Maine Revised Statutes Title 20-A Sec. 405 – Powers and duties
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The state board shall have the following powers and duties. [PL 1981, c. 693, §§5, 8 (NEW).]
1. General authority. The state board shall have only the powers specifically stated in this Title.
[PL 1981, c. 693, §§5, 8 (NEW).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 405
- Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Kindergarten: means a one-year or 2-year childhood education program, for children at least 5 years of age, immediately prior to grade one. See Maine Revised Statutes Title 20-A Sec. 1
- Principal: means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. See Maine Revised Statutes Title 20-A Sec. 1
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1
- School board: means the governing body with statutory powers and duties for a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 1
- State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1
2. Advisory role. The state board shall advise the commissioner concerning matters contained in this Title.
[PL 1981, c. 693, §§5, 8 (NEW).]
3. Specific duties. The state board shall have the following specific powers and perform the following duties:
A. Make recommendations to the Legislature for the efficient conduct of the public schools; [PL 1981, c. 693, §§5, 8 (NEW).]
B. Approve the formation of school administrative districts; [PL 1981, c. 693, §§5, 8 (NEW).]
C. [PL 1985, c. 497, §3 (RP).]
D. Review, when necessary, decisions made by the commissioner on applications for additions to, dissolution of, transfers among, withdrawals from and closing of schools in school administrative districts and community school districts; [PL 1987, c. 395, Pt. A, §50 (AMD).]
E. Adopt or amend rules on requirements for approval and accreditation of elementary and secondary schools; [PL 1981, c. 693, §§5, 8 (NEW).]
F. Establish standards for the certification of teachers; [PL 1981, c. 693, §§5, 8 (NEW).]
G. Adjust the subsidy to a school administrative unit when the expenditures for education in the unit show evidence of manipulation to gain an unfair advantage or are adjudged excessive; [PL 1981, c. 693, §§5, 8 (NEW).]
H. Act on articles of agreement for creation of an interstate school district; [PL 1981, c. 693, §§5, 8 (NEW).]
I. Develop and adopt a plan for the establishment of career and technical education centers and regions and act upon applications to alter the delivery of career and technical education within career and technical education regions and center areas; [RR 2003, c. 2, §32 (COR).]
J. Adopt or amend rules on standards for school construction; [PL 1981, c. 693, §§5, 8 (NEW).]
K. Approve projects for state construction aid; [PL 1981, c. 693, §§5, 8 (NEW).]
L. Approve the formation of community school districts; [PL 1981, c. 693, §§5, 8 (NEW).]
M. Approve isolated secondary schools; [PL 1981, c. 693, §§5, 8 (NEW).]
N. Obtain information regarding applications for granting degrees and make a recommendation to the Legislature; [PL 1981, c. 693, §§5, 8 (NEW).]
O. Recommend funds to the Bureau of the Budget for equalization of educational opportunity; [PL 1993, c. 290, §1 (AMD).]
P. [PL 1989, c. 698, §12 (RP); PL 1989, c. 698, §76 (AFF).]
Q. Serve as state agency for administering federal funds for construction of school facilities and for career and technical education; [RR 2003, c. 2, §33 (COR).]
R. [PL 1985, c. 797, §11 (RP).]
S. Develop long-range education goals and standards for school performance and student performance to improve learning results as established in section 6209 and recommend to the commissioner and to the Legislature a plan for achieving those goals and standards; [PL 2001, c. 454, §6 (AMD).]
T. Establish and maintain a 5-year plan for education that includes goals and policies for the education of children who are 4 years of age in public preschool programs and children in kindergarten and grades one to 12 and that promotes services for public preschool children. The plan must incorporate and build upon the work of the Task Force on Learning Results established in Public Law 1993, chapter 290 and the federal GOALS 2000: Educate America Act; [PL 2013, c. 581, §1 (AMD).]
U. Review the organization of school administrative units statewide to identify current cooperative agreements between school administrative units. Cooperative agreements may include, but are not limited to: purchasing or contract agreements; administrative functions; shared staff and staff training; and technology initiatives. Based on the review, and in consultation with the department, the state board may recommend that school administrative units develop and carry out a plan for a cooperative agreement with one or more other school administrative units. “Cooperative agreement” may include agreements between school administrative units and career and technical education regions and career and technical education centers; [PL 2015, c. 72, §1 (AMD).]
V. Study school administrative unit configuration statewide; and [PL 2015, c. 72, §2 (AMD).]
W. Enter into an interstate reciprocity agreement regarding postsecondary distance education, administer the agreement and approve or disapprove an application to participate in the agreement from a postsecondary institution that has its principal campus in the State. [PL 2015, c. 72, §3 (NEW).]
[PL 2015, c. 72, §§1-3 (AMD).]
4. Review of department decisions.
[PL 1987, c. 395, Pt. A, §51 (RP).]
5. Overseeing school administrative districts.
[PL 1987, c. 395, Pt. A, §52 (RP).]
6. Recommendations to Legislature. The state board shall recommend to the Legislature any new legislation or amendments to existing legislation for the efficient conduct of the public schools and for achieving the education and performance goals and standards and the plan for the public schools developed in accordance with subsection 3, paragraph S.
[PL 1993, c. 290, §4 (AMD).]
7. Federal career and technical education aid. The state board shall administer any federal funds received for the benefit of career and technical education programs in the State. As the designated state agency authorized to administer federal funds, the board shall develop a state plan, approve the State’s application for career and technical education funds and disburse federal money as authorized and required by applicable federal law.
[PL 1993, c. 349, §44 (AMD); PL 2003, c. 545, §4 (REV).]
8. Maine Merchant Marine Day.
[PL 2019, c. 398, §8 (RP).]
9. Contract for services. The state board may contract for any necessary consultative services or support staff.
[PL 1987, c. 851, §7 (NEW).]
10. Comprehensive school budget approval procedure. The state board shall develop a model comprehensive school budget approval procedure and, working in conjunction with the department, strongly encourage school administrative units to adopt and implement the model as local school board policy. The model procedure must be designed to provide early and continuous collaboration between school officials and municipal officials and to encourage frequent opportunity for public comment in the development of each unit’s annual budget.
[PL 1999, c. 710, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 806, §7 (AMD). PL 1985, c. 497, §3 (AMD). PL 1985, c. 785, §B79 (AMD). PL 1985, c. 797, §§10-12 (AMD). PL 1987, c. 140, §2 (AMD). PL 1987, c. 395, §§A50-A52 (AMD). PL 1987, c. 851, §7 (AMD). PL 1989, c. 698, §§11,12 (AMD). PL 1993, c. 290, §§1-4 (AMD). PL 1993, c. 349, §44 (AMD). PL 1995, c. 395, §§J2-4 (AMD). PL 1999, c. 710, §1 (AMD). PL 2001, c. 454, §6 (AMD). RR 2003, c. 2, §§32,33 (COR). PL 2003, c. 545, §§4,5 (REV). PL 2005, c. 611, §§1,2 (AMD). PL 2013, c. 581, §1 (AMD). PL 2015, c. 72, §§1-3 (AMD). PL 2019, c. 398, §8 (AMD).