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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 401. GENERAL PROVISIONS
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Title 20-A - §10001. Hemophiliacs
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 401: GENERAL PROVISIONS
§10001. Hemophiliacs
1. Participation in physical activity. A post-secondary institution may not require a hemophiliac to participate in physical activity hazardous to his or her physical
health, as a condition or requirement for a degree, unless the physical activity is approved by the state board as an essential
prerequisite to that degree.
[1983, c. 806, § 74 (amd).]
2. Admission. A post-secondary institution may not refuse admission to a hemophiliac solely because of his or her condition as a hemophiliac,
unless that condition would prevent participation in required courses of study of physical activity.
[1983, c. 806, § 74 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§74
(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 - §10002. Records of educational institutions
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 401: GENERAL PROVISIONS
§10002. Records of educational institutions
1. Preservation of records. The trustees or officers of a post-secondary institution, on going out of existence or ceasing to function as an educational
institution, shall turn over records of attendance and academic achievements by its students to the department. The department
shall preserve these records.
[1981, c. 693, § § 5, 8(new)]
2. Duty of the commissioner. The commissioner shall collect all attendance and academic records of post-secondary institutions within the State which
are now extinct and deposit the records in a place of safety and accessibility for preservation and future use.
[1981, c. 693, § § 5, 8(new) .]
3. Preparation of transcript. When requested, the commissioner shall prepare transcripts of grade records from these records of extinct institutions,
when they are needed by the former student for:
A. Further scholastic work at another institution of learning; or
[1981, c. 693, § § 5, 8(new).]
B. Certification for teaching or for other professional positions.
[1981, c. 693, § § 5, 8(new) .]
[1981, c. 693, § § 5, 8(new) .]
4. Copy as best evidence. When a transcript is made from the original and certified by the commissioner, it shall be considered and accepted as legal
evidence and, for all other purposes, as if it was the original.
[1981, c. 693, § § 5, 8(new) .]
5. Fee. The department shall charge a nominal fee for the actual cost of preparing those transcripts.
[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 - §10003. Fees for degrees
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 401: GENERAL PROVISIONS
§10003. Fees for degrees
An officer of a post-secondary institution may not receive as prerequisite a fee for a degree granted by the institute. Fees
of this type shall be paid into the institution treasury.
[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 - §10004. Prohibition of hazing
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 401: GENERAL PROVISIONS
§10004. Prohibition of hazing
1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
A. "Injurious hazing" means any action or situation which recklessly or intentionally endangers the mental or physical health
of a student enrolled at an institution in this State.
[1983, c. 159 (new).]
B. "Institution" means any post-secondary institution incorporated or chartered under the laws of this State.
[1983, c. 159 (new).]
C. "Trustees" means trustees or the governing board of every post-secondary institution incorporated or chartered under the
laws of this State.
[1983, c. 159 (new).]
D. "Violator" means any person or any organization which engages in hazing.
[1983, c. 159 (new).]
[1983, c. 159 (new).]
2. Adoption of rules. The trustees shall adopt rules:
A. For the maintenance of public order; and
[1983, c. 159 (new).]
B. Prohibiting injurious hazing by any student, faculty member, group or organization affiliated with the institution, either
on or off campus.
[1983, c. 159 (new).]
[1983, c. 159 (new).]
3. Penalties. The trustees 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 institution, the ejection of the violator from the campus or institution
property;
[1983, c. 159 (new).]
B. In the case of a student, administrator or faculty violator, the individual's suspension, expulsion or other appropriate
disciplinary action; and
[1983, c. 159 (new).]
C. In the case of an organization affiliated with the institution which authorizes hazing, recision of permission for that
organization to operate on campus property or receive any other benefit of affiliation with the institution.
[1983, c. 159 (new).]
These penalties shall be in addition to any other civil or criminal penalty to which the violator or organization may be subject.
[1983, c. 159 (new).]
4. Administrative responsibility. The trustees shall assign responsibility for administering the rules to an administrative officer of the institution and
establish procedures for appealing the action or lack of action of the officer.
[1983, c. 159 (new).]
5. Dissemination. The trustees shall clearly set forth the rules and penalties and shall give a copy of them to all students enrolled in the
institution.
[1983, c. 159 (new).]
6. Bylaws of organizations. The rules shall be part of the bylaws of all organizations affiliated with the institution.
[1983, c. 159 (new).]
Section History:
PL 1983,
Ch. 159,
§
(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 - §10005. State postsecondary review entity
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 401: GENERAL PROVISIONS
§10005. State postsecondary review entity
1. Department as state postsecondary review entity. The department is designated as the state postsecondary review entity for the purpose of carrying out the program integrity
triad of the Higher Education Act of 1965, 20 United States Code, Sections 1099a to 1099a-3, as amended.
[1993, c. 493, §1 (new).]
2. Rule-making authority. The commissioner has rule-making authority to implement the program integrity triad of the Higher Education Act of 1965,
20 United States Code, Sections 1099a to 1099a-3, as amended, concerning the conduct of the activities of the state postsecondary
review entity.
[1993, c. 493, §1 (new).]
Section History:
PL 1993,
Ch. 493,
§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 - §10006. Endowment incentives
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 401: GENERAL PROVISIONS
§10006. Endowment incentives
1. Endowment Incentive Fund; nonlapsing fund. The Endowment Incentive Fund, referred to in this section as the "endowment fund," is created to provide an incentive for
private donations for endowment purposes to and for the benefit of the University of Maine System, the Maine Community College
System and the Maine Maritime Academy, referred to in this section as "postsecondary entities," by providing matching state
funds for certain private donations for specified purposes. Any funds appropriated by the Legislature to carry out the purposes
of this section may not lapse and must be carried forward for continued use in the fund.
[1999, c. 511, §1 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
2. Treasurer of State authority for deposit of state funds; interest earned on the endowment fund; disbursement of endowment
funds. The Treasurer of State is responsible for the custodial care of the endowment fund and may deposit state funds pursuant
to Title 5, section 135. Interest earned on the investment of the endowment fund must be credited to the respective postsecondary
entity or its qualified institutionally related foundation. The Treasurer of State is responsible for disbursement of the
endowment fund, upon certification by the Chancellor of the University of Maine System, the President of the Maine Community
College System and the President of the Maine Maritime Academy that the criteria established in subsection 3 are met.
[RR 1999, c. 1, §26 (cor); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
3. Administration of endowment fund; boards of trustees; boards of visitors; academic purposes. The respective boards of trustees of the postsecondary entities shall adopt criteria establishing qualifications for private
gifts and grants to be matched from the endowment fund. For each university in the University of Maine System, the respective
university president must recommend qualifications for that institution's endowment fund criteria to the Board of Trustees
of the University of Maine System. Each university president may direct that university's board of visitors to review the
institution's unique fund-raising needs and advise the president on the board of visitors' final recommendations to the Board
of Trustees of the University of Maine System. The endowment fund criteria must provide that only private donations for academic
purposes may qualify for matching. For the administration of this endowment fund, "academic purposes" means scholarships,
professorships or other endowed faculty positions. These endowment fund criteria must:
A. Set standards for those types of gifts that qualify for matching;
[1999, c. 511, §1 (new).]
B. Establish minimum and maximum amounts for gifts to be matched from the endowment fund; and
[1999, c. 511, §1 (new).]
C. Establish any other qualifications determined by the respective boards of trustees to provide the greatest incentive for
encouraging private endowment gifts for academic purposes.
[1999, c. 511, §1 (new).]
[1999, c. 511, §1 (new).]
4. Qualified recipients; institutionally related foundations; management of endowment funds. Qualified recipients of private donations eligible for matching funds are the University of Maine System and each of its
universities, the Maine Community College System and each of its colleges and the Maine Maritime Academy, as well as institutionally
related foundations qualified under the Internal Revenue Code, Section 501(c)(3). Qualified institutionally related foundations
may receive and manage the investment of matching funds, and may, at their discretion, hold funds allocated to them. In the
absence of any conditions or restrictions to the contrary made by the donor, qualified recipients of private donations eligible
for matching funds may combine, pool or merge these funds with other similar gift and endowment funds.
[1999, c. 511, §1 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
5. Matching funds available to postsecondary entities. Upon determination that the criteria established in subsection 3 have been met, the State Treasurer shall provide that matching
funds be available to the 3 entities as follows:
A. For an appropriated amount of more than $10,000,000:
(1) University of Maine System 70%;
(2) Maine Community College System 25%; and
(3) Maine Maritime Academy 5%; and
[2003, c. 688, Pt. A, §15 (amd).]
B. For an appropriated amount of $10,000,000 or less:
(1) University of Maine System 75%;
(2) Maine Community College System 20%; and
(3) Maine Maritime Academy 5%.
[1999, c. 511, §1 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
[2003, c. 688, Pt. A, §15 (amd).]
6. University of Maine System; distribution formula. The Board of Trustees of the University of Maine System shall ensure that money from the endowment fund distributed to the
University of Maine System is allocated to each of the universities in proportion to the respective amounts of education funds
and funds appropriated to the General Fund allocated to the various universities.
[1999, c. 511, §1 (new).]
7. Reduction prohibited. Appropriations to the fund must be in addition to any other funds appropriated to the University of Maine System, the Maine
Community College System and the Maine Maritime Academy and may not be used to reduce appropriations for other purposes.
[1999, c. 511, §1 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
Section History:
PL 1999,
Ch. 511,
§1
(NEW).
RR 1999,
Ch. 1,
§26
(COR).
PL 2003,
Ch. 20,
§OO2
(AMD).
PL 2003,
Ch. 20,
§OO4
(AFF).
PL 2003,
Ch. 688,
§A15
(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 - §10007. Limitation on receipt of gifts, grants or donations; trustee policy and review
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 401: GENERAL PROVISIONS
§10007. Limitation on receipt of gifts, grants or donations; trustee policy and review
In furtherance of the provisions of section 10902, subsection 2, paragraph B, the Board of Trustees of the Maine Maritime
Academy, the Board of Trustees of the University of Maine System and the Board of Trustees of the Maine Community College
System shall each adopt a policy that ensures that each public system, its respective campus and any foundation related to
each public system or its campus is prohibited from accepting funds from any source that would interfere with or otherwise
restrict the academic freedoms typically accorded to the faculty of public higher educational institutions in teaching, research
and expression of opinions. Policies adopted or amended by the trustees of each public system must include the establishment
of a process for reviewing gifts, grants or donations of funds to ensure that the gifts, grants or donations of funds do not
include restrictions that would interfere with or otherwise restrict the academic freedom of the faculty of each public system.
This section may not be construed in such a way as to prohibit a donor from designating funds for a particular purpose or
use, including, but not limited to, research, scholarships, construction or development.
[2001, c. 86, §1 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
Section History:
PL 2001,
Ch. 86,
§1
(NEW).
PL 2003,
Ch. 20,
§OO2
(AMD).
PL 2003,
Ch. 20,
§OO4
(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 - §10008. Information on meningococcal disease and vaccine (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 401: GENERAL PROVISIONS
§10008. Information on meningococcal disease and vaccine (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1. Provision of information; report of vaccination. Each postsecondary educational institution incorporated, chartered or established under the laws of the State that has a
residential campus shall provide information on meningococcal disease and the meningococcal vaccine to each newly entering
student who plans to live on the residential campus. This information must include any recommendations issued by the national
Centers for Disease Control and Prevention regarding meningococcal disease and the meningococcal vaccine. The information
must be accompanied by a statement directing the student to share the information with the student's parents or legal guardians.
[2003, c. 581, §1 (new).]
2. Construction. This section may not be construed to require a postsecondary educational institution to provide the meningococcal vaccine
to students.
[2003, c. 581, §1 (new).]
3. (TEXT EFFECTIVE UNTIL 63008) Review; repeal. The joint standing committee of the Legislature having jurisdiction over health and human services matters shall review
the operation and effectiveness of this section by January 30, 2008 and may report out to the Second Regular Session of the
123rd Legislature a bill to amend or repeal this section. As part of its review, the committee shall consider the current
recommendations of the national Centers for Disease Control and Prevention regarding meningococcal disease and the meningococcal
vaccine. This subsection is repealed June 30, 2008.
[2003, c. 581, §1 (new).]
3. (TEXT REPEALED 63008) Review; repeal.
[2003, c. 581, §1 (new); T. 20-A, §10008, sub-§3 (rp).]
Section History:
PL 2003,
Ch. 581,
§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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