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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 223. HEALTH, NUTRITION AND SAFETY
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Title 20-A - §6301. Student health
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 1: STUDENT HEALTH
§6301. Student health
The following provisions apply to student health.
[1981, c. 693, §§5, 8 (new).]
1. Duty of teacher. A teacher who has reason to believe that a student is a public health threat as a result of being infested with parasites,
or having a communicable disease of the skin, mouth or eyes, shall inform the superintendent.
[1989, c. 414, §9 (rpr).]
2. Duty of superintendent. A superintendent informed by a teacher under subsection 1 may:
A. Inform the student's parent:
(1) To cleanse the clothing and bodies of their children; and
(2) To furnish their children with the required home or medical treatment for the relief of their trouble so defined in subsection
1;
[1983, c. 661, §4 (amd).]
B. Exclude the student from the public schools until the student is no longer a public health threat; and
[1989, c. 414, §10 (amd).]
C. Exclude the student from public school as soon as safe and proper transportation home is available.
[1983, c. 661, §4 (new).]
[1989, c. 414, §10 (amd).]
3. Duty of parent. A parent informed by a superintendent under subsection 2 shall promptly do what is reasonably necessary to ensure that the
student is no longer offensive or dangerous.
[1981, c. 693, §§5, 8 (new).]
4. Penalty. Any parent who fails to comply with subsection 3 shall be fined not more than $5 for the first offense or $10 for subsequent
offenses.
[1981, c. 693, §§5, 8 (new).]
5. Exclusion.
[1983, c. 661, §5 (rp).]
5-A. Notification. The superintendent shall cause notice of the communicable disease to be given to the Department of Health and Human Services,
in accordance with the requirements of Title 22, chapter 251, and rules issued under that chapter.
[1983, c. 661, §6 (new); 2003, c. 689, Pt. B, §6 (rev).]
6. Authority and duties of the Department of Health and Human Services. The Department of Health and Human Services shall have the authority and duties prescribed in Title 22, chapter 251 on communicable
diseases.
[1981, c. 693, §§5, 8 (new); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 661,
§3-6
(AMD).
PL 1989,
Ch. 414,
§9,10
(AMD).
PL 2003,
Ch. 689,
§B6
(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 - §6302. School building ventilation
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 1: STUDENT HEALTH
§6302. School building ventilation
1. Applicability. This section applies to school buildings subject to basic school approval under section 4502 in which the heating, ventilation
and air-conditioning system is mechanically driven.
[1991, c. 181, §2 (new).]
2. Operation. Each school administrative unit shall ensure that the heating, ventilation and air-conditioning system is:
A. Maintained and operated to provide at least the quantity of outdoor air required by the state building standards code in
effect at the time the building permit was issued or the heating, ventilation and air-conditioning system was installed, whichever
is later; and
[1991, c. 181, §2 (new).]
B. Operated continuously during school activity hours except:
(1) During scheduled maintenance and emergency repairs; and
(2) During periods for which school officials can demonstrate to the commissioner's satisfaction that the quantity of outdoor
air supplied by an air supply system that is not mechanically driven and by infiltration meets the outdoor air supply rate
required by paragraph A.
[1991, c. 181, §2 (new).]
[1991, c. 181, §2 (new).]
3. Inspection and record. Each school administrative unit is responsible for:
A. Inspection of the heating, ventilation and air-conditioning system at least annually and correction of any problems within
a reasonable time; and
[1991, c. 181, §2 (new).]
B. Maintaining written records of heating, ventilation and air-conditioning system inspection and maintenance for at least
5 years. The superintendent shall make these records available for examination upon request.
[1991, c. 181, §2 (new).]
[1991, c. 181, §2 (new).]
Section History:
PL 1991,
Ch. 181,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6303. Medicaid for health and human services
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 1: STUDENT HEALTH
§6303. Medicaid for health and human services
A school administrative unit may receive funds from the Medicaid program pursuant to the United States Social Security Act,
42 United States Code, for the provision of preventive health, health, habilitation, rehabilitation and social services to
eligible students.
[2005, c. 2, Pt. D, §19 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 1995,
Ch. 427,
§1
(NEW).
PL 2005,
Ch. 2,
§D19
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6351. Immunization (REPEALED)
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 2: IMMUNIZATION
§6351. Immunization (REPEALED)
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 661,
§7
(RP ).
PL 1983,
Ch. 806,
§61
(AMD).
PL 1983,
Ch. 862,
§59
(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 - §6352. Immunization
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 2: IMMUNIZATION
§6352. Immunization
To assure a safe and healthful school environment, the Legislature intends that the provisions of this subchapter on immunization
shall apply in the schools of the State.
[1983, c. 661, § 8 (new).]
Section History:
PL 1983,
Ch. 661,
§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 - §6353. Definitions
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 2: IMMUNIZATION
§6353. Definitions
As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings.
[1983, c. 661, §8 (new).]
1. Certificate of immunization. "Certificate of immunization" means a written statement from a physician, nurse or health official who has administered an
immunizing agent to a child, specifying the dosage administered and the date it was administered.
[1983, c. 661, §8 (new).]
2. Child. "Child" means and includes every child entering school.
[1983, c. 661, §8 (new).]
3. Disease. "Disease" means those conditions that are preventable by immunizing agent, as specified in rules.
[2001, c. 326, §1 (amd).]
4. Immunizing agent. "Immunizing agent" means a vaccine, antitoxin or other substances used to increase an individual's immunity to a disease.
[1983, c. 661, §8 (new).]
5. Parent. "Parent" means a child's parent, legal guardian or custodian. A person shall be regarded as a child's custodian if that person
is an adult and has assumed legal charge and care of the child.
[1983, c. 661, §8 (new).]
6. Public health official. "Public health official" means a local health officer, the Director of the Bureau of Health, Department of Health and Human
Services, or any designated employee or agent of the Department of Health and Human Services.
[1983, c. 661, §8 (new); 2003, c. 689, Pt. B, §6 (rev).]
7. School. "School" means any public or private elementary or secondary school in the State.
[1983, c. 661, §8 (new).]
8. Superintendent. "Superintendent" means the superintendent of schools of a school administrative unit, or a person designated by the superintendent,
and the chief administrative officer of a private school.
[1983, c. 661, §8 (new).]
Section History:
PL 1983,
Ch. 661,
§8
(NEW).
PL 2001,
Ch. 326,
§1
(AMD).
PL 2003,
Ch. 689,
§B6
(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 - §6354. Immunization
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 2: IMMUNIZATION
§6354. Immunization
1. Immunization required. Except as otherwise provided under this subchapter, every parent shall cause to be administered to his child an adequate
dosage of an immunizing agent against each disease.
[1983, c. 661, §8 (new).]
2. Immunizing agent to meet standards. Any such immunizing agent shall meet standards for such biological products, approved by the United States Public Health
Service and the dosage requirement specified by the Department of Health and Human Services.
[1983, c. 661, §8 (new); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1983,
Ch. 661,
§8
(NEW).
PL 2003,
Ch. 689,
§B6
(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 - §6355. Enrollment in school
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 2: IMMUNIZATION
§6355. Enrollment in school
A superintendent may not permit any child to be enrolled in or to attend school without a certificate of immunization for
each disease or other acceptable evidence of required immunization or immunity against the disease, except as follows.
[2001, c. 326, §2 (amd).]
1. Written assurance. The parent provides a written assurance the child will be immunized within 90 days by private effort or provides, where applicable,
a written consent to the child's immunization by a health officer, physician, nurse or other authorized person in public or
private employ.
[1983, c. 661, §8 (new).]
2. Medical exemption. The parent or the child provides a physician's written statement that immunization against one or more of the diseases may
be medically inadvisable.
[2001, c. 326, §2 (amd).]
3. Philosophical or religious exemption. The parent states in writing a sincere religious belief that is contrary to the immunization requirement of this subchapter
or an opposition to the immunization for philosophical reasons.
[2001, c. 326, §2 (amd).]
Section History:
PL 1983,
Ch. 661,
§8
(NEW).
PL 2001,
Ch. 326,
§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 - §6356. Exclusion from school
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 2: IMMUNIZATION
§6356. Exclusion from school
1. Public health official action. When a public health official has reason to believe that the continued presence in a school of a child who has not been immunized
against one or more diseases presents a clear danger to the health of others, the public health official shall notify the
superintendent of the school. The superintendent shall cause the child to be excluded from school during the period of danger
or until the child receives the necessary immunizing agent.
Whenever, as a result of this section, a child is absent from the public school for more than 10 days, the superintendent
shall make arrangements to meet the educational needs of the child.
[1983, c. 661, § 8 (new).]
2. Superintendent's action. Notwithstanding the provisions of this subchapter on immunization against specified diseases, a superintendent may exclude
from the public schools any child who is a public health threat, in accordance with section 6301, and the superintendent shall
exclude from school any child or employee who has contracted or has been exposed to a communicable disease as directed by
a physician after consultation with the Bureau of Health.
[1989, c. 414, §11 (amd).]
Section History:
PL 1983,
Ch. 661,
§8
(NEW).
PL 1989,
Ch. 414,
§11
(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 - §6357. Records; report
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 2: IMMUNIZATION
§6357. Records; report
1. Record keeping. Each superintendent shall keep uniform records of the immunizations and immunization status of each child based on the certificate
of immunization, other acceptable evidence and other available documents. The records shall be part of the child's permanent
education records. These records shall be confidential, except that state and local health personnel shall have access to
them in connection with an emergency, as provided by the United States Family Educational Rights and Privacy Act of 1974,
Public Law 93-380, United States Code, Title 20, Section 1232g(b) (1) (I) and regulations adopted under that Act.
[1983, c. 661, §8 (new).]
2. Annual report of immunization status. By December 15th of each year, each superintendent shall submit to the Director of the Bureau of Health, Department of Health
and Human Services, and to the commissioner a summary report of immunization status of the children entering school, as prescribed
by rule.
[1983, c. 661, §8 (new); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1983,
Ch. 661,
§8
(NEW).
PL 2003,
Ch. 689,
§B6
(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 - §6358. Rules; requirements; reports
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 2: IMMUNIZATION
§6358. Rules; requirements; reports
1. Rules authorized. The commissioner and the Director of the Bureau of Health, Department of Health and Human Services, shall jointly issue rules
necessary for the effective implementation of this subchapter, including, but not limited to, rules specifying those diseases
for which immunization is required and establishing school record keeping and reporting requirements or guidelines and procedures
for the exclusion of nonimmunized children from school. Rules adopted pursuant to this subchapter specifying the diseases
for which immunization is required are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.
[2001, c. 326, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]
2. Local requirements authorized. Immunization requirements more stringent than the provisions of this subchapter may be adopted by ordinance enacted by a
municipality, by regulation of a school board or by policy of a private school's governing board.
[1983, c. 661, §8 (new).]
Section History:
PL 1983,
Ch. 661,
§8
(NEW).
PL 2001,
Ch. 326,
§3
(AMD).
PL 2003,
Ch. 689,
§B6
(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 - §6359. Immunization of students
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 2: IMMUNIZATION
§6359. Immunization of students
1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
A. "Certificate of immunization" means a written statement from a physician, nurse or public health official who has administered
an immunizing agent to a student, specifying the dosage administered and the date it was administered.
[1991, c. 146, §1 (amd).]
B. "Chief administrative officer" means the person designated by the legal governing authority as president, administrator
or director of a public or private post-secondary school.
[1985, c. 771, §§2, 7 (new).]
C. "Disease" means those conditions that are preventable by immunizing agent, as specified in rules.
[2001, c. 326, §4 (amd).]
D. "Immunizing agent" means a vaccine, toxoid or other substance used to increase an individual's immunity to a disease.
[1991, c. 146, §1 (amd).]
E. "Parent" means a student's parent, legal guardian or custodian. A person shall be regarded as a student's custodian if
that person is an adult and has assumed legal charge and care of the student.
[1985, c. 771, §§2, 7 (new).]
F. "Public health official" means the Director of the Bureau of Health or any designated employee or agent of the Department
of Health and Human Services.
[1991, c. 146, §1 (amd); 2003, c. 689, Pt. B, §6 (rev).]
G. "School" means any public or private, post-secondary school in the State including, but not limited to colleges, universities,
community colleges and schools for the health professions.
[1989, c. 443, §22 (amd); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
G-1. "School health provider" means a physician, physician's assistant, registered nurse or nurse practitioner licensed to practice
by the State and appointed by the chief administrative officer to provide health care to the student population.
[1991, c. 146, §2 (new).]
H. "Student" means any person born after 1956 who attends school full time or who is a candidate for a degree, diploma or graduate
certificate.
[1987, c. 71 (rpr).]
[2001, c. 326, §4 (amd); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff); c. 689, Pt. B, §6 (rev).]
2. Immunization. Except as otherwise provided under this section, every student shall have administered an adequate dosage of an immunizing
agent against each disease as specified by rule.
Any such immunizing agent shall meet standards for the biological products, approved by the United States Public Health Service
and the dosage requirement specified by the Department of Health and Human Services.
[2001, c. 326, §5 (amd); 2003, c. 689, Pt. B, §6 (rev).]
3. Enrollment of school. No chief administrative officer may permit any student to be enrolled in or to attend school without a certificate of immunization
for each disease or other acceptable evidence of required immunization or immunity against the disease, except as follows.
A. The parent or the student provides a physician's written statement or a written statement from a school health provider
that immunization against one or more of the diseases may be medically inadvisable.
[1991, c. 146, §3 (amd).]
B. The student or the parent, if the student is a minor, states in writing a sincere religious belief, which is contrary to
the immunization requirement of this subchapter or an opposition to the immunization for philosophical reasons.
[2001, c. 326, §6 (amd).]
[2001, c. 326, §6 (amd).]
4. Exclusion from school. When a public health official has reason to believe that the continued presence in a school of a student who has not been
immunized against one or more diseases presents a clear danger to the health of others, the public health official shall notify
the chief administrative officer of the school. The chief administrative officer shall cause the student to be excluded from
school during the period of danger or until the student receives the necessary immunizing agent.
[1985, c. 771, §§2, 7 (new).]
5. Records; report. Each chief administrative officer shall keep uniform records of the immunizations and immunization status of each student,
based on the certificate of immunization, other acceptable evidence and other available documents. The records shall be part
of the student's permanent records.
By December 15th of each year, each chief administrative officer shall submit to the Director of the Bureau of Health a summary
report of immunization status of the students entering school, as prescribed by rule. A blank summary report form will be
provided to each chief administrative officer by the Bureau of Health.
[1985, c. 771, §§2, 7 (new).]
6. Rules; requirements; reports. The Director of the Bureau of Health shall adopt rules necessary for the effective implementation of this subchapter, including,
but not limited to, rules establishing immunization requirements and medical exceptions to receiving vaccines or toxoids for
each disease, school record keeping and reporting requirements or guidelines and procedures for the exclusion of nonimmunized
students from school.
Immunization requirements more stringent than the provisions of this subchapter may be adopted by a school board or by policy
of a private school's governing board.
[1991, c. 146, §4 (amd).]
div>
A student who is enrolled in a distance education program offered by a school and who does not physically attend any classes
or programs at a school facility, including a campus, center or site of that school, or at a school facility, including a
campus, center or site of any other school, is exempt from the provisions of this section.
[2001, c. 87, §1 (new).]
Section History:
PL 1985,
Ch. 771,
§2,7
(NEW).
PL 1987,
Ch. 71,
§
(AMD).
PL 1989,
Ch. 443,
§22
(AMD).
PL 1991,
Ch. 146,
§1-4
(AMD).
PL 2001,
Ch. 87,
§1
(AMD).
PL 2001,
Ch. 326,
§4-6
(AMD).
PL 2003,
Ch. 20,
§OO2
(AMD).
PL 2003,
Ch. 20,
§OO4
(AFF).
PL 2003,
Ch. 689,
§B6
(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 - §6401. School Nurse Coordinator (REPEALED)
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 3: SCHOOL HEALTH SERVICES
§6401. School Nurse Coordinator (REPEALED)
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 797,
§38
(AMD).
PL 1989,
Ch. 700,
§A49
(AMD).
P&SL 1993,
Ch. 67,
§1
(AMD).
PL 1995,
Ch. 322,
§6
(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 - §6402-A. School physician
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 3: SCHOOL HEALTH SERVICES
§6402-A. School physician
Each school board shall appoint one or more school physicians.
[1985, c. 258, § 2 (new).]
1. Duties. The school physician shall advise the administrative unit on school health issues, policies and practices and may also perform
any other health-related functions assigned by the board.
[1985, c. 258, §2 (new).]
2. Other functions. A school physician may perform other medical and health-related duties assigned by the school board which may include all
or some of the following:
A. Examine and diagnose students referred by teachers and other school employees to protect against the outbreak of contagious
diseases in the schools;
[1985, c. 258, § 2 (new).]
B. Examine students for participation in physical education and athletic activities;
[1985, c. 258, § 2 (new).]
C. Advise and serve as medical consultant to the school nurse; or
[1985, c. 258, § 2 (new).]
D. Examine school employees and property if the physician believes it is necessary to protect the health of students.
[1985, c. 258, § 2 (new).]
[1985, c. 258, § 2 (new).]
3. Prohibition. A school physician may not treat any student examined under this subchapter unless the physician is also the student's personal
physician.
[1985, c. 258, § 2 (new).]
4. Appointment. Appointment shall be on a yearly basis.
[1985, c. 258, § 2 (new).]
Section History:
PL 1985,
Ch. 258,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6402. School physicians (REPEALED)
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 3: SCHOOL HEALTH SERVICES
§6402. School physicians (REPEALED)
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 258,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6403-A. School nurse
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 3: SCHOOL HEALTH SERVICES
§6403-A. School nurse
Each school board shall appoint at least one school nurse for the school administrative unit.
[1985, c. 258, § 4 (new).]
1. Duties. The school nurse shall supervise and coordinate the health services and health-related activities required by this Title.
[1985, c. 258, § 4 (new).]
2. Other functions. The school nurse shall also perform such other health-related activities as are assigned by the school board.
[1985, c. 258, § 4 (new).]
3. Appointment. To fulfill the role of school nurse, the school board shall appoint a registered professional nurse who meets any additional
certification requirements established by the state board.
[1985, c. 258, § 4 (new).]
4. Special contract for services. The school board may provide school nurse services through special agreements with a public health agency. All nurses who
serve as school nurses under those agreements shall be registered professional nurses who meet applicable certification requirements.
[1985, c. 258, § 4 (new).]
5. Guidelines. The commissioner shall issue guidelines on the provision of school health services and health-related activities.
[1985, c. 258, § 4 (new).]
Section History:
PL 1985,
Ch. 258,
§4
(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 - §6403. Referral for examination (REPEALED)
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 3: SCHOOL HEALTH SERVICES
§6403. Referral for examination (REPEALED)
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 258,
§3
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6451. Health screening
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 4: HEALTH SCREENING
§6451. Health screening
1. Student right to screening for sight and hearing defects. Each student shall be screened periodically to determine whether they have sight or hearing defects.
[1981, c. 693, §§5, 8 (new).]
2. Commissioner's duties. The commissioner shall:
A. After consultation with the Commissioner of Health and Human Services, adopt rules and provide school administrative units
with assistance and materials to carry out this subsection;
[1981, c. 693, §§5, 8 (new); 2003, c. 689, Pt. B, §7 (rev).]
B. Furnish to the administrators of the school administrative units the prescribed directions for the tests of sight and hearing;
and
[1981, c. 693, §§5, 8 (new).]
C. Furnish test cards, record and report forms and other useful materials for carrying out the purpose of this section.
[1981, c. 693, §§5, 8 (new) .]
[1981, c. 693, §§5, 8 (new); 2003, c. 689, Pt. B, §7 (rev).]
3. Exempt students. A student whose parent objects in writing to screening or religious grounds shall not be screened unless a sight or hearing
defect is reasonably apparent.
[1981, c. 693, §§5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 2003,
Ch. 689,
§B7
(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 - §6452. Screening for scoliosis and related spinal abnormalities
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 4: HEALTH SCREENING
§6452. Screening for scoliosis and related spinal abnormalities
1. Intent. The screening program for scoliosis and related spinal abnormalities is intended to alert parents or guardians to potential
spinal problems which could affect the physical development of their child. The public schools shall supervise the screening
and notify parents or guardians of postural defects which should be investigated further by qualified personnel. The Department
of Health and Human Services shall provide consultation, technical assistance and training to the schools or their agents.
[1981, c. 693, §§5, 8 (new); 2003, c. 689, Pt. B, §6 (rev).]
2. Screening program; rules. A screening program shall be instituted according to the following provisions.
A. The school board of school administrative units shall require that students in the public schools be screened to determine
if any student has a postural defect. The screening shall be performed by personnel who are approved by the Commissioner
of Health and Human Services for this purpose. Screening for postural defects shall be performed as specified in the rules
promulgated by the Department of Health and Human Services.
[1989, c. 730 (amd); 2003, c. 689, Pt. B, §§6, 7 (rev).]
B. The Commissioner of Health and Human Services shall, after consultation with the Commissioner of Education and the Bureau
of Health, promulgate rules in accordance with section 3, for the screening test and shall furnish the rules to the administrative
officers of the school administrative units. These rules shall include the frequency of the tests, the manner in which the
schools or their agents conduct the tests, the qualifications of personnel conducting the screening, the method by which prior
notice of the screening or the notice of any defect or possible defect detected shall be sent to the parent or guardian of
the student and that the notation of the screening and any follow-up activity shall be kept with the student's school health
records.
[1989, c. 700, Pt. A, §50 (amd); 2003, c. 689, Pt. B, §7 (rev).]
[1989, c. 700, Pt. A, §50 (amd); c. 730 (amd); 2003, c. 689, Pt. B, §§6,7 (rev).]
3. Exceptions. This section shall not apply to any student whose parent or guardian demonstrates by a written statement a religious, moral,
philosophical or other personal objection.
[1981, c. 693, §§5, 8 (new).]
4. Effective date. The Commissioner of Health and Human Services shall promulgate the directions for implementation of this section no later
than 30 days after the effective date of this section. School boards of administrative units shall have postural screening
programs in effect by the start of the school year 1984-85.
[1981, c. 693, §§5, 8 (new); 2003, c. 689, Pt. B, §7 (rev).]
5. Funding. In the event federal funds are not available for this program, the State or municipalities shall be under no obligation
to utilize any state or municipal funds to carry out the purposes of this section.
[1981, c. 693, §§5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1989,
Ch. 700,
§A50
(AMD).
PL 1989,
Ch. 730,
§
(AMD).
PL 2003,
Ch. 689,
§B6,7
(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 - §6453. Notice to parents of result of screening
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 4: HEALTH SCREENING
§6453. Notice to parents of result of screening
The school board shall inform the parent of a student suffering from a disease or defect.
[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 - §6501. Sanitary facilities
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 5: SANITARY FACILITIES
§6501. Sanitary facilities
Sanitary facilities shall be provided as follows.
[1981, c. 693, §§5, 8 (new).]
1. Toilets. A school administrative unit shall provide clean toilets in all school buildings, which shall be:
A. Of the flush water closet type and connected to a sewer, filter bed or septic tank, or of another design approved by the
Department of Health and Human Services;
[1981, c. 693, §§5, 8 (new); 2003, c. 689, Pt. B, §6 (rev).]
B. Separated according to sex and accessible only by separate entrances and exits;
[1981, c. 693, §§5, 8 (new).]
C. Installed so that privacy, cleanliness and supervision are assured; and
[1981, c. 693, §§5, 8 (new .]
D. Free from all obscene markings.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new); 2003, c. 689, Pt. B, §6 (rev).]
2. Maintenance. Each school administrative unit shall provide for the cleaning and repair of its toilet facilities.
[1981, c. 693, §§5, 8 (new).]
3. Inspection. The school board shall annually cause an inspection of the sanitary conditions of the school administrative unit's school
buildings to insure compliance with this section.
[1981, c. 693, §§5, 8 (new).]
4. Rules. The state board may adopt or amend rules to implement this section.
[1981, c. 693, §§5, 8 (new).]
5. Penalty. Failure to comply with this section is subject to penalties under section 6801-A.
[1991, c. 548, Pt. A, §12 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1991,
Ch. 548,
§A12
(AMD).
PL 2003,
Ch. 689,
§B6
(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 - §6551. Tuberculosis controls (REPEALED)
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 6: SAFETY
§6551. Tuberculosis controls (REPEALED)
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 258,
§5-10
(AMD).
PL 1989,
Ch. 414,
§12
(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 - §6552. Firearms
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 6: SAFETY
§6552. Firearms
1. Prohibition. A person may not possess a firearm on public school property or discharge a firearm within 500 feet of school property.
[1989, c. 414, §13 (amd).]
2. Exception. Subsection 1 shall not apply to:
A. Law enforcement officials; or
[1981, c. 693, § § 5, 8 (new).]
B. A supervised educational program.
[1981, c. 693, § § 5, 8 (new).]
[1981, c. 693, § § 5, 8 (new).]
3. Penalty. A person who violates this section is guilty of a Class E crime.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1989,
Ch. 414,
§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 - §6553. Prohibition of hazing
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 6: SAFETY
§6553. Prohibition of hazing
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Injurious hazing" means any action or situation, including harassing behavior, that recklessly or intentionally endangers
the mental or physical health of any school personnel or a student enrolled in a public school.
[1999, c. 351, §4 (amd).]
B. "Violator" means any person or any organization which engages in injurious hazing.
[1989, c. 531 (new).]
[1999, c. 351, §4 (amd).]
2. Adoption of policy. The school board shall adopt a policy which establishes that "injurious hazing," either on or off school property, by any
student, staff member, group or organization affiliated with the public school is prohibited.
[1989, c. 531 (new).]
3. Penalties. The school board shall establish penalties for violation of the rules established in subsection 2. The penalties shall
include, but not be limited to, provisions for:
A. In the case of a person not associated with the public school, the ejection of the violator from school property;
[1989, c. 531 (new).]
B. In the case of a student, administrator or staff violator, the individual's suspension, expulsion or other appropriate disciplinary
action; and
[1989, c. 531 (new).]
C. In the case of an organization affiliated with the public school which authorizes hazing, rescission of permission for that
organization to operate on school property or receive any other benefit of affiliation with the public school.
[1989, c. 531 (new).]
These penalties shall be in addition to any other civil or criminal penalty to which the violator or organization may be subject.
[1989, c. 531 (new).]
4. Administrative responsibility. The school board shall assign responsibility for administering the policy to the superintendent of schools and establish
procedures for appealing the action or lack of action of the superintendent.
[1989, c. 531 (new).]
5. Dissemination. The school board shall clearly set forth the policy and penalties adopted and shall distribute copies of them to all students
enrolled in the public school.
[1989, c. 531 (new).]
Section History:
PL 1989,
Ch. 531,
§
(NEW).
PL 1999,
Ch. 351,
§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 - §6601. Acceptance of federal law
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 7: SCHOOL LUNCH AND MILK PROGRAM
§6601. Acceptance of federal law
The State shall comply with the following laws in consideration of the receipt of benefits under them:
[1981, c. 693, § § 5, 8 (new) .]
1. The National School Lunch Program Act. The National School Lunch Program Act, enacted June 4, 1946, and applicable amendments; and
[1981, c. 693, § § 5, 8 (new) .]
2. The Child Nutrition Act. The Child Nutrition Act, enacted October 11, 1966, and applicable amendments.
[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 - §6602. School food service programs
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 7: SCHOOL LUNCH AND MILK PROGRAM
§6602. School food service programs
Public schools shall provide nonprofit school food service programs as follows.
[1981, c. 693, §§5, 8 (new).]
1. Participation. A public school must participate in the National School Lunch Program. It must provide Type A meals as determined by the
United States Department of Agriculture. A public school in which 40% or more of children in attendance are eligible for free
or reduced-price meals under applicable federal regulations may provide to kindergarten and other part-day students a meal
that meets the requirements of the National School Breakfast Program. When fees are permissible for those breakfasts, schools
must charge and collect a fee for each reduced-price breakfast that is equal to the maximum fee permitted under federal law
and a fee 5¢ above that for each full-price breakfast. The money collected through those fees must be used by schools to
offset the costs of providing breakfasts under this subsection.
[1991, c. 9, Pt. II, §3 (amd).]
2. Exceptions. The following shall be exempt from subsection 1:
A. All secondary schools limited to students in grades 9, 10, 11 and 12; and
[1981, c. 693, §§5, 8 (new).]
B. A school administrative unit authorized by the commissioner under subsection 9 to postpone the establishment of the program.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new).]
3. Administration. The school board shall administer and operate the food service programs. The school board:
A. Shall make all contracts to provide material, personnel and equipment necessary to carry out section 6601; and
[1981, c. 693, §§5, 8 (new).]
B. Shall hire the necessary employees to manage and operate their school food service programs.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new).]
4. Funds. The following shall be used to pay for the administration and operation of food service programs:
A. State funds, gifts and appropriations for school food service programs; and
[1981, c. 693, §§5, 8 (new).]
B. Receipts from the sale of meals under food service programs.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new).]
5. Rules. The commissioner shall adopt or amend, with the state board's approval, rules under this subchapter, including rules about
the qualifications of food service programs' personnel.
[1981, c. 693, §§5, 8 (new).]
6. Nutrition report. The commissioner may assess the nutritional benefits of school lunch programs and report to the state board.
[1981, c. 693, §§5, 8 (new).]
7. Technical assistance. The commissioner may give technical assistance to a school board concerning a food service program and may assist in training
food service program personnel.
[1981, c. 693, §§5, 8 (new).]
8. Application for postponement. An administrative unit, which had been authorized by the commissioner to postpone the establishment of a National School
Lunch Program, may apply to the commissioner for a renewal of the postponement. The commissioner may grant the requested
postponement provided that:
A. The school board has held a public hearing on its proposed application; and
[1981, c. 693, §§5, 8 (new).]
B. One of the following conditions is met:
(1) It has been documented to the commissioner's satisfaction that the administrative unit lacks space for the program and
there is no appropriate alternative source of meals for the students;
(2) It is impossible for the administrative unit to contract for or to otherwise procure Type A meals for its students; or
(3) The lack of need for the program, as determined by the school board is documented to the commissioner's satisfaction
and was evident at the public hearing.
[1983, c. 422, §18 (amd).]
If the postponement is granted for the conditions in paragraph B, subparagraphs (1) and (2), it shall be for 3 years. If
the postponement is granted for the condition in paragraph B, subparagraph (3), it shall be for 4 years.
[1987, c. 395, Pt. A, §68 (amd).]
8-A. State board review of commissioner's decisions. A school administrative unit or interested parties may request that the state board reconsider decisions made by the commissioner
in subsection 8. The state board shall have the authority to overturn decisions made by the commissioner. In exercising this
power, the state board is limited by this section.
[1987, c. 395, Pt. A, §69 (new).]
9. Annual review of postponement. The commissioner shall annually review the conditions in the school administrative units which have been granted a postponement.
On finding that the conditions in a unit have changed so that a postponement is no longer warranted, the commissioner may
require that the unit establish a National School Lunch Program at the start of the next school year.
[1981, c. 693, §§5, 8 (new).]
10. Petition by 1% of residential unit. Whenever petitioned by 1% of the residents of a unit, the commissioner shall call a public hearing on the postponement prior
to the next annual review.
[1981, c. 693, §§5, 8 (new).]
11. The state may administer. The state may administer the programs under the United States Child Nutrition Act, Public Law 89-642 in nonprofit, private
schools, provided that the State shall not be required to appropriate or distribute state funds for meals served in private
schools to those private schools.
[1983, c. 276 (new).]
12. Local Produce Fund. The Local Produce Fund is established within the Department of Education. The fund is authorized to receive revenue from
public and private sources. The fund must be held separate and apart from all other money, funds and accounts. Any balance
remaining in the fund at the end of the fiscal year must be carried forward to the next fiscal year. The fund must be used
to match $1 for every $3 a school administrative unit pays for produce or minimally processed foods purchased directly from
a farmer or farmers' cooperative in the State, to a maximum state contribution of $1,000. At the end of the fiscal year,
the school administrative unit may provide the department with receipts documenting purchases pursuant to this subsection
during that year. For purposes of this subsection, "minimally processed" means only the washing, cleaning, trimming, drying,
sorting and packaging of food items or a combination of those activities. Reimbursement or partial reimbursement to school
administrative units may only be made up to the amount available in the fund. Failure to reimburse does not constitute an
obligation on behalf of the State to a school administrative unit.
[2001, c. 447, §1 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 276,
§
(AMD).
PL 1983,
Ch. 422,
§18
(AMD).
PL 1985,
Ch. 263,
§
(AMD).
PL 1987,
Ch. 395,
§A68,A69
(AMD).
PL 1989,
Ch. 875,
§G1
(AMD).
PL 1991,
Ch. 9,
§II3
(AMD).
PL 2001,
Ch. 447,
§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 - §6603. Federal funds
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 7: SCHOOL LUNCH AND MILK PROGRAM
§6603. Federal funds
The Treasurer of State shall receive and disburse all federal funds received under this subchapter.
[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 - §6604. Substance abuse programs
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 7-A: SCHOOL SUBSTANCE ABUSE SERVICES (HEADING: PL 1989, c. 708, @2 (amd))
§6604. Substance abuse programs
1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings:
A. "Chemical health coordinator" means a person who serves as the coordinator of a local school administrative unit's chemical
primary and secondary prevention and education program.
[1987, c. 395, Pt. A, § 70 (new).]
[1987, c. 395, Pt. A, § 70 (new).]
2. Local programs. School units may institute special programs to address health and related problems.
[1987, c. 395, Pt. A, § 70 (new).]
div>
To further these objectives, school units may employ specialized personnel such as chemical health coordinators and others
knowledgeable in the field of substance abuse and may cooperate with public and private agencies in substance abuse education,
prevention, early intervention, rehabilitation referral and related programs.
[1987, c. 395, Pt. A, § 70 (new).]
Section History:
PL 1987,
Ch. 395,
§A70
(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 - §6605. Department role
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 7-A: SCHOOL SUBSTANCE ABUSE SERVICES (HEADING: PL 1989, c. 708, @2 (amd))
§6605. Department role
1. Personnel. The commissioner shall appoint, subject to the Civil Service Law, supervisors and consultants knowledgeable in the area of
substance abuse.
[1987, c. 395, Pt. A, §70 (new).]
2. Technical assistance. The department, through its supervisors and consultants, shall offer technical assistance to public and approved private
schools and cooperating community-based organizations to aid in the establishment and implementation of school-based substance
abuse programs and health education curricula.
[1987, c. 395, Pt. A, §70 (new).]
3. Cooperation; coordination. The department shall carry out its planning activities related to alcohol and drug education and prevention subject to coordination
with the Alcohol and Drug Abuse Planning Committee.
[1987, c. 395, Pt. A, §70 (new).]
4. Information collection and sharing. The Department of Education shall be authorized to gather information about substance abuse prevention and intervention programs
initiated by state or federal agencies whose efforts are directed toward private and public schools of the State, for the
purpose of sharing that information with school administrative units.
[1989, c. 700, Pt. A, §51 (amd).]
Section History:
PL 1987,
Ch. 395,
§A70
(NEW).
PL 1989,
Ch. 700,
§A51
(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 - §6606. Participation in substance abuse services
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 7-A: SCHOOL SUBSTANCE ABUSE SERVICES (HEADING: PL 1989, c. 708, @2 (amd))
§6606. Participation in substance abuse services
p align="center"> In compliance with written school policy adopted by a school board, the school board may require that a student who has
been determined to be in violation of school rules governing substance abuse or alcohol or drug possession participate in
a substance abuse assessment, education or support group service offered by the school. The school board shall provide for
notice to the parents or legal guardian of a student required to participate in such services. If the school board elects
to do so, it may request a parent or legal guardian to participate in the services.
[1989, c. 708, §3 (new).]
Section History:
PL 1989,
Ch. 708,
§3
(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 - §6651. Child care services
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 8: CHILD CARE SERVICES AND PARENTING EDUCATION (HEADING: PL 1987, c. 767, @1 (new))
§6651. Child care services
School administrative units may develop school-based child care services.
[1987, c. 767, §1 (new).]
div>
Private secondary schools, approved by the department in section 2951 for tuition, and whose school enrollments include at
least 60% publicly funded students as determined by the previous school year's October and April average enrollment as reflected
in records on file in the department, may also develop school-based child care services. The sending school administrative
unit shall not be liable for any costs except those costs that have been approved by the school board of the sending school
administrative unit.
[1989, c. 414, §14 (new).]
1. Purpose. The purpose of the school-based child care services is to:
A. Make it possible for student parents to continue attending or return to school;
[1987, c. 767, §1 (new).]
B. Provide parenting education and training in child development for teenage parents; and
[1987, c. 767, §1 (new).]
C. Aid teacher recruitment.
[1987, c. 767, §1 (new).]
[1987, c. 767, §1 (new).]
2. Program. School-based child care services shall:
A. Be developmentally based;
[1987, c. 767, §1 (new).]
B. Be available on a priority basis first to children of students in the school administrative unit or private school and 2nd
to children of teachers or other employees in the unit or private school; and
[1989, c. 414, §15 (amd).]
C. Include training in parenting and child development for the student parents of the children in the program.
[1987, c. 767, §1 (new).]
[1989, c. 414, §15 (amd).]
3. Subsidizable costs for school administrative units under the School Finance Act of 1985.
[2005, c. 2, Pt. D, §20 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
4. Cost to teachers and other employees. A school administrative unit or private school may offer school-based child care services to teachers and other employees
of the unit or private school in accordance with a policy established by the local school board which establishes the basis
for participation. The school administrative unit or private school shall charge a fee for provision of such services which
is at least equal to the per-child cost defined in subsection 3.
[1989, c. 414, §16 (amd).]
5. Costs to students. There shall be no cost to the student for enrolling a child in a child care service offered by a school administrative unit
or private school if the student has an educational plan, approved by the school unit or private school, leading to academic
progress and the attainment of reasonable educational goals.
[1989, c. 414, §16 (amd).]
6. Subsidizable cost of operating programs in private secondary schools. The cost of salaries and educational materials attributable to the child care services shall be calculated on a per-child
basis. One hundred percent of the cost per child times the number of children whose parents attend school in the private
school shall be subsidizable as program costs under the School Finance Act of 1985 if these costs are paid for by the school
administrative unit responsible for educating the student parents.
[1989, c. 414, §17 (new).]
Section History:
PL 1987,
Ch. 767,
§1
(NEW).
PL 1989,
Ch. 414,
§14-17
(AMD).
PL 2005,
Ch. 2,
§D20
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6652. Parenting and training in child development
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 8: CHILD CARE SERVICES AND PARENTING EDUCATION (HEADING: PL 1987, c. 767, @1 (new))
§6652. Parenting and training in child development
A school administrative unit or private secondary school which provides child care services under section 6651 shall offer
a one-semester course in parenting and child development to secondary school students.
[1989, c. 414, §18 (amd).]
Section History:
PL 1987,
Ch. 767,
§1
(NEW).
PL 1989,
Ch. 414,
§18
(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 - §6653. Rules
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 8: CHILD CARE SERVICES AND PARENTING EDUCATION (HEADING: PL 1987, c. 767, @1 (new))
§6653. Rules
The department may adopt rules governing this subchapter pursuant to the Maine Administrative Procedure Act, Title 5, chapter
375.
[1987, c. 767, §1 (new).]
Section History:
PL 1987,
Ch. 767,
§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 - §6654. School-based child care grants
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 8: CHILD CARE SERVICES AND PARENTING EDUCATION (HEADING: PL 1987, c. 767, @1 (new))
§6654. School-based child care grants
The department and the Department of Health and Human Services are authorized to provide assistance to school administrative
units to assist the units in establishing school-based child care services.
[2005, c. 2, Pt. D, §21 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 1989,
Ch. 551,
§1
(NEW).
PL 1991,
Ch. 550,
§
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
PL 2005,
Ch. 2,
§D21
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §6661. Nutrition education
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 9: NUTRITION EDUCATION (HEADING: PL 2005, c. 435, @1 (new))
§6661. Nutrition education
The department shall work with public schools to encourage nutrition education for students and for teachers and staff as
part of coordinated school health programs and school food service programs and in accordance with chapter 222. The department
shall work with public schools to encourage an outreach component for students' parents and guardians as part of a coordinated
school health program. The department may adopt rules to implement the purposes of this section. Rules adopted pursuant
to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
[2005, c. 435, §1 (new).]
Section History:
PL 2005,
Ch. 435,
§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 - §6662. Foods outside school meal program
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 9: NUTRITION EDUCATION (HEADING: PL 2005, c. 435, @1 (new))
§6662. Foods outside school meal program
1. Nutritional information. After August 31, 2008, food service programs must post caloric information for prepackaged a la carte menu items at the
point-of-decision.
[2005, c. 435, §1 (new).]
2. Food and beverages outside school lunch programs. The department shall adopt rules to establish standards for food and beverages sold or distributed on school grounds but
outside of school meal programs. These standards must include maximum portion sizes, except for portion sizes for milk, that
are consistent with single-serving standards established by the United States Food and Drug Administration. Rules adopted
pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Rules adopted pursuant to this subsection do not apply to food and beverages sold or offered at community events or fund-raisers
held outside the hours of the normal school day.
[2005, c. 435, §1 (new).]
Section History:
PL 2005,
Ch. 435,
§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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