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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 101. GENERAL PROVISIONS
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Title 20-A - §1001. Duties of school boards
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 101: GENERAL PROVISIONS
Subchapter 1: SCHOOL BOARDS
§1001. Duties of school boards
School boards shall perform the following duties.
[1981, c. 693, §§5, 8 (new).]
1. General duties. They shall have the duties prescribed to them in this Title.
[1981, c. 693, §§5, 8 (new).]
1-A. Adoption of policies. They shall adopt policies that govern the school administrative units.
[2001, c. 588, §4 (new).]
2. Management of school property. They are responsible for the management of the schools and shall provide for their custody and care, including repairs and
insurance on school buildings and all school property in the school administrative units.
[2001, c. 588, §5 (amd).]
3. Selection of superintendent. They shall select a superintendent in accordance with section 1051 to carry out the duties specified in section 1055.
[2001, c. 588, §5 (amd).]
4. No prohibition on use for political activity. The use of school buildings may not be denied to a person solely because use is requested for a political activity.
[1981, c. 693, §§5, 8 (new).]
5. Insurance premiums and employee benefits. They may:
A. Pay the premiums on life, health, dental, disability, accident, hospitalization, major medical and such other types of insurance
as may be provided to employees and their families from time to time;
[1989, c. 425, §1 (new).]
B. Provide direct reimbursement of the costs incurred by employees and their family members pursuant to a direct reimbursement
plan for dental costs, including endodontic, periodontic and orthodontic costs, provided that reimbursement of orthodontic
costs shall be limited to 60% of the plan participant's costs.
(1) Prior to the commencement of operation of any such direct reimbursement plan or program, the school board shall adopt
guidelines which embody a funding mechanism adequate to the financial needs of the plan or program and shall provide for the
fixed costs of operations of the plan for the first prospective fund year. A reasonable amount sufficient to satisfy immediate
claims costs shall be held in a segregated account to be used solely for this purpose.
(2) The school board or other legal entity establishing a plan or program for the purpose of direct reimbursement pursuant
to this paragraph, whether or not a body corporate, may with respect to the plan or program sue or be sued; make contracts;
hold and dispose of real property; borrow money, contract debts and pledge assets in the name of the plan; and perform such
other actions incidental to this subparagraph as necessary.
(3) The plan or program may be established as a separate legal or administrative entity.
(4) The legal entity which establishes a plan or program which provides coverage for more than one school administrative
unit with respect to the benefits authorized in this paragraph shall adopt a plan of management which, at a minimum, provides
the following:
(a) The means of establishing and maintaining a governing authority of the program, including the selection of a governing
authority, which shall be a board of directors or trustees for the plan, a majority of whom shall be from the participating
school administrative unit or units;
(b) That the governing authority has the responsibility with regard to fixing contributions to the plan, maintaining reserves,
levying and collecting assessments for deficiencies, disposing of surplus and administering the plan in the event of its termination,
liquidation or insolvency;
(c) The identification of funds and reserves by the type of benefit provided and exposure area;
(d) The basis upon which new members may be admitted to and existing members may leave the plan;
(e) That any member of a group plan or pool established for more than one school administrative unit shall prepay to the
plan administrator an initial deposit equal to 25% of the annual contribution before coverage is effective;
(f) Other provisions as necessary or desirable for the operation of the plan;
(g) A provision that if the assets set aside in any group plan for more than one school administrative unit are at any time
determined to be insufficient to enable the plan to discharge its legal liabilities and other obligations and to maintain
sound reserves for the provision of the employee benefits provided by the plan, the governing authority shall within 90 days
satisfy the deficiency or levy a prorated assessment upon the participating school administrative unit or units for the amount
needed to satisfy the deficiency. The agreement among school administrative units in the group plan shall provide sanctions
for failure to comply with a mandatory assessment under this subparagraph;
(5) Prior to the operation of any group or pool plan for more than one school administrative unit, the governing authority
shall adopt underwriting guidelines which embody rate charges to prospective members at a level adequate to its financial
needs and shall provide for the fixed costs of operations for the first prospective fund year. An amount sufficient to reasonably
meet immediate claims costs shall be held in a segregated account to be used solely for this purpose. Funds determined to
be necessary to fund the program on an ongoing basis shall also be held in a segregated account;
(6) Each group plan or pool established for more than one school administrative unit shall file with its members, by the
last day of the 6th month following the end of the fiscal year, audited financial statements certified by an independent certified
public accountant. The financial statement shall include, but is not limited to:
(a) Appropriate reserves for known claims and expenses associated with those claims;
(b) Claims incurred but not reported and expenses associated with those claims;
(c) Unearned contributions; and
(d) Reserve for bad debts.
The audited financial statement shall include information concerning the adequacy of the plan. This report shall result from
a charge by the directors to the plan's actuary and auditor and shall address excess insurance, charges for coverage to members,
service agents' costs and costs of administration of the program.
Two additional copies of the audited financial statements shall be filed with the Superintendent of Insurance.
If a group plan or pool established for more than one school administrative unit fails to provide for the audited financial
statements required, the Superintendent of Insurance shall perform or cause to be performed the audit. The group plan or
pool shall reimburse the Superintendent of Insurance for the cost of the audit; and
(7) Any reimbursement plan or program for the provision of the employee benefits established and operated pursuant to this
paragraph is not an insurance company, reciprocal insurer or insurer under the laws of this State and the development, administration
and provision of such plans and programs does not constitute doing an insurance business;
[1989, c. 425, §1 (new).]
C. Pay premiums on liability insurance for employees and school officials; and
[1989, c. 425, §1 (new).]
D. Provide such other employee benefits, directly or indirectly, to their employees as any school board determines from time
to time, upon such terms and conditions and in such manner as the school board determines, subject to the requirements of
all applicable laws.
[1989, c. 425, §1 (new).]
[1989, c. 425, §1 (rpr).]
5-A. Public self-funded pools. They may participate in a public self-funded pool created under Title 30-A, chapter 117.
[1989, c. 878, Pt. B, §17 (amd).]
5-B. Workers' compensation self-insurance. Notwithstanding any other provision of this section, they may participate in or cause their school administrative unit to
participate in a self-insurance program or plan for workers' compensation established under and operated in accordance with
the Maine Workers' Compensation Act of 1992, Title 39-A, chapter 9.
[1991, c. 885, Pt. E, §20 (amd); §47 (aff).]
5-C. Coverage under group health insurance plan for spouse and dependents after death of teacher. If the spouse or other dependents of a teacher as defined in Title 5, section 17001, subsection 42 are covered by a policy
of group health insurance provided by the school board and the teacher dies while employed by the board, the board shall provide
an opportunity for the spouse or dependent to continue coverage under the group policy after the death of the teacher by making
the premium payment for the cost of that coverage. In the case of underage dependent children of the teacher, coverage must
be available at least until the dependent children reach 19 years of age.
[2001, c. 471, Pt. D, §17 (amd); §18 (aff).]
6. Courses of study. They shall adopt the courses of study in alignment with the system of learning results as established in section 6209 and
in accordance with the requirements of this Title.
[2001, c. 588, §6 (amd).]
7. Tuition payment for attendance by those resident on territory ceded to United States. They shall prescribe the tuition for attendance of persons of the required age, resident in territory the jurisdiction of
which has been ceded to the United States, included in or surrounded by the administrative unit.
[1981, c. 693, §§5, 8 (new).]
8. Operate kindergarten and grades 1 to 12. They shall either operate programs in kindergarten and grades 1 to 12 or otherwise provide for students to participate in
those grades as authorized elsewhere in this Title. They shall determine which students shall attend each school, classify
them and transfer them from school to school where more than one school is maintained at the same time.
[1983, c. 859, Pt. K, §§3, 7 (amd).]
9. Students expelled or suspended. Following a proper investigation of a student's behavior and due process proceedings, if found necessary for the peace and
usefulness of the school, they shall expel any student:
A. Who is deliberately disobedient or deliberately disorderly;
[1993, c. 157, §1 (new).]
B. For infractions of violence;
[1993, c. 157, §1 (new).]
C. Who possesses on school property a firearm as defined in Title 17-A, section 2, subsection 12-A or a dangerous weapon as
defined in Title 17-A, section 2, subsection 9 without permission of a school official;
[1997, c. 298, §1 (amd).]
D. Who, with use of any other dangerous weapon as defined in Title 17-A, section 2, subsection 9, paragraph A, intentionally
or knowingly causes injury or accompanies use of a weapon with a threat to cause injury; or
[1993, c. 157, §1 (new).]
E. Who possesses, furnishes or trafficks in any scheduled drug as defined in Title 17-A, chapter 45.
[1993, c. 157, §1 (new).]
A student may be readmitted on satisfactory evidence that the behavior that was the cause of the student being expelled will
not likely recur. The school board may authorize the principal to suspend students up to a maximum of 10 days for infractions
of school rules. In addition to other powers and duties under this subsection, the school board may develop a policy requiring
a student who is in violation of school substance abuse or possession rules to participate in substance abuse services as
provided in section 6606.
[1997, c. 298, §1 (amd).]
9-A. Students expelled or suspended under the requirements of the federal Gun-Free School Zones Act of 1994. The school boards shall adopt a policy for expelling a student who is determined to have brought a firearm, as defined in
18 United States Code, Section 921, to school and for referring the matter to the appropriate local law enforcement agency.
A. A student who is determined to have brought a firearm to school under this subsection must be expelled from school for a
period of not less than one year, except that the school board may authorize the superintendent to modify the requirement
for expulsion of a student on a case-by-case basis. A decision to change the placement of a student with a disability must
be made in accordance with the federal Individuals With Disabilities Education Act, 20 United States Code, Section 1400 et
seq.
[1995, c. 322, §5 (new).]
B. Nothing in this subsection prevents a school board from:
(1) Offering instructional activities related to firearms or from allowing a firearm to be brought to school for instructional
activities sanctioned by the district; or
(2) Providing educational services in an alternative setting to a student who has been expelled.
[1995, c. 322, §5 (new).]
C. In accordance with the proper investigation and due process provisions required in subsection 9, a principal may suspend
immediately for good cause a student who is determined to have brought a firearm to school under this subsection.
[1995, c. 322, §5 (new).]
[1995, c. 322, §5 (new).]
9-B. Disciplinary sanctions for exceptional students. They retain the authority to sanction an exceptional student as defined in section 7001, subsection 2 for misconduct that
violates school rules. Notwithstanding the duties of school administrative units as described in section 7202, the school
board may authorize the superintendent, principal or assistant principal to enforce this subsection by allowing the superintendent,
principal or assistant principal to suspend an exceptional student up to a maximum of 10 days individually or cumulatively
for infractions of school rules. When an exceptional student is suspended for 10 days or less individually or cumulatively
within a school year for a violation of school rules, the school board is not required to provide a tutor, transportation
or any other aspect of the student's special education program. Discipline of exceptional students must be consistent with
the requirements of the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1415(k).
[1999, c. 424, Pt. A, §1 (amd).]
10. Physiology and hygiene.
[1983, c. 859, Pt. C, §§2, 7 (rp).]
10-A. Educational materials. They shall adopt a policy governing the selection of educational materials and may approve educational materials.
[2001, c. 588, §7 (amd).]
11. Persons not immunized excluded.
[1983, c. 862, §52 (rp).]
11-A. Exposure to communicable disease. They shall adopt a policy for enforcement by the superintendent to safeguard the health of any student or employee who has
contracted or been exposed to a communicable disease, in accordance with sections 6301, 6351-A and 6551, and Title 22, chapter
251.
[1983, c. 661, §2 (new).]
12. Salaries of persons absent. They may adjust the salaries of teachers, principals and other persons legally employed by them who are compelled to be
absent from their school duties. No reduction in pay may be made if absence is caused by the bona fide observance of designated
holidays in the church of their faith. This subsection and section 13604 shall apply only in cases of persons who are employed
on yearly contracts or on tenure of service and who hold the legal qualifications necessary for the positions.
[1981, c. 693, §§5, 8 (new).]
13. Nondiscriminatory hiring. They shall develop a nondiscriminatory hiring practice for positions requiring administrator certification. That hiring
practice must include:
A. Creation or reassessment of job descriptions;
[1989, c. 889, §6 (new).]
B. Clearly stated criteria for positions; and
[1989, c. 889, §6 (new).]
C. An interview format that includes questions based on job descriptions and stated criteria.
[1989, c. 889, §6 (new).]
[1989, c. 889, §6 (new).]
14. Insurance purchase by competitive bidding. Except as otherwise provided by waiver, a school board shall oversee the purchasing of insurance by competitive bidding.
On each insurance policy, a competitive bid must be sought at least once every 5 years. To take advantage of commercial
package policies in the marketplace, a school board shall group qualifying lines of insurance into a single competitive bid
process. Each policy secured by competitive bidding must be issued with a 3-year policy term or, if this is not possible,
a commitment for 3 one-year policy terms must be secured with an option for 2 additional one-year policy terms, subject to
annual review and adjustment.
A. The requirement of competitive bidding may be waived by a school board when:
(1) In the opinion of the school board, an emergency exists that requires the immediate procurement of insurance. The emergency
may include the premature cancellation of an existing policy or acquisition of a risk that can not be added to an existing
policy, including the signing of a lease. However, at the next renewal of the policy, procurement of insurance is subject
to competitive bidding;
(2) After reasonable investigation by the school board, it appears that the required insurance is procurable from only one
source;
(3) It appears to be in the best interest of the school board to negotiate for the procurement of an excess insurance line;
(4) The line of insurance is workers' compensation or an employee benefit such as life, disability or health insurance in
accordance with subsection 5; or
(5) The school board is in a municipal school unit and school insurance and municipal insurance are purchased as a package
through competitive bidding by the municipal government.
[1993, c. 423, §1 (new).]
B. A registry of bidders must be maintained by the school board. Invitations to bid or proposals must be sent to a registry
of bidders on file with the school board. Insurance agents or brokers licensed by the Bureau of Insurance and risk pools
authorized under Title 24-A or Title 30-A, chapter 117 desiring to have their names entered on a registry of bidders shall
submit to the school board in writing a request for such action. The name of a bidder entered in a registry who fails to
submit a bid on 3 consecutive proposals or invitations to bid may be removed from the registry at the discretion of the school
board.
[1993, c. 423, §1 (new).]
C. "Competitive bidding" means the following multistep process.
(1) At least 4 months before the expiration date of the policy for which bids are being solicited, a prequalification questionnaire,
referred to in this paragraph as the "questionnaire," must be developed by the school board for the purpose of prequalifying
bidders. The questionnaire must contain at a minimum:
(a) Questions on the bidder's insurance knowledge, educational background, licensing, errors and omissions insurance, experience
with public entities, experience with school systems and number of years in business. The questionnaire must state that qualified
bidders must be insurance agents or brokers licensed by the Bureau of Insurance or duly authorized risk pools under Title
24-A or Title 30-A, chapter 117;
(b) The evaluation criteria and relative scoring weights to be applied in the prequalification evaluation process;
(c) A statement that bidders are subject to prescreening and may not approach an insurer or reinsurer until given permission
by the school board to do so since markets are allocated by the school board. The questionnaire must state that failure to
comply with this restriction automatically disqualifies the bidder. The questionnaire must state that the school board reserves
the option to require a personal interview at any time in the process; and
(d) The address and contact person to which the questionnaire must be submitted and the opening date and time, which may
not be less than 3 12 months from the expiration date of the policy or policies being sought. The questionnaire must state
that: all proposals are publicly opened at the date, time and place noted; a questionnaire received after the date and time
specified is rejected, but retained and not evaluated or considered further; and proposals are not available for inspection
until after the bid is awarded. The questionnaire must state that the school board reserves the right to reject a questionnaire
and does not accept responsibility for costs incurred by a bidder in the preparation of a questionnaire. The questionnaire
must state that bidders are notified of the outcome in writing no later than 10 days after the closing date.
(2) In the same time frame, the school board shall approve a request for proposal, referred to in this paragraph as the
"proposal." The proposal must contain at a minimum:
(a) The line or lines of insurance for which bids are being solicited and a clear definition of minimum coverage required,
minimum limits required, deductibles, policy forms and endorsements required and policy term required. If coverage identical
to the expiring coverage is being sought, a copy of the expiring policy or policies and all endorsements may be enclosed to
meet this requirement;
(b) Basic underwriting information, such as named insured, mailing address, nature of risk, actual locations, schedules
of buildings, business personal property, vehicles or any other property for which insurance is being sought, if applicable;
(c) At least a 3-year and preferably a 5-year company-generated loss run;
(d) A clear definition of the services, if any, required of both the bidder and the insurer;
(e) The minimum A.M. Best rating and financial size category acceptable to the school board;
(f) The evaluation criteria and relative scoring weights to be applied to the proposal. Cost of the insurance coverage
must be included in the evaluation criteria and must be given a minimum of 50% of the total weight of all criteria;
(g) The address and contact person to which a bid must be submitted and the bid opening date and time. The proposal must
state that: all proposals are publicly opened at the date, time and place noted; bids received after the date and time specified
are rejected, but retained and not evaluated or considered further; and proposals are not available for inspection until after
the bid is awarded. The proposal must state that the school board reserves the right to reject a bid and does not accept
responsibility for costs incurred by a bidder in the preparation of a proposal. The proposal must state that all bidders
are notified of the outcome in writing no later than 20 days after the bid closing date;
(h) The name, address and optionally a facsimile number of a school board contact person to whom written questions may be
addressed. The proposal must state that the school board will reply to questions submitted in writing before a specified
deadline with copies of the questions and answers to be provided in writing to all bidders; and
(i) A statement that the successful bidder must present an insurance binder to the school board within 5 days of the award
and no later than the expiration date of the existing policy. Failure to do so disqualifies the award and the award is then
made to the next highest-rated bidder who was in compliance with the proposal. The proposal must state that all decisions
regarding the award are final.
(3) Each bidder on the registry of bidders must be provided with a questionnaire and proposal 4 months before the expiration
of the policy or policies being sought. Each bidder must complete and return the questionnaire before the stated date and
time as specified in the questionnaire. In addition, a bidder must state in the order of preference the insurers they prefer
to solicit on the school board's behalf. The school board shall then have 3 persons independently review a questionnaire
on the basis of the established criteria. The reviewers shall document the scoring and select all qualified bidders, but
no more than the 5 highest-rated, to participate further in the process.
(4) The school board shall allocate to each selected bidder at least one insurer from which to solicit a bid. This market
allocation must be made on the basis of awarding the bidder's first choice to the bidder. If there is a conflict, an incumbent
broker is given preference over the school board's incumbent insurer. Allocation is then made on the basis of highest-qualifying
score. Once market allocation is complete, a new bid closing date must be set for 30 days before the policy expiration date
for submission of insurer bids.
(5) The school board shall have 3 persons independently review each submitted bid on the basis of the established criteria.
The reviewers shall document the scoring and substantive information that supports the scoring and make the award decision.
Interviews may be considered within the review. Award must be made to the highest-rated proposal that conforms to the proposal.
Tie scores must be resolved on the basis of factors considered by the school board to serve the best interests of the school
system. Minor negotiations not affecting the bid price more than 5% after notice of award are allowed and, if agreement can
not be reached, the proposal may be rejected and the award made to the next highest-rated bidder who is in compliance with
the proposal. Written records must be kept by each person reviewing or ranking proposals. The award of the bid must then
be announced publicly. All bidders must be notified in writing no later than 5 days after the award is made. The successful
bidder shall submit, in accordance with the proposal, a written binder of insurance within 5 days of the award and no later
than the expiration date of the expiring policy. All decisions regarding awards are final.
[2001, c. 588, §9 (amd).]
[2001, c. 588, §§8, 9 (amd).]
15. Adoption of student code of conduct. With input from educators, administrators, parents, students and community members, they shall adopt a district-wide student
code of conduct consistent with the statewide standards for student behavior developed under section 254, subsection 11.
The student code of conduct must:
A. Define unacceptable student behavior;
[1999, c. 351, §2 (new).]
B. Establish standards of student responsibility for behavior;
[1999, c. 351, §2 (new).]
C. Prescribe consequences for violation of the student code of conduct, including first-time violations, when appropriate;
[1999, c. 351, §2 (new).]
D. Describe appropriate procedures for referring students in need of special services to those services;
[1999, c. 351, §2 (new).]
E. Establish criteria to determine when further assessment of a current individual education plan is necessary, based on removal
of the student from class;
[1999, c. 351, §2 (new).]
F. Establish policies and procedures concerning the removal of disruptive or violent students or students threatening death
or bodily harm to others from a classroom or a school bus, as well as student disciplinary and placement decisions, when appropriate;
[2005, c. 307, §1 (amd).]
G. Establish guidelines and criteria concerning the appropriate circumstances when the superintendent or the superintendent's
designee may provide information to the local police or other appropriate law enforcement authorities regarding an offense
that involves violence committed by any person on school grounds or other school property; and
[2005, c. 307, §2 (amd).]
H. Establish policies and procedures to address bullying, harassment and sexual harassment.
[2005, c. 307, §3 (new).]
The school board is responsible for ensuring that school officials inform students, parents and community members of the student
code of conduct.
[2005, c. 307, §§1-3 (amd).]
16. Crisis response plan. They shall annually approve a plan developed by the school unit administration working with local public safety, mental
health and law enforcement officials to deal with crises and potential crisis situations involving violent acts by or against
students in each school in the school administrative unit.
[2001, c. 588, §10 (amd).]
17. School bomb threat response policies. Beginning with the 2002-2003 school year, each school board in the State must have adopted a school bomb threat policy that
is consistent with the prototypical policies developed by the commissioner under section 263.
[2001, c. 67, §2 (new).]
18. Bomb threat information in student handbooks. Beginning with the 2002-2003 school year, each school board shall include in its student handbook a section that addresses
in detail the school's bomb threat policies and protocols. The section of the handbook must contain an explanation of the
portions of the policies and protocols relevant to students and their families and explain to the students the educational
and legal consequences of making a bomb threat to a school.
[2001, c. 67, §2 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 661,
§1,2
(AMD).
PL 1983,
Ch. 806,
§10
(AMD).
PL 1983,
Ch. 859,
§C1-C3,C7
(AMD).
PL 1983,
Ch. 859,
§K3,K7
(AMD).
PL 1983,
Ch. 862,
§52
(AMD).
PL 1985,
Ch. 713,
§3
(AMD).
PL 1989,
Ch. 425,
§1,2
(AMD).
PL 1989,
Ch. 708,
§1
(AMD).
PL 1989,
Ch. 878,
§B17
(AMD).
PL 1989,
Ch. 889,
§6
(AMD).
PL 1991,
Ch. 885,
§E20
(AMD).
PL 1991,
Ch. 885,
§E47
(AFF).
PL 1993,
Ch. 157,
§1
(AMD).
PL 1993,
Ch. 423,
§1
(AMD).
PL 1995,
Ch. 322,
§5
(AMD).
PL 1997,
Ch. 298,
§1
(AMD).
PL 1997,
Ch. 594,
§1
(AMD).
PL 1999,
Ch. 351,
§2
(AMD).
PL 1999,
Ch. 424,
§A1
(AMD).
PL 2001,
Ch. 67,
§2
(AMD).
PL 2001,
Ch. 341,
§2
(AMD).
PL 2001,
Ch. 454,
§7
(AMD).
PL 2001,
Ch. 471,
§D17
(AMD).
PL 2001,
Ch. 471,
§D18
(AFF).
PL 2001,
Ch. 588,
§4-10
(AMD).
PL 2001,
Ch. 644,
§1
(AMD).
PL 2005,
Ch. 307,
§1-3
(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 - §1002. Prohibited appointments and employment
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 101: GENERAL PROVISIONS
Subchapter 1: SCHOOL BOARDS
§1002. Prohibited appointments and employment
The following provisions apply to members of a school board.
[1981, c. 693, §§5, 8 (new).]
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Employee" means a person who receives monetary payment or benefits, no matter the amount paid or hours worked, for personal
services performed for a school administrative unit.
[1999, c. 128, §1 (new).]
B. "Volunteer" means a person who performs personal services for a school administrative unit without monetary payment or benefits
of any kind or amount.
[1999, c. 128, §1 (new).]
[1999, c. 128, §1 (rpr).]
2. Employment by school administrative unit, school union, academy. A member of a school board or spouse of a member may not be an employee in a public school within the jurisdiction of the
school board to which the member is elected or in a contract high school or academy located within a supervisory union in
which the member is a representative on the union committee.
[1999, c. 128, §2 (amd).]
2-A. Volunteer placement by school administrative unit, school union, academy. A member of a school board or member's spouse may not serve as a volunteer when that volunteer has primary responsibility
for a curricular, cocurricular or extracurricular program or activity and reports directly to the superintendent, principal,
athletic director or other school administrator in a public school within the jurisdiction of the school board to which the
member is elected or in a contract high school or academy located within a supervisory union in which the member is a representative
on the school committee. Volunteer activities of a member of a school board or member's spouse, other than in roles that
are prohibited by this subsection, may be prescribed by policies developed and approved by the school board of the school
administrative unit.
[1999, c. 128, §3 (new).]
3. Appointment to civil office and other employment. A school board member may not, during the term for which the member serves on the board and for one year after the member
ceases to serve on the board, be appointed to any civil office of profit or employment position, which has been created or
the compensation of which has been increased by the action of the school board during the time the member serves on the board.
[1991, c. 196 (amd).]
4. Employees serving on school boards in school unions. An employee or the spouse of an employee of a school administrative unit may not serve on the school board of another school
administrative unit when the 2 school administrative units are members of the same school union and have the same superintendent
of schools.
[1995, c. 174, §1 (new); §2 (aff).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§11
(AMD).
PL 1991,
Ch. 196,
§
(AMD).
PL 1995,
Ch. 174,
§1
(AMD).
PL 1995,
Ch. 174,
§2
(AFF).
PL 1999,
Ch. 128,
§1-3
(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 - §1003. Commencement of term of office
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 101: GENERAL PROVISIONS
Subchapter 1: SCHOOL BOARDS
§1003. Commencement of term of office
The term of newly elected school board members shall start:
[1981, c. 693, § § 5, 8(new)]
1. After election. Immediately upon being elected and sworn in; or
[1981, c. 693, § § 5, 8(new)]
2. Fixed date. On a fixed date established by the voters on an appropriate article at a properly called town meeting, the date shall be
between the municipal election and July 1st.
[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 - §1004. Conflict of interest; contracts
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 101: GENERAL PROVISIONS
Subchapter 1: SCHOOL BOARDS
§1004. Conflict of interest; contracts
A contract made by a school board shall follow the requirement of Title 30-A, section 2605.
[1987, c. 737, Pt. C, §§35, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 737,
§C35,C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(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 - §1051. Selection of superintendents
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 101: GENERAL PROVISIONS
Subchapter 2: SUPERINTENDENTS
§1051. Selection of superintendents
The following provisions shall apply to the selection of superintendents.
[1981, c. 693, § § 5, 8 (new).]
1. Eligibility requirements. Only those persons who hold a state certificate of superintendence grade, issued in accordance with chapter 501 or 502,
are eligible to become superintendents. Members of the school board are not eligible to become superintendent in the school
administrative unit that they represent. Superintendents' certificates must be revoked in accordance with section 13020.
Grounds for revocation include, but are not limited to, the employment or retention of uncertified personnel in a school
administrative unit in violation of this Title or of any rules adopted pursuant to this Title.
[2001, c. 588, §11 (amd).]
2. Appointment. The school board shall elect, by majority vote of the full membership, the superintendent. The school board, upon notification
by the commissioner, shall meet no later than December 31st of the year preceding the expiration of the superintendent's contract,
at a day and place determined by the chair of the school board. When a vacancy occurs, the school board shall meet as soon
as possible to choose a superintendent.
[2001, c. 588, §12 (amd).]
3. Term. The superintendent's term shall be established by the school board.
A. The term may not exceed 5 years.
[1981, c. 693, § § 5, 8 (new).]
B. The term shall expire on June 30th of the year of expiration.
[1981, c. 693, § § 5, 8 (new).]
[1981, c. 693, § § 5, 8 (new).]
4. Failure to elect. If the school board fails to elect a superintendent by June 30th, the school board may appoint a competent and qualified
agent, with the advice and consent of the commissioner, to serve in that capacity until a superintendent is elected.
[1981, c. 693, § § 5, 8 (new).]
5. Notice to the commissioner. Annually and when a new superintendent is chosen, the chairman and secretary of the school board shall certify under oath
to the commissioner, on forms provided by the commissioner, all facts relating to the unit's selection of a superintendent.
[1981, c. 693, § § 5, 8 (new).]
6. Election in certain units. The following provisions shall apply to the election of superintendents by certain units.
A. In a school union, the union committee shall perform the functions of a school board.
[1981, c. 693, § § 5, 8 (new).]
B. In a school administrative unit governed by a private and special law that provides for the election of a superintendent,
the governing board shall elect a superintendent in the manner provided in that law.
[1981, c. 693, § § 5, 8 (new).]
C. In a community school district, the district school committee shall elect the superintendent.
[1981, c. 693, § § 5, 8 (new).]
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 39,
§1
(AMD).
PL 1983,
Ch. 485,
§5
(AMD).
PL 1983,
Ch. 816,
§A10
(AMD).
PL 1991,
Ch. 655,
§1
(AMD).
PL 2001,
Ch. 588,
§11,12
(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 - §1052. Discharge
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 101: GENERAL PROVISIONS
Subchapter 2: SUPERINTENDENTS
§1052. Discharge
A school board may discharge a superintendent before the expiration of the contract term.
[1981, c. 693, § § 5, 8(new)]
1. Requirements. The superintendent may be discharged only:
A. For cause;
[1981, c. 693, § § 5, 8(new)]
B. After due notice and investigation; and
[1981, c. 693, § § 5, 8(new)]
C. By a majority vote of the full membership of the school board.
[1981, c. 693, § § 5, 8(new)]
[1981, c. 693, § § 5, 8(new)]
2. Salary. On discharge, the superintendent's salary shall cease.
[1981, c. 693, § § 5, 8(new)]
3. Appeal. The superintendent may appeal the school board's decision to the commissioner. The commissioner shall hold a hearing as
part of the appeal.
[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 - §1053. Allocation of services
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 101: GENERAL PROVISIONS
Subchapter 2: SUPERINTENDENTS
§1053. Allocation of services
1. School unions. The union committee shall establish a policy to guide the relative amount of service to be performed by the superintendent
in each unit.
[2001, c. 588, §13 (amd).]
2. Community school district. In community school districts, the district school committee shall also establish a policy to guide the relative amount
of service to be performed by the superintendent in each school administrative unit.
[2001, c. 588, §13 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 2001,
Ch. 588,
§13
(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 - §1054. Office and salary
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 101: GENERAL PROVISIONS
Subchapter 2: SUPERINTENDENTS
§1054. Office and salary
1. Office. The school board or union committee shall provide for an office for the superintendent, office assistants, supplies, utilities
and other office expenses.
[1981, c. 693, § § 5, 8(new)]
2. Salary. The school board or union committee shall fix the superintendent's salary.
[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 - §1055. Superintendent; powers and duties
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 101: GENERAL PROVISIONS
Subchapter 2: SUPERINTENDENTS
§1055. Superintendent; powers and duties
The superintendent is responsible for the ongoing administration of the school administrative unit and for ensuring that the
operation of the schools conforms to policies and rules as adopted by the school board and to state laws and rules. The superintendent
also is the ex officio secretary of the school board and school building committee chosen by the administrative unit and shall
perform duties as the school board or school building committee direct.
[2001, c. 588, §14 (amd).]
1. Records, orders, vouchers. The superintendent is responsible for:
A. Keeping a permanent record of all the votes, orders and proceedings;
[2001, c. 588, §15 (amd).]
B. Placing all orders for materials and supplies purchased by vote of the school building committee or school board;
[2001, c. 588, §15 (amd).]
C. Keeping all financial records and accounts; and
[2001, c. 588, §15 (amd).]
D. Issuing vouchers showing the correctness of bills contracted on account of school appropriations.
[2001, c. 588, §15 (amd).]
[2001, c. 588, §15 (amd).]
2. Inspect schools; annual report. The superintendent is responsible for:
A. Inspecting the schools and reviewing the operating rules, the discipline and the proficiency of the students;
[2001, c. 588, §16 (amd).]
B. Visiting each school at least the minimum number of times each term required by the school board or union committee as established
by the policy adopted under section 1053; and
[2001, c. 588, §16 (amd).]
C. Annually, reporting to the commissioner on the progress of the comprehensive education plan required under section 4502,
subsection 6.
[2001, c. 588, §16 (amd).]
[2001, c. 588, §16 (amd).]
3. Financial and building report. At least annually, the superintendent shall send an accurate account of school finances and an accurate report on the condition
of school facilities to each school board member.
[2001, c. 588, §16 (amd).]
4. Educational materials. The superintendent is responsible for carrying out the policies of the school board established pursuant to section 1001,
subsection 10-A for the selection and purchase of all educational materials.
[2001, c. 588, §16 (amd).]
5. Distribution and accounting of supplies. The superintendent shall ensure that all necessary apparatus and supplies are distributed to each school, accurately accounted
for and economically used.
[2001, c. 588, §16 (amd).]
6. Display of flags. The superintendent shall:
A. Ensure that the United States and Maine flags are displayed from public school buildings every school day and on appropriate
occasions;
[1985, c. 103, §1 (amd).]
A-1. Ensure that an American flag is displayed in every classroom in each public school in the unit; and
[1985, c. 103, §2 (new).]
B. Report annually to the school board the amount necessary to furnish the public schools with suitable flags and flagstaffs.
The school administrative unit shall appropriate the necessary funds.
[1981, c. 693, §§5, 8 (new).]
[1985, c. 103, §§1, 2 (amd).]
7. Enforce rules of the school board. The superintendent shall enforce or cause to be enforced all rules of the school board.
[1981, c. 693, §§5, 8 (new).]
8. Full-time employment. The entire time of a full-time superintendent shall be devoted to superintendence in the school supervisory unit which employs
the superintendent. A full-time superintendent may perform educational service outside of the supervisory unit with the approval
of the commissioner and with the consent of the school board.
[1987, c. 330, §1 (rpr).]
8-A. Part-time employment. A superintendent who is employed as a part-time superintendent shall perform the duties agreed upon between the superintendent
and the employing school board, subject to approval by the commissioner.
[1987, c. 330, §2 (new).]
9. Report to the commissioner. The superintendent shall annually report, under oath, to the commissioner before a date established by the commissioner,
concerning the operation of the school unit. The report shall contain:
A. The amount appropriated and expended on elementary and secondary education in the preceding fiscal year;
[1981, c. 693, §§5, 8 (new).]
B. The number of weeks schools were open;
[1981, c. 693, §§5, 8 (new).]
C. The number of students registered;
[1981, c. 693, §§5, 8 (new).]
D. The average attendance;
[1983, c. 859, Pt A, §§4, 25 (amd).]
E. The amount received for tuition; and
[1983, c. 859, Pt. A, §§4, 25 (amd).]
F. Other information required by rule adopted by the commissioner to demonstrate compliance with the requirements of this Title.
[1983, c. 859, Pt. A, §§4, 25 (new).]
[1983, c. 859, Pt. A, §§4, 25 (amd).]
10. Supervise school employees. The superintendent is responsible for the evaluation of all teachers and other employees of the school administrative unit.
[2001, c. 588, §17 (amd).]
11. Notification teams. Within 10 days after receiving notice from a district attorney of an alleged juvenile offense or juvenile offense, pursuant
to Title 15, section 3308, subsection 7, paragraph E or after receiving notice from a law enforcement officer of credible
information that indicates an imminent danger to the safety of students or school personnel pursuant to Title 15, section
3301-A, the superintendent shall convene a notification team. The notification team must consist of the administrator of
the school building or the administrator's designee, at least one classroom teacher to whom the student is assigned, a parent
or guardian of the student and a guidance counselor. The notification team is entitled to receive the information described
in Title 15, section 3308, subsection 7, paragraph E, subparagraphs (1) to (6) and in Title 15, section 3301-A. The notification
team shall also determine on the basis of need which school employees are entitled to receive that information.
Confidentiality of this criminal justice information regarding juveniles must be ensured at all times, and the information
may be released only under the conditions of this subsection. The superintendent shall ensure that confidentiality training
is provided to all school employees who have access to the information.
[2003, c. 190, §2 (amd).]
12. Reintegration team. Within 10 days after receiving information from the Department of Corrections pursuant to Title 15, section 3009, the superintendent
shall convene a reintegration team to carry out reintegration planning pursuant to section 254, subsection 12. The reintegration
team must consist of the administrator of the school or the administrator's designee; at least one classroom teacher to whom
the student will be assigned or who is involved in the school's student assistance team; a parent, guardian or custodian of
the student; and a guidance counselor. The reintegration team is entitled to receive the information described in Title 15,
section 3308, subsection 7, paragraph B-1, subparagraph (3) and Title 34-A, section 1216, subsection 1, paragraph F. The
reintegration team shall also determine, on the basis of need, which school employees may receive that information.
Confidentiality of the criminal justice information regarding juveniles must be ensured at all times and the information may
be released by a member of the reintegration team only under the conditions of this subsection. The superintendent shall
ensure that confidentiality training is provided to all school employees who have access to the information.
[2003, c. 205, §7 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 422,
§1
(AMD).
PL 1983,
Ch. 485,
§6
(AMD).
PL 1983,
Ch. 806,
§12
(AMD).
PL 1983,
Ch. 859,
§A4,A25
(AMD).
PL 1985,
Ch. 103,
§1,2
(AMD).
PL 1985,
Ch. 797,
§13
(AMD).
PL 1987,
Ch. 330,
§1,2
(AMD).
PL 1999,
Ch. 345,
§2
(AMD).
PL 2001,
Ch. 452,
§4
(AMD).
PL 2001,
Ch. 588,
§14-17
(AMD).
PL 2003,
Ch. 190,
§2
(AMD).
PL 2003,
Ch. 205,
§7
(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 04333-0007
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