Compendium 1

State of Maine Law Compendium Melissa M. Roberts Lance Timberlake Abigail Allen Michael Rollins

Steven Klein School Law- EDU 702 2012

Compendium 2

Compendium Project School Law: State of Maine Module 1: Legal Framework of Education State Statues: In the state of Maine the laws created in regards to education belong to the state and are authorized by the State Constitution. A PDF file can be found at http://www.maine.gov/legis/const/homepage.htm. The section titled Part First: Education is found under Article VIII. http://www.maine.gov/legis/const/Constitution2005-12.htm Section 1: In the State of Maine it is the job of the legislature to make sure that towns at their own expense support and maintain public schools. Also the legislature can encourage and endow all schools, colleges and seminaries of learning within the State of Maine. Section 2: This section allows for the state to allot monies via bonds to support students and their parents for higher education. Not to exceed $4,000,000, the terms and conditions of these loans are authorized by the legislative body. The State statues that include education fall under Title 20-A. These statues can be found at http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach0sec0.html. The statues are broken down into ten parts. The parts include General Provisions, School Organization, Elementary and Secondary Education, Specific Education Programs, Post-Secondary Education, Teachers, School Finance, Rehabilitation Services, Learning Technology, and Interstate Compact on Educational Opportunity for Military Children. The Maine State Board of Education: http://www.maine.gov/sbe/index.html In the State of Maine the nine members of the State Board of Education are appointed by the Governor. The Governor also appoints two nonvoting student members. Within the Board there are four committees that are responsible for the Boards business. The head of the Maine State Board of Education is the Chair, James A. Banks. In addition the Board of Education works in an advisory capacity to the Commissioner of Education, Steven L. Bowen, and makes recommendations to the legislative and executive branches of the government. Maine State Court System: http://www.courts.state.me.us/maine_courts/index.shtml. Maine has three court systems, Supreme Court, Superior Court and District Court. Supreme Court is located in Portland and is presided over by the Chief Justice. This court hears appeals from family, civil, and criminal cases from civil actions and criminal cases. The Supreme Court is the governing body of the Judicial Branch for the State of Maine. The Governor and Legislature also seek out opinions and answers from the Supreme Court. Superior Court has 17 courthouses in the state. The Superior Court is a trial court of general jurisdiction. It is the only court system in Maine with a jury.

Compendium 3

District Courts has 36 judges in 13 districts around the state. The district court hears cases regarding civil, criminal and family cases. Court of Appeals: The State of Maine belongs to the First Circuit in the U.S. Court of Appeals. . The headquarters for this circuit are in Boston, Massachusetts. The Chief Judge is the Honorable Sandra L. Lynch. There are four Circuit Judges and three Senior Circuit Judges. http://www.ca1.uscourts.gov/?content=judges.htm State Court Cases: Maine along with 17 other states has filed a case in regards to the No Child Left Behind (NCLB) legislation. The basis of the law suit is that of limited funding from the Federal Government. The research states that NCLB is an insufficiently funded mandate. Senate Majority Leader Michael Brennan states that Maine is only being reimbursed for half of the mandate. http://www.heartland.org/schoolreformnews.org/Article/17378/Maine_Prepares_NCLB_Lawsuit.html Frequently asked questions and answers related to NCLB, Adequate Yearly Progress and the State of Maine can be found through the following link https://www.maine.gov/education/edletrs/2004/ilet/ilet36aypfaq.htm

Module 2: Church & State Relations Title 20-A, 4805 (2) Period of silence. The school board of a school administrative unit may require, at the commencement of the first class of each day, in all grades, in all public schools in their unit, that the teacher in charge of the room in which each class is held, shall announce that a period of silence shall be observed for reflection or meditation, and during that period silence shall be maintained and no activities engaged in. Title 20-A, 4805 (9) Religious holidays. A public school may acknowledge religious holidays by conveying a message of pluralism and freedom of belief, in some manner or form that does not endorse religion. In determining whether an acknowledgement endorses religion, school officials shall consider the context in which the acknowledgement appears or occurs. The link where these statutes are contained: http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach209sec0.html Title 20-A, 2951 Approval for tuition purposes. A private school may be approved for the receipt of public funds for tuition purposes based on these criteria: 1. Basic approval. Meets the requirements for basic school approval under subchapter I 2. Nonsectarian. Is a nonsectarian school in accordance with the First Amendment of the United States Constitution 3. Incorporated. Is incorporated under the laws of the State of Maine or of the United States 4. Reports and audits.

Compendium 4

5. Additional requirements. Complies with the reporting and auditing requirements in sections 2952 and 2953 and the requirements adopted pursuant to section 2954. 6. Student assessment. Any school that enrolls 60% or more publicly funded students, as determined by the previous year's October and April average enrollment, shall participate in the statewide assessment program to measure and evaluate the academic achievements of students. 7. Release of student records. Upon the request of a school unit, release copies of all student records for students transferring from the private school to the school unit. Maine state law contains no statute explaining any tax voucher system that would allow use at any school, including religious based educational institutions. The link where these statutes are contained: http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec2951.html The entirety of state laws regarding religion and education fall within Article 1 of both the Maine and U.S. Constitutions. There are limited laws in Maine discussing the topic of schools and religion. Court Cases: Robert Bagley et al. v. Raymond School Department et al. This case analyses whether or not Maine's tuition payment statute, 20-A M.R.S. 2951 (2) violates the Free Exercise Clause. The statute states that districts that do not have their own schools must provide tuition to resident families for use in other schools. Under the tuition program, students of parents residing in a school district, which neither maintain a secondary school nor contracts for secondary school privileges, may attend a school approved for tuition purposes. Since 1981, Maine State Legislature has made religious schools ineligible for the program by amending the statute so that the funds can be used on a private secondary school, only if it is a nonsectarian school in accordance with the First Amendment of the U.S. Constitution. Bagley and other parents wished to send their male students to Cheverus High School, an all-male, private Roman Catholic college preparatory school. After enrolling their sons, the parents asked the Raymond school district to pay the tuition, and Raymond refused citing that the school's religious affiliation disqualified them from the statute. The parents sued citing the Free Exercise Clause, claiming that the statute burdened their fundamental right to send their children to a religious school. The link for this case can be found here: http://www.courts.state.me.us/opinions_orders/opinions/documents/99me60ba.htm Module 3: Tort Liability State and/or Local Law With Respect to the Use or Nonuse of Corporal Punishment, Seclusion, and Restraint By School Personnel: 05 071 DEPARTMENT OF EDUCATION Chapter 33: RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION In 1975, Maine passed a law making it illegal for corporal punishment to be used in schools. Maine does have laws outlining the use of physical restraint and seclusion under certain

Compendium 5

circumstances. Maine law states that physical restraint and seclusion can only be used for emergency intervention purposes. An emergency intervention occurs when a student's behavior presents an imminent risk of injury or harm to the student or others. Physical Restraint, as defined by the State, is an intervention that restricts a students freedom of movement or normal access to his or her body, and includes physically moving a student who has not moved voluntarily. Seclusion, as defined by the State, is the involuntary confinement of a student alone in a room or clearly defined area, from which the student is physically prevented from leaving. Seclusion is not timeout. There is required notification and documentation when restraint or seclusion is used within a school building. Administration, the Department of Education and the parents or legal guardians must be notified when such restraint or seclusion is used. The link to these statutes: http://www.maine.gov/sos/cec/rules/05/chaps05.htm Comparative or Contributory Negligence: Title 14: COURT PROCEDURE -- CIVIL Part 1: GENERAL PROVISIONS Chapter 7: DEFENSES GENERALLY 156. Comparative negligence The state of Maine has a comparative negligence law stating that when a person suffers death or damage on part of their own fault or a part fault of another person(s), a claim about the death or damages may not be defeated by reason or fault of the person suffering the damage. The damages recoverable must be reduced to the extent decided by the jury that is equitable in regard to the claimant's share of responsibility of the damage. If such claimant is found by the jury to be equally at fault, the claimant may not recover. When a case involves multiparty defendants, each defendant is jointly and severally liable for the full amount of the plaintiff's damages. The link to these statutes:http://www.mainelegislature.org/legis/statutes/14/title14sec156.html Immunity Safeguards for School Personnel I could not find immunity safeguards pertaining to the state of Maine specifically. I did find the concept of governmental immunity, it originates from sovereign immunity that is based on the idea that the king could do no wrong, and therefore has no liability of unfortunate events. Retrieved from: www.sogpubs.unc.edu/electronicversions/slb/slbsprsum00/article2.pdf Child abuse and neglect statutes Title 22: HEALTH AND WELFARE Subtitle 3: INCOME SUPPLEMENTATION HEADING: PL 1973, C. 790, 1 (AMD) Part 3: CHILDREN Chapter 1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT Subchapter 2: REPORTING OF ABUSE OR NEGLECT Teachers, guidance counselors and school officials when acting in a professional capacity, are

Compendium 6

required to report suspected child abuse or neglect. A report is required when the person knows or has reasonable cause to suspect that a child is or is likely to be abused or neglected. The report must include the name, occupation and contact information of the person making the report. The department will protect the identity of reporters and other persons as appropriate when disclosing information in the records to a child named in a report, the childs parent, custodian, or caregiver, or a party to a child protection proceeding. The link to these statutes: http://www.mainelegislature.org/legis/statutes/22/title22sec4011-A.html Module 4: Student Classification State Statutes (or parts of the state constitution that look at equity of opportunity in education which includes school financing): In Maines Revised Statues, Title 5, Chapter 337: Human Rights Act, Subchapter 5-B: Educational Opportunity. http://www.mainelegislature.org/legis/statutes/5/title5ch337sec0.html In the Subchapter 5-B: Educational Opportunity, there are 4 categories listed: Right to freedom from discrimination in education, unlawful educational discrimination, rule making, and enforcement. The two that apply here are listed below: Part 1: 4601 Right to freedom from discrimination in education applies to equity of opportunity in education: The opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs and all apprenticeship and on-the-job training programs without discrimination because of sex, sexual orientation, a physical or mental disability, national origin or race is recognized and declared to be a civil right [2005, c. 10, 20 (AMD).] Direct link: http://www.mainelegislature.org/legis/statutes/5/title5sec4601.html Part 2: 4602 Unlawful Educational discrimination lists the unlawful action of exclusion or denial of persons based on sex, physical or mental disability, national origin or race, or sexual orientation. Direct link: http://www.mainelegislature.org/legis/statutes/5/title5sec4602.html Maine State Court Cases Involving Desegregation Issues Or Other Student Classification Issues: Doe v. Clenchy, 2011: A recent case involving a trans gender student, Susan Doe, who was allowed the choice to use the female bathroom, but a male student followed her in and local news media made a huge story out of the incident. The Superintendent of the school then limited Susan to the staff bathrooms. The parents sued, but the Maine Superior Court said the school district is not obligated under the states Human Rights Law to provide specific bathroom accommodations for transgender students. http://law.justia.com/cases/maine/superior-court/2011/pencv-09-201.html Sebastian M. v. King Philip Regional School District, 11-1489. A court case in the U.S. First Circuit Court involving a male student with mental retardation. His parents sued the school district to recover costs of private education, because they felt the school failed to provide him with FAPE, in the least restrictive environment possible. The district court ruled that the parents

Compendium 7

were not entitled to reimbursement of tuition. http://caselaw.findlaw.com/summary/opinion/us-1stcircuit/2012/07/16/259607.html State Statutes (that provide guidelines for working with ESL children, illegal immigrants, gifted children, disabled children, homeless children, gender or any other designated group): Title 20-A: Education, Part 4: Specific Education Programs http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach0sec0.html Subpart 1: Special Education has 10 chapters including: General Provisions, Children with Disabilities, Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School For The Deaf, Baxter Compensation Authority Records, Private and State Operated Schools, Infants and Children, Ages 0-5, with Disabilities, Infants and Children, Ages 0-5, with Disabilities- A, Transitional Services Coordination Projects For Students with Disabilities, Mental Retardation, and Gifted and Talented Students. ESL Children: 4701. English as language of instruction http://www.mainelegislature.org/legis/statutes/20a/title20-Asec4701.html The language of instruction in elementary and secondary schools shall meet these requirements: (1) basic language: the basic language of instruction in all schools shall be the English language; and (2) exceptions: a school may provide instruction in a language other than English in the following circumstances, subject to approval of the commissioner: A. Transitional instruction using bilingual techniques may be provided to students of limited proficiency in English; and B. Schools may also establish bilingual programs for the purpose of providing proficiency in both English and a 2nd language. Illegal Immigrants: http://www.maine.gov/education/esl/LegalProvisionsfortheEducationofEnglishLanguageLearners. html This court case illustrates the states policy for not denying a quality education to anyone, including illegal immigrants. Supreme Court - Plyler v. Doe (1981) The Supreme Court ruled that the Fourteenth Amendment prohibits states from denying a free public education to undocumented immigrant children regardless of their immigrant status, that all students in public schools must be appropriately served, including any students who may not be documented as legal immigrants. The court emphatically declared that school systems are not agents for enforcing immigration law, and determined that the burden undocumented aliens may place on an educational system is not an accepted argument for excluding or denying educational services to any student. A full text link is provided here: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0457_0202_ZS.html. Gifted Children: Chapter 311: Gifted and Talented Students 8101 - 8105

Compendium 8

The Maine legislature recognizes that the 3-5% of our student population that qualifies for GT services will be offered differentiated education programs aligned with section 6209 learning results. The differentiated learning plans purpose is to help gifted students reach their high potential and contribution to themselves and society. http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec8101.html Disabled Children: Chapter 303: Children With Disabilities 7201. Policy and Purpose The state of Maine must provide equal educational opportunities to all students, with the least restrictive education alternative, in a natural or least restrictive environment. A. Early intervention services must be provided in natural environments, including the home, and community settings in which children from birth to under 3 years of age without disabilities participate; and [2005, c. 662, Pt. A, 22 (NEW).] B. Children with disabilities between the ages of 3 and 20, in public or private facilities must be educated with children without disabilities. Special classes, separate schooling or other placement may occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. A student diagnosed as deaf must be educated with students without disabilities whenever possible, and must be educated under the principle of the least restrictive educational environment as set forth in state and federal laws, rules, and regulations. http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec7201.html Blind or visually impaired students: Accessible instructional materials and provisions for online learning programs for individuals with disabilities must be in alignment with the accessible instructional materials provisions of the federal Individuals with Disabilities Education Improvement Act of 2004. http://www.mainelegislature.org/legis/statutes/20-A/title20Asec7201.html Homeless Children: Title 22: Health and Welfare, Statute 4099-E. Comprehensive program for homeless youth: Maine students that are homeless have access to comprehensive programs through local agencies licensed by the department that provide street outreach, shelter and transitional living services. http://www.mainelegislature.org/legis/statutes/22/title22sec4099-E.html Gender: Title 5: Administrative Procedures and Services, 4602 Unlawful Educational discrimination lists the unlawful action of exclusion or denial of persons based on sex, physical or mental disability, national origin or race, or sexual orientation. Direct link: http://www.mainelegislature.org/legis/statutes/5/title5sec4602.html Other Designated Groups: Part 10 of Title 20-A: Interstate Compact of Educational Opportunity For Military Children Chapter 901 can be found at the following link: http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach901sec0.html

Compendium 9

Sexual Orientation: Part 2: 4602 Unlawful Educational discrimination lists the unlawful action of exclusion or denial of persons based on sex, physical or mental disability, national origin or race, or sexual orientation. Direct link: http://www.mainelegislature.org/legis/statutes/5/title5sec4602.html HOUSSE Standards For Special Education Teachers: High Objective Uniform State Standard of Evaluation is a state standard and a system by which the school or school district can determine that an experienced teacher meets the subject matter competency requirements in the law. www.maine.gov/education/hqtp/MaineModel.pdf

Special education teachers teaching multiple subjects (who, if they are new to the profession and highly qualified in language arts, mathematics, or science at the time of hire) may use HOUSSE to demonstrate competence in additional subjects within two years. All special education teachers who provide direct instruction in one or more core academic content areas. Special education teachers working in elementary settings (including those teaching self-contained classes in grades 6-8) must satisfy the definition of a Highly Qualified Teacher at the academic level of the students. Special Education teachers who work in departmentalized middle and secondary schools must satisfy the definition of a Highly Qualified Teacher based on the grade level(s) of the content/curriculum they teach rather than the chronological age of the students. Anti-bullying state laws This is a local newspaper article on legislature being adopted, concerning anti- bullying in Maine schools. http://bangordailynews.com/2012/03/17/politics/legislature-enacts-anti-bullying-bill/ Another news article addressing a late signing by Maines governor on an anti-bullying bill is found in the Portland Press Herald. The bill elaborates on existing law by providing a clear definition of bullying, an explicit prohibition of bullying behavior, alternative discipline strategies and teacher training on how to address and prevent bullying. http://www.pressherald.com/news/anti-bullying-bill-wins-late-ok-by-legislature_2012-05-22.html Module 5: Students Rights Attendance: http://www.mainelegislature.org/legis/statutes/20-a/title20-Asec5001-A.html 5001-A. Compulsory attendance. In the state of Maine attendance at school is required for children 7 years of age or older, and under 17 years of age. Students shall attend a public day school during the time it is in regular session. There are some exceptions. Listed under the exceptions those whose attendance at school shall not be required and include: A person who graduates from high school before that person's 17th birthday; A person who has: 1. Reached the age of 15 years or completed the 9th grade; 2. Permission to leave school from that person's parent; 3. Been approved by the principal for a suitable program of work and study or training; 4. Permission to leave school from the school board or its designee; and

Compendium 10 5. Agreed in writing with that person's parent and the school board or its designee

to meet annually until that person's 17th birthday to review that person's educational needs. When the request to be excused from school has been denied pursuant to this paragraph, the student's parent may appeal to the commissioner; A person who has matriculated and is attending an accredited, post-secondary, degreegranting institution as a full-time student. An exception to attendance in public school under this paragraph must be approved by the commissioner; or A person enrolled in an online learning program or course

Homeschooling: Information about homeschooling can be found on the same link as the attendance information. In Maine the homeschooling statue reads that there are four provisions that must be met in order to govern instruction in the home. 1. The parent or guardian must provide a written notice of intent to home school to both the school officials in the administrative unit where the child resides and to the commissioner within 10 calendar days of the beginning of the home school instruction. Within the letter the following information must be included: a. The name, signature, and address of the childs parent or guardian; b. The name and age of the student c. The date that the instruction will begin; d. A statement of assurance that states that the instruction will take place at least 175 days annually and that there will be instruction in nine identified areas along with Maine studies and use of computers. e. A statement of assurance that indicates that the schooling will include an annual assessment of the progress made by the student academically. 2. Each subsequent year the parent of guardian must submit a letter to the administrative unit and commissioner on or before September 1st stating that the intention to continue to provide home school instruction. There must also be a copy of an approved form of annual assessment to prove the childs academic growth. Approved testing include standardized tests that are administered through the administrative school unit, a school units developed and approved test, a review and acceptance of the students progress by a person that holds a valid and current Maine teaching certificate, a presentation of a portfolio, a review of student progress by an advisory board. 3. If the home school program is terminated that the student (if within the compulsory school age) must be enrolled in a public school or equivalent. Fees: In the State of Maine the school board decides and collects on student fees. http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec7407.html HIV Confidentiality: The information found in regards to HIV confidentiality had to do with student transfers. http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6001-B.html It states that there is a requirement that a transferring school obtain consent before transferring records related to a student having HIV. Under administrative procedures and services it states that in regards to the transfer of a students records the procedure is as follows:

Compendium 11 When release has been authorized, the custodian of the medical record may release, upon

request, the person's medical record, including any HIV infection status information contained in the medical record. Release of HIV infection status information pursuant to this paragraph is not a violation of any of the confidentiality provisions of this chapter.
When release has not been authorized, the custodian of the medical record may, upon

request, release that portion of the medical record that does not contain the HIV infection status information. Except as otherwise provided in this section, HIV infection status information may be released only if the person has specifically authorized a separate release of that information. A general release form is insufficient. Additional information regarding the transfer of medical records can be found through the following link: http://www.mainelegislature.org/legis/statutes/5/title5ch501sec0.html Vaccinations: According to Title 20-A 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. There are three exceptions. The parents can provide a letter, written assurance, stating that the child will be immunized within 90 days. There can be a medical exemption when a physician writes a statement explaining that one or more of the immunizations may be medically inadvisable. The third is when the parents/guardians state in writing that the immunizations are against a sincere religious belief. http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6355.html Student Records: Under Title 20-A there are four sections pertaining to student educational records and enrollment. They are found under 20104 Educational records and enrollment Article 4. This statue states that with unofficial records if they cannot be released to the parents or guardians then the sending school should compile the records according to the interstate commission and send them to the receiving school. Once they have been received the receiving school should enroll and appropriately place the child. With official records when the child is placed they may request the official records from the sending school. The sending school has 10 days to send the official records to the receiving school, unless another amount of time has been determined by the interstate commission. For immunizations the child must have all immunizations within 30 days of enrollment, or see above vaccinations section. Finally, Kindergarten and first grade entrance age. A student must be allowed to continue enrollment at grade level in the receiving state that is the same as the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state is eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state must enter the school in the receiving state on that student's validated level from an accredited school in the sending state. Information can be found here: http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec20104.html.

Compendium 12

Students Rights (Statues relating to students rights involving free speech, confidentiality of records, dress code): In the state of Maine, generally student rights, such as appearance, are not designated in state statues. There are specific rights addressed by the legislature such as search and seizure with respect to random drug testing. In regards to dress code, the local school board decides the policy. The schools ability to censor falls under state and federal freedom of speech laws. Confidentiality of records: This falls under 6001. Dissemination of information: This statue states that education records received are confidential and may not be further disseminated, except to the court or as otherwise provided by law. The persons to whom the education records are disseminated shall certify in writing to the school that the records will not be disclosed to any other party, except the court or as otherwise provided by law, without the written consent of the juvenile or the juvenile's parent or guardian. This statue can be found here: http://www.mainelegislature.org/legis/statutes/20-a/title20-Asec6001.html. Discipline: According to the Maine State statues, the school board may expel a student following a proper investigation of a students behavior and due process proceedings. It must be found that the expulsion is necessary for the peace and usefulness of the school. The school board may expel any student: Who is deliberately disobedient or deliberately disorderly;

For violence; Who possesses a firearm Who possesses, furnishes or traffics drugs

The student may be readmitted to the school if there is evidence that the behavior is unlikely to occur again. The school board can authorize a principal to suspend students up to a maximum of 10 days for infractions against school rules. In addition the school board can require a student whom was found in violation of a substance abuse/possession rule to participate in substance abuse services. This statue can be found here: http://www.mainelegislature.org/legis/statutes/20A/title20-Asec1001.html. Truancy: Information regarding the states truancy statues can be found under 5051-A. Habitual truancy. http://www.mainelegislature.org/legis/statutes/20-a/title20-Asec5051-A.html . A student is found habitually truant if he/she has: Completed grade 6 and has the equivalent of 10 full days of unexcused absences or 7 consecutive school days of unexcused absences during a school year or;

Is at least 7 years of age and has not completed grade 6 and has the equivalent of 7 full days of unexcused absences or 5 consecutive school days of unexcused absences during a school year.

Compendium 13

The statue also describes the procedure that the school will follow if a student is habitually truant. This includes trying to fix the issue informally. Other procedures include working with the family, changes in the learning environment, mentoring, counseling, tutoring, attendance contracts etc. Also, the student and parent(s) must attend a meeting with the teacher and other school employees to discuss a plan. Other components of this statue state that if the behavior is not corrected the superintendent must serve the parents of the truant child written notification stating the child is truant, the legal reasons a child should attend school and inform the parents that local authorities will be notified. More information can be found at the link listed above. Court Cases: The 2004 case Matos v. Clinton School District, U.S. District Court of Appeals, MA. In this case the student was working on a paper on her computer. She also typed some thoughts about an allegation about her principal and teacher having sexual relations. She printed the paper and put it among her personal belongings. The teacher asked to see her work and she refused and was sent to the office. The principal read the papers and had the vice-principal deal with the matter since the principal was mentioned in the paper. The vice-principal suspended the student for ten days. The student sued stating she did not have due process before the suspension; along with abridging her freedom of expression, right to privacy and illegal search and seizure. More information can be found at http://www.ca1.uscourts.gov/pdf.opinions/03-133201A.pdf

Module 6: Teachers Rights Maine State Tenure Laws: After a probationary period not to exceed 2 years, subsequent contracts of duly certified teachers shall be for not less than 2 years. Unless a duly certified teacher receives written notice to the contrary at least 6 months before the terminal date of the contract, the contract shall be extended automatically for one year and similarly in subsequent years. The right to an extension for a longer period of time through a new contract is specifically reserved to the contracting parties. All additional information about educational tenure in the state of Maine can be located here: http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13201.html Sexual Orientation: The following statute prohibits discrimination in education on the basis of sexual orientation: 4602. Unlawful educational discrimination Unlawful education discrimination on the basis of sexual orientation. It is unlawful education discrimination in violation of this Act, on the basis of sexual orientation, to: A. Exclude a person from participation in, deny a person the benefits of or subject a person to discrimination in any academic, extracurricular, research, occupational training or other program or activity; [2005, c. 10, 21 (NEW).]

Compendium 14

B. Deny a person equal opportunity in athletic programs; [2005, c. 10, 21 (NEW).] C. Apply any rule concerning the actual or potential family or marital status of a person or to exclude any person from any program or activity because of their sexual orientation; [2005, c. 10, 21 (NEW).] D. Deny admission to the institution or program or to fail to provide equal access to any information about an institution or program through recruitment; or [2005, c. 10, 21 (NEW).] E. Deny financial assistance availability and opportunity. [2005, c. 10, 21 (NEW).] The provisions in this subsection relating to sexual orientation do not apply to any education facility owned, controlled or operated by a bona fide religious corporation, association or society. http://www.mainelegislature.org/legis/statutes/5/title5sec4602.html Whistle Blowing: Employment Practices, Subchapter 5-B Protection of Employees Who Report or Refuse to Commit Illegal Acts (Whistle Blowers Protection Act). No employer may discharge, threaten or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because: The employee, acting in good faith, or a person acting on behalf of the employee, reports orally or in writing to the employer or a public body what the employee has reasonable cause to believe is a violation of a law or rule adopted under the laws of this State, a political subdivision of this State or the United States. Further information and clauses can be located here: http://www.mainelegislature.org/legis/statutes/26/title26ch7sec0.html State Textbook Selection Guidelines: The following statute addresses educational materials: 1001. Duties of school boards 10-A. Educational materials. They shall adopt a policy governing the selection of educational materials and may approve educational materials. Additional information can be found here: http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec1001.html Court Cases: SCHOOL ADMINISTRATIVE DISTRICT NO. 58 v. MOUNT ABRAM TEACHERS ASSOCIATION. An English teacher, with the principal, filed a grievance against a decision by the board of directors to remove a book from the curriculum arguing that the Board's decision moved beyond its legally recognized power to supervise curriculum into the rights of a teacher certified by the State of Maine to determine appropriate methodologies for the teaching of a work of literature. Ultimately it was decided that the book would remain as part of the curriculum as long as there was an alternative book as an option. Additional information about this case can be found here: http://caselaw.findlaw.com/me-supreme-judicial-court/1465709.html There are several cases addressing teachers rights in Maine District Courts at the following link: http://lawcrawler.findlaw.com/LCsearch.html?entry=teachers+rights+maine&restrict=pro&start=6 Other Items Found:

Compendium 15

The following section contains statutes that pertain to teachers rights. It encompasses topics from salaries, retirement benefits, grants, leaves of absence, etc for teachers. It can be located under Section 6 on Title 20-A. For additional information use the following link: http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach0sec0.html Module 7: Employment Law Licensure requirements for teachers and administrators: Chapter 13: QUALIFYING EXAMINATIONS FOR TEACHERS, EDUCATIONAL SPECIALISTS AND ADMINISTRATORS To obtain licensure within the state of Maine, applicants for provisional teacher certification must attain minimum qualifying scores on the Pre-Professional Skills Test (PPST) also known as PRAXIS I in the basic skill areas of reading, writing, and mathematics. Applicants must also meet minimum qualifying scores on the appropriate content area on the PRAXIS II exam, and on the appropriate Principles of Learning and Teaching (PLT) exam. The link to these statutes: http://www.maine.gov/sos/cec/rules/05/chaps05.htm. To be certified by the Department of Education, applicants must have the following general qualifications: Furnish evidence of good moral character when requested, be at least 18 years of age, be knowledgeable of physiology and hygiene, with special reference to the effects of alcohol, stimulants and narcotics upon the human system, hold a bachelors degree from an accredited institution, satisfactorily complete a state and national Criminal History Records Check based on fingerprints. As part of Chapter 115 Part I Section 4.4: Any bachelor's degree, graduate degree or required semester hours of academic study must have been earned at an accredited four-year institution. The link to these statutes: http://www.maine.gov/sos/cec/rules/05/chaps05.htm. Those who wish to attain administrator certification have the option of completing the School Leader Licensure Assessment or the School Superintendent Assessment after the completion of coursework to meet some competency requirements in accordance with Chapter 115 Part II. The link to these statutes: http://www.maine.gov/sos/cec/rules/05/chaps05.htm. A full outline for Out-of-State Certified Teachers and Educational Specialists can also be obtained at this website. Teacher Dismissal and Due Process Procedures: Chapter 115: CERTIFICATION, AUTHORIZATION, AND APPROVAL OF EDUCATION PERSONNEL SECTION 14. REVOCATION, SUSPENSION, DENIAL, AND NON-RENEWAL OF CERTIFICATES, AUTHORIZATIONS, AND APPROVALS 14.1 Grounds for Revocation and Suspension Teachers and administrators can be up for revocation or suspension for the following reasons: Evidence that a holder has injured the health or welfare of a child through physical, or sexual abuse or exploitation shall be grounds for revocation or suspension of a certificate, authorization, or approval; Evidence of a criminal conviction, The practice of fraud, deceit, or misrepresentation in

Compendium 16

obtaining a certificate, authorization, or approval from the Commissioner, or in connection with any services rendered within the scope of the certificate, authorization, or approval; Gross incompetence; Refusal to perform, or repeated negligent disregard of, duties required to be performed by the provisions of state or federal law or regulation; Habitual intemperance in the use of alcohol or habitual use of narcotic or hypnotic or other substances, the use of which has resulted in, the holder performing required duties; Harassment on the basis of sex, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature and/or Violation of Code of Ethics and Practice Standards by a school psychologist. The link to these statutes:http://www.maine.gov/sos/cec/rules/05/chaps05.htm . 14.2 Procedures for Revocation or Suspension Action The procedures used by the Commissioner's investigation and disposition of matters which may result in the revocation or suspension of any certificate, authorization or approval are as follows: The preliminary inquiry where Upon receipt of a written complaint or upon his or her own motion, the Commissioner may initiate a preliminary inquiry concerning allegations which could lead to revocation or suspension of a certificate, authorization or approval. The second step is the notice of revocation or suspension where the commissioner will notify the certificate holder that the investigation could lead to revocation or suspension. A delay of the Commissioner's action can be placed if any criminal proceedings are still being held. The determination of grounds for action follows citing there is a reason for revocation or suspension. The certificate holder has 30 days to respond in writing. An informal conference is then held where adequate notice is given about what will be discussed. When the Commissioner finds the complaint to be true a ruling is made where an agreement can be made with the certificate holder to consent with surrender, revocation or suspension of the certificate, authorization or approval or refer the matter to the Attorney General with a request that a complaint seeking suspension or revocation be filed in Administrative court. The commissioner may suspend or revoke a certificate in the circumstances permitted by 5 M.R.S.A. Chapter 10004 without first following the provisions of subsections (A)-(F). When a teacher has surpassed the 3 year probationary period and receives notice that their contract is not going to be renewed, they have 15 days following such notification to request a hearing with the school board. The hearing must be private except by mutual consent and except that either or both parties may be represented by counsel. That hearing must be granted within 30 days of the receipt of the teacher's request. The link to these statutes: http://www.maine.gov/sos/cec/rules/05/chaps05.htm Personnel Evaluation Requirements and Procedures: Sec. A-1. 20-A MRSA 1055, sub-10 The newly passed law gives the superintendent the responsibility of the evaluation of implementing a performance evaluation and professional growth system for all teachers and principals pursuant to chapter 508, and an evaluation system for all other employees of the school administrative unit. The superintendent will evaluate probationary teachers during their 2nd year or employment. The method of evaluation is developed by the school board to ensure compliance with the requirements of chapter 508.

Compendium 17

The superintendent will nominate all teachers according to regulations, governing salaries, and the qualifications of teachers as the school board mandates. After a probationary period of 3 years, subsequent contracts of duly certified teachers must be for no less than 2 years. Unless written notice is given to a certified teacher six months in advance, the contract must be extended for one year. The right to an extension for a longer period of time through a new contract, is specifically reserved to the contracting parties. The link to these statues: http://www.maine.gov/sos/cec/rules/05/chaps05.htm Child Abuse and Neglect Law: Title 22: HEALTH AND WELFARE Subtitle 3: INCOME SUPPLEMENTATION HEADING: PL 1973, C. 790, 1 (AMD) Part 3: CHILDREN Chapter 1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT Subchapter 2: REPORTING OF ABUSE OR NEGLECT Teachers, guidance counselors and school officials when acting in a professional capacity, are required to report suspected child abuse or neglect. A report is required when the person has reasonable cause to suspect that a child is, or is likely to be abused or neglected. The report must include the name, occupation and contact information of the person making the report. The department will protect the identity of reporters and other persons, as appropriate, when disclosing information in the records to a child named in a report, the childs parent, custodian, caregiver, for a child protection proceeding. The link to these statutes: http://www.mainelegislature.org/legis/statutes/22/title22sec4011-A.html Bargaining Rights and Delineation of Power In Teachers' Unions: Retrieved from: http://www.mainelegislature.org/legis/statutes/26/title26sec979-D.html Title 26: LABOR AND INDUSTRY Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT 979-D. Obligation to bargain It is the obligation of the public employee and the bargaining agent to bargain collectively. "Collective bargaining" means their mutual obligation: To execute in writing any agreements agreed upon, the term of any such agreement to be subject to negotiation, that shall not exceed 3 years, and to participate in good faith in the mediation, fact finding and arbitration procedures. As part of the policy, the state is to provide full and adequate facilities for the settlement of disputes between the employer and employees or their representatives, and other disputes subject to settlement through mediation. If either party is unable to settle their issue, they may jointly agree to call upon the Maine Labor Relations Board for fact-finding services. If the parties do not agree with the findings of the Maine Labor Relations Board, either party may request the executive director to assign a fact-finding panel. The link to these statutes: http://www.mainelegislature.org/legis/statutes/26/title26sec979-D.html

Compendium 18

Collective Bargaining Timeframe: The timeframe for collective bargaining begins with the requirement to meet within 10 days after receiving a receipt of written notice from the party requesting a meeting for collective bargaining purposes; provided the parties have not otherwise agreed in a prior written contract. The employer, union or employees involved in collective bargaining need to write a notification to the Executive Director of the Maine Labor Relations Board at least 30 days prior to the expiration of a contract; or 30 days prior to entering into negotiations for a first contract between the employer and the employees or whenever a dispute arises between the parties threatening interruption of work. Parties are allowed another 15 days on top of the previous 30 days, making a total of 45 days, in which to make a good faith effort to resolve their issue. The link to these statutes: http://www.mainelegislature.org/legis/statutes/26/title26sec979-D.html Negotiations: All matters relating to the relationship between the employer and employees shall be the subject of collective bargaining, except those matters which are prescribed or controlled by public law. A list of negotiable items (not limited to): wage and salary schedules to the extent they are inconsistent with rates prevailing in commerce and industry for comparable work within the State; work schedules relating to assigned hours and days of the week; use of vacation or sick leave; general working conditions; overtime practices; compensation system for state and legislative employees; job point to pay grade conversion tables; the number of and spread between pay steps within pay grades; temporary payment of recruitment and retention stipends; and the nature of and procedures governing appeals of the allocation or reallocation of job classifications to pay grades, resulting from any revisions to the compensation system. Rules for personnel administration also can be part of collective bargaining but does not include: rules relating to applicants for employment in state or legislative service; and state classified employees in an initial probationary status, including any extensions thereof, provided such rules are not discriminatory by reason of an applicant's race, color, creed, sex or national origin. Retrieved from: http://www.mainelegislature.org/legis/statutes/26/title26sec979-D.html

Compendium 19

REFERENCES Maine Revised Statutes: Title 14. (2012). Retrieved July 30, 2012, from http://www.mainelegislature.org/legis/statutes/14/title14sec156.html. Maine Revised Statutes: Title 26: Labor and Industry. (2012). Retrieved July 30, 2012, from http://www.mainelegislature.org/legis/statutes/26/title26sec979-D.html. Student Suicides and School System Liability. (2000). Retrieved July 30, 2012, from www.sogpubs.unc.edu/electronicversions/slb/slbsprsum00/article2.pdf. State of Maine Rule Chapters for the Department of Education. (2012). Retrieved July 30, 2012, from http://www.maine.gov/sos/cec/rules/05/chaps05.htm. State of Maine Rule Chapters for the Department of Education, (2012). Retrieved July 30, 2012, from http://www.maine.gov/sos/cec/rules/05/chaps05.htm.