Running head: FINAL COMPENDIUM NOTEBOOK 1

Final Compendium Notebook

Stephen Richard

University of New England

Dr. Alan E. Liebowitz

School Law, EDU 702

December 17th, 2014

FINAL COMPENDIUM NOTEBOOK 2

State statutes that cover education:

A state statute is a written legislative enactment that is governed by the country, state or

county. The purpose of state statutes is to declare, prohibit or command a policy. In the state of

Maine, the statutes are found at the Maine Department of Education website;

http://www.maine.gov/doe/index.html. The complete list of all the statutes themselves are found

at a link towards the bottom of the page call “Maine Education Statutes” which conveniently

takes you to this inclusive list of statutes.

The categories of the statues are self-explanatory and as follows: Part 1 general

provisions, Part 2 school organizations, Part 3 elementary and secondary education, Part 4

specific education programs, with subparts special education, applied technology education, and

other programs, Part 5 post-secondary education. Part 6, teachers, Part 7 school finance, Part 8

rehabilitation services, Part 9 learning technology and Part 10 interstate compact on educational

opportunities for military children.

Web address: http://www.maine.gov/doe/cert/statutes/

State Board of Education - Are they elected or appointed, what is the head of the State

Board called?

First, here is the link to information regarding the State Board of Education. The purpose

of the State Board of Education is essentially to advise the commissioner in educational laws and

policies. Interestingly, the State Board of Education, while receiving support from the

Department of Education, are two separate entities. In Maine, the State Board of Education

personnel are appointed by the Governor along with two high school students who are not

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allowed to vote. The Chair of the Maine State Board of Education is Peter E Geiger and the vice

chair is Martha J. Harris. Both the chair and vice chair are voted in annually by the board.

Here is the complete list of members on the State Board of Education and a link referencing

them:

Peter E. Geiger, Chair - Martha J. Harris, Vice Chair - William H. Beardsley

Alan R. Burton - Nichi Farnham - Jana Lapoint - Heidi H. Sampson - Jane S. Sexton - Ande A.

Smith   - Gwendolyn E. Viles (Student) - Alyssa Wardwell (Student)

State Court System: Overall structure:

In Maine the general judicial court system starts with the Supreme Judicial Court, skips

the Intermediate Appellate Court, followed by the Superior Court and finishes with the District

and Probate Court. This information can be found at http://www.courts.maine.gov/.

The three main court systems are:

1) Supreme Court: the governing body of the Judicial Branch which is the final appeal.

2) Superior Court: general jurisdiction trial court where a juries are available.

3) District Court: Always without jury, this court is composed of 36 judges in 13 districts and

handles civil, family and criminal matters.

An easy to follow organizational chart of the overall court system structure of Maine can

be found at this website link. The chart has “citizens” at the top of the list, above the Governor

(Paul LePage). At a quick glance is seems as though citizens have highest authority, yet the

Legislative Council still governs the citizens.

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U.S. 1st Circuit Court of Appeals in Maine:

In 1789 the Judisiory Act of Maine (then part of Massachusetts) organized one judgeship.

Interestingly, this Court of Appeals system hears appeals from the Districts of; Maine,

Massachusetts, New Hampshire, Puerto Rico and Rhode Island.

Web home page: http://www.ca1.uscourts.gov/about-court

Major State court cases or cases settled within Maine Circuit Court that contested federal,

state, or local control of education:

While researching contested federal, state or local control of education, it was difficult to

find either a valid site or pertinent article. I asked my principal and superintendent and they were

not aware of any major contested legal issues at the state level. It was mentioned that in general

the State of Maine does not contest many of the federal laws because it is very financially

dependent on federal money. Though, the school in which I am employed is the only school in

the state of Maine that was able to effectively leave the SAD is was a part of. In a case of hiring

lawyers from Drummond and Woodson and $36,000 later a new law was written that allowed

Elm Street Elementary to leave the SAD that it was under. Finding a site that has this

information is difficult, though the paperwork does exist. The article mentioned below is the only

online piece I could find regarding the case of contested local control.

Web article: http://mdischools.net/20081007_Tuell_DECP_12TownsNeedtoApprove.htm

Module 2: Compendium Notebook – Tort Liability

Statutes with respect to corporal punishment, seclusion and restraint:

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As of April 29th 2013, the Maine DOE has implemented new rules concerning restraint

and seclusion. Along with the new revisions, training of a particular number of staff must be

obtained by an approved DOE program. Chapter 33, Rule Governing Physical Restraint and

Seclusion changed only slightly instead of “imminent risk of injury or harm” the wording has

been changed to “a risk of injury or harm” when using restraint or seclusion. Also a “physical

escort” is not considered to be “physical restraint,” this terminology makes it possible to escort a

student more easily when needed. The last change rids the wording “a brief period of physical

contact necessary to break up a fight”, again making it easier for staff in that situation. Since

chapter 33 is a document it can be seen and read on the State of Maine website by clicking on the

link, chapter 33.

Statutes relating to concussions:

Student safety should always be of top concern at any school. In May, 2012, Maine

developed their own policies (with the help of the Concussion Workgroup) regarding

concussions with guidelines for all schools to follow. There are approximately 1.7 million

concussions a year, with forty percent of them occurring in children from eight and thirteen. If

not managed properly, permanent brain damage or death could result from head injury, so

concussions are not taken lightly.

The concussion policy can be found at the Maine DOE site as a document and the page

also gives the guidelines of that policy. School personal and volunteers need to be trained on the

concussion guidelines at the start of the school year and coaches must be retrained every two

years. Both students participating in school sports and their parents/guardians should be given

information regarding concussions. Before students are allowed to participate in the school

sponsored sport they and their parent/guardian must sign and acknowledge that they read and

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understand the information given to them. Basically if a concussion is even suspected the student

must be removed from the activity, parents notified and doctors visit recommended. If a

concussion did occur medical notice must be given until the student can return to school even to

learn. A Concussion Policy Management Team appointed by the superintendent will be the

overseer of concussion and make sure the policy is being implemented properly.

Statutes relating to bullying:

Bullying has been a hot topic the past few years and continues to be of top priority in the

Maine education system. Not only is bullying a concern, but cyberbullying is becoming more

prevalent with so many social networks like facebook, twitter and blogging sites. The model

policy for bullying and cyberbullying is quite comprehensive, including seven categories.

Essentially the following behaviors are prohibited with consequences for breaking these rules:

1. Bullying;

2. Cyberbullying;

3. Harassment and Sexual Harassment (as defined in board policy ACAA);

4. Retaliation against those reporting such defined behaviors; and

5. Knowing and false accusations of bullying behavior.

Any form of written, oral or electronic expression, physical act or gesture directed at a

student or students can be considered bullying. To include the multitude bullying types,

fundamentally if a students’ rights are impeded in any way it may be considered bullying.

Reporting of the bullying should be done by any school employee or volunteer in writing or to

the principal directly. An investigation will follow the reporting of the incident. Written

documentation of the bullying case is then given to the superintendent and consequences follow

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such as: speaking with the parents, reflective activities, anger management, counseling,

restorative conferencing, community service, detention or suspension. Communication to parents

and even law enforcement if needed will explain what has been done to keep the child safe and

what will continue to be done.

Does your state have comparative or contributory negligence as a defense?

The state of Maine, along with ten other states has a modified comparative fault system.

This means that each side is responsible for their own percentage of fault, unless the plaintiff

holds 50% or more of the fault then they cannot recover any damages. This information can be

found at this website, from law firm Matthiesen, Wickert & Lehrer, S.C.

Immunity safeguards for school personnel:

Basically a teacher is safe when in charge of a class full a students, as long as they are

playing out their role of civic duty. A teacher must use a “reasonable degree” of force when

removing a student if needed or when stopping the disturbance from happening.

http://mainelegislature.org/legis/statutes/20-A/title20-Asec4009.html

Other items that were found:

In Bucksport Maine, John W. Smith sued the high school for negligence of the visitor bleachers

after he injured his leg on them. The court ruled a 4 to 3 decision to reject the appeal from John

W. Searle against the Bucksport Schools. The school claimed “immunity to Searle’s claim under

the Maine Tort Claims Act”. This act “provides immunity to governmental entities for claims

seeking recovery of damage, except in certain cases, including the public build-ing exception”.

In the end the bleachers were not considered to be part of a building, the school had some quality

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lawyers on their side. http://bangordailynews.com/2010/09/07/news/high-court-upholds-ruling-

in-injury-case-involving-bleachers/

Module 3 Compendium notebook – Church and State

State law that relates to a moment of prayer OR meditation on the books or any other

statute that addresses religion in the schools

As there is no such saying “separation of church and state” in the constitution like often

mentioned, it does seem as though such a rule exists. You may however have a moment of

silence or meditation according to the Maine state law, Chapter 209, Title 20 A. At the beginning

of each day, administration may require this moment of silence or meditation.

http://www.mainelegislature.org/legis/statutes/20-a/title20-Asec4805.html

State law relating to tax vouchers being used at any school including religious schools

A non-public school can actually receive money from the schools as long as they are not

affiliated with a religious group. Stipulations exist, such as the school must be incorporated

under the State of Maine or the United states and be in accordance with the First Amendment.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec2951.html

Identify if your state has a Blaine Amendment

On December 14, 1975, Representative James G. Blaine passed legislation that opposed

giving tax raised money or land to a religious sect associated with a school. Interestingly enough

even though Blaine was from Maine, the state does not follow the Blaine Amendment.

http://www.becketfund.org/blaineamendments/#tab1

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Any state court cases or cases settled within your Circuit Court that contested church/state

issues? - Other items that were found

In the small town of Minot, only 1,664 residents, three families wanted the state to pay

tuition for their children at a Catholic school. The plaintiffs did not win, the parents have the

choice to send their children to the public school if they wish to. The Chief Judge of the Federal

District Court in Maine, ruled that ''The law is clear, however, that they do not have the right to

require taxpayers to subsidize that choice.'' http://www.nytimes.com/1998/08/15/us/federal-

judge-in-maine-rejects-use-of-vouchers-for-religious-schools.html

Module 4: Compendium notebook – Student classification

State statutes or the part of the state constitution that looks at equity of opportunity in

education which includes school financing.

It is a civil right to be educated without discrimination on the basis race, color, sex,

sexual orientation, physical or mental disability, religion or nationality. There must be equal

access to public education. http://www.mainelegislature.org/legis/statutes/5/title5sec4601.html

The educational goal regarding financing is simple, to have equal learning opportunities

with technology and learning resources for students with disabilities, special needs and who are

financially challenged. Somehow these funds must be fanatically sustainable and used to

integrate technology as determined by the Maine Legislator.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec19102.html

State statutes that provide guidelines for working with ESL children, illegal

immigrants, homeless children, gender or any other designated group.

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English is the language that schools in the state of Maine instruct with, unless otherwise

designated by the commissioner. Schools may provide a second language as a means to provide

proficiency in a language other than English. The law states that ESL must be taught to English

learners who meet the needed requirements.

http://www.mainelegislature.org/legis/statutes/20-a/title20-Asec4701.html

By Federal law, an equal opportunity education must be provided to all regardless of

immigration status, or citizenship. http://mainedoenews.net/2011/05/26/immigrants-foreign-

students/

The McKinney-Vento Homeless Assistance Act assures the education of a homeless student and

their transportation. http://www.maine.gov/doe/homeless/

Does your state protect for sexual orientation?

It is unlawful to discriminate in anyway because of sexual orientation in a public school.

Sexual orientation provisions do not have to be followed in a bona fide religious corporation,

association, or society. http://www.mainelegislature.org/legis/statutes/5/title5sec4602.html

State court cases or cases settled within your Circuit Court that have involved

desegregation issues or other student classification issues?

A recent and very controversial case was one by the student who received $75,000. The

student, a transgender girl, was forced to use a staff bathroom instead of allowing her to use the

same girls’ bathroom as everyone else. “Maine's highest court ruled that school officials violated

the Maine Human Rights Act, which bans discrimination based on sexual orientation or gender

identity, overturning the lower court's ruling that the district acted within its discretion.”

http://rt.com/usa/211231-transgender-student-lawsuit-school-bathroom/

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Module 5 Compendium Notebook – Children with Exceptionalities

State statutes that provide guidelines for working with children of exceptionality including

all disabilities as identified in state law and gifted and talented, if addressed. 

The Federal law, IDEA (Individuals with Disabilities Education Act) governs the

delivery of special education to students from age birth to twenty. Timely evaluations must be

made along with providing appropriate services in a least restrictive environment if eligible.

http://www.maine.gov/doe/specialed/laws/index.html

Many federal laws are associated with IDEA and essentially exist for proper procedure

and implementation of the law. As usual, all students must be able to receive equal educational

opportunities, and this is no exception. Students should be placed in the most natural and least

restrictive environment possible. http://www.mainelegislature.org/legis/statutes/20-A/title20-

Asec7201.html Parents have the right to be a part of the team that creates and carries out the

rules in accordance to the federal law.

It is also recognized that gifted and talented students, which comprise of 3%-5% of the

students in Maine, need additional education opportunities. Each school shall plan and

implement their own gifted and talented program and the additional costs of the program are able

to be subsidized because of the Essential Services and Funding Act.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec8101-A.html

Any state court cases or cases settled within your Circuit Court that impact the structure of

special education and its delivery in your state.

Wendy Goodwin tried to get the Marshwood school system to pay for the attorney fees

and costs while her son was in special education proceedings. In the end the court concluded,

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“That no cause of action exists in Maine law for such fees, we affirm.” I suppose it was worth

the try. http://www.courts.maine.gov/opinions_orders/opinions/documents/98me263g.htm

HOUSSE standards for special education teachers

Currently, restrictions on the HOUSSE rubric are being waived because of the national

recession and Maine’s struggling education budget. In the case of necessary reassignments, the

temporary allowance of the HOUSSE rubric will allow aid for SAU’s.

http://www.maine.gov/education/hqtp/

Module 6 Compendium Notebook – Students’ Rights

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. 

Public school attendance is obligatory for anyone between the ages of seven and

seventeen. There are a few exceptions such as graduating before seventeen, parent or principal

approval, or on a basis of the student’s educational needs. There are also exceptions to the public

school route. A student may attend a private school or be homeschooled, both have to be

approved by the commissioner. http://www.mainelegislature.org/legis/statutes/20-A/title20-

Asec5001-A.html

If a student is homeschooled, parents must notify the state within ten days of home

instruction. Between grades six through twelve, assurance of at least one Maine studies course

and 175 days of instruction that includes physical education, health, science, and math, English,

social studies, library skills and fine arts must be taught. Some form of assessment allowed by

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the state of Maine must also be given to all homeschooled children.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec5001-A.html

Homeschool children also have the opportunity to join in public school extra-curricular

activities such as sports. Students also have the right to take advantage of special education

programs or join in non-core classes such as music or art. Parents take full responsibility of the

curriculum and the education of that child. http://www.maine.gov/doe/homeinstruction/

User fees fall under “local revenues” and serve as funding for required activities. The

purpose of it is to provide some local property tax relief and also help provide for the cost of

government. http://www.maine.gov/education/finances/mandates.html

HIV test results may only be given to the participant of the test and individuals that are

on a need to know basis. The need to know people include; a designated health care provider,

authorized person in disclosed writing, health care providers, research facilities, anonymous

testing sites, the Department of Health and Human Services, as a part of a medical record

release, court ordered disclosure, or state wide health information exchange.

http://www.mainelegislature.org/legis/statutes/5/title5sec19203.html

School enrolment is subject to the superintendent and certificate or acceptable evidence

of required immunizations or immunity to disease. Written assurance that the child will be

immunized with 90 days, a written statement by a physician stating that immunization is

unadvisable, or sincere religious beliefs or philosophical beliefs that go against the immunization

may be acceptable reason not to be immunized.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6355.html

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Dissemination of any personal information must have parent permission first before it

may be published on the internet. A school may disseminate student information to criminal

justice agencies as long as the student has not committed a juvenile crime or it pertains to a

rehabilitation plan of that student. http://www.mainelegislature.org/legis/statutes/20-A/title20-

Asec6001.html

Title 20-A: Education statutes, curricular requirements have been repealed. Along with

the basic curriculum being repealed so has the Language of instruction, industrial education,

driver education, agricultural and natural resource curriculums been repealed.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach207sec0.html

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4601.html

Any state statutes relating to students’ rights involving free speech (including a school’s

ability to censor), confidentiality of records, dress code

Students have many rights regarding freedom of speech and publication. Every student

has the responsible liberty to speak and publish sentiments on any subject, and no law shall be

passed regulating the freedom of press. http://www.maine.gov/legis/const/

The school has some ability to censor speech and publication. Related to the students personal

freedom is what they are “allowed” to do by the school, their speech cannot be defamatory,

obscene, vulgar or lewd. Does it affect the schools name or represent the school in a negative

manner? The speech may not cause disruption. This information was found in our text (Hillman,

S., & Trevaskis, D. (2014). School Law: Legal Framework, Guiding Principles, and Litigated

Areas).

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As mentioned before, student records primarily may not be disclosed to anyone without

parent consent first. http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6001.html

School dress code laws also pertain to a student’s freedom of speech. The case Tinker et

al. v. Des Moines Independent Community School District et al plays the main role in the dress

code for students. The same protocol exists for dress code, it cannot be defamatory, obscene,

vulgar or lewd. Does it affect the schools name or represent the school in a negative manner?

The dress may not cause disruption.

Discipline, research your state’s statute relating to suspension, expulsion and any other

disciplinary measure (like truancy or search and seizure, zero tolerance)

Suspension for a maximum of ten days does not need a stringent policy, any longer than

ten days requires a more strict policy to be followed by the school district. Expulsion needs an

executive session hearing with the school board, parents are welcome to attend if the child is

minor. http://www.mainelegislature.org/legis/statutes/20-a/title20-Asec1001.html

A habitually truant student needs to be addressed with the principal and then the

superintendent, with parent meetings to try and solve the issue before they get worse.

Interventions then proceed if the truancy problem cannot be solved.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec5051-A.html

Search and seizure need to be accompanied with this Balancing Test, two questions need

to be asked to judge reasonableness of search:

1. Whether the action was justified at its inception.

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2. Whether the search as it was conducted, was reasonably related in scope to the circumstances.

Resource was our text (Hillman, S., & Trevaskis, D. (2014). School Law: Legal Framework,

Guiding Principles, and Litigated Areas).

I did not find any “zero tolerance” in the discipline area of Maine state law.

Any state court cases or cases settled within your Circuit Court that involved student rights

such as freedom of speech, dress, discipline including search and seizure?

I found many freedom of speech rights cases, but not much in regards to education.

Module 7 Compendium Notebook – Teachers’ rights

Tenure—how is it defined in your state?  Do your non-tenure teachers have any due

process rights? 

Tenure is not specifically defined well in the state of Maine, I could not find it anywhere

after hours of searching. Maybe it does not exist. This is as close as I could find.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13201.html

State law on whistle-blowing - Title 26, chapter 7, subchapter 5-B

Discrimination or threats may not be made on any employee regarding compensation,

terms locations, locations or privileges. An employee is required to make a report under Title

22, section 3477 or 4011, and may not be let go because they were following the requirements.

http://www.mainelegislature.org/legis/statutes/26/title26sec833.html

State textbook selection guidelines?

It is the duty of the school board to adopt a policy to find or approve curriculum for the

school. Guidelines should meet appropriate age standards and intellectual level.

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http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec1001.html

Child abuse and neglect law

Additional family information on abuse and neglect can be found at this web address:

http://www.maine.gov/doe/healthed/areas/family.html

As teachers, we are all mandated reporters of suspected child abuse or neglect.

http://www.maine.gov/dhhs/mandated_reporters.shtml

Are there specific statutes that relate to protections against employee discrimination?

It is against the law for staff to discriminate against another staff for any reason

including, race, religion, color, sex, age, national origin, mental or physical disability, or sexual

orientation. Working in an environment with no discrimination is a right that we all have.

http://www.maine.gov/labor/labor_laws/publications/employeerightsguide.html#Discrimination

Any state court cases or cases settled within your Circuit Court involving teacher rights?

No education related case was found from a web search.

Module 8: Compendium Notebook – Terms and Conditions of Employment

Licensure/certification requirements for teachers and administrators

Interestingly a teacher must have good moral character if they want to be hired according

to law. The state board determines the qualifications for both teachers and administrators to

follow in order to be certified.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13011.html

Hiring and appointment laws/regulations

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The superintendent shall nominate all teachers subject to regulations the board makes.

After a three year probationary period, subsequent contracts are for two year stints.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13201.html

What is cause for termination of a teacher?

For teachers who have served beyond the three year probationary period there must be

just cause for dismissal. A private hearing may be requested as to why the contract was decided

not to be continued within fifteen days of notification.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13202.html

A teacher may be dismissed when they have gone through due process of a hearing and

investigation. The board may dismiss the teacher if they decide they are no longer profitable to

the school.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13202.html

Personnel evaluation and record-keeping

Models that include multiple measures must be implemented for the evaluation of both

teachers and administrators. Each school administrative unite may incorporate any desired model

to be used and nothing can prevent them from developing their own models to be used to

evaluate teachers and administrators.

http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13802.html

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

FINAL COMPENDIUM NOTEBOOK 19

The executive director or designee shall make the final decision if there is a dispute

between public employer and employee. To ensure the fullest freedom of exercising the rights of

a teacher and for the best interest of the community and purpose of collective bargaining, the

executive director of the board will decide each case.

http://www.mainelegislature.org/legis/statutes/26/title26sec966.html

It is the obligation of the employer to “bargain collectively” for mutual obligations to:

meet at a reasonable time, to meet within ten days of written notice from the other party, to

negotiate in good faith for fair wages, hours, working conditions and contract grievance

arbitration. All the agreements arrived at should be written down.

http://www.mainelegislature.org/legis/statutes/26/title26sec965.html

What can and cannot be negotiated seems to be unknown. I did not find any specific issue that

could not be negotiated on, though all negotiations needed to go through a due process. All

negotiations needed to be done by the book and in a professional manner, in good faith

negotiations must be made.

http://www.mainelegislature.org/legis/statutes/26/title26sec965.html