05-071-125 Me. Code R. § 3

Current through 2024-44, October 30, 2024

Section 071-125-3 - APPLICABILITY

3.01 Applicability

This rule applies to the school administrative units and public schools of the state as outlined in Section 1.01.

For purposes of this rule, all requirements and duties pertaining to a school administrative unit shall also apply to those public schools that are not part of a school administrative unit, except as indicated in Section 3.02. In this rule where reference is made to the superintendent, such requirements and duties shall apply to and be carried out by the chief administrator of the school. In this rule where reference is made to the school board of a school administrative unit, such requirements and duties shall apply to and be carried out by the policymaking entity with responsibility for the school. The Commissioner shall be deemed to exercise the authority of the school board for the schools in the Unorganized Territory. The Commissioner of Corrections shall be deemed to exercise the powers of the school board for schools located in or operated by a juvenile correctional facility.

3.02Exceptions

A. For a school administrative unit that tuitions 100% of its resident students out of the resident unit, the resident unit may work with the receiving public school administrative unit to develop policies and procedures for the population served.

1. The resident unit may not delegate the following requirements and/or policies to be covered under another unit's policies:

a. Nondiscrimination/Equal Opportunity and Affirmative Action Plan;

b. School Finances, Accurate Account, Audit, and Report to School Board;

c. Disposal of Personal School Property;

d. Transportation;

e. Personnel Clearance and Certification;

f. Personnel Directory and Confidentiality;

g. Opportunities for CTE Participation;

h. Section 504 and Special Education Programming;

i. Response to Intervention;

j. Student Rosters;

k. Students Records Policy (FERPA);

l. Education Records Release Policy; and

m. Education Records Retention Policy.

2. The resident unit may delegate specific requirements as follows:

a. Lau Plan - may delegate English Learner (EL) services and policy to be provided by receiving public unit, but must participate in EL identification of a resident student;

b. Homeschool Students - may delegate policy to be provided by receiving unit, but must ensure access and attendance, keep records/rosters of homeschoolers, and provide homeschool guidance;

c. Assessment/Curriculum Development and Review Plan - may delegate plan to be provided by receiving unit, but resident unit must ensure access/compliance/reporting; and

d. Dropout Prevention and Reintegration Plans/Committees - may delegate plans and committee oversight to be provided by receiving unit, but must maintain knowledge of at-risk students and participate in committee trainings and planning pertaining to resident students.

3. A school administrative unit that tuitions 100% of its resident students out of the resident unit may delegate all requirements except as outlined in Sections 3.02(A)(1) and 3.02(A)(2).

B. Career and Technical Education Centers are under the administration of a school administrative unit as determined by Title 20-A M.R.S. Chapter 313 and must be included in the SAU provision of all policies and requirements. Career and Technical Education Regions have a separate administrative structure, but for purposes of School Approval must certify the following.

1. Nondiscrimination/Equal Opportunity and Affirmative Action Plan

2. School Finances Accounting, Audit and Reporting

3. Policy for the Disposal of Personal School Property

4. Facility Maintenance and Capital Improvement Plan

5. Chemical Hazard Communications Plan

6. Emergency Management Plan

7. Bomb Threat Policies

8. Integrated Pest Management Plan

9. Personnel Safety and Bloodborne Pathogens Policy

10. Personnel Clearance and Certification

11. Employee Directory and Confidential Information

12. Lau Plan

13. Student Code of Conduct

14. Concussion Management Policy

15. School Disciplinary Policies

16. Restraint and Seclusion Policy

17. Vision and Hearing Screening

18. Student Medication Administration Policy

19. Protocol for the Management of Life Threatening Allergies

20. Suicide Awareness and Prevention Tracking System

21. Student Records Policy

C. There are no exceptions for schools in the Unorganized Territory.

05-071 C.M.R. ch. 125, § 3