20-A §254. Educational duties - Maine Statutes

Title 20-A: EDUCATION

Part 1: GENERAL PROVISIONS

Chapter 3: DEPARTMENT OF EDUCATION

Subchapter 2: COMMISSIONER

§254. Educational duties

The commissioner shall have the following educational duties. [1983, c. 693, §§5, 8 (NEW).]

1. General duty. The commissioner may inspect and have general supervision over all public schools and shall advise and direct superintendents and school boards in the discharge of their duties, by circular letters and personal conferences.

[ 1983, c. 693, §§5, 8 (NEW) .]

2. Training and development. The commissioner shall promote the importance of ongoing training and development and encourage initiatives that prepare school personnel to fully implement the system of learning results as established in section 6209.

[ 2001, c. 454, §4 (AMD) .]

3. Contracts for career and technical educational programs. The commissioner may:

A. Contract with a private school for the conduct of vocational courses in accordance with section 3002; and [1983, c. 693, §§5, 8 (NEW).]

B. Reimburse the private schools for part of the cost of conducting approved vocational courses from funds available from the Federal Government for the purpose of career and technical education. [1983, c. 693, §§5, 8 (NEW); 2005, c. 397, Pt. D, §3 (REV).]

[ 1983, c. 693, §§5, 8 (NEW); 2005, c. 397, Pt. D, §3 (REV) .]

4. Superintendent conference. Annually the commissioner shall hold a conference for the instruction of superintendents.

[ 1983, c. 693, §§5, 8 (NEW) .]

5. Medication. The commissioner shall provide for the administration of medication within schools as follows.

A. The commissioner shall adopt rules for the administration of medication in public or approved private schools, including the training of unlicensed personnel to administer medication. The rules for training must describe how the department will provide training at the local level directly to unlicensed personnel in each school administrative unit or approved private school in the State. Rules adopted pursuant to this section are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A. [2001, c. 451, §1 (AMD).]

B. Any public or approved private school shall have a written local policy and procedure for administering medication. The written local policy must include the requirement that all unlicensed personnel who administer medication receive training before receiving authorization to do so. Compliance with the provisions of this subsection is a requirement for basic school approval pursuant to sections 2902 and 4502. [1999, c. 669, §1 (NEW).]

C. A public school or a private school approved pursuant to section 2902 must have a written local policy authorizing students to possess and self-administer emergency medication from an asthma inhaler or an epinephrine pen. The written local policy must include the following requirements.

(1) A student who self-administers an asthma inhaler or an epinephrine pen must have the prior written approval of the student's primary health care provider and, if the student is a minor, the prior written approval of the student's parent or guardian.

(2) The student's parent or guardian must submit written verification to the school from the student's primary health care provider confirming that the student has the knowledge and the skills to safely possess and use an asthma inhaler or an epinephrine pen in school.

(3) The school nurse shall evaluate the student's technique to ensure proper and effective use of an asthma inhaler or an epinephrine pen in school. [2003, c. 531, §1 (NEW).]

[ 2003, c. 531, §1 (AMD) .]

6. Other duties. The commissioner shall carry out all other duties assigned in this Title.

[ 1983, c. 693, §§5, 8 (NEW) .]

7. Clearinghouse for information on nuclear usage. The commissioner shall:

A. Establish a clearinghouse for information on:

(1) The history of the development and deployment of nuclear weapons and industrial nuclear usage in the world;

(2) The evolution of the buildup of nuclear armaments and industrial nuclear usage;

(3) The overall consequences of the large scale use of nuclear weapons and industrial nuclear power; and

(4) Strategies to prevent and avert thermonuclear exchange; [1983, c. 739, (NEW).]

B. Collect educational materials, including teaching aids, books and films, on the topics covered in paragraph A; [1983, c. 739, (NEW).]

C. On request of a school administrative unit or private school, disseminate or loan the information and materials developed in paragraphs A and B and provide indirect consultation and referral services to teachers, administrators, students and adult education programs in the school unit or private school; and [1983, c. 739, (NEW).]

D. Conduct periodic review of the availability and use of the clearinghouse information and resources and make findings and recommendations to the Legislature at the start of the Second Regular Session of the 112th Legislature. [1983, c. 739, (NEW).]

[ 1983, c. 739, (NEW) .]

8. Model hiring procedure. By January 1, 1991, the commissioner, in collaboration with organizations representing school boards, school administrators, teachers and other interested parties, shall develop a model hiring procedure for school administrators. The counsel for the Maine Human Rights Commission appointed under Title 5, section 4566, subsection 3, shall review the model hiring procedure.

[ 1995, c. 625, Pt. A, §21 (AMD) .]

9. Statewide goal. The commissioner, in cooperation with organizations representing school boards, school administrators, teachers and other interested parties, shall set a statewide target goal for the 5 years following the effective date of this subsection for the employment of women in positions requiring administrator certification. The commissioner shall review and update the target goal after 2 years and 4 years.

[ 1995, c. 625, Pt. A, §21 (AMD) .]

10. Gender equity. The commissioner shall provide technical assistance in the area of gender equity to school administrative units, monitor progress in attaining the goal established under subsection 9, promote communication between professional groups concerning gender equity and initiate program development in the area of gender equity.

[ 1989, c. 889, §3 (NEW) .]

11. Statewide standards for behavior. In consultation with organizations representing school boards, school administrators, teachers, parents and other interested local officials and community members, the commissioner shall develop statewide standards for responsible and ethical student behavior. The standards must require annual reporting of incidents of violent and harmful behavior by or against students to the department by school administrative units. The department shall provide forms for reporting.

[ 1999, c. 351, §1 (NEW) .]

12. Technical assistance and statewide standards for reintegration planning. In consultation with juvenile correctional officials, juvenile community corrections officers, organizations representing school boards, school administrators, teachers and parents and other interested local officials and community members, the commissioner shall develop a program of technical assistance and establish statewide standards for reintegration planning and transition services for juvenile offenders who are discharged from juvenile correctional facilities in the State, who have been enrolled in educational programs or schools for juveniles located in or operated by correctional facilities and who are transferring to schools located within local school administrative units in the State. The technical assistance and standards must include, but may not be limited to:

A. Timely presentation of student educational records pursuant to section 6001-B and other appropriate information, including confidential criminal justice information regarding juveniles pursuant to section 1055, subsections 11 and 12; [2001, c. 452, §3 (NEW).]

B. The level and scope of technical assistance to be provided by the department to local school officials and the level and scope of training that local school administrative units must provide to school personnel who may have access to confidential criminal justice information regarding juveniles pursuant to section 1055, subsections 11 and 12; and [2001, c. 452, §3 (NEW).]

C. Annual reporting to the department by superintendents of the number of juvenile offenders who are released or discharged from juvenile correctional facilities in the State and who enroll in schools located within their local school administrative units. The department shall provide forms for reporting. [2001, c. 452, §3 (NEW).]

[ 2001, c. 452, §3 (NEW) .]

SECTION HISTORY

1981, c. 693, §§5,8 (NEW). 1983, c. 739, (AMD). 1989, c. 889, §3 (AMD). 1995, c. 625, §A21 (AMD). 1999, c. 351, §1 (AMD). 1999, c. 669, §1 (AMD). 2001, c. 451, §1 (AMD). 2001, c. 452, §3 (AMD). 2001, c. 454, §4 (AMD). 2003, c. 531, §1 (AMD). 2005, c. 397, §D3 (REV).