Compodiumnotebook

Running head: Compendium
Notebook 1
Compendium Notebook
Emily Stacy
University of New England
EDU 702-School Law

Professor Cunningham
May 11, 2016
Compendium Notebook 2
Module 1: Legal Framework of Education

1. State Statutes That Cover Education
Title 20-A, are the revised State Statutes that cover education in the
State of Maine. In this statute there are major categories (10 parts
and 161 chapters) such as general provisions, school organization,
elementary and secondary education, specific education programs,
applied technology programs, other programs, post-secondary
education, teachers, school finance, rehabilitation services, learning
technology, and interstate compact on Educational Opportunity for
Military Children.
http://www.mainelegislature.org/legis/statutes/20-A/title20Ach0sec0.html
Part 1 General Provisions: General provisions states that it is the
responsibility of the local government to provide education to all
students within the age limitations. This section also includes the
outlines for the Board of Education and the department of education in
the state of Maine. General provisions includes the school volunteer
program and the Student Information Privacy Act.
Part 2 School Organization: School organization outlines the system
for schools in Maine and local school boards. It deals with how
appointments can be made and what appointments cant be made. It
deals with the organization of School Administrative Districts and the
requirements for them.
Part 3 Elementary and Secondary Education: This section
extensively provides all of the rules and regulations regarding
accreditation of both elementary and secondary schools as well as
curriculum and instruction for them. This also includes holidays and
transportation.
Part 4 Specific Education Programs: This is broken down into three
different sub-parts. The first sub-part is special education, which
focuses on students with disabilities at different ages. The second subpart is applied technology education, which deals with two different
schools for science and math in Maine and careers in the field. The
third sub-field deals with other programs, which includes adult
education, driver education, fire training, and several others.
Part 5 Post-Secondary Education
Part 6 Teachers: This part focuses on teacher certification, salaries,
leaves of absences, employment, standards for teacher-effectiveness,
qualifying exams for new teachers, educator effectiveness, and
teacher-recognition grants.
Part 7 School Finance: This category deals with the School Finance
Act of 1985, 1995, and 2003. This section also deals with school
construction and essential programs. This section also includes federal
aid and other funds.
Part 8 Rehabilitation Services: This section talks about the
Rehabilitation Act in depth. It also talks about deafness, assistance for
people to work, and care for people with severe disabilities.
Part 9 Learning Technology: This includes the Learning Technology
Fund which is to be used to research the best way to implement
technology into elementary and secondary schools for the purpose of
learning. It also deals with online learning programs.
Part 10 Interstate Compact on Educational Opportunity For
Military Children: This section talks about the Compact which
provides transition for students of active military duty parents.
2. Maine State Board of Education

In Maine, the Board of Education consists of nine members and two
non-voting student members. Members of the Board of Education
are appointed by the governor. Due to the fact that Maine has two
congressional districts, four members need to live in the first district
and four members need to live in the second district. The head of
the State Board is called the chairman.
http://www.mainelegislature.org/legis/statutes/20-A/title20Asec401.html
3. Maine Court System
The Maine court system is made up of the Supreme Court, which is
the highest court in the State and is made up of seven justices. The
Superior Court is the only court where cases can be heard in front of
a jury. There is also the District Court, which holds hearings in 13
districts and in locations throughout the State of Maine. There are
36 judges in this court and can be for civil, criminal, and family
cases. There is also the Family Division, which supports the District
Courts in issues relating to family decisions. There is also a DrugTreatment Court, a Business and Consumer Court, and a Small
Claims Court. http://www.courts.maine.gov
4. U.S. Circuit Court of Appeals
In the State of Maine the United States Court of Appeals is the First
Circuit. This court includes the States of Maine, Massachusetts,
Rhode Island, New Hampshire, and Puerto Rico.
http://www.ca1.uscourts.gov
5. Court Cases
School Administrative District 1, et al., v. Commissioner,
Department of Education
In this court case the court determined that the School Funding Law
for the State of Maine does not state that they have to provide
equal funding for each school district. This law was challenged by
the school district when they saw a reduction in local funding for the
district.
http://law.justia.com/cases/maine/supreme-court/1995/659-a-2d854-0.html
Tort Law (Module 2)

Statutes of Corporal Punishment: Corporal punishment was
outlawed in the State of Maine in 1975. However, reasonable force can
be used by a teacher for a temporary period if the circumstance is
severe enough that it needed to be used to control the behavior taking
place or to remove the student from the scene.
Physical Restraint and Seclusion: In Maine this can only be used as
an emergency intervention with a student. This is found in chapter 33
of the rules and regulations for the Department of Education. An
incident of seclusion or physical restraint must be reported
immediately to the school administrators and parents must be notified.
This should be the last possible option.
http://maine.gov/sos/cec/rules/05/chaps05.htm
Concussions: By January of 2013, every school board of a public
school in Maine had to adopt a policy on the management of
concussions and head injuries in sporting events and contests.
Coaches/athletic directors had to be trained, students and parents
have to review the policy, a student must be removed from activity
immediately following a head injury and the student must be removed
from practices and games until cleared by a doctor.
http://mainelegislature.org/legis/bills/bills_125th/billtexts/SP065401.asp
Bullying: Statute 20-A, Section 3 prohibits bulling on school grounds
as all students have the right to be safe in their place of education.
This also applies to any bullying that takes place at a school-sponsored
event and through technology. Every school strict is required to have a
written policy pertaining to bullying, which outlines the responsibility of
students and people involved, states the responsibilities of the
superintendent, and makes a statement on how bullying and
harassment are prohibited.
http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC
659.asp
Comparative Negligence: Comparative negligence is found in Maine
Statute 14, part one, chapter 7 and states that when there is death or
harm done but is at part the fault of the injured and partly the fault of
the other people involved, the jury can determine that the damages
are split between the two parties. This means that the person filing the
suit has to be determined to be at fault as well. If the injury results in
death of the plaintiff, the court can decide how much they were
responsible for and reduce the defendants damages.
http://www.mainelegislature.org/legis/statutes/14/title14sec156.html
Immunity Safeguards: In Maine Statute 20-A, Part 3, Chapter 201 it

states that if a teacher is using reasonable force on a student for a
limited time and it is used to control a childs disturbing behavior, or
remove the student from the area they can not be liable. If a teacher
intentionally used force that is harmful and substantial, they can be
held liable. Also, if a teacher is giving First Aid, CPR, or another
emergency medical response they cannot be held liable for the death
or injuries of a person if the death or injury was due in part to the care.
Court Cases: Lightfoot vs. MSAD#35 (2003): A high school wrestler

claimed negligence when he was injured while running through the
halls of his high school. The Superior Court ruled Government
Immunity for the school, which was affirmed after an appeal.
http://www.courts.maine.gov/opinions_orders/opinions/2003_document
s/03me24li.htm
Module 3 Church/State
Prayer or Meditation:
In the State of Maine, statute Title 20-A, Part 3, Chapter 209 states that
a moment of silence may be held for quiet reflection and meditation at
the beginning of the first period of the day on each day. No activities
can be engaged in during this time.
http://mainelegislature.org/legis/statutes/20-A/title20-Ach209sec0.html
Tax vouchers use for schools, including religious:
Under Statute 20-A, Chapter 117, Part 2, a private school can qualify
for public funds in terms of tuition if it is non-secular. According to the
statute this is in accordance with the First Amendment of the
Constitution. This is for families who do not live in a town with a public
school.
http://mainelegislature.org/legis/statutes/20-A/title20-Asec2951.html
Blaine Amendment:
In the State of Maine we do not have the Blaine Amendment. The
Blaine Amendment has been passed by 38 states. It states that
absolutely no money goes to support a sectarian school. Although
Maine does not have this, it does say in Statute 20-A, Part two, Chapter
117 in 2951 that funds to replace tuition will only go to non-sectarian
schools. This essentially does the same thing.
http://mainelegislature.org/legis/statutes/20-A/title20-Asec2951.html
Court Cases in Maine that Contest Church/State Issues:
Bagley v. Raymond: Parents wanted to send their students in Cheverus
High School, which is sectarian, because they live in Raymond, which
does not have a secondary public school. It was ruled that Maine was
not required to fund religious schools
http://www.courts.maine.gov/opinions_orders/opinions/documents/99m
e60ba.htm
Strout v. Albanese: This case was in response to the law in Maine
passed that made it so funds for students with no public school in their
town can have funding to go to another school. This law does not allow
funds to go to any sectarian schools. In this decision the court found
that Maine was not required to fund religious schools.
http://caselaw.findlaw.com/us-1st-circuit/1142673.html
Eulitt Eulitt v. Maine Department of Education: Parents of students in
Minot, who do not have their own secondary school, sent their kids to a
Catholic school, which they were paying for themselves. They sued the
Department of Education because they believed they should qualify for
free tuition but Maines law prohibits public funds from going to a
sectarian school. The court ruled this law was Constitutional and public
funds could not pay for their students tuition to a Catholic school.
Module 4 Classification:
Equity of Opportunity in Education: School funding is traditionally
based on revenue. The Essential Programs and Services model is used
to determine the amount of money and resources necessary for each
school so that an equitable education can be provided for every
student in Maine. The State and local school districts are both
responsible for contributing to EPS.
Guidelines for working with ESL children, illegal immigrants,
homeless, gender or other designated group: There are many
provisions designated English Language Learners. Title VI of the Civil
Rights Act of 1962 has been used to protect students who speak a
minority language from discrimination. Also, Title VII of the Elementary
and Secondary Education Act also gives financing for professional
development in the field of ESL. The updated version of this act holds
schools accountable for the proficiency of ESL students in core
academic areas. http://www.maine.gov/doe/el/laws/legal.html
Under statute 20-A, part 3, chapter 4701 in Maine law the language
that is taught in all Maine schools is English but schools can offer a
bilingual program in English and another language, and if a student is
transitioning to English.
For homeless youth, as defined as a person under the age of 21,
without a parent or with a parent who does not provide adequate care
and shelter, or has no nighttime residence, Statute 22, chapter 1071,
subchapter 16 provides a transitional living program for homeless
youth.
http://www.mainelegislature.org/legis/statutes/22/title22ch1071sec0.ht
ml
Court Cases:
Lewiston School District v United States: The Lewiston School
district in Maine has a high number of Somalian refugees attending
school in their district. This lawsuit was brought to ensure that ELL
students were receiving adequate educational services in their school
according to EEOA. They reached a settlement agreement, which
outlines what the district will do to ensure that it meets these
requirements.
https://www.justice.gov/crt/case-summaries
Doe vs. Clenchy: A transgender student at Asa Adams Elementary
School in the Orono School District in Maine brought suit against the
district when they did not allow her to use the communal girls
bathroom in school. Susan Doe was born a boy but identifies as a girl.
Penobscot County Superior Court ruled that the Orono School District
was not wrong to not allow Susan to use the girls bathroom.
http://legalclips.nsba.org/2011/06/29/maine-court-holds-school-districtofficials-are-not-legally-obligated-under-states-human-rights-law-toprovide-bathroom-accommodations-for-transgender-student/
Sexual Orientation Protections: According to Maine law, Title 5,
part 12, chapter 337 schools cant discriminate on the basis of sexual
orientation. They have to provide equal opportunity to play sports or
participate in extra-curricular activities to all students, regardless of
sexual orientation.
Module 5 Children with Exceptionalities

Guidelines for working with children with exceptionalities:
The guidelines for working with children with exceptionalities are found
in statute 20-A, Part 4, chapter 303. These provisions ensure that
regardless of a childs disability, they must be provided with an equal
opportunity in the least restrictive environment. The State of Maine
also must provide early intervention for these students from birth to
age 3. Children with disabilities must be education with students
without disabilities as long as it is not so severe that it requires the
student to be in a specialized setting.
Gifted and Talented:
Maine statute 20-A chapter 311 states that students who are
considered gifted and talented need to be provided with a specialized
instruction which is meant to guide them to perform at their highest
potential. This is 3-5% of students in Maine.
Court cases impacting the structure of special education:
Mr. and Mrs. I vs. MSAD #55: In this court case the parents of L.I., a
sixth grade student at Cornish Elementary School, sued the district for
going against IDEA when they did not compensate for the students
placement in Tamworth Community School. It was found that the
district court incorrectly identified the terms of IDEA and the court
should have ruled in favor of the parents.
http://law.justia.com/cases/federal/appellate-courts/ca1/06-1368/061368-01a-2011-02-25.html
Wendy Goodwin vs. MSAD#35: In this case the mother of a student

with exceptionalities tried to get compensation for attorney fees and
dues when she scheduled a due process hearing for her son before
enrolling him in a private school.
http://www.courts.maine.gov/opinions_orders/opinions/documents/98m
e263g.htm
Gayle Fitzpatrick vs. Town of Falmouth: In this case the mother of a
homeschooled student with Aspergers sued the Town of Falmouth
because she claimed they discriminated against her child in not
allowing him to use the schools playground during school hours. The
court ruled that because the student with Aspergers was displaying
inappropriate behavior that could be dangerous to other students, the
parents claim was rejected.
http://www.courts.maine.gov/opinions_orders/opinions/2005_document
s/05me97fi.htm
HOUSSE standards for special education teachers

High objective uniform standard evaluation is used to determine a
teachers competency in the subject they teach and prove they are
highly qualified. In an elementary school, if a special education teacher
is providing direct instruction for two or more subjects, they must be
highly qualified in those subjects. In high school and middle school a
special education teacher must be deemed highly qualified in the given
topic if directly instructing.
http://www.maine.gov/education/hqtp/
Module 6: Students Rights

Attendance: Maine Statute 20A, Part 3, Chapter 211, subchapter 1
states that children between 7 and 17 are required to attend school
during regular session during the regular school day. Exemptions are a
student who graduates before their 17th birthday, is age 15 or
completed the 9th grade, has parental permission to leave school, has a
work training program which is approved by the principal, has a written
agreement from the persons parents to meet with the school board
until the student is 17 to determine his/her educational needs, or
permission to leave school by the school board.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec5001A.html
Online Education: To be an online learning provider you must prove
that the content is non-sectarian, the course is comparable to state
adopted standards and offer credit, includes assessments, and
employees comply with fingerprinting and background checks. Also,
the online provider must have received training on how to set up the
course and must comply with the state technological accessibility and
privacy and policy standards. There are a list of online learning
providers on the Maine state website. This is part of Statute 20A,
Chapter 809.
Home schooling: A child can be excused from attending a pubic or
private school if they follow the mandates for a home schooling
program. These mandates include the parent providing written
notification to the public school in the district that they reside and the
Commissioner with the name and age of the student and the name and
address of the parents stating that they will be home schooled. The
parent must also provide a statement that they will provide 175 days
of instruction and will provide instruction in English, social studies,
science, math, physical education, art, health education, library skills,
and in one-year Maine studies. They also must annually provide at
least one form of assessment for the student, which can be one of five
things. A home schooled student may receive credit from a public
school for any specific class they enroll in. The student must abide by
all the rules and regulations of the class like the regular education
students. They also must have access to all extra-curricular activities
of the public school and must have the same transportation as all other
students.
Charter Schools: Charter schools can be authorized by school
districts and are eligible to receive services and resources like any noncharter school in Maine. Charter Schools function independently from
the school district. Students attending charter schools must be
reported to the Commissioner.
http:/f/www.mainelegislature.org/legis/statutes/20-A/title20Ach112sec0.html
User Fees: We do not have these in Maine
Confidentiality of HIV: When a student transfers to another school
district the release of medical records containing information that is
confidential like a student having HIV, can only be sent with
authorization from the student. It is sent directly to the school
administrator.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6001B.html
Health Concerns with Attendance: The superintendent must
require an immunization to attend school unless a doctor provides in
writing that he/she does not advise it, the parents express their
religious concerns against it in writing, or a parent gives written
consent that the child will receive an immunization within 90 days.
Student Records: Student information which is personally identifiable
must be kept confidential and may not be published online without the
consent of the students parents. Educational records must follow the
student and must be reported to the school district a student is
transferring to. Also, if a student is transferring schools, the
superintendent can request a notification from the previous school
which disciplinary actions have been taken or if the student has been
expelled or suspended. A parent can request written permission to be
notified about all extra-curricular activities.
School Curriculum Requirements/Testing: Statute 20A, chapter
207A, talks about the instruction requirements of public schools in
Maine. Schools must meet all of these requirements on what is taught
in Maine. This chapter also talks about proficiency based diplomas and
states that each school must develop and submit a program of study
for each subject taught. Chapter 206 talks about accreditation
requirements for public schools. There are 9 specific standards for
basic accreditation. Schools must also follow state standards for
assessment and are strongly encouraged to use the state accredited
tests for assessment of students. Schools must hire staff, who are
qualified to teach students in accordance to certification rules. English
must be the basic language of instruction but a bilingual instruction
can be used for students with limited knowledge of the English
language. There are also specific requirements in different subject
areas, such as a school must require United States history,
government, and civics must be taught in the curriculum.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach207Asec0.html
Students Rights (free speech, schools ability to censor,
confidentiality of records, dress code):
Confidentiality of records for students is protected under the Family
Educational Rights and Privacy Act (FERPA). As student or parent may
request to review educational records periodically.
http://www.ecfr.gov/cgi-bin/text-idx?
c=ecfr&SID=54cb1787db3d9317f4362a93bee602d7&rgn=div5&view=
text&node=34:1.1.1.1.33&idno=34
Free Speech for students does not go away when students are in
school. However, a school can limit freedom of expression if it is in the
form of a threat. They can only limit free speech if they believe it will
cause a significant disruption in the education of students. They can
also prohibit vulgar language. Dress codes can be enforced if what
they are wearing takes away from the learning of other students
because it is distracting.
http://education-law.lawyers.com/school-law/freedom-of-expression-inschools.html
Discipline: Every school is responsible for handling students

discipline. The school administrator can suspend a student for no more
than 10 consecutive days at a time. The school board is responsible for
expulsions. If a student is up for expulsion they must receive written
notice of the date and time of the school board meeting and there
needs to be notification of the incident. The student can bring anyone
with them that they would like. Written notice of the decision must be
mailed to the parents/guardians. Students can be expelled for bringing
a weapon to school, disobedience, or furnishing or trafficking drugs.
Truancy: If a student has completed the 6th grade and has missed ten
full days of school that are unexcused or seven consecutive school
days in a year they are considered truant. If a student is truant they
should be referred to the schools intervention system and a plan
should be made.
Court Cases:
Stanton v. Brunswick School Department: A student sued the school for
not allowing her to put her selected quote in the yearbook. It was
heard by the United States District Court in Maine. The student claimed
her Freedom of Expression had been violated under the First and
Fourteenth Amendments. The court ruled that the yearbook could not
be published without the students quote.
http://www.leagle.com/decision/19842137577FSupp1560_11893/STANT
ON%20BY%20STANTON%20v.%20BRUNSWICK%20SCHOOL%20DEPT.
Klein v. Smith (1986): A student made an obscene gesture at a teacher

outside of a restaurant and the school suspended the student for 10
days. The student sued claiming his First Amendment of Free Speech
was violated. The court ruled that because the incident happened far
from the school, they concluded that the school could not argue that it
disrupts the education of students so they did not uphold the
suspension.
http://law.justia.com/cases/federal/districtcourts/FSupp/635/1440/1438889/
Module 7: Teachers Rights
Tenure: In no place specifically does it say teachers have tenure in the
State of Maine. However, according to Title 20-A, Part 6, Chapter 503
after three years a teacher is out of the probationary period. Before the
three years is up a teacher can be let go of their job with no reason
given. This is not the case with a continuing contract as they must
have a just cause. If a superintendent lets a teacher go within those
first three years they must be notified in writing.
Whistle Blowing: The Whistleblowers Protection Act is protection for
employees if they refuse to commit illegal acts. If an employee reports
an unsafe working environment, abuse, assault, or something else of
this nature, the employee cannot be discriminated against. This Act
covers all government employees, including school personnel.
http://statelaws.findlaw.com/maine-law/maine-whistleblower-laws.html
http://legislature.maine.gov/statutes/26/title26sec833.html
Textbook Selection: The school board is required to set up a policy
regarding the selection of textbooks and other educational materials.
They may approve these materials.
Child Abuse and Neglect: Under Maine Law section 22 teachers,

among other professionals are required to report child abuse or neglect
if they know it is occurring or have reasonable cause. Teachers must
IMMEDIATELY report this abuse to the person in charge of the
institution. The teacher may also make a report directly to the
department.
http://www.mainelegislature.org/legis/statutes/22/title22sec4011A.html
Employee Discrimination: An employee is protected under Title 5,
Part 12, Chapter 337, Subchapter 3 of Maine State Law. Employers
cannot discriminate against an employee when hiring or in the
workplace on the basis of gender, race, age, national origin, sexual
orientation, physical or mental disability, religion, ancestry or because
the employee made a claim under Maine Labor Laws in the past. They
also cant recruit an employee based on any of these classifications.
Court Cases:
Decotiis v. Whittemore (2011) Decotiis was a state contractor who filed
suit because she felt her First Amendment right was violated after she
told parents that Child Development Services in Cumberland was not in
compliance with state regulations. Her contract was not renewed and
she believed she was being retaliated against. The courts eventually
agreed she was subject to qualified immunity.
Cole v. Maine School Administrative District #1 (2004) A seventh grade
social studies teacher claimed he was being retaliated against when
the school gave him a negative evaluation. It was found the school
district did not violate his rights by disciplining him for not following
the curriculum and criticizing it.
http://www.leagle.com/decision/2004493350FSupp2d143_1483/COLE
%20v.%20MAINE%20SCHOOL%20ADMINISTRATIVE%20DIST.%20NO.
%201
Cyr v. Madawaska School Department (2007): In the letting go of a
probationary teacher, the school district made public an investigative
report about the public upheaval of this incident. The court ruled that
by taking out certain parts of this report that they had not violated the
Freedom of Information Act.
http://caselaw.findlaw.com/me-supreme-judicial-court/1035234.html
Module 8: Terms and Conditions of Employment

Hiring and Appointment Laws and Regulations:
This is found under 20-A, Part 6, Chapter 503 of Maine State Law. In
this section it states that the school board officially hires a teacher
after the teacher is nominated by the superintendent. For a
probationary teacher, the superintendent has the choice of whether or
not to nominate the teacher again. For a teacher with a continuing
contract their contract is automatically extended for another year
unless they receive a letter of non-renewal six months prior. A tenured
teacher may request a private school board meeting following this
letter.
Teacher Termination: The school board can remove any teacher they
see as unfit even if they have a teaching certificate in the field. They
must give them a certificate of dismissal and the reasons for why.
Personal Evaluation and Record Keeping: Evaluations are done by
individual school districts. Probationary teachers are evaluated more
than teachers with a continuing contact. The Superintendent is
responsible for the record keeping of these evaluations.
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
Title 26 of Maine State Law talks about workplace unions. They
collectively bargain for the salary and wages of teachers, workplace
conditions, hours, and grievances. Educational policies are not in the
scope of what school unions can do. School unions negotiate the
contracts for teachers.

Compodiumnotebook

Caricato da

Informazioni sul documento

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

Compodiumnotebook

Caricato da

Copyright:

Formati disponibili

Running head: Compendium

University of New England

EDU 702-School Law

Module 1: Legal Framework of Education

2. Maine State Board of Education

Tort Law (Module 2)

Immunity Safeguards: In Maine Statute 20-A, Part 3, Chapter 201 it

Court Cases: Lightfoot vs. MSAD#35 (2003): A high school wrestler

Court Cases in Maine that Contest Church/State Issues:

Module 5 Children with Exceptionalities

Wendy Goodwin vs. MSAD#35: In this case the mother of a student

HOUSSE standards for special education teachers

Module 6: Students Rights

Discipline: Every school is responsible for handling students

Klein v. Smith (1986): A student made an obscene gesture at a teacher

Child Abuse and Neglect: Under Maine Law section 22 teachers,

Module 8: Terms and Conditions of Employment

Potrebbero piacerti anche