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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 03. DEPARTMENT OF EDUCATION
|
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Title 20-A - §201. Purpose of the department
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 1: DEPARTMENT ADMINISTRATION
§201. Purpose of the department
The Department of Education is established to:
[1989, c. 700, Pt. B, §5 (amd)]
1. Supervise public education. Supervise, guide and plan for a coordinated system of public education for all citizens of the State based on the system
of learning results as established in section 6209;
[2001, c. 454, §1 (amd)]
2. Interrelation with other programs. Interrelate public education with other social, economic, physical and governmental activities, programs and services; and
[1989, c. 700, Pt. B, §6 (amd)]
3. Cultural services.
[1989, c. 700, Pt. B, §7 (rp).]
4. Advancement of education. Encourage and stimulate public interest in the advancement of education.
[1989, c. 700, Pt. B, §8 (amd).]
5. Cultural and historical heritage.
[1989, c. 700, Pt. B, §9 (rp).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1989,
Ch. 700,
§B5-9
(AMD).
PL 2001,
Ch. 454,
§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 - §202. Department organization
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 1: DEPARTMENT ADMINISTRATION
§202. Department organization
The department shall include the following:
[1981, c. 693, §§5, 8 (new).]
1. State Board of Education. The State Board of Education;
[1981, c. 693, §§5, 8 (new).]
1-A. Commissioner of Education. The Commissioner of Education;
[1989, c. 700, Pt. B, §10 (amd).]
2. Maine Education Council.
[1993, c. 252, Pt. C, §2 (rp).]
3. Maine State Commission for Higher Education Facilities. The Maine State Commission for Higher Education Facilities;
[1981, c. 693, §§5, 8 (new).]
4. Maine Representatives to the New England Board of Higher Education. The Maine Representatives to the New England Board of Higher Education;
[1981, c. 693, §§5, 8 (new).]
5. Maine School Building Authority. The Maine School Building Authority;
[1981, c. 693, §§5, 8 (new).]
6. Governor Baxter School for the Deaf.
[1995, c. 676, §3 (rp); §13 (aff).]
7. Maine Arts Commission.
[1989, c. 700, Pt. B, §11 (rp).]
8. Arts Bureau.
[1989, c. 700, Pt. B, §11 (rp).]
9. Maine State Museum Commission.
[1989, c. 700, Pt. B, §12 (rp).]
10. Maine State Museum Bureau.
[1989, c. 700, Pt. B, §12 (rp).]
11. State Historian. The State Historian;
[1981, c. 693, §§5, 8 (new).]
12. Maine State Library.
[1989, c. 700, Pt. B, §12 (rp).]
13. Maine State Library Bureau.
[1989, c. 700, Pt. B, §12 (rp).]
14. Maine Historic Preservation Commission.
[1989, c. 700, Pt. B, §12 (rp).]
15. Educational bureaus.
[1993, c. 410, Pt. F, §1 (rp).]
16. Other entities. Other entities authorized by the Legislature; and
[1981, c. 693, §§ 5, 8 (new).]
17. Other bureaus. Any other bureau the commissioner establishes.
[1981, c. 693, §§5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 763,
§A74
(AMD).
PL 1985,
Ch. 797,
§7,8
(AMD).
PL 1987,
Ch. 395,
§A43
(AMD).
PL 1989,
Ch. 700,
§B10-12
(AMD).
PL 1991,
Ch. 716,
§1
(AMD).
PL 1993,
Ch. 252,
§C2
(AMD).
PL 1993,
Ch. 410,
§F1
(AMD).
PL 1995,
Ch. 676,
§13
(AFF).
PL 1995,
Ch. 676,
§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 - §203. Appointments
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 1: DEPARTMENT ADMINISTRATION
§203. Appointments
1. Commissioner's appointments. The following officials are appointed by and serve at the pleasure of the commissioner:
A. Deputy Commissioner;
[1993, c. 684, §2 (amd); c. 708, Pt. J, §7 (amd).]
B.
[1997, c. 266, §2 (rp).]
C.
[1993, c. 410, Pt. F, §2 (rp).]
D.
[1993, c. 410, Pt. F, §2 (rp).]
E.
[1993, c. 410, Pt. F, §2 (rp).]
F. Director, Planning and Management Information; and
[2001, c. 344, §3 (amd); c. 439, Pt. H, §3 (amd).]
G.
[2001, c. 344, §4 (rp); c. 439, Pt. H, §4 (rp).]
H.
[1997, c. 266, §2 (rp).]
I.
[1995, c. 560, Pt. F, §10 (rp).]
J. Director of Special Projects and External Affairs.
[1997, c. 266, §2 (new).]
[2001, c. 344, §§3, 4 (amd); c. 439, Pt. H, §§3, 4 (amd).]
2. Appointment of directors and others.
[1989, c. 700, Pt. B, §13 (rp).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 489,
§10
(RPR).
PL 1985,
Ch. 763,
§A75
(AMD).
PL 1987,
Ch. 395,
§A44
(AMD).
PL 1989,
Ch. 414,
§3
(AMD).
PL 1989,
Ch. 700,
§B13
(AMD).
PL 1991,
Ch. 716,
§2
(AMD).
PL 1993,
Ch. 410,
§F2
(AMD).
PL 1993,
Ch. 684,
§2
(AMD).
PL 1993,
Ch. 708,
§J7
(AMD).
PL 1995,
Ch. 560,
§F10
(AMD).
PL 1995,
Ch. 560,
§F9
(AMD).
PL 1997,
Ch. 266,
§2
(AMD).
PL 2001,
Ch. 344,
§3,4
(AMD).
PL 2001,
Ch. 439,
§H3,4
(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 - §204. Rules
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 1: DEPARTMENT ADMINISTRATION
§204. Rules
A rule authorized or provisionally adopted pursuant to this Title after January 1, 2005 that proposes to regulate private
schools is a major substantive rule and subject to legislative review in accordance with Title 5, chapter 375, subchapter
2-A. An amendment to a rule adopted pursuant to this Title prior to January 1, 2005 is considered a major substantive rule
when the amendment pertains to private schools, and it is subject to legislative review in accordance with Title 5, chapter
375, subchapter 2-A.
[2005, c. 194, §1 (new).]
Section History:
PL 2005,
Ch. 194,
§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 - §251-A. Responsibilities of the commissioner
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§251-A. Responsibilities of the commissioner
The commissioner is the chief executive officer of the department. In that capacity, the commissioner has primary responsibility
for the following:
[1987, c. 395, Pt. A, § 45 (new).]
1. Enforcing regulatory requirements. Enforcing applicable regulatory requirements for school administrative units;
[1987, c. 395, Pt. A, § 45 (new).]
2. Providing technical assistance. Providing technical assistance to school administrative units; and
[1987, c. 395, Pt. A, § 45 (new).]
3. Providing educational leadership. Providing educational public leadership for the State.
[1987, c. 395, Pt. A, § 45 (new).]
Section History:
PL 1987,
Ch. 395,
§A45
(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 - §251. Appointment; term
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§251. Appointment; term
The appointment and term of service of the commissioner shall be as follows.
[1981, c. 693, §§5, 8(new).]
1. Appointment. The commissioner shall be appointed by the Governor, subject to review by the joint standing committee of the Legislature
having jurisdiction over education and to confirmation by the Legislature.
A. The Governor shall include the chairman of the State Board of Education in the selection process and shall ensure that the
state board has an opportunity to meet and interview the candidate or candidates.
[1983, c. 123 (new).]
B. Within 10 days of meeting with the candidate or candidates, the state board shall deliver to the Governor its written appraisal
of the strengths and weaknesses of the candidate or candidates.
[1983, c. 123 (new).]
C. The Governor shall consider the appraisal of the state board prior to posting the nomination of a candidate.
[1983, c. 123 (new).]
[1983,c. 123 (rpr).]
2. Term. The commissioner shall serve at the pleasure of the Governor.
[1981, c. 693, §§5. 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 123,
§
(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 - §252. Office
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§252. Office
An office shall be provided for the commissioner at the seat of government.
[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 - §253. Commissioner's duties
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§253. Commissioner's duties
The duties of the commissioner shall be as follows.
[1981, c. 693, §§5, 8 (new).]
1. General duties. The commissioner shall exercise the powers and perform the duties granted to the department and enforce the requirements
of this Title and shall devote full time to the duties of the office.
[1989, c. 502, Pt. A, §49 (amd).]
2. Hiring. The commissioner may hire personnel deemed necessary to fulfill the duties of the department. These personnel shall be
subject to the Civil Service Law, except as provided in section 203.
[1985, c. 785, Pt. B, § 78 (amd).]
3. Delegation. The commissioner may authorize a designee to carry out the assigned duties.
[1981, c. 693, §§5, 8 (new).]
4. Specific duties. The commissioner also shall:
A. Coordinate, consolidate and prepare a budget for the department;
[1981, c. 693, §§5, 8 (new).]
B. Transfer personnel within the department to ensure their efficient utilization;
[1981, c. 693, §§5, 8 (new).]
C. Coordinate the purchase and use of all department equipment;
[2001, c. 454, §2 (amd).]
D. Review the function and operation of the department to ensure that overlapping functions and operations are eliminated;
and
[2001, c. 454, §2 (amd).]
E. Provide leadership in the implementation of the system of learning results as established in section 6209.
[2001, c. 454, §3 (new).]
[2001, c. 454, §§2, 3 (amd).]
5. Appointment of supervisors. The commissioner may appoint supervisors to assist and direct elementary and secondary teachers to work with school officers
and school boards on request and to perform other duties in the field of education. The salary and necessary traveling expenses
of these supervisors shall be paid from an appropriation for that purpose.
[1981, c. 693, §§5, 8 (new).]
6. Agricultural education consultant. The commissioner shall appoint, subject to the Civil Service Law, an Education Specialist II or agricultural education consultant
to be responsible for supervision of agricultural technical education, including agribusiness and agriculture's relation to
the environment.
[1985, c. 785, Pt. A, §78 (amd).]
7. School nurse coordinator. The commissioner shall appoint a school nurse coordinator with the qualifications and duties defined in section 6401.
[1981, c. 693, §§5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 859,
§A1,A25
(AMD).
PL 1985,
Ch. 142,
§1
(AMD).
PL 1985,
Ch. 785,
§B78
(AMD).
PL 1989,
Ch. 502,
§A49
(AMD).
PL 2001,
Ch. 454,
§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 - §254. Educational duties
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§254. Educational duties
The commissioner shall have the following educational duties.
[1983, c. 693, §§5, 8 (new).]
1. General duty. The commissioner may inspect and have general supervision over all public schools and shall advise and direct superintendents
and school boards in the discharge of their duties, by circular letters and personal conferences.
[1983, c. 693, §§5, 8 (new).]
2. Training and development. The commissioner shall promote the importance of ongoing training and development and encourage initiatives that prepare
school personnel to fully implement the system of learning results as established in section 6209.
[2001, c. 454, §4 (amd).]
3. Contracts for career and technical educational programs. The commissioner may:
A. Contract with a private school for the conduct of vocational courses in accordance with section 3002; and
[1983, c. 693, §§5, 8 (new).]
B. Reimburse the private schools for part of the cost of conducting approved vocational courses from funds available from the
Federal Government for the purpose of career and technical education.
[1983, c. 693, §§5, 8 (new); 2005, c. 397, Pt. D, §3 (rev).]
[1983, c. 693, §§5, 8 (new); 2005, c. 397, Pt. D, §3 (rev).]
4. Superintendent conference. Annually the commissioner shall hold a conference for the instruction of superintendents.
[1983, c. 693, §§5, 8 (new).]
5. Medication. The commissioner shall provide for the administration of medication within schools as follows.
A. The commissioner shall adopt rules for the administration of medication in public or approved private schools, including
the training of unlicensed personnel to administer medication. The rules for training must describe how the department will
provide training at the local level directly to unlicensed personnel in each school administrative unit or approved private
school in the State. Rules adopted pursuant to this section are major substantive rules pursuant to Title 5, chapter 375,
subchapter II-A.
[2001, c. 451, §1 (amd).]
B. Any public or approved private school shall have a written local policy and procedure for administering medication. The
written local policy must include the requirement that all unlicensed personnel who administer medication receive training
before receiving authorization to do so. Compliance with the provisions of this subsection is a requirement for basic school
approval pursuant to sections 2902 and 4502.
[1999, c. 669, §1 (new).]
C. A public school or a private school approved pursuant to section 2902 must have a written local policy authorizing students
to possess and self-administer emergency medication from an asthma inhaler or an epinephrine pen. The written local policy
must include the following requirements.
(1) A student who self-administers an asthma inhaler or an epinephrine pen must have the prior written approval of the student's
primary health care provider and, if the student is a minor, the prior written approval of the student's parent or guardian.
(2) The student's parent or guardian must submit written verification to the school from the student's primary health care
provider confirming that the student has the knowledge and the skills to safely possess and use an asthma inhaler or an epinephrine
pen in school.
(3) The school nurse shall evaluate the student's technique to ensure proper and effective use of an asthma inhaler or an
epinephrine pen in school.
[2003, c. 531, §1 (new).]
[2003, c. 531, §1 (amd).]
6. Other duties. The commissioner shall carry out all other duties assigned in this Title.
[1983, c. 693, §§5, 8 (new).]
7. Clearinghouse for information on nuclear usage. The commissioner shall:
A. Establish a clearinghouse for information on:
(1) The history of the development and deployment of nuclear weapons and industrial nuclear usage in the world;
(2) The evolution of the buildup of nuclear armaments and industrial nuclear usage;
(3) The overall consequences of the large scale use of nuclear weapons and industrial nuclear power; and
(4) Strategies to prevent and avert thermonuclear exchange;
[1983, c. 739 (new).]
B. Collect educational materials, including teaching aids, books and films, on the topics covered in paragraph A;
[1983, c. 739 (new).]
C. On request of a school administrative unit or private school, disseminate or loan the information and materials developed
in paragraphs A and B and provide indirect consultation and referral services to teachers, administrators, students and adult
education programs in the school unit or private school; and
[1983, c. 739 (new).]
D. Conduct periodic review of the availability and use of the clearinghouse information and resources and make findings and
recommendations to the Legislature at the start of the Second Regular Session of the 112th Legislature.
[1983, c. 739 (new).]
[1983, c. 739 (new).]
8. Model hiring procedure. By January 1, 1991, the commissioner, in collaboration with organizations representing school boards, school administrators,
teachers and other interested parties, shall develop a model hiring procedure for school administrators. The counsel for
the Maine Human Rights Commission appointed under Title 5, section 4566, subsection 3, shall review the model hiring procedure.
[1995, c. 625, Pt. A, §21 (amd).]
9. Statewide goal. The commissioner, in cooperation with organizations representing school boards, school administrators, teachers and other
interested parties, shall set a statewide target goal for the 5 years following the effective date of this subsection for
the employment of women in positions requiring administrator certification. The commissioner shall review and update the
target goal after 2 years and 4 years.
[1995, c. 625, Pt. A, §21 (amd).]
10. Gender equity. The commissioner shall provide technical assistance in the area of gender equity to school administrative units, monitor
progress in attaining the goal established under subsection 9, promote communication between professional groups concerning
gender equity and initiate program development in the area of gender equity.
[1989, c. 889, §3 (new).]
11. Statewide standards for behavior. In consultation with organizations representing school boards, school administrators, teachers, parents and other interested
local officials and community members, the commissioner shall develop statewide standards for responsible and ethical student
behavior. The standards must require annual reporting of incidents of violent and harmful behavior by or against students
to the department by school administrative units. The department shall provide forms for reporting.
[1999, c. 351, §1 (new).]
12. Technical assistance and statewide standards for reintegration planning. In consultation with juvenile correctional officials, juvenile community corrections officers, organizations representing
school boards, school administrators, teachers and parents and other interested local officials and community members, the
commissioner shall develop a program of technical assistance and establish statewide standards for reintegration planning
and transition services for juvenile offenders who are discharged from juvenile correctional facilities in the State, who
have been enrolled in educational programs or schools for juveniles located in or operated by correctional facilities and
who are transferring to schools located within local school administrative units in the State. The technical assistance and
standards must include, but may not be limited to:
A. Timely presentation of student educational records pursuant to section 6001-B and other appropriate information, including
confidential criminal justice information regarding juveniles pursuant to section 1055, subsections 11 and 12;
[2001, c. 452, §3 (new).]
B. The level and scope of technical assistance to be provided by the department to local school officials and the level and
scope of training that local school administrative units must provide to school personnel who may have access to confidential
criminal justice information regarding juveniles pursuant to section 1055, subsections 11 and 12; and
[2001, c. 452, §3 (new).]
C. Annual reporting to the department by superintendents of the number of juvenile offenders who are released or discharged
from juvenile correctional facilities in the State and who enroll in schools located within their local school administrative
units. The department shall provide forms for reporting.
[2001, c. 452, §3 (new).]
[2001, c. 452, §3 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 739,
§
(AMD).
PL 1989,
Ch. 889,
§3
(AMD).
PL 1995,
Ch. 625,
§A21
(AMD).
PL 1999,
Ch. 351,
§1
(AMD).
PL 1999,
Ch. 669,
§1
(AMD).
PL 2001,
Ch. 451,
§1
(AMD).
PL 2001,
Ch. 452,
§3
(AMD).
PL 2001,
Ch. 454,
§4
(AMD).
PL 2003,
Ch. 531,
§1
(AMD).
PL 2005,
Ch. 397,
§D3
(REV).
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 - §255. School administrative unit; reports, records, information
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§255. School administrative unit; reports, records, information
1. Pamphlet of laws. The commissioner shall:
A. Compile the amended school laws of the State in pamphlet form and distribute them to municipal and school officers; and
[1981, c. 693, §§5, 8 (new).]
B. Prepare and issue biennially, with such content as the commissioner deems appropriate, circulars of information and advice
to school officers relating to new school laws.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new).]
2. Record books. The commissioner shall furnish to the school officers of each school administrative unit proper blank books in which they
shall keep complete and itemized records of all matters relating to moneys appropriated, received and expended for schools.
These books shall remain the property of the State.
[1981, c. 693, §§5, 8 (new).]
3. Forms. The commissioner shall:
A. Prepare and print forms for all returns required by law or deemed necessary by the commissioner;
[1981, c. 693, §§5, 8 (new).]
B. On March 1st, forward to each superintendent forms for the annual school return as provided in section 6004; and
[1981, c. 693, §§5, 8 (new).]
C. On May 1st, forward to each superintendent forms for the returns required by sections 6051 and 6052.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new).]
4. Maintaining records. The commissioner shall preserve all school reports of this State and of other states which the commissioner may receive,
the returns from the various municipalities and institutions of learning and books, apparatus, maps, charts, works on education,
plans for school buildings, models and other articles of interest to school officers and teachers as may be obtained without
expense to the State.
[1983, c. 862, §51 (amd).]
5. Information. The commissioner shall:
A. Obtain information on school system in this State and other states and other countries and the condition and progress of
public education throughout the world;
[1983, c. 859, Pt. B, §§1, 4 (amd).]
B. Disseminate this information, with practical hints upon the conduct of schools, improved systems of instruction and the
true theory of education by public addresses, circulars and articles prepared for the press;
[1981, c. 693, §§5, 8 (new).]
C. Disseminate this information by outlines, suggestions and directions concerning the management, discipline and methods employed
in teaching to teachers and school officers of the State; and
[1981, c. 693, §§5, 8 (new).]
D. Do all in the commissioner's power to awaken and sustain an interest in education among the people and to stimulate school
officers, teachers and other educational personnel to well directed efforts in their work.
[1983, c. 859, Pt. B, §§2, 4 (amd).]
[1983, c. 859, §§1, 2 and 4 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§1,2
(AMD).
PL 1983,
Ch. 859,
§B1-B2,B4
(AMD).
PL 1983,
Ch. 862,
§51
(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 - §256. Miscellaneous duties
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§256. Miscellaneous duties
1. Report to Governor and Legislature. The commissioner shall prepare and deliver to the Governor and Legislature an annual report on the status of public education
in the State regarding the implementation of the system of learning results as established in section 6209, including any
suggestions and recommendations to improve public education and including the reporting requirements of section 13506, subsection
3-A. This annual report must also include a description of the activities and accomplishments of the state board.
The commissioner shall include in the annual report a listing of requests by school districts for affirmative action workshops
and an assessment of the department's ability to meet past and projected demand for in-service training related to affirmative
action or gender equity.
The commissioner may be invited by the Speaker of the House of Representatives and the President of the Senate annually, in
January, to appear before a joint session of the Legislature to address the Legislature on the status of public education
in the State and such related matters as the commissioner desires to bring to the Legislature's attention.
[2001, c. 454, §5 (amd).]
2. Joining educational organizations. The commissioner may authorize the department to join educational organizations and associations, both within and outside
the State, when that membership will increase the efficiency or progress of education within the State.
[1983, c. 806, §4 (amd).]
3. Limit on authority.
[1989, c. 700, Pt. B, §14 (rp).]
4. Control of gift-established schools. The commissioner shall:
A. Assume the control and management of all public schools established and maintained by gifts or bequests, when the gifts
or bequests are conditioned on the commissioner assuming that control and management; and
[1981, c. 693, §§5, 8 (new).]
B. Carry out the provisions on which those gifts or bequests are conditioned, when those conditions are approved by the Governor.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new).]
5. Duties imposed by charters. The commissioner shall perform all duties assigned by charter granted by the Legislature to an educational institution.
[1981, c. 693, §§5, 8 (new).]
6. Central information system. The department shall include in the department's annual budget funds necessary to initiate and maintain a central information
system on resources for people with disabilities. The system should be community-based and developed with substantial participation
by people with disabilities.
[1989, c. 518, Pt. A, §1 (new).]
7. Women in administration; data; report. The commissioner shall compile data annually on the number of women holding administrative positions requiring certification
and shall report the data annually, on or before January 1st, to the Maine Human Rights Commission and the joint standing
committee of the Legislature having jurisdiction over educational matters.
[1989, c. 889, §5 (new).]
8. Gifts and donations.
[1995, c. 676, §4 (rp); §13 (aff).]
9. Collection of fees.
[1995, c. 676, §4 (rp); §13 (aff).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§3,4
(AMD).
PL 1983,
Ch. 859,
§B3,B4
(AMD).
PL 1983,
Ch. 860,
§1
(AMD).
PL 1985,
Ch. 505,
§1
(AMD).
PL 1985,
Ch. 763,
§A76
(AMD).
PL 1987,
Ch. 395,
§A46
(AMD).
PL 1989,
Ch. 518,
§A1
(AMD).
PL 1989,
Ch. 700,
§B14
(AMD).
PL 1989,
Ch. 889,
§4,5
(AMD).
PL 1991,
Ch. 528,
§I1
(AMD).
PL 1991,
Ch. 528,
§RRR
(AFF).
PL 1991,
Ch. 591,
§I1
(AMD).
PL 1995,
Ch. 676,
§13
(AFF).
PL 1995,
Ch. 676,
§4
(AMD).
PL 2001,
Ch. 454,
§5
(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 - §257. High school equivalency diplomas
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§257. High school equivalency diplomas
1. Issuance of diploma. The commissioner shall issue a high school equivalency diploma to a person who:
A. Is at least 18 years of age, if that person:
p align="center"> (1) Has completed a formal training program approved by the commissioner; and
p align="center"> (2) Has demonstrated, through procedures prescribed by the commissioner, attainment of a general educational development
comparable to that of a secondary school graduate; or
[1991, c. 662, §1 (rpr).]p align="center">B. Is 17 years of age, if that person:
p align="center"> (1) Has not been in attendance for one year or more at a public school or a private school approved by the department pursuant
to chapter 117, or has documented an immediate need for a high school equivalency diploma to the superintendent of schools
for the school administrative unit in which that person resides, and has received written approval for the issuance of a high
school equivalency diploma from the superintendent;
p align="center"> (2) Has completed a formal training program approved by the commissioner; and
p align="center"> (3) Has demonstrated, through procedures prescribed by the commissioner, attainment of a general educational development
comparable to that of a secondary school graduate.
[1991, c. 662, §1 (rpr).]p align="center">C.
[1991, c. 662, §1 (rp).]p align="center">D.
[1991, c. 662, §1 (rp).]p align="center">E.
[1991, c. 662, §1 (rp).]p align="center">The commissioner shall issue a diploma authorized by this subsection upon compliance with the requirements of this subsection
or as soon thereafter as possible.
[1991, c. 662, §1 (rpr).]
2. Equivalency diploma status. High school equivalency diplomas have the legal status of high school diplomas.
[1991, c. 662, §1 (rpr).]
3. Fees. A fee may not be charged for the issuance of any high school equivalency diploma to residents of the State.
[1991, c. 662, §1 (rpr).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 151,
§
(AMD).
PL 1983,
Ch. 806,
§5
(AMD).
PL 1985,
Ch. 774,
§3
(AMD).
PL 1989,
Ch. 525,
§1
(AMD).
PL 1991,
Ch. 662,
§1
(RPR).
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 - §258-A. Inspection of schools
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§258-A. Inspection of schools
1. Petition or request. The commissioner shall inspect a school or schools in a school administrative unit and report the findings and recommendations
to the school board, addressing the concerns of the petition in light of applicable school approval standards, when:
A. Petitioned by 60% of the parents of the children of one school;
[1983, c. 859, Pt. A, § § 3, 25 (new).]
B. Requested by the school board or superintendent of schools; or
[1983, c. 859, Pt. A, § § 3, 25 (new).]
C. Petitioned by 20% of the registered voters of the unit.
[1983, c. 859, Pt. A, § § 3, 25 (new).]
[1983, c. 859, Pt. A, § § 3, 25 (new).]
2. Periodic reviews. The commissioner shall periodically review all public schools and all private schools which receive public funds, to determine
their compliance with the applicable provisions of this Title.
[1983, c. 859, Pt. A, § § 3, 25 (new).]
3. Special reviews. The commissioner shall fulfill the monitoring functions required by any state or federal grants to school units or schools.
[1983, c. 859, Pt. A, § § 3, 25 (new).]
4. Private schools. The commissioner may, as a condition of approval, inspect any private school which applies for approval status.
[1983, c. 859, Pt. A, § § 3, 25 (new).]
Section History:
PL 1983,
Ch. 859,
§A3,A25
(NEW).
PL 1985,
Ch. 142,
§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 - §258-B. Air quality testing
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§258-B. Air quality testing
1. Petition percentage. A request for an inspection of schools to test air quality is subject to the criteria established in section 258-A, except
that a petition by 50% of the parents of the children of one school is sufficient to initiate an inspection by the commissioner.
[1995, c. 338, §1 (new).]
2. Notify citizens. The commissioner shall direct superintendents to notify any citizen who requests an inspection of school facilities of the
petition process for requesting such an inspection under this section and section 258-A.
[1995, c. 338, §1 (new).]
Section History:
PL 1995,
Ch. 338,
§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 - §258. Inspection of schools (REPEALED)
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§258. Inspection of schools (REPEALED)
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§6
(AMD).
PL 1983,
Ch. 859,
§A2,A25
(RP ).
PL 1985,
Ch. 142,
§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 - §259. Student performance evaluation plan (REPEALED)
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§259. Student performance evaluation plan (REPEALED)
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 859,
§D2,D4
(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 - §260. Early elementary, kindergarten to grade 3, school assistance program (REPEALED)
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§260. Early elementary, kindergarten to grade 3, school assistance program (REPEALED)
Section History:
PL 1983,
Ch. 859,
§K2,K7
(NEW).
PL 1985,
Ch. 295,
§28
(AMD).
PL 1993,
Ch. 252,
§E2
(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 - §261. Schooling privileges
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§261. Schooling privileges
The commissioner may adopt rules regarding tuition charges, accounting, audits, contracts and other aspects of schooling privileges
between receiving schools approved for tuition purposes and sending school administrative units.
[1985, c. 797, §9 (new).]
div>
The commissioner may adopt rules to implement statutory policies regarding student residency, the right of a student to attend
school in another administrative unit, homeless students and other exceptions to the general residency rules. Rules adopted
by the commissioner pursuant to this section shall take precedence over any inconsistent or conflicting rules adopted by a
school board pursuant to section 5201, subsection 4.
[1991, c. 608, §2 (amd).]
Section History:
PL 1985,
Ch. 797,
§9
(NEW).
PL 1989,
Ch. 415,
§2
(AMD).
PL 1991,
Ch. 608,
§2
(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 - §262. Violence prevention and intervention
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§262. Violence prevention and intervention
The commissioner shall provide technical assistance to school administrative units that request assistance in the provision
of violence prevention and intervention training programs for teachers, school staff and students. The assistance must emphasize
conflict resolution education, peer mediation and early identification and response to signs of violence.
[1999, c. 781, §1 (new).]
Section History:
PL 1999,
Ch. 781,
§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 - §263. Response to school bomb threats
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 3: DEPARTMENT OF EDUCATION
Subchapter 2: COMMISSIONER
§263. Response to school bomb threats
1. Prototype guidelines, policies and protocols. The commissioner, in consultation with state and local emergency services officials and representatives of school personnel
and school board members, shall develop prototypical guidelines, policies and protocols for school administrative units to
present to their communities when those communities are considering implementing local policies that concern prevention of
and response to school bomb threats. The prototypical guidelines, policies and protocols developed by the commissioner must
be made available to all schools in the State no later than December 31, 2001.
[2001, c. 67, §1 (new).]
2. Reporting of school bomb threats. Beginning with the 2001-2002 school year, all public schools and private schools enrolling more than 60% of their students
at public expense in the State must report each bomb threat incident to the commissioner. The initial report must be made
to the office of the superintendent within the school administrative unit or to the headmaster of the private school. The
office of the superintendent or headmaster receiving a report of a bomb threat at a school must report that threat to the
commissioner within 2 business days of the occurrence of the bomb threat. The commissioner shall report annually on the nature,
frequency and impacts of school bomb threats in the State's schools to the joint standing committee of the Legislature having
jurisdiction over education matters.
[2001, c. 67, §1 (new).]
Section History:
PL 2001,
Ch. 67,
§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 04333-0007
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