Running Head: 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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MODULE 1: LEGAL FRAMEWORK

COMPONENT 1: Maine State Statutes That Cover Education
MAINE STATE CONSTITUTION Article 1 outlines the rights of the people of Maine.
ARTICLE VIII
PART FIRST, EDUCATION
SECTION 1: Legislature shall require towns to support public schools; duty of Legislature.
Education being essential to the preservation of the rights and liberties of the people; it is the
duty of the Legislature to require towns to make suitable provision, at their own expense, for the
support and maintenance of public schools.
SECTION 2: Authority to pledge the credit of the State and to issue bonds for loans to Maine
students in higher education and their parents. For the purpose of assisting the youth of Maine,
the Legislature has the authority to authorize the credit of the State to be loaned to secure funds
for loans to Maine students attending institutions of higher education, wherever situated, and to
parents of these students.
ARTICLE IX, GENERAL PROVISIONS
SECTION 8: Taxation. All taxes upon real and personal estate, assessed by authority of this
state, shall be apportioned and assessed equally according to the just value...
PART 3: School districts. The Legislature shall have power to provide that taxes,
which it may authorize a school administrative district or a community school district to

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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

COMPENDIUM NOTEBOOK
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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In May of 2012 the United States Department of Education released a report

Restraint and Seclusion: Resource Document containing 15 principles to be used by states in
developing policy surrounding restraint and seclusion (Hilman and Trevaskis, 2014). Corporal
punishment is illegal in the state of Maine. Restraint and seclusion can only be used as a last
resort, by trained personnel, and in the event that a student may be in danger of self imposing
physical harm, or causing physical harm to others. The seclusion or restraint must be timed and
documented. After 10 minutes administrators must be notified to assess the situation. The
situation must be assessed every 10 minutes thereafter and the restraint or seclusion discontinued
at the earliest opportunity. Reporting and procedures are mandated depending on reoccurrences.
Guidelines for rooms to be used for seclusion are also outlined in Statute 05-071, Chapter 33 the
Rule Governing Physical Restraint and Seclusion. Chapter 33 was amended in April of 2013.
Details and support documents surrounding restraint and seclusion in Maine can be accessed on
the Maine restraint and seclusion website. The AOS #96 website outlines local policy.
COMPONENT 2: Statutes relating to concussions. The Centers for Disease Control outlines
facts and policies on its website, Injury Prevention & Control: Traumatic Brain Injury, and
issues this warning: Concussions can occur in any sport or recreation activity. All coaches,
parents, and athletes need to learn concussion signs and symptoms and what to do if a
concussion occurs (Hillman and Trevaskis, 2014, p. 2-16). The Maine DOE Model Policy
serves as a guiding document for school districts in developing policy surrounding Traumatic
Brain Injury. The policy outlines training for coaches and school personnel, parent notification,
and protocol for injury management.
COMPONENT 3: Statutes relating to bullying. Although there is no specific federal antibullying law, there are a number of federal statutes that may be applied to certain bullying

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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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Part 3: ELEMENTARY AND SECONDARY EDUCATION Chapter 209: SCHOOL DAYS,

HOLIDAYS, SPECIAL OBSERVANCES 4805. Other special observances.
Section 2. Period of silence: The school board of a school administrative unit may require a
period of silence for reflection or meditation.
Section 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.
COMPONENT 2: Maine state law relating to tax vouchers being used at any school
including religious schools. Maine Revised Statute, Title 20-A: EDUCATION, Part 2:
SCHOOL ORGANIZATION. Chapter 117.2951 Subchapter 2: Approval For The Receipt of
Public Funds by Private Schools. A private school may receive public funds for tuition if it
follows the appropriate guidelines.
Part 3: ELEMENTARY AND SECONDARY EDUCATION, Chapter 219: TUITION,
5804. Elementary School Students. Overviews rules surrounding tuition charged for
elementary school students. 5806. Secondary school students; private schools. Overviews rules
surrounding tuition charged for secondary school students in private schools.
COMPONENT 3: Identify if Maine has a Blaine Amendment. Maine Revised Statute, Title
20-A: EDUCATION, Part 2: SCHOOL ORGANIZATION. Chapter 117.2951 Subchapter 2:
Approval For The Receipt of Public Funds by Private Schools, A private school may receive
public funds for tuition if (1.) it follows the appropriate guidelines. (2.) Nonsectarian. Must be a
nonsectarian school in accordance with the First Amendment of the United States Constitution.

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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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John Doe v. RSU #26

COMPONENT 4: Does your state protect for sexual orientation? Maine Revised Statutes:
Title 20-A: Education: Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES. Part 12:
HUMAN RIGHTS.
Chapter 337: Human Rights Act. Subchapter 5-B: Educational Opportunity. 4602: Unlawful
educational discrimination. Part 4 outlines unlawful educational discrimination based on sexual
orientation.
Chapter 337-B: CIVIL RIGHTS ACT. 4684-A. Civil rights. a person has the right to engage in
lawful activities without being subject to physical force or violence, damage or destruction of
property, trespass on property or the threat of physical force or violence, damage or destruction
of property or trespass on property motivated by reason of race, color, religion, sex, ancestry,
national origin, physical or mental disability or sexual orientation.
COMPONENT 5: Other items that were found.
JOHN DOE et al. v. REGIONAL SCHOOL UNIT 26
MODULE 5: CHILDREN WITH EXCEPTIONALITIES
COMPONENT 1: State statutes that provide guidelines for working with children of
exceptionality including all disabilities as identified in state law and gifted and talented.
Maine Revised Statutes: Title 20-A: Education: Part 4 Specific Education Programs, Subpart 1,
Special Education:

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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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MODULE 6: STUDENTS RIGHTS:

COMPONENT 1: Students rights involving school attendance (compulsory age
mandates), online K-12 education, oversight of home schooling, charter schools, user fees,
confidentiality of HIV, health concerns with attendance (e.g., vaccinations needed), student
records, school curriculum requirements (testing, for instance), etc.
Maine Revised Statutes 20A, Chapter 201: GENERAL PROVISIONS: 4002. Schoolbooks,
apparatus and appliances: http://www.mainelegislature.org/legis/statutes/20-a/title20Asec4002.html: 1. Free schoolbooks. A school administrative unit shall provide its students
with schoolbooks and necessary apparatus and appliances at the expense of the school
administrative unit.
Chapter 207-A: INSTRUCTION, Covers general requirements as well as elementary and
secondary required courses of study.
Chapter 211, Subchapter 1, Attendance: Compulsory Attendance: Attendance is required for
students of the ages 7-17 with the exception of : Reaching the age of 15 or completion of 9th
grade; parental permission, principal approval of an alternative program, school board
permission, or matriculation into post secondary ed. Alternatives must offer equivalent
instruction and may include: online education, private school attendance, at home instruction,
and other as approved by the commissioner. Schools have no obligation to home schooled
students unless agreed upon by the administrative unit, to oversee assessments. Public schools
should ensure the rights of access for all school-age persons to an appropriate educational
opportunity and, when necessary, should develop alternatives to regular school curricula for
those children and youth at risk of becoming dropouts and those who may have left school. Also

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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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Lopera v. Town of Coventry, 09-2386

Havlik v. Johnson & Wales Univ., 07-1879
Module 7, Teachers Substantive Rights
Component 1: Tenure in Maine: Maine Revised Statutes, Title 20-A: EDUCATION, Part 6:
TEACHERS, Chapter 503: TEACHER EMPLOYMENT 13201. Nomination and election of
teachers; teacher contracts , Teachers are on probation for three years. Prior to May 15th before
the expiration of a first, 2nd or 3rd year probationary teacher's contract, the superintendent shall
notify the teacher in writing of the superintendent's decision to approve or decline nomination of
that teacher for another teaching contract. After a probationary period of 3 years, teachers
contracts must be a minimum of 2 years, unless a teacher receives notification at least 6 months
before the terminal date of the contract.
Component 2: Maine law on whistle-blowing: Maine Revised Statutes Title 26, Chapter 7,
Employment Practices, Subchapter 5B, PROTECTION OF EMPLOYEES WHO REPORT OR
REFUSE TO COMMIT ILLEGAL ACTS protects employees who report illegal acts.
Component 3: Maine textbook selection guidelines. Revised Statutes 20-A: EDUCATION,
Part 2: SCHOOL ORGANIZATION, Chapter 101: GENERAL PROVISIONS, Subchapter 1:
SCHOOL BOARDS, 1001. Duties of School Boards
Component 4: Child abuse and neglect law. Maine Revised 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, 4011-A.
Reporting of suspected abuse or neglect, overviews mandated reporter guidelines.

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Component 5: Maine Statutes Regarding Employee Discrimination. Maine Revised

Statutes, Title 20-A: EDUCATION, Part 1: GENERAL PROVISIONS, 6. Gender Equity
Hearings: This statute requires that the joint standing committee of the Legislature hold hearings
on the status of women in public school administration.
Part 2: SCHOOL ORGANIZATION, Chapter 101: GENERAL PROVISIONS, Subchapter 1:
SCHOOL BOARDS, 1001. Duties of school boards: 13. Nondiscriminatory hiring. They shall
develop a nondiscriminatory hiring practice for positions requiring administrator certification.
Part 3: ELEMENTARY AND SECONDARY EDUCATION Chapter 206: ELEMENTARY AND
SECONDARY SCHOOLS, Subchapter 1:BASIC SCHOOL APPROVAL, 4502. School
approval requirements.
4-A. Affirmative action plan. Each school administrative unit must develop an
affirmative action plan that includes a description of the status of the unit's
nondiscriminatory hiring practice.
Part 6: TEACHERS, Chapter 505: TEACHERS' SALARIES, 13401. Equal pay In assigning
salaries to teachers of public schools, discrimination may not be made between male and female
teachers with the same training and experience employed in the same grade or performing the
same kinds of duties.
Component 6: Maine court cases or cases settled within the First Circuit Court involving
teacher rights.
ATWATER v. CHESTER
Godin v. Schencks, 09-2324

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Module 8, Terms and Conditions of Employment

Component 1: Licensure/certification requirements for teachers and administrators
Maine Revised Statutes: Title 20-A: EDUCATION, Part 6: TEACHERS,
Chapter 501: CERTIFICATION AND REGISTRATION OF TEACHERS, 13003. Mandatory
certification; all teachers must be certified, there are penalties for certification falsification or
expiration.
Chapter 502: CERTIFICATION OF EDUCATIONAL PERSONNEL: outlines general
certification requirements.
Chapter 502-A: QUALIFYING EXAMINATIONS FOR INITIAL TEACHERS overviews
qualifying exams and scores for teacher certification.
Component 2: Hiring and appointment laws/regulations. Maine Revised Statutes Title 20-A:
EDUCATION, Part 6: TEACHERS, Chapter 503: TEACHER EMPLOYMENT, 13201.
Nomination and election of teachers; teacher contracts, The superintendent nominates teachers
for approval by the school board. Teachers are probationary for 3 years.
Component 3: What is cause for termination of a teacher? Maine Revised Statutes, Title 20A: EDUCATION, Part 6: TEACHERS, Chapter 503: TEACHER EMPLOYMENT, 13202.
Teacher dismissal. The school board will investigate and after notifying the teacher, dismiss
teachers who prove unfit to teach or whose services are no longer needed. The teacher will be
given a certificate of dismissal and reasons for the dismissal.

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Component 4: Personnel evaluation and record-keeping

Maine Revised Statutes, Title 20-A, Part 6, Chapter 508: EDUCATOR EFFECTIVENESS,
outlines elements of teacher evaluations systems to include: standards of professional practice,
multiple measures, a rating scale, a process by which to use the instrument to drive professional
development, implementation procedures, and an opportunity for educators to receive
professional development in order to improve upon areas of weakness.
Component 5: Union and collective bargaining regulations that could include delineation of
the powers of teachers' unions, time frame for the process, what can and cannot be
negotiated. Maine Revised Statutes,
Title 20-A: EDUCATION, Part 2: SCHOOL ORGANIZATION, Chapter 103-A: REGIONAL
SCHOOL UNITS ,Subchapter 2: FORMATION OF REGIONAL SCHOOL UNIT , 1464-A.
Overviews Collective bargaining in alternative organizational structures
Title 26: LABOR AND INDUSTRY, Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES
LABOR RELATIONS LAW, overviews collective bargaining obligations.
http://www.mainelegislature.org/legis/statutes/26/title26sec965.html

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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