§ 20-A §1001 — Duties of school boards

Maine § 20-A §1001

• Jurisdiction: Maine
• Title 20-A: EDUCATION
• Part 2: SCHOOL ORGANIZATION
• Ch. 101: GENERAL PROVISIONS

Text

School boards shall perform the following duties.
1.
General duties.
They shall have the duties prescribed to them in this Title.
1-A.
Adoption of policies.
They shall adopt policies that govern the school administrative units.
2.
Management of school property.
They are responsible for the management of the schools and shall provide for their custody and care, including repairs and insurance on school buildings and all school property in the school administrative units.
3.
Selection of superintendent.
They shall select a superintendent in accordance with section 1051 to carry out the duties specified in section 1055.
4.
No prohibition on use for political activity.
The use of school buildings may not be denied to a person solely because use is requested for a political activity.
5.
Insurance premiums and employee benefits.
They may:
5-A.
Public self-funded pools.
They may participate in a public self-funded pool created under Title 30‑A, chapter 117.
5-B.
Workers' compensation self-insurance.
Notwithstanding any other provision of this section, they may participate in or cause their school administrative unit to participate in a self-insurance program or plan for workers' compensation established under and operated in accordance with the Maine Workers' Compensation Act of 1992, Title 39‑A, chapter 9.
5-C.
Coverage under group health insurance plan for spouse and dependents after death of teacher.
If the spouse or other dependents of a teacher as defined in Title 5, section 17001, subsection 42 are covered by a policy of group health insurance provided by the school board and the teacher dies while employed by the board, the board shall provide an opportunity for the spouse or dependent to continue coverage under the group policy after the death of the teacher by making the premium payment for the cost of that coverage. In the case of underage dependent children of the teacher, coverage must be available at least until the dependent children reach 19 years of age.
5-D.
Group self-insured options.
Notwithstanding any other provision of this section, they may arrange for a group self-insurance program to provide health or dental insurance for employees and their families, including a group self-insurance program established through an interlocal agreement with other school administrative units or municipalities established pursuant to Title 30‑A, chapter 115. The following restrictions apply to self-insured group health or dental programs.
6.
Courses of study.
They shall adopt the courses of study in alignment with the system of learning results as established in section 6209 and in accordance with the requirements of this Title.
7.
Tuition payment for attendance by those resident on territory ceded to United States.
They shall prescribe the tuition for attendance of persons of the required age, resident in territory the jurisdiction of which has been ceded to the United States, included in or surrounded by the administrative unit.
8.
Operate public preschool programs, kindergarten and grades one to 12.
They shall either operate programs in kindergarten and grades one to 12 or otherwise provide for students to participate in those grades as authorized elsewhere in this Title. To the extent the State provides adequate start-up funding, they may operate public preschool programs or provide for students to participate in such programs in accordance with the requirements of this Title. They shall determine which students attend each school, classify them and transfer them from school to school where more than one school is maintained at the same time. If a school administrative unit neither maintains a school nor contracts for school privileges pursuant to chapter 115 and a student who resides in the school administrative unit is unable to enroll in another school administrative unit, the school board shall direct the superintendent of the school administrative unit where the student resides to make a written request to the commissioner to designate a place of enrollment for the student, pursuant to section 254, subsection 19.
8-A.
Due process standards for expulsion proceedings.
Following a proper investigation of a student's behavior and in accordance with the districtwide disciplinary policies adopted by the school board pursuant to subsection 15‑A, a school board that intends to consider expulsion shall ensure proceedings include the following due process provisions.
9.
Students expelled or suspended.
Following a proper investigation of a student's behavior and due process proceedings pursuant to subsection 8‑A, if found necessary for the peace and usefulness of the school, a school board shall expel any student, except a student who is enrolled in grade 5 or below:
9-A.
Students expelled or suspended under the requirements of the federal Gun-Free Schools Act.
The school boards shall adopt a policy for expelling a student who is determined to have brought a firearm, as defined in 18 United States Code, Section 921, to school or to have possessed a firearm at school and for referring the matter to the appropriate local law enforcement agency.
9-B.
Disciplinary sanctions for children with disabilities.
They retain the authority to sanction a child with a disability as defined in section 7001, subsection 1‑A for misconduct that violates school rules. Notwithstanding the duties of school administrative units as described in section 7202, the school board may authorize the superintendent, principal or assistant principal to enforce this subsection by allowing the superintendent, principal or assistant principal to suspend a child with a disability up to a maximum of 10 days individually or cumulatively for infractions of school rules. When a child with a disability is suspended for 10 days or less individually or cumulatively within a school year for a violation of school rules, the school board is not required to provide a tutor, transportation or any other aspect of the student's special education program. Discipline of children with disabilities must be consistent with the requirements of the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1415(k).
9-C.
Reentry for students after expulsion.
Upon making a decision to expel a student in accordance with procedures set forth in subsections 8‑A and 9, a school board may exercise one of the following options in expelling a student:
9-D.
Professional services after expulsion for a child with a disability.
Nothing in subsection 9‑C may be interpreted to require payment from the parents of an expelled student for professional services determined by the superintendent to be necessary to establish the student's readiness to return to school if:
10.
Physiology and hygiene.
10-A.
Educational materials.
They shall adopt a policy governing the selection of educational materials and may approve educational materials.
11.
Persons not immunized excluded.
11-A.
Exposure to communicable disease.
They shall adopt a policy for enforcement by the superintendent to safeguard the health of any student or employee who has contracted or been exposed to a communicable disease, in accordance with sections 6301, 6351-A and 6551, and Title 22, chapter 251.
12.
Salaries of persons absent.
They may adjust the salaries of teachers, principals and other persons legally employed by them who are compelled to be absent from their school duties. No reduction in pay may be made if absence is caused by the bona fide observance of designated holidays in the church of their faith. This subsection and section 13604 shall apply only in cases of persons who are employed on yearly contracts or on tenure of service and who hold the legal qualifications necessary for the positions.
13.
Nondiscriminatory hiring.
They shall develop a nondiscriminatory hiring practice for positions requiring administrator certification. That hiring practice must include:
14.
Insurance purchase by competitive bidding.
Except as otherwise provided by waiver, a school board shall oversee the purchasing of insurance by competitive bidding. On each insurance policy, a competitive bid must be sought at least once every 5 years. To take advantage of commercial package policies in the marketplace, a school board shall group qualifying lines of insurance into a single competitive bid process. Each policy secured by competitive bidding must be issued with a 3-year policy term or, if this is not possible, a commitment for 3 one-year policy terms must be secured with an option for 2 additional one-year policy terms, subject to annual review and adjustment.
15.
Adoption of student code of conduct.
With input from educators, administrators, parents, students and community members, they shall adopt a districtwide student code of conduct consistent with the statewide standards for student behavior developed under section 254, subsection 11. The student code of conduct must:
15-A.
School disciplinary policies.
When revising the prescribed consequences for violation of the student code of conduct pursuant to subsection 15, paragraph C, a school board shall consider districtwide disciplinary policies that:
16.
Comprehensive health and safety and emergency management plan.
Each school board shall annually approve a comprehensive health and safety and emergency management plan that meets nationally recognized practices and is developed by the school unit administration working collaboratively with appropriate stakeholders. The approval of a comprehensive health and safety and emergency management plan under this subsection is public information. At the request of any school board member or full-time school employee, the school board shall form a steering committee composed of school employees, including a school employee designated by that employee's school as having oversight regarding school safety, school board members, parents and others. A majority of the school employees must be chosen by the local representatives of the applicable bargaining unit if the school employees are covered by a collective bargaining agreement. The steering committee shall regularly review and refine the comprehensive health and safety and emergency management plan. The following information pertaining to a comprehensive health and safety and emergency management plan is public information:
17.
School bomb threat response policies.
Beginning with the 2002-2003 school year, each school board in the State must have adopted a school bomb threat policy that is consistent with the prototypical policies developed by the commissioner under section 263.
18.
Bomb threat information in student handbooks.
Beginning with the 2002-2003 school year, each school board shall include in its student handbook a section that addresses in detail the school's bomb threat policies and protocols. The section of the handbook must contain an explanation of the portions of the policies and protocols relevant to students and their families and explain to the students the educational and legal consequences of making a bomb threat to a school.
19.
Adoption of policy to manage concussive and other head injuries.
Beginning January 1, 2013, the school board of each public school and the governing body of each private school enrolling more than 60% of its students at public expense in this State shall adopt and implement a policy on the management of concussive and other head injuries in school activities and athletics that is consistent with the model policy developed by the commissioner in accordance with section 254, subsection 17.
20.
School board meeting public comment period.
A school board shall provide the opportunity for the public to comment on school and education matters at a school board meeting. Nothing in this subsection restricts the school board from establishing reasonable standards for the public comment period, including time limits and conduct standards. For purposes of this subsection, "school board meeting" means a full meeting of the school board and does not include meetings of subcommittees.
21.
Communication with school employees and the public.
A school board shall regularly communicate with school employees in the school board's school administrative unit and members of the public who reside within the boundaries of the school administrative unit.
22.
(REALLOCATED FROM T. 20-A, §1001, sub-21) Workplace bullying.
A school board shall adopt and implement a policy to address the negative effects of bullying of school employees by administrators, school employees, parents, students or any other individuals associated with the public school and to ensure the safety of employees and an inclusive environment for all employees and students in the public school. The policy must include, but is not limited to:
23.
Cellular telephone policy.
By August 1, 2026, a school board shall adopt and implement a policy related to use of personal electronic devices during the school day. The policy must include, but is not limited to, provisions related to student use of cellular telephones and wearable electronic devices with Internet or cellular network connectivity capabilities.
24.
(REALLOCATED FROM T. 20-A, §1001, sub-§23) Temperature standards for school buildings.
A school board shall adopt and implement a written policy establishing standards for minimum temperatures and maximum temperatures for school buildings. The policy must be posted on the school board's school administrative unit's publicly accessible website. A school board shall seek guidance from the department prior to adopting and implementing the written policy.

Legislative History

PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 661, §§1,2 (AMD). PL 1983, c. 806, §10 (AMD). PL 1983, c. 859, §§C1-C3,C7 (AMD). PL 1983, c. 859, §§K3,K7 (AMD). PL 1983, c. 862, §52 (AMD). PL 1985, c. 713, §3 (AMD). PL 1989, c. 425, §§1,2 (AMD). PL 1989, c. 708, §1 (AMD). PL 1989, c. 878, §B17 (AMD). PL 1989, c. 889, §6 (AMD). PL 1991, c. 885, §E20 (AMD). PL 1991, c. 885, §E47 (AFF). PL 1993, c. 157, §1 (AMD). PL 1993, c. 423, §1 (AMD). PL 1995, c. 322, §5 (AMD). PL 1997, c. 298, §1 (AMD). PL 1997, c. 594, §1 (AMD). PL 1999, c. 351, §2 (AMD). PL 1999, c. 424, §A1 (AMD). PL 2001, c. 67, §2 (AMD). PL 2001, c. 341, §2 (AMD). PL 2001, c. 454, §7 (AMD). PL 2001, c. 471, §D17 (AMD). PL 2001, c. 471, §D18 (AFF). PL 2001, c. 588, §§4-10 (AMD). PL 2001, c. 644, §1 (AMD). PL 2005, c. 307, §§1-3 (AMD). PL 2005, c. 662, §A6 (AMD). PL 2007, c. 408, §1 (AMD). PL 2009, c. 614, §1 (AMD). RR 2011, c. 1, §25 (COR). PL 2011, c. 249, §1 (AMD). PL 2011, c. 395, §§1-3 (AMD). PL 2011, c. 614, §§3-7 (AMD). PL 2011, c. 659, §2 (AMD). PL 2011, c. 688, §2 (AMD). PL 2013, c. 581, §2 (AMD). PL 2015, c. 420, §1 (AMD). PL 2015, c. 448, §2 (AMD). PL 2017, c. 407, Pt. A, §57 (AMD). PL 2019, c. 293, §1 (AMD). PL 2021, c. 281, §1 (AMD). PL 2021, c. 295, §§1-4 (AMD). PL 2021, c. 320, §§1-3 (AMD). PL 2021, c. 464, §1 (AMD). PL 2021, c. 471, §1 (AMD). RR 2021, c. 1, Pt. A, §15 (COR). PL 2023, c. 254, §1 (AMD). PL 2025, c. 125, §1 (AMD). PL 2025, c. 210, §1 (AMD). PL 2025, c. 308, §1 (AMD). RR 2025, c. 1, Pt. A, §27 (COR).