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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 117. PRIVATE SCHOOLS
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Title 20-A - §2901. Requirement for basic school approval
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 1: BASIC SCHOOL APPROVAL §2901. Requirement for basic school approval
A private school may operate as an approved private school for meeting the requirement of compulsory school attendance under
section 5001 if it:
[1981, c. 693, § § 5, 8 (new).]
1. Hygiene, health, safety. Meets the standards for hygiene, health and safety established by applicable law and rule; and
[1985, c. 797, § 20 (amd).]
2. Is either:
A. Currently accredited by the New England Association of Colleges and Secondary Schools; or
[1981, c. 693, § § 5, 8 (new).]
B. Meets applicable requirements of this Title pertaining to private schools and the department's requirements for approval
for attendance purposes adopted under section 2902.
[1985, c. 797, § 21 (amd).]
[1985, c. 797, § 21 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 797,
§20,21
(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 - §2902. State requirements
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 1: BASIC SCHOOL APPROVAL §2902. State requirements
Private schools approved for attendance purposes by the department shall:
[1981, c. 693, §§5, 8 (new).]
1. Immunization. Comply with the immunization provisions under section 6351;
[1981, c. 693, §§5, 8 (new).]
2. Language of instruction. Use English as the language of instruction except as specified under section 4701;
[1991, c. 824, Pt. B, §5 (amd).]
3. Courses required by law. Provide instruction in elementary schools as specified in sections 4701, 4706 and 4711 and in secondary schools as specified
in sections 4701, 4706, 4722, 4723 and 4724.
[1985, c. 797, §22 (rpr).]
4. Commissioner's basic curriculum. Provide instruction in the basic curriculum established by rule by the commissioner under section 4704 and in alignment
with the system of learning results established in section 6209;
[2001, c. 454, §10 (amd).]
5. Certified teachers. Employ only certified teachers;
[1981, c. 693, §§5, 8 (new).]
6. Secondary schools. For private secondary schools:
A. Meet the requirements of a minimum school year under section 4801;
[1981, c. 693, §§5, 8 (new).]
B. Provide a school day of sufficient length to allow for the operation of its approved education program;
[1981, c. 693, §§5, 8 (new).]
C. Have a student-teacher ratio of not more than 30 to one;
[1981, c. 693, §§5, 8 (new).]
D. Include not less than 2 consecutive grades from 9 to 12; and
[1981, c. 693, §§5, 8 (new).]
E. Maintain adequate, safely protected records;
[1997, c. 266, §4 (amd).]
[1997, c. 266, §4 (amd).]
7. Approval rules. Meet the requirements applicable to the approval of private schools for attendance purposes adopted jointly by the state
board and the commissioner;
[1999, c. 669, §2 (amd).]
8. Release of student records. Upon the request of a school unit, release copies of all student records for students transferring from the private school
to the school unit;
[2001, c. 452, §5 (amd).]
9. Medication. Meet the requirements for administering medication under section 254, subsection 5; and
[2001, c. 452, §6 (amd).]
10. Reintegration planning. Meet the requirements for administering reintegration planning under section 254, subsection 12.
[2001, c. 452, §7 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 797,
§22-24
(AMD).
PL 1991,
Ch. 824,
§B5
(AMD).
PL 1997,
Ch. 266,
§4-6
(AMD).
PL 1999,
Ch. 669,
§2-4
(AMD).
PL 2001,
Ch. 452,
§5-7
(AMD).
PL 2001,
Ch. 454,
§10
(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 - §2903. Governing body requirements
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 1: BASIC SCHOOL APPROVAL §2903. Governing body requirements
Nothing in this subchapter shall restrict the authority of the governing body of a private school to require additional subjects
to be taught in their school.
[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 - §2904. Removal of basic approval
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 1: BASIC SCHOOL APPROVAL §2904. Removal of basic approval
1. Commissioner may remove basic approval. Notwithstanding any other provision of law, the commissioner may remove basic approval from any private school for failure
to meet applicable approval requirements.
[1981, c. 693, § § 5, 8(new)]
2. Procedural requirements. Whenever a school fails to meet these requirements the commissioner shall:
A. Give due notice; and
[1981, c. 693, § § 5, 8(new)]
B. Hold a hearing.
[1981, c. 693, § § 5, 8(new)]
[1981, c. 693, § § 5, 8(new)]
3. Hearing. The hearing on removal of basic approval shall be in accordance with the applicable provisions of the Maine Administrative
Procedure Act, Title 5, chapter 375 and rules of the state board adopted pursuant to section 405, subsection 3, paragraph
E.
[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 - §2905. Nonrenewal of basic approval
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 1: BASIC SCHOOL APPROVAL §2905. Nonrenewal of basic approval
The decision of the commissioner on nonrenewal of basic approval of any school applying for renewal shall be in accordance
with the Maine Administrative Procedure Act, Title 5, chapter 375 and rules adopted by the State Board of Education under
section 405, subsection 3, paragraph E.
[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 - §2906. Accreditation
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 1: BASIC SCHOOL APPROVAL §2906. Accreditation
Any private school which chooses the accreditation method of approval shall make available to the commissioner on a timely
basis all accreditation reports on the school and shall notify the commissioner promptly upon a determination that the school
is not accredited or is on probation.
[1983, c. 859, Pt. A, § § 7, 25 (new).]
Section History:
PL 1983,
Ch. 859,
§A7,A25
(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 - §2907. Nontraditional limited purpose school approval
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 1: BASIC SCHOOL APPROVAL §2907. Nontraditional limited purpose school approval
1. Requirements. A nonprofit institution, not otherwise approved under this subchapter, may operate as an approved nontraditional limited
purpose school if it demonstrates a commitment to the educational process and to the State's youth by possessing the following:
A. An incorporated council, board of trustees, board of directors or other governing board composed of a cross section of the
community served by the school;
[1987, c. 250 (new).]
B. An established educational plan;
[1987, c. 250 (new).]
C. A written curriculum with appropriate goals, objectives and instructional strategies;
[1987, c. 250 (new).]
D. Specific instructional time commensurate with the educational activities planned;
[1987, c. 250 (new).]
E. Facilities that comply with state health, safety and fire codes;
[1987, c. 250 (new).]
F. An instructional staff certified by the Department of Education where appropriate and endorsement by professional boards
in areas where the State does not have certification standards or professional standards agreed upon by the department and
the respective institution;
[1989, c. 700, Pt. A, §47 (amd).]
G. School health services that include a registered nurse in residence when students are in attendance or the appointment of
a school or consulting physician;
[1987, c. 250 (new).]
H. Established written emergency and safety procedures, including periodic fire drills whenever appropriate;
[1987, c. 250 (new).]
I. The unique up-to-date equipment necessary to the services provided;
[1987, c. 250 (new).]
J. A demonstrated commitment to work cooperatively with state public schools in an effort to meet the specific aspiration needs
of Maine students; and
[1987, c. 250 (new).]
K. Scholarship assistance to the State's youth.
[1987, c. 250 (new).]
The commissioner shall promulgate rules, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, which shall
incorporate the requirements set forth in this subsection.
[1987, c. 250 (new).]
[1989, c. 700, Pt. A, §47 (amd).]
2. Approval. The commissioner shall base approval of a school under this section on the school's ability to meet the requirements set
forth in subsection 1 and on an annual on-site review by the department.
[1987, c. 250 (new).]
3. Removal of basic approval. Notwithstanding any other provision of law, the commissioner may remove approval from any nontraditional limited purpose
school for failure to meet applicable approval requirements.
[1987, c. 250 (new).]
4. Ineligible for state subsidy. A school eligible for approval under this section shall not be eligible for state subsidy.
[1987, c. 250 (new).]
5. Credit. High school credit for programs completed at a school approved under this section may be granted to students by the school
in which they are enrolled full time.
[1987, c. 250 (new).]
6. Taxation. Notwithstanding any other provision of law, the commissioner's approval of an institution as a nontraditional, limited purpose
school shall not alter that institution's current status for the purpose of state or local taxation.
[1987, c. 250 (new).]
Section History:
PL 1987,
Ch. 250,
§
(NEW).
PL 1989,
Ch. 700,
§A47
(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 - §2951. Approval for tuition purposes
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 2: APPROVAL FOR THE RECEIPT OF PUBLIC FUNDS BY PRIVATE SCHOOLS (HEADING: PL 2005, c. 153, @1 (rpr)) §2951. Approval for tuition purposes
A private school may be approved for the receipt of public funds for tuition purposes only if it:
[2005, c. 153, §2 (amd).]
1. Basic approval. Meets the requirements for basic school approval under subchapter I;
[1981, c. 693, §§5, 8 (new).]
2. Nonsectarian. Is a nonsectarian school in accordance with the First Amendment of the United States Constitution;
[1981, c. 693, §§5, 8 (new).]
3. Incorporated. Is incorporated under the laws of the State of Maine or of the United States;
[1985, c. 797, §25 (amd).]
4. Reports and audits.
[1983, c. 859, Pt. A, §§8, 25 (rp).]
5. Additional requirements. Complies with the reporting and auditing requirements in sections 2952 and 2953 and the requirements adopted pursuant to
section 2954;
[1997, c. 266, §7 (amd).]
6. Student assessment. Any school that enrolls 60% or more publicly funded students, as determined by the previous year's October and April average
enrollment, shall participate in the statewide assessment program to measure and evaluate the academic achievements of students;
and
[1997, c. 266, §8 (amd).]
7. Release of student records. Upon the request of a school unit, release copies of all student records for students transferring from the private school
to the school unit.
[1997, c. 266, §9 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 859,
§A8-A9,A25
(AMD).
PL 1985,
Ch. 797,
§25-27
(AMD).
PL 1997,
Ch. 266,
§7-9
(AMD).
PL 2005,
Ch. 153,
§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 - §2952. Report to commissioner
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 2: APPROVAL FOR THE RECEIPT OF PUBLIC FUNDS BY PRIVATE SCHOOLS (HEADING: PL 2005, c. 153, @1 (rpr)) §2952. Report to commissioner
A private school receiving state funds, either directly or indirectly, and a private school approved for tuition and attendance
purposes shall annually, in accordance with time schedules established by the commissioner, report to the commissioner the
information the commissioner may require.
[2005, c. 153, §3 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§28
(AMD).
PL 2005,
Ch. 153,
§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 - §2953. Audit
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 2: APPROVAL FOR THE RECEIPT OF PUBLIC FUNDS BY PRIVATE SCHOOLS (HEADING: PL 2005, c. 153, @1 (rpr)) §2953. Audit
The following audit must be made.
[2005, c. 153, §4 (amd).]
1. Annual audit. A private school approved for tuition purposes shall, on or before September 1st of each year, furnish to the State Auditor
satisfactory proof that the books, accounts, financial documents and reports to the commissioner of the school for the preceding
fiscal year have been examined and found to be in a satisfactory and accurate condition with proper vouchers on file. An
audit must be made by the Department of Audit or by individuals or firms recognized as competent auditors by training and
experience or by qualified public accountants.
[2005, c. 153, §4 (amd).]
2. Special audit. Audits by the State Auditor may be requested by 3 or more duly elected and qualified officers of the private school. This
audit must be conducted at the expense of the requesting school except when the audit is determined necessary by the commissioner.
[2005, c. 153, §4 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 2005,
Ch. 153,
§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 - §2954. Rules of commissioner
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 2: APPROVAL FOR THE RECEIPT OF PUBLIC FUNDS BY PRIVATE SCHOOLS (HEADING: PL 2005, c. 153, @1 (rpr)) §2954. Rules of commissioner
The commissioner may adopt rules regarding tuition charges, accounting, audits, contracts and other aspects of schooling privileges
arranged between a private school and school administrative units.
[1985, c. 797, § 28 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 859,
§A10,A25
(AMD).
PL 1985,
Ch. 797,
§28
(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 - §2955. Penalty for noncompliance
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 2: APPROVAL FOR THE RECEIPT OF PUBLIC FUNDS BY PRIVATE SCHOOLS (HEADING: PL 2005, c. 153, @1 (rpr)) §2955. Penalty for noncompliance
Private schools approved for tuition purposes that have not complied with this chapter may not receive tuition payments from
any school administrative unit.
[2005, c. 153, §5 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 859,
§A11,A25
(AMD).
PL 2005,
Ch. 153,
§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 - §3001. Schools for exceptional students
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 3: SPECIFIC EDUCATION PROGRAMS §3001. Schools for exceptional students
Private schools which operate programs for exceptional students shall conform to the applicable provisions of this chapter
and chapters 301 and 303.
[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 - §3002. Career and technical education
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 3: SPECIFIC EDUCATION PROGRAMS §3002. Career and technical education
The commissioner may contract with a private school, which is serving one or more municipalities in lieu of a public secondary
school, for the conduct of vocational courses which meet the same standards for approval as those conducted in public secondary
schools.
[1981, c. 693, §§5, 8(new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
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 - §3051. Non-Maine students
Title 20-A: EDUCATION Part 2: SCHOOL ORGANIZATION Chapter 117: PRIVATE SCHOOLS Subchapter 4: PRIVATE SCHOOLS SERVING NONRESIDENTS §3051. Non-Maine students
Schools which enroll only students whose parents are not residents of the State shall meet all health and safety requirements
of the State applicable to private schools.
[1983, c. 859, Pt. A, § § 12, 25 (rpr).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 859,
§A12,A25
(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 04333-0007
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