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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 05. STATE BOARD OF EDUCATION
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Title 20-A - §401-A. Responsibilities of the State Board of Education
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 5: STATE BOARD OF EDUCATION
§401-A. Responsibilities of the State Board of Education
The State Board of Education is intended to act as a body with certain policy-making, administrative and advisory functions.
In those capacities, the board has the primary responsibility for the following:
[1987, c. 395, Pt. A, § 47 (new).]
1. Formulating policy. Formulating policy by which the commissioner shall administer certain regulatory tasks;
[1987, c. 395, Pt. A, § 47 (new).]
2. Advising commissioner. Advising the commissioner in the administration of all the mandated responsibilities of that position; and
[1987, c. 395, Pt. A, § 47 (new).]
3. Enforcing regulatory requirements. Enforcing regulatory requirements for school administrative units.
[1987, c. 395, Pt. A, § 47 (new).]
Section History:
PL 1987,
Ch. 395,
§A47
(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 - §401. State Board of Education
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 5: STATE BOARD OF EDUCATION
§401. State Board of Education
The State Board of Education is established by Title 5, section 12004-C, subsection 1. The State Board of Education shall
be an autonomous body and shall maintain an office in Augusta. The appointments, terms and expenses of the State Board of
Education members shall be as follows.
[1989, c. 503, Pt. B, §72 (amd).]
1. Appointment. The state board shall consist of 9 members who shall be appointed by the Governor. Each appointment shall be subject to
review by the joint standing committee having jurisdiction over education and to confirmation by the Legislature.
[1981, c. 693, §§5, 8 (new).]
2. Composition. The membership of the state board shall be broadly representative of the public and the regions of the State. A person
whose income is derived in substantial portion from work as a teacher or as an administrator in an educational institution
may not be eligible for appointment to or service on the state board. Members must have strong interest in and knowledge
of education.
[1987, c. 851, §2 (amd).]
3. Expenses. Members of the state board shall be compensated according to the provisions of Title 5, chapter 379; a member shall receive
compensation whenever that member fulfills any board duties in accordance with board bylaws.
[1987, c. 851, §3 (amd).]
4. Term. The term of office of each member is 5 years. A person may not serve more than any 2 5-year terms. A vacancy must be filled
for the remainder of the unexpired term. The state board shall promulgate rules in accordance with the Maine Administrative
Procedure Act, Title 5, chapter 375, which establishes the procedure and criteria by which the state board may recommend to
the Governor the removal of a member from office prior to completion of the term of appointment for failure to perform the
duties of office.
[2005, c. 16, §1 (amd).]
5. Assistance. The department shall provide staff assistance to the state board in carrying out its functions.
[1987, c. 851, §5 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 812,
§101,102
(AMD).
PL 1987,
Ch. 851,
§1-5
(AMD).
PL 1989,
Ch. 503,
§B72
(AMD).
PL 2005,
Ch. 16,
§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 - §402. Organization; meetings
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 5: STATE BOARD OF EDUCATION
§402. Organization; meetings
The state board shall organize and meet as follows.
[1981, c. 693, § § 5, 8 (new).]
1. Organization. The state board shall organize annually by electing one of their members as chairman and one as vice-chairman. They may
also elect other officers.
[1981, c. 693, § § 5, 8 (new).]
2. Meetings. Meetings of the state board shall be held at least quarterly on call of the chairman or the commissioner on 5 days' written
notice to members. If both the chairman and commissioner are absent, or refuse to call a meeting, any 3 members of the state
board may call a meeting by similar notices in writing.
[1987, c. 395, Pt. A, § 48 (amd).]
3. Quorum. A majority of the state board members shall be a quorum.
[1981, c. 693, § § 5, 8 (new).]
4. Rules. The state board may adopt or amend rules for meeting procedures and administration of its duties.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 395,
§A48
(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 - §403. Seal
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 5: STATE BOARD OF EDUCATION
§403. Seal
The state board shall adopt a seal. The seal may be used by the commissioner to authenticate documents or copies of documents.
[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 - §404. Records
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 5: STATE BOARD OF EDUCATION
§404. Records
The state board shall be responsible for the following records.
[1987, c. 395, Pt. A, § 49 (amd).]
1. Records. The state board shall keep a complete record of the minutes of its meetings and other procedures.
[1987, c. 851, §6 (amd).]
2. Report.
[1987, c. 395, Pt. A, § 49 (rp).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 395,
§A49
(AMD).
PL 1987,
Ch. 851,
§6
(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 - §405. Powers and duties
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 5: STATE BOARD OF EDUCATION
§405. Powers and duties
The state board shall have the following powers and duties.
[1981, c. 693, §§5, 8 (new).]
1. General authority. The state board shall have only the powers specifically stated in this Title.
[1981, c. 693, §§5, 8 (new).]
2. Advisory role. The state board shall advise the commissioner concerning matters contained in this Title.
[1981, c. 693, §§5, 8 (new).]
3. Specific duties. The state board shall have the following specific powers and perform the following duties:
A. Make recommendations to the Legislature for the efficient conduct of the public schools;
[1981, c. 693, §§5, 8 (new).]
B. Approve the formation of school administrative districts;
[1981, c. 693, §§5, 8 (new).]
C.
[1985, c. 497, §3 (rp).]
D. Review, when necessary, decisions made by the commissioner on applications for additions to, dissolution of, transfers among,
withdrawals from and closing of schools in school administrative districts and community school districts;
[1987, c. 395, Pt. A, §50 (amd).]
E. Adopt or amend rules on requirements for approval and accreditation of elementary and secondary schools;
[1981, c. 693, §§5, 8 (new).]
F. Establish standards for the certification of teachers;
[1981, c. 693, §§5, 8 (new).]
G. Adjust the subsidy to a school administrative unit when the expenditures for education in the unit show evidence of manipulation
to gain an unfair advantage or are adjudged excessive;
[1981, c. 693, §§5, 8 (new).]
H. Act on articles of agreement for creation of an interstate school district;
[1981, c. 693, §§5, 8 (new).]
I. Develop and adopt a plan for the establishment of career and technical education centers and regions and act upon applications
to alter the delivery of career and technical education within career and technical education regions and center areas;
[RR 2003, c. 2, §32 (cor).]
J. Adopt or amend rules on standards for school construction;
[1981, c. 693, §§5, 8 (new).]
K. Approve projects for state construction aid;
[1981, c. 693, §§5, 8 (new).]
L. Approve the formation of community school districts;
[1981, c. 693, §§5, 8 (new).]
M. Approve isolated secondary schools;
[1981, c. 693, §§5, 8 (new).]
N. Obtain information regarding applications for granting degrees and make a recommendation to the Legislature;
[1981, c. 693, §§5, 8 (new).]
O. Recommend funds to the Bureau of the Budget for equalization of educational opportunity;
[1993, c. 290, §1 (amd).]
P.
[1989, c. 698, §12 (rp); §76 (aff).]
Q. Serve as state agency for administering federal funds for construction of school facilities and for career and technical
education;
[RR 2003, c. 2, §33 (cor).]
R.
[1985, c. 797, §11 (rp).]
S. Develop long-range education goals and standards for school performance and student performance to improve learning results
as established in section 6209 and recommend to the commissioner and to the Legislature a plan for achieving those goals and
standards;
[2001, c. 454, §6 (amd).]
T. Establish and maintain a 5-year plan for education that includes goals and policies for the education of children in kindergarten
and grades one to 12 and that promotes services for preschool children. The plan must incorporate and build upon the work
of the Task Force on Learning Results, established in Public Law 1993, chapter 290 and the federal GOALS 2000: Educate America
Act;
[1995, c. 395, Pt. J, §4 (new).]
U. Review the organization of school administrative units statewide to identify current cooperative agreements between school
administrative units. Cooperative agreements may include, but are not limited to: purchasing or contract agreements; administrative
functions; shared staff and staff training; and technology initiatives. Based on the review, and in consultation with the
department, the state board may require that school administrative units develop and carry out a plan for a cooperative agreement
with one or more other school administrative units. "Cooperative agreement" may include agreements between school administrative
units and career and technical education regions and career and technical education centers; and
[1995, c. 395, Pt. J, §4 (new); 2003, c. 545, §5 (rev).]
V. Study school consolidation statewide, develop a school consolidation plan that includes criteria for evaluating opportunities
for consolidation and, if desirable, develop a time line for implementation.
[1995, c. 395, Pt. J, §4 (new).]
[RR 2003, c. 2, §§32, 33 (cor).]
4. Review of department decisions.
[1987, c. 395, Pt. A, §51 (rp).]
5. Overseeing school administrative districts.
[1987, c. 395, Pt. A, §52 (rp).]
6. Recommendations to Legislature. The state board shall recommend to the Legislature any new legislation or amendments to existing legislation for the efficient
conduct of the public schools and for achieving the education and performance goals and standards and the plan for the public
schools developed in accordance with subsection 3, paragraph S.
[1993, c. 290, §4 (amd).]
7. Federal career and technical education aid. The state board shall administer any federal funds received for the benefit of career and technical education programs in
the State. As the designated state agency authorized to administer federal funds, the board shall develop a state plan, approve
the State's application for career and technical education funds and disburse federal money as authorized and required by
applicable federal law.
[1993, c. 349, §44 (amd); 2003 c. 545, §4 (rev).]
8. Maine Merchant Marine Day. Maine Merchant Marine Day is May 22nd as established in Title 1, section 127.
[1987, c. 140, §2 (new).]
9. Contract for services. The state board may contract for any necessary consultative services or support staff.
[1987, c. 851, §7 (new).]
10. Comprehensive school budget approval procedure. The state board shall develop a model comprehensive school budget approval procedure and, working in conjunction with the
department, strongly encourage school administrative units to adopt and implement the model as local school board policy.
The model procedure must be designed to provide early and continuous collaboration between school officials and municipal
officials and to encourage frequent opportunity for public comment in the development of each unit's annual budget.
[1999, c. 710, §1 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§7
(AMD).
PL 1985,
Ch. 497,
§3
(AMD).
PL 1985,
Ch. 785,
§B79
(AMD).
PL 1985,
Ch. 797,
§10-12
(AMD).
PL 1987,
Ch. 140,
§2
(AMD).
PL 1987,
Ch. 395,
§A50-A52
(AMD).
PL 1987,
Ch. 851,
§7
(AMD).
PL 1989,
Ch. 698,
§11,12
(AMD).
PL 1993,
Ch. 290,
§1-4
(AMD).
PL 1993,
Ch. 349,
§44
(AMD).
PL 1995,
Ch. 395,
§J2-4
(AMD).
PL 1999,
Ch. 710,
§1
(AMD).
PL 2001,
Ch. 454,
§6
(AMD).
PL 2003,
Ch. 545,
§4,5
(REV).
RR 2003,
Ch. 2,
§32,33
(COR).
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 - §406. Rules
Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Chapter 5: STATE BOARD OF EDUCATION
§406. Rules
The state board may adopt rules to carry out its responsibilities under 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 04333-0007
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