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Compendium Notebook
Compendium Notebook
Compendium Notebook
School Law: State of Maine
Joyce H. Fragale
School Law, EDU 702
University of New England
January 16, 2014
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levy, may be assessed on real, personal and intangible property in accordance with any
cost-sharing formula that it may authorize.
SECTION 14: Authority and procedure for issuance of bonds. The credit of the State shall not
be directly or indirectly loaned in any case, except as provided in sections 14-A, 14-B, 14-C and
14-D. The Legislature shall not create any debt or debts, liability or liabilities, on behalf of the
State, which shall exceed $2,000,000, except
Section 14-B: Authority to insure revenue bonds of the Maine School Building
Authority. In order to encourage and assist in the provision and construction of public
school buildings in the State, the Legislature by proper enactment may insure the
payment of revenue bonds of the Maine School Building Authority on school projects
within the State
Section 18: Limitation on use of funds of Maine State Retirement System. All of the assets,
and proceeds or income therefrom, of the Maine State Retirement System or any successor
system and all contributions and payments made to the system to provide for retirement and
related benefits shall be held, invested or disbursed as in trust for the exclusive purpose of
providing for such benefits and shall not be encumbered for, or diverted to, other purposes.
Section 18-A: Funding of retirement benefits under the Maine State Retirement
System. The normal cost of all retirement and ancillary benefits provided to participants
under the Maine State Retirement System must be funded annually on an actuarially
sound basis.
Section 18-B: Payment of unfunded liabilities of the Maine State Retirement
System. Each fiscal year beginning with the fiscal year starting July 1, 1997, the
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Legislature shall appropriate funds that will retire in 31 years or less the unfunded
liabilities of the Maine State Retirement System that are attributable to state employees
and teachers.
Maine Revised Statute Title 20-A: EDUCATION
Part 1: GENERAL PROVISIONS
Part 2: SCHOOL ORGANIZATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Subpart 2: APPLIED TECHNOLOGY EDUCATION
Subpart 3: OTHER PROGRAMS
Part 5: POST-SECONDARY EDUCATION
Part 6: TEACHERS
Part 7: SCHOOL FINANCE
Part 8: REHABILITATION SERVICES
Part 9: LEARNING TECHNOLOGY
Part 10: INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY
CHILDREN
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COMPONENT 2: Maine State Board of Education
Maine Commissioner of Education James E. Rier Jr.
Maine State Board of Education
Maine State Dept. of Education
Rules surrounding the Administration of the Department of Education including the
Commissioner of Education are covered under the Maine Revised Statutes Title 20-A, Part 1,
General Provisions.
Chapter 3: Department of Education, Subchapter 1: DEPARTMENT ADMINISTRATION
Subchapter 2: COMMISSIONER
http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach3sec0.html
Chapter 5: State Board of Education The Commissioner of Education, James E. Rier Jr., as well
as the members of The Maine State Board of Education are appointed by the Governor. The
board consists of eleven members, nine voting members and two non-voting student members.
COMPONENT 3: Maine State Court System
Maine State Court System
The Supreme Judicial Court
The Supreme Judicial Court is the State's highest court. It has seven justices, presided over by
the Chief Justice, the head of the Judicial Branch. The Court decides appeals on questions of law
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that arise in civil actions and criminal trials. Opinions are published and become binding on all
the Maine courts when they adjudicate similar disputes.
The Superior Court
The Maine Superior Court is Maine's trial court of general jurisdiction and is the only level of
court where jury trials are available.
The District Court
The District Court has 36 judges who hold court in 13 districts at many locations throughout
Maine. This court hears civil, criminal and family matters and always sits without a jury.
COMPONENT 4: U.S. Circuit Court of Appeals: U.S. Circuit Court of Appeals for the First
Circuit: The states of Maine, New Hampshire, Massachusetts, Puerto Rico, and Rhode Island
make up the first circuit.
COMPONENT 5: Major state court cases or cases settled within your Circuit Court that
contested federal, state, or local control of education. After extensive search of the U.S
Circuit Court of Appeals for the First Circuit website as well as the Find Law website, I was
unable to find cases fitting the above criteria. I did however find many interesting education
related cases including a lawsuit levied against a school within the AOS #96, then Union #104,
district for which I work: Godin v. Schencks, 09-2324.
MODULE 2: TORT LIABILITY
COMPONENT 1: Statutes with respect to corporal punishment, seclusion, and restraint.
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situations (Hilman and Trevaskis, p. 2-18). In 2005, Maine law was amended to require all
Maine schools to implement policies and procedures to address bullying, harassment, bias-based
harassment, and sexual harassment. In May 2012, the Legislature passed a new law: An Act to
Prohibit Bullying and Cyberbullying in Schools (PL 659). The law requires the Commissioner
of Education to create a Model Policy for Bullying and Cyberbullying, as well as policy and
procedure for addressing and tracking bullying incidents. Maine's Best Practices in Bullying and
Harassment Prevention offers suggestions for a comprehensive approach to bullying and cyber
bullying. The Machias Memorial High School Website hosts a link that outlines steps toward
bullying policy implementation including training. http://mmhsbulldogs.org/myinformation/bullying-and-harassment-prevention-plan/
Maine Revised Statutes, Title 20-A: EDUCATION, Part 3: ELEMENTARY AND SECONDARY
EDUCATION, Chapter 223: HEALTH, NUTRITION AND SAFETY Subchapter 6: SAFETY ,
6554. Titled: Prohibition on Bullying in Public Schools: outlines the states position
surrounding bullying in public schools and/or on school grounds, or which takes place during
school related activities or events including during transportation to and from or through
technology including Cyberbullying. A definition of bullying, as well as procedures to be
followed surrounding policy including staff training, reporting, discipline, parent notification,
and policy dissemination are included.
COMPONENT 4: Maine laws surrounding comparative or contributory negligence as a
defense; Immunity safeguards for school personnel? Immunity: Maine Revised Statutes,
Title 20-A: EDUCATION, Part 3: ELEMENTARY AND SECONDARY EDUCATION, Chapter
201: GENERAL PROVISIONS, 4009 Civil Liability:
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Teachers, or others, entrusted with the care of children may not be held civilly liable for the use
of reasonable force, with the exception of the intentional or reckless use of force that creates a
substantial risk of death, serious bodily injury or extraordinary pain. The same giving emergency
treatment to a student during a school program may not be held liable for injuries alleged to have
been sustained by that student except if recklessly or by gross negligence on the part of the agent
or employee.
Comparative Negligence: Maine Revised Statutes, Title 14: COURT PROCEDURE CIVIL,
Part 1: GENERAL PROVISIONS, Chapter 7: DEFENSES GENERALLY 156. Comparative
negligence. When a person suffers damage resulting partly from their own actions, as well as
partly from others actions, the responsibility for damages will be shared. If the claimant is
equally at fault, there will be no damages recovered. In the case involving several parties, each
defendant is liable to the plaintiff for the full amount of damages, unless a defendant requests a
review of percentage of fault.
COMPONENT 5: Applicable cases surrounding Tort Liability in Mainc.
WALTON v. MAINE SCHOOL ADMINISTRATIVE DISTRICT 52
LIGHTFOOT v. SCHOOL ADMINISTRATIVE DISTRICT NO 35
HALLISSEY v. SCHOOL ADMINISTRATIVE DISTRICT NO 77
MODULE 3: CHURCH AND STATE
COMPONENT 1: Maine state law that relates to a moment of prayer OR meditation on the
books or any other statute that addresses religion in the schools. Title 20-A: EDUCATION,
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COMPONENT 4: Any state court cases or cases settled within the Maines Circuit Court
that contested church/state issues.
BAGLEY v. RAYMOND SCHOOL DEPARTMENT
ANDERSON v. TOWN OF DURHAM
MODULE 4: STUDENT CLASSIFICATION
COMPONENT 1: Maine state statutes or the part of the Maine state constitution that
looks at equity of opportunity in education including school financing. CONSTITUTION
OF THE STATE OF MAINE, Article I., Declaration of Rights, Section 6-A. Discrimination
against persons prohibited. No person shall be deprived of life, liberty or property without due
process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of
that person's civil rights or be discriminated against in the exercise thereof.
Revised Statutes, Title 20-A: EDUCATION, Part 2: SCHOOL ORGANIZATION, Chapter 112:
PUBLIC CHARTER SCHOOLS:
2404. Public charter school eligibility; enrollment.
3. Discrimination prohibited. A public charter school may not discriminate on the basis
of race, ethnicity, national origin, religion, gender, sexual orientation, income level,
disabling condition, proficiency in the English language or academic or athletic ability...
2412. Operations
4. General requirements. A public charter school may not discriminate against any
person on the basis of race, color, sex, sexual orientation, physical or mental disability,
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religion, age, ancestry or national origin or on any other basis that would be unlawful if
done by a noncharter public school.
Part 3: ELEMENTARY AND SECONDARY EDUCATION Chapter 206: ELEMENTARY AND
SECONDARY SCHOOLS, Subchapter 1:BASIC SCHOOL APPROVAL, 4502. School
approval requirements
4-B. Economic discrimination. A school board may consider socioeconomic status when
assigning pupils to schools, however this cannot be the sole basis for assignment.
COMPONENT 2: Maine statutes that provide guidelines for working with ESL children,
illegal immigrants, homeless children, gender or any other designated group. Maine
Revised Statutes: Title 20-A: Education: Part 3: ELEMENTARY AND SECONDARY
EDUCATION
Chapter 207-A: INSTRUCTION, Subchapter 1: GENERAL REQUIREMENTS, 4701. English
as language of instruction outlines the requirements: The language of instruction in elementary
and secondary schools will be in the English Language with the exception of transitional
instruction for ELL students, and bilingual instruction with the goal of English proficiency,
pending approval of the commissioner.
Chapter 213: STUDENT ELIGIBILITY, 5205. Other exceptions to the general residency rules
7. Homeless students. Addresses educational placement according to the best interest of
homeless students, as well equity in services for homeless students.
COMPONENT 3: State court cases or cases settled within your Circuit Court that have
involved desegregation issues or other student classification issues?
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Chapter 301: General Provisions Covers definitions pertaining to special education, the state's
obligations under the federal Individuals with Disabilities Education Act, and provisions for
related services.
Chapter 303: Children with Disabilities Subchapter 1, General Provisions, includes equal
education opportunity, least restrictive environment, parents right as a member of the IEP Team,
instructional materials and participation in co-curricular activities, duties of School
Administrative Units, Due Process Hearings, and General Administration and Supervision.
Subchapter 2, Programs, including local special education programs, services and related
services, early intervention, and transition to adult services. Subchapter 3, Finances.
Chapter 311: GIFTED AND TALENTED STUDENTS
COMPONENT 2: Maine state court cases or cases settled within the Circuit Court that
impact the structure of special education and its delivery in your state.
WENDY GOODWIN v. SCHOOL ADMINISTRATIVE DISTRICT NO. 35
MS. M., as parent and next friend of K.M., a minor, v. PORTLAND SCHOOL COMMITTEE
D.B. EX REL. ELIZABETH B. v. ESPOSITO
SEBASTIAN M.; Lisa M., as Legal Guardian and Parent; Michael M., as Legal Guardian and
Parent, v. KING PHILIP REGIONAL SCHOOL DISTRICT; Massachusetts Department of
Elementary and Secondary Education, and its Bureau of Special Education Appeals, Defendants,
Appellees. 685 F.3d 79 (1st Cir. 2012)
COMPONENT 3: HOUSSE standards for special education teachers
http://www.maine.gov/doe/specialed/laws/chapter101.pdf
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included in this section are regulations outlining: Equivalent Instruction Programs (subchapter
1A, Truants (subchapter 2), Drop Outs (subchapter 3), and students experiencing school
interruption (subchapter 4).
Chapter 213, Student Eligibility, Outlines students right to attend school in another district.
Chapter 215, Transportation, Outlines students rights in regards to transportation
Chapter 217, Board, Outlines students rights in regards to Boarding.
Chapter 219, Tuition, Outlines students rights in regards to enrollment in schools outside of their
district and the associated costs, and regulations.
Chapter 221, School Records, Audits and Reports, Overviews guidelines pertaining to student
records in regards to Dissemination of Information, Parental Access to Information, Transfer of
Education Records, Birth Records, Attendance Records, Student Counts, and Maine Longitudinal
Data System.
Chapter 222, STANDARDS AND ASSESSMENT OF STUDENT PERFORMANCE, outlines
rules surrounding state and local assessment programs.
Chapter 223, Student Health, Nutrition and Safety, covers student health, immunization, school
health services, health screening, sanitary facilities, safety, school lunch program, school
substance abuse services, performance enhancing substances, physical education, childcare
services and parenting education, and nutrition education.
COMPONENT 2: Maines statutes relating to students rights involving free speech
(including a schools ability to censor), confidentiality of records, dress code
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Maine Revised Statutes, Title 20-A: EDUCATION Part 3: ELEMENTARY AND SECONDARY
EDUCATION Chapter 221: SCHOOL RECORDS, AUDITS AND REPORTS , Subchapter 1:
STUDENT RECORDS 6001. Dissemination of information 1. Federal and state law including
the United States Family Educational Rights and Privacy Act of 1974, Public Law 93-380, as
amended by Public Law 93-568, and the United States Education of All Handicapped Children
Act, Public Law 94-142 govern the dissemination of information about students, written notices
of intent to provide home instruction and education records of students receiving home
instruction. This includes Internet restrictions that require parental consent and dissemination of
records to criminal justice agencies.
COMPONENT 3: Discipline, Maine statute relating to suspension, expulsion and any
other disciplinary measure (like truancy or search and seizure, zero tolerance) Maine
Revised Statutes 20-A: EDUCATION,
Part 2: SCHOOL ORGANIZATION, Chapter 101: GENERAL PROVISIONS, Subchapter 1:
SCHOOL BOARDS, 1001. Duties of School Boards, 8A Due Process Standards for Expulsion
Hearings, Outlines the school boards duty in regard to due process when student behaviors result
in discipline that may include student expulsion.
Part 3: ELEMENTARY AND SECONDARY EDUCATION, Chapter 211: Attendance:
Subchapter 2, Truants. Outlines the policies and procedures for dealing with students who fit the
definition of Truant. Procedures include superintendent notification, referral to the student
assistance team, and finally notification of law enforcement.
COMPONENT 4: Cases settled within the First Circuit Court that involved student rights
such as freedom of speech, dress, discipline including search and seizure.
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Statement of Academic Honesty: I have read and understand that plagiarism policy as outlined
in the Student Plagiarism and Academic Misconduct document relating to the
Honesty/Cheating Policy. By attaching this statement to the title page of my paper, I certify that
the work submitted is my original work developed specifically for this course and to the MSED
program. If it is found that cheating and/or plagiarism did take place in the writing of this paper,
I acknowledge the possible consequences of the act/s, which could include expulsion from the
University of New England.
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