1. State responsibility for public education. In accordance with the Constitution of Maine, Article VIII, the Legislature shall enact the laws that are necessary to assure
that all school administrative units make suitable provisions for the support and maintenance of the public schools. It is
the intent of the Legislature that every person within the age limitations prescribed by state statutes shall be provided
an opportunity to receive the benefits of a free public education.
[1981, c. 693, §§5, 8 (new).]
2. Local control of public education. It is the intent of the Legislature that the control and management of the public schools shall be vested in the legislative
and governing bodies of local school administrative units, as long as those units are in compliance with appropriate state
statutes.
[1981, c. 693, §§5, 8 (new).]
3. Mandated programs.
[1991, c. 847, §1 (rp).]
Section History:
MRSA ,
§T.20A SEC.23
(AMD).
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 821,
§
(AMD).
PL 1989,
Ch. 501,
§P22
(AMD).
PL 1989,
Ch. 502,
§D16
(AMD).
PL 1989,
Ch. 534,
§E1
(AMD).
PL 1989,
Ch. 878,
§A43
(AMD).
PL 1991,
Ch. 9,
§II1
(AMD).
PL 1991,
Ch. 429,
§1
(AMD).
PL 1991,
Ch. 528,
§III23
(AMD).
PL 1991,
Ch. 528,
§RRR
(AFF).
PL 1991,
Ch. 591,
§III23
(AMD).
PL 1991,
Ch. 847,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §3. Administrative procedures
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 1: GENERAL PROVISIONS
§3. Administrative procedures
The adopting of rules, conducting of adjudicatory hearings and issuing of licenses by the state board, department or commissioner
shall be in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, except as specified in this Title.
[1981, c. 693, §§5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §4. Rule of construction (REPEALED)
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 1: GENERAL PROVISIONS
§4. Rule of construction (REPEALED)
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 737,
§C4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5. Funding of state mandates for noneducational services
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 1: GENERAL PROVISIONS
§5. Funding of state mandates for noneducational services
1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
A. "Expenditure" means any local appropriation financed by the property tax, motor vehicle excise tax, state-municipal revenue
sharing program or any state reimbursement for revenue lost due to property tax exemptions.
[1983, c. 80 (new).]
B. "Local unit" means any city, town, plantation or school administrative unit.
[1983, c. 80 (new).]
C. "Noneducational services" means any service which is not an allowable educational cost under chapter 605.
[1983, c. 80 (new).]
[1983, c. 80 (new).]
2. Mandates. The State may not mandate that a school administrative unit implement a new noneducational service after July 1, 1984, unless
the State provides sufficient moneys to cover the additional cost of implementing the program.
[1983, c. 80 (new).]
Section History:
PL 1983,
Ch. 80,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6. Gender equity hearings
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 1: GENERAL PROVISIONS
§6. Gender equity hearings
Beginning in 1991 and in each odd-numbered year thereafter, the joint standing committee of the Legislature having jurisdiction
over educational matters shall hold biennial hearings on or before March 15th on the status of women in public school administration.
The committee shall solicit testimony from all public and private educational organizations on the progress in providing
support to women and in advancing the efforts of women to achieve administrative positions.
[1989, c. 889, §2 (new).]
Section History:
PL 1989,
Ch. 889,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7. Property disposal
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 1: GENERAL PROVISIONS
§7. Property disposal
A school board shall establish a policy for the disposal of personal school property valued at more than $5,000. The policy
must include a provision that member municipalities be notified of any planned property disposal under this section.
[1991, c. 119 (new).]
Section History:
PL 1991,
Ch. 119,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §8. Restructuring public schools
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 1: GENERAL PROVISIONS
§8. Restructuring public schools
The commissioner shall encourage school administrative units to pursue an ongoing process of school restructuring as a means
of more effectively meeting the learning needs and improving the academic performance of all students. The public and private
postsecondary institutions of higher education in the State are urged to cooperate with the department, the state board and
school administrative units to provide appropriate and timely professional development programs and other support services
to educators employed in public schools engaged in school restructuring efforts.
[1991, c. 407, §1 (new).]
1. School restructuring. For the purposes of this section, the term "school restructuring" means the process by which schools and communities make
significant changes in the existing school structure, including the policies, roles, relationships and schedules that influence
teaching and learning in the school. School restructuring recognizes the critical educational role of technology and integrates
technology and technological systems in the classroom, in school governance and in school record keeping. School restructuring
is based on:
A. The development of comprehensive educational goals establishing community expectations for what all students should know,
the skills they should possess, the attitude toward work and learning they should hold upon completing school and the role
of the school in the community;
[1991, c. 407, §1 (new).]
B. A formal appraisal of the basic structures that govern operation of the school; and
[1991, c. 407, §1 (new).]
C. A commitment to revise the basic school structure to achieve the comprehensive educational goals.
[1991, c. 407, §1 (new).]
School restructuring, which is most effectively carried out at the local level, depends on community and educator involvement
and approval and student participation. School restructuring includes consideration of changing roles for parents, students,
teachers, administrators, support staff, postsecondary education institutions and officials, and various segments of the community.
It may include a significantly broadened role for schools.
School restructuring may include schools and school administrative units combining efforts to cooperatively pursue restructuring
activities. When that occurs, one or more schools or units may be designated as demonstration sites.
[1991, c. 407, §1 (new).]
2. Waiver of rules for local schools. A school administrative unit undergoing school restructuring may request that the commissioner waive the application of
specific rules to that unit, or to certain schools in that unit, if such action is necessary to achieve school restructuring.
The commissioner shall grant a waiver if the requesting unit, as determined by the commissioner, has:
A. Demonstrated that one or more state rules prevent or seriously handicap the unit's pursuit of its restructuring goals;
[1991, c. 407, §1 (new).]
B. Demonstrated that reasonable steps have been taken to provide the safeguards offered by the rules in question to allow continued
educational progress by students and protect the continuity and integrity of the unit and employees of that unit;
[1991, c. 407, §1 (new).]
C. Provided evidence that the necessary resources and community and staff support are present to ensure that the restructuring
changes requiring the waiver stand a reasonable chance of succeeding;
[1991, c. 407, §1 (new).]
D. Informed any bargaining agent or agents representing affected school employees of the waiver request; and
[1991, c. 407, §1 (new).]
E. Established a working relationship regarding professional development with an institution of higher education or a professional
development service provider.
[1991, c. 407, §1 (new).]
The request for the waiver must include documentation to substantiate the conditions of this subsection. If the request is
denied, the commissioner shall provide the reasons for denying the request to the school unit.
[1991, c. 407, §1 (new).]
3. Waiver of rules for educator preparation programs. In order to prepare educators to work in restructuring schools, an educator preparation program may request that the state
board waive the application of specific rules governing approval of that program. The state board shall grant waiver requests
if, in the board's opinion, the program has:
A. Demonstrated that the rules for which a waiver is requested prevent or seriously handicap the program in its pursuit of
a plan to meet the educational needs of its students and the staffing needs of restructuring schools;
[1991, c. 407, §1 (new).]
B. Demonstrated that reasonable steps have been taken to provide the safeguards offered by the rules in question to allow continued
educational progress by students and protect the continuity and integrity of the program and employees of that program;
[1991, c. 407, §1 (new).]
C. Provided evidence that the necessary resources and support from the governing body and staff of an institution of higher
education are present to ensure that the changes requiring the waiver stand a reasonable chance of succeeding;
[1991, c. 407, §1 (new).]
D. Informed any bargaining agent or agents representing affected program employees of the waiver request; and
[1991, c. 407, §1 (new).]
E. Developed service, research and teaching relationships with one or more restructuring public schools.
[1991, c. 407, §1 (new).]
The request for the waiver must include documentation to substantiate the conditions of this subsection. If the request is
denied, the state board shall communicate the reasons for denying the request to the petitioning program.
[1991, c. 407, §1 (new).]
Section History:
PL 1991,
Ch. 407,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §9. Education Coordinating Committee
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 1: GENERAL PROVISIONS
§9. Education Coordinating Committee
The Education Coordinating Committee, referred to in this section as the "committee," is established to promote efficiency,
cooperative effort and strategic planning between the Department of Education, the State Board of Education, the University
of Maine System, the Maine Community College System and the Maine Maritime Academy. The committee consists of the Commissioner
of Education, the Chair of the State Board of Education, the Chancellor of the University of Maine System, the Chair of the
Board of Trustees of the University of Maine System, the President of the Maine Community College System, the Chair of the
Board of Trustees of the Maine Community College System, the President of the Maine Maritime Academy and the Chair of the
Board of Trustees of the Maine Maritime Academy.
[1995, c. 395, Pt. J, §1 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
div>
The committee shall meet at least twice each year. The commissioner shall convene the first meeting of the committee by October
15, 1995. The committee shall elect a chair from among its members to serve for a term to be determined by the committee.
The committee shall report on its deliberations and any recommendations to the Governor and the joint standing committee
of the Legislature having jurisdiction over education matters by February 15th each year.
[1995, c. 395, Pt. J, §1 (new).]
Section History:
PL 1995,
Ch. 395,
§J1
(NEW).
PL 2003,
Ch. 20,
§OO2
(AMD).
PL 2003,
Ch. 20,
§OO4
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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