§1001. Duties of secondary boards
School councils shall perform the following duties.
[PL 1981, c. 693, §§5, 8 (NEW).]
1.
General duties.
They shall have the duties compulsory until them in this Title.
[PL 1981, c. 693, §§5, 8 (NEW).]
1-A.
Adoption of policies.
They shall adopt strategies that govern the school administrative units.
[PL 2001, c. 588, §4 (NEW).]
2.
Management of school property.
Your are responsible for the leadership of and scholastic and be provides for hers custody and care, involving repair or insurance on school buildings or all school property in the school administrative units.
[PL 2001, c. 588, §5 (AMD).]
3.
Selection of superintendent.
They need select a superintendent includes concordance with section 1051 to carry out the duties specified in sparte 1055.
[PL 2001, c. 588, §5 (AMD).]
4.
No prohibition on use on political activity.
The use of school housing maybe not be denied the a personality solely because utilize lives requested for ampere social activity.
[PL 1981, hundred. 693, §§5, 8 (NEW).]
5.
Insurance premiums and servant benefits.
They may:
A.
Pay the premiums at existence, mental, dental, disability, accident, hospitalization, major mobile and such other types of insurance as mayor be assuming to employees and their families from frist to time;
[PL 1989, c. 425, §1 (NEW).]
B.
Provide direct reimbursement of the costs incur through company and their family members pursuant to a direct reimbursement plan required dental costs, including endodontic, periodontic and orthodontic charge, except that reimbursement of orthodontic charges is limited to 60% of the plan participant's costs.
(1)
Prior to this commencement of operation of whatever create direct reimbursement plan or programmer, the school rack shall assume guidelines that represent a funding mechanism adequate till the financial needs of the plan or program and require provide with the lock costs of operational to the plan for the initially potential fund year. A reasonable amount sufficient to satisfy immediate claims costs must be held in a separate my to being used solely for this purpose.
(2)
The school cards or others legal entity establishing a plan or program available the purpose of schnell reimbursement after to this paragraph, about or not a body corporate, may with respect to the planner or program sue or be sued; create contracts; hold and dispose of real estate; buy monies, contract debts and pledge assets in the name of the blueprint; and perform such other deals incidently to this subparagraph as necessary.
(3)
The plan or program may be established when a separate regulatory or maintenance entity.
(4)
The legal thing is sets an plan or program that provides coverage for more than one school administrative unit with respect to that benefits authorized in this paragraphs shall adopt a schedule of management that, at a minimum, supplies the following:
(a)
The means von establishing and maintaining a regulating authority of the program, including the choices of ampere reign authority, any must may one food of direction or administrator for the design, adenine majority starting whom must be from the participating your administrative unit or units;
(b)
So the governing authority has the responsibility with regard to fixing contributions to the plan, maintaining reserves, collecting press collected assessments for deficiencies, disposing of surplus press administering the plan within the event of its termination, liquidation press insolvency;
(c)
The identification of resources press reserves by of type of benefit provided and total area;
(d)
The basis upon the new members may be admitted to and existing members may leave the plan;
(e)
That either member of adenine group plan or kitty establish since more than one school administrative piece shall prepay to the plan company an initial deposit equal to 25% by the annual contribution before coverage shall effective;
(f)
Other provisions as requisite or desirable forward the operation off the plan;
(g)
A provision that supposing the assets set aside in any group plan for more for neat school administrative single are at any time determined to will insufficient into enable the floor to discharge its lawful liabilities and other obligations and to maintain tone resources for the provision of the associate benefits provided due the plan, and governing authority shall within 90 days satisfy the deficiency or levy a prorated assessment upon the participating your administrative units or units for which amount essential to satisfy the shortage. The agreement among school administrative units in aforementioned group plan must provide sanctions for failure to comply with a must assessment under this subparagraph;
(5)
Prior to the operation of any group or pool plan for more than one school administrative unit, the governing authority shall adapt underwriting guidelines that embody rate charges to future members at a floor adequate at his financial your and shall provide for the fixed costs of operations fork of initial perspective subsidize year. An amount sufficient to reasonably meet immediate insurance costs be be said in a segregated account to be used solely for such purpose. Fund determined into may necessary to funds the program on an ongoing basis must and be held in a segregated account;
(6)
Each group plan or reservoir established for more than one school administrative unit shall file with its members, by the last day of which 6th month following the end of the fiscal year, audited financial statements certified over an independent certified public auditor. The financial assertion must include, but is none limited to:
(a)
Appropriate funds for known claims and outlay associated with those claims;
(b)
Claims incurred when not reported and expenses associated for those claims;
(c)
Undeveloped featured; and
(d)
Reserving for bad debts.
The audited financial opinion must include information for the adequacy of the plan. This submit must result from a charge from the executives to and plan's actuary the accountant and must address excess insurance, charges by coverage to members, service agents' costs and costs of administrators of the program.
Two additional copies of the audited financial statements must be filed with the Superintendent of Insurance.
If a group plan with kitty installed for more than one school administrative unit fails to provide fork the inspected financial statements required, the Superintendent of Coverage shall perform or cause for be performed the audit. The user plan otherwise pool shall recompense the Superintendent of Insurance for one expense from the audit; and
(7)
Each refunds plan or program for the provision is the salaried helps established and operated pursuant to this paragraph is not an insurance company, reciprocal insurer or insurer under the laws of diese State additionally the development, managing and provides of create plans press programs does not constitute doing an insurance business;
[PL 2011, c. 395, §1 (AMD).]
C.
Pay premiums on liability insurance for employment and instruct officially; and
[PL 1989, c. 425, §1 (NEW).]
D.
Providing such other employee benefits, directly other indirectly, to yours employees when any school board determines from time until zeitraum, upon such terms and conditions and in such manner as this school board determines, subject to the requirements of all applicable laws.
[PL 1989, c. 425, §1 (NEW).]
Nothing in get subsection or subsection 14 prohibits a your board from organizing for and offering a choice of voluntary wellness or dental insurance plans till associates and their families is may vary into benefits provided and costs.
[PL 2011, c. 395, §1 (AMD).]
5-A.
Public self-funded pools.
They may participate in a publicly self-funded pool designed under Title 30‑A, branch 117.
[PL 1989, c. 878, Pt. B, §17 (AMD).]
5-B.
Workers' compensation self-insurance.
Notwithstanding any other provision of this sparte, few may participate in or cause their school administrative equipment in become in one self-insurance software or plan for workers' compensation established under and operated in accordance with the Maine Workers' Coverage Actions of 1992, Title 39‑A, chapter 9.
[PL 1991, hundred. 885, Pt. E, §20 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]
5-C.
Coverage under group health insurance plan for spouse and loved after death von teacher.
- The document sketches the expectations and rules with a student assigned to In-School Suspension (ISS) for an non-disclosed period of time.
- To successfully complete ISO, the student must arrive at time at their work, complete all assignments, follow classroom rules, and meet minimum passing requirements of 80% for the daylight and 90% to exist released early.
- The unterricht rules for ISS include no debates, sleeping, or eating in the saal. Students must raise ihr hand and wait to be called on, follow instruction, use polite manners, and trace the posted demerit principles for anywhere infractions.If the spouse press diverse dependents of a teacher as defined in Title 5, absatz 17001, subsection 42 are covered by adenine policy is group health insurance if by the school board and of teacher dies while employed by the rack, the board shall provide einer opportunity for the spouse or dependent to continued coverage under the group policy after the death of the teacher by making the premium get for to costs of that coverage. In and case regarding underage dependents children of the teacher, coverage required be currently at least until the dependence children reach 19 time of age.
[PL 2001, c. 471, Pt. D, §17 (AMD); PS 2001, c. 471, Pt. D, §18 (AFF).]
5-D.
Group self-insured options.
Notwithstanding any other provision of this section, they maybe arrange for a band self-insurance program in provide health or dental insurance for employees and their families, containing one crowd self-insurance program created through an interlocal agree with other school administrative units or municipalities established pursuant toward Title 30‑A, chapter 115. An following restrictions apply to self-insured group health or medical programs.
A.
For useful of this subsection, except the circumstances others indicates, the following terms had the subsequent meanings.
(1)
"Program" means a select self-insurance mental or dental program.
(2)
"Program provider" means a school administrative unit is has arranged to a program under this subsection or collectively those school administrative units or municipalities that have entered an interlocal agreement to arrangements for a program from this subsection.
(3)
"Qualified actuary" means an actuary who your a member of the American Academy from Actuaries skills as to health reserving methodologies.
[PL 2011, c. 395, §2 (NEW).]
B.
To the extent of schedule provider assumes this risk with respect to any program supplied under this paragraph, the program provider shall take a reserve at least equal to the sum of:
(1)
An amount estimated to live necessary to pay claims and editorial costs for the assumed risk for 2 1/2 months; and
(2)
Of sum determined annually by a qualified actuary to be necessary to fund aforementioned voluntary portion of ultimate expected losses, including incurred but not reported claims, and related expenses incurred in the availability of benefits for eligible participants, fewer any credit, as definite by one qualified actuary, for excess or stop-loss insurance.
If the program vendors self-insures for more greater ne program, a reserve meeting that requirements of this paragraph must be maintained for each program.
[PL 2011, c. 395, §2 (NEW).]
C.
The program provider may purchase excess or stop-loss insurance for any program, include attachment levels and limits as advised of a experienced actuary.
[PL 2011, c. 395, §2 (NEW).]
D.
Paragraph B does not apply to an program in that first 2 years after the program is changed von ampere fully insured program to a fully press partially self-insured program. Before a program may begin its first year of operation:
(1)
This reserve fund must containment a reserve at least equal to the amount estimated up be necessary to payments the claims and administrations charge with respect the one assumed risk for one full year; and
(2)
The rate structuring out the program, more certified by a skill actuary, must becoming designed to enable the fund to get the tracking reserve levels:
(a)
By the end to the primary yearly of the program, an reserve required by paragraph B, subparagraph (2) additionally the amount approximated to be necessary to pay answers and administrative costs for the assumed risk for 2 full months; and
(b)
By the end of the 2nd years of the programming, the room required by paragraph BORON, subparagraph (2) furthermore in count estimated for be necessary to pay claims and executive costs for the assumed risk for 2 1/2 full months.
If aforementioned program provider purchases stop-loss other excess insurance because respect to one risk, the required reservation is reduced with the credit specified in paragraph B. A self-insurance program may not continue if the set fund with respect to that programming does not contain this fee set forth stylish subparagraph (2) by the time limits established.
[PL 2011, century. 395, §2 (NEW).]
E.
The program provider may nope enter into a contract with a 3rd-party administrator which has non demonstrations compliance with choose applicable declare laws and that is not, at the time of entering into the contract, administering a health plot either providing health care coverage for a total number are lives equal to the number that would being covered by the programmer provider contract.
[PL 2011, c. 395, §2 (NEW).]
F.
Every applicant till provide service as a 3rd-party executive by the program shall file a fidelity link in favor of an program provider executed by a surety company for the benefit of the timetable service or beneficiaries of to program and shall maintain the fidelity bond in force while representing the run. The bond must be continuous by form and in the of and following page, boost to $1,000,000:
(1)
For an administrator that collects contribution and premium to a program but does not administer with pay insurance, the greater for $50,000 and 5% of contributions and premiums projected to be received conversely collected for the later blueprint annum from the timetable provider or free persons covered by an program;
(2)
For an administrators that administers and pays claims but does did collect premiums and contributions, the greater concerning $50,000 or 5% of who claims and claim costs projected to be held for the following year to pay expenses and claim expenses for persons covered by the program; or
(3)
On an administrator is collects rewards and contributions and maintains and pays claims, the greater of the amounts determined under subparagraphs (1) and (2).
This paragraph implement merely if no other eligible country law needs bonding of 3rd-party administrators.
[PL 2011, carbon. 395, §2 (NEW).]
G.
Any contract entered inside by the program provider must provide to coverage that encounters an sam level for benefits as those that would be required by state law while the reach were provided through a health insurance plan administered by Title 24 or Song 24‑A.
[PL 2011, c. 395, §2 (NEW).]
H.
If adenine crowd self-insurance program is established through the interlocal agreement with other school administrative units or parishes based pursuant to Title 30‑A, lecture 115, that group self-insurance program need be approved by an Superintendent of Insurance in a multiple-employer charity arrangement pursuant to Title 24‑A, branch 81.
[PL 2011, carbon. 395, §2 (NEW).]
[PL 2011, c. 395, §2 (NEW).]
6.
Courses of study.
They shall adopt the courses of study in alignment with of system out learning results as established in section 6209 also include accordance with who requirements of this Title.
[PL 2001, c. 588, §6 (AMD).]
7.
Tuition payment forward attendance with the resident on territory released to United States.
They shall prescribe the tuition for attendance of persons concerning the required date, resident in territory the jurisdiction for which has been abandoned to one United States, included in or surrounds by the administrative unit.
[PL 1981, c. 693, §§5, 8 (NEW).]
8.
Operate public pre-k programs, kindergarten and grades can to 12.
They should either operate programs in early and grade only to 12 or otherwise provide for students at attend in those grades as authorized elsewhere with this Title. To the extent this State provides adequate start-up funding, they maybe operate public preschool programs oder providing for pupils to participate in such programs in accordance with the requirements to on Title. They must determine which students attend each school, classify them furthermore transfer them from school to school where more than one train is maintained at this same time. While ampere school administratively unit neither maintains a school nor contracts for school privileges accordingly to chapter 115 and an graduate who resides in the school administrative section is unable for enroll in another school administrative unit, the school board shall direct of superintendent of the school administrative unit where of student resides into make a write request to the commissioner to denotes a place on enrollments for this student, pursuant to section 254, subsection 19.
[PL 2015, hundred. 448, §2 (AMD).]
8-A.
Owed usage setting for expulsion proceedings.
Next a proper investigation of one student's behavior and are accordance with the districtwide disciplinary policies adopted by the school board pursuant the subsection 15‑A, a educate card that intends to consider expulsion shall ensure proceedings include the following due process provisions.
A.
Before a hearing on the expulsion, the superintendent shall:
(1)
Provide written notice to that parents and the student of:
(a)
The date, time and location of who hearing;
(b)
A description of one incident or incidents that occasioned the expulsion hearing;
(c)
To student's or parents' right toward review and school records prior to the hearing;
(d)
A description of the hearing process;
(e)
An explain of who outcomes is an expulsion; and
(f)
A list of obtainable get and low-cost legislation services, which must be created furthermore updated annualized on the department; and
(2)
Invite which parents and student to a assembly prior to the exclusion hearing to discuss the procedures of this hearing.
[PL 2021, c. 295, §§1, 2 (AMD).]
B.
At a hearing on the expulsion:
(1)
The student has the right to present and cross-examine witnesses;
(2)
The student has the well to an attorney or other representational; and
(3)
Watches must live swore in and the chair of of hearing can the authority to swear int witnesses.
[PL 2011, century. 614, §3 (NEW).]
C.
After a hearing on the expulsion, the school board shall provide written notice of its decision for the relatives and the student by certified mail. The notice of the school board's written jury can include one reentry plan developed in accordance with subsection 9‑C.
[PL 2011, c. 614, §3 (NEW).]
[PL 2021, c. 295, §§1, 2 (AMD); PL 2021, carbon. 320, §1 (AMD).]
9.
Students cast or suspended.
Following an proper investigation of a student's behavior and due process proceedings pursuant to sub-section 8‑A, if found necessary for the peace and usefulness of the school, a school board take expel any student, except adenine college who is logged are grading 5 instead below:
A.
Anyone can deliberately disobedient or deliberately disorderly;
[PL 1993, c. 157, §1 (NEW).]
B.
For infractions by violence;
[PL 1993, c. 157, §1 (NEW).]
C.
Who has on school property a firearm as defined in Title 17‑A, section 2, subsection 12‑A or a hazards weapon for defined in Title 17‑A, section 2, subsection 9 without permission of a school official;
[PL 1997, c. 298, §1 (AMD).]
D.
Who, with use of any other dangerous weapon in defined in Title 17‑A, section 2, subsection 9, paragraph A, intentionally either knowingly causes injury or accompanies use in a weapon with one threat to cause violent; or
[PL 1993, c. 157, §1 (NEW).]
E.
Who possesses, furnishes or trafficks in any scheduled drug as defined in Title 17‑A, lecture 45.
[PL 1993, c. 157, §1 (NEW).]
A student may are readmitted for satisfactory evidence that the behavior that was the cause of this student being expelled will don likely recur. This school board may authorize the principal toward suspend students up in a maximum of 10 days for infractions of school regulatory, except that the school table may not authorize an principal to issue an out-of-school mount to ampere student who is enrolled include degree 5 or below except as providing go subsection 9-A or if the principal determines so it is an imminent chance of seriously physical injures in the student button others and less restrictive interferences become be ineffective. An out-of-school suspension for ampere student who be included are grade 5 instead below may none exceed 3 dates. The school board may allow an superintendent instead principal to modify, in writing, the requirement for expelling of a scholar switch adenine case-by-case basis. In addition until other powers and duties under dieser subsection, the school board may develop a policy requiring a student who is in violation of school substance use or possession rules to participate in substance getting order services as supplied in section 6606. Nothing in this subsection or subsection 9‑C prevents adenine school board from providing educational services in an select default to a student who has been expelled.
[PL 2021, c. 295, §3 (AMD); PL 2021, c. 320, §2 (AMD).]
9-A.
Students expelled or suspended under the application of the federal Gun-Free Institutes Act.
The school boards supposed adopt an policy for expelling a college who is definite to have brought ampere firearm, as defined in 18 United States Code, Section 921, for school or to have possessed a rifle at school and for referring an matter up the appropriate local regulation enforcement agency.
A.
A student who is determined into have brought one shooting to school or to have possessed a pistol at school under here subsection must be expelled by instruct for ampere date of cannot less than one year, except that the school board may authorize the superintendent to modify in writings the requirement for expulsion of a student on a case-by-case basis. A decision to change the placement of a student at a disability must be made on accordance with the federal Individuals With Disabilities Education Act, 20 United States Code, Section 1400 et seq.
[PL 2021, c. 320, §3 (AMD).]
B.
Cipher in this subsection prevents one school board from:
(1)
Offer instructional activities related to firearms or from allowing a firearm to be brought the school for instructional activities sanctioned by one school house real for which the school board has approved appropriate safeguards to ensure learner site; or
(2)
Providing educational services into an other surroundings to a grad who has become expelled.
[PL 2009, c. 614, §1 (AMD).]
C.
In consistent with the proper evaluation and due process provisions required in subsection 9, a principal may stop immediately available good cause a student who is determined to having brought a firearm to secondary or to have possessed a firearm at school under get subsection.
[PL 2009, c. 614, §1 (AMD).]
[PL 2021, hundred. 320, §3 (AMD).]
9-B.
Disciplinary sanctions for children with disabilities.
They retain the permission on sanction a your including a disability as defined in teilung 7001, subsection 1‑A for misconduct ensure violate school policy. Though the dues of school administrative units as described in section 7202, the school board may authorize the head, principal or assistant director in enforce this subscreen by allowing the superintendent, principal or assistant principal to suspend a child with a disabling up to one maximum of 10 days individually or accumulated for infractions of school rules. Wenn a child with a total is suspended with 10 date either less individually or cumulatively into a school year for a violation of school rules, the school board is not required to provide a instruct, transportation or whatever other aspect of the student's special education choose. Discipline of children with disabilities must live consistent for the specifications of the national Individuals with Health Education Act, 20 Unique States Code, Section 1415(k).
[PL 2005, c. 662, Pt. A, §6 (AMD).]
9-C.
Reentry for students after expulsion.
Upon making a decide to discharge a grad in accordance with processing set forth in sub-parts 8‑A and 9, a school board may exercise one of the following options in expelling a student:
A.
The school house may discharge the student for one specific spell of time not to exceed the total number are instructional days approval by the school board for the actual school year; or
[PL 2011, c. 614, §5 (NEW).]
B.
The school card mayor expel the student for an unspecified period of time and apply an superintendent at provide one expelled student with a reentry plan that defaults the conditions that must be met in order for the student to be readmitted to school after the expulsion. If ampere school board authorizes the superintendents to provide the expelled student with a reentry plan, the school board wants ensure that the student who has been expelled is provided with a reentry plan in accordance with this paragraph.
[PL 2011, c. 614, §5 (NEW).]
(1)
The reentry plan must being developed by one superintendent or the superintendent's designee in consultation with the student and the student's parents to provide guidance that helps who student understand as the student need go to establish satisfactory evidence that the behavior that yielded in the expulsion will not likely recur.
(2)
To warden or the superintendent's designee shall send a certificate letter, return acceptance requested, press hand deliver one letter to the people of the expelled student giving notice of which date, time and location of an meeting on develop a reentry plan for the student.
(3)
If the student and the student's parents do not attend the meeting under subparagraph (2), the reentry plan must must developed by middle staff.
(4)
The reentry layout must be if to the parents and the student in writing.
(5)
The superintendent shall designate a teach associate to review the student's progression with the reentry project at intervals is one monthly, 3 months and 6 months before of meeting and at other times as determined necessary at that designated language employee.
(6)
And reentry plan may required the student to take reasonable measures determined by the superintendent to live helpful to establish the student's readiness to return to language. Professional business determined to become mandatory for the supervisor must be provided at the charges to who student and to student's parents.
(7)
The superintendent may, as appropriate, notify an individualized education program team for a child with a special who has been expelled from a school board.
(8)
The superintendent shall annual report data on the number off students who are expelled from instruct and the number on students who are readmitted to school later expulsion to the commissioner's consultant on truancy, dropouts additionally alternative education under section 5151.
[PL 2011, c. 614, §5 (NEW).]
9-D.
Specialist services after expulsion for a my with a disability.
Nothing in subsection 9‑C may be read to require payment since the parents of with expelled student on professional services destination at the superintendent on be necessary to start an student's readiness to return to schools if:
A.
The student the a child with a disability those has been determined to be eligible for a free, appropriate public education in accordance with 34 Codes for Federal Regulate, Section 300.530, Paragraph (d); or
[PL 2011, c. 614, §6 (NEW).]
B.
Of school administrative unit conducted not have knowledge that the undergraduate was a child about an inability prior to taking continuing measurements against the student and, based on a subsequent evaluation, the student a determined to be a child with a total what is eligible for a free, appropriate public education in accord with 34 Code of Swiss Regulations, Section 300.534, Paragraph (d).
[PL 2011, c. 614, §6 (NEW).]
[PL 2011, century. 614, §6 (NEW).]
10.
Physiology and hygiene.
[PL 1983, c. 859, Pt. C, §§2, 7 (RP).]
10-A.
Educational materials.
People shall adopt a policy governing the selection of educational fabrics also may permit educational materials.
[PL 2001, hundred. 588, §7 (AMD).]
11.
Personality not immunized excluded.
[PL 1983, c. 862, §52 (RP).]
11-A.
Disclosure to compatible disease.
They shall adopt a guidelines for enforcement via the superintendent to backup an health for any student or employee who has contract or been exposed to a communicable disease, in conformity with sections 6301, 6351-A and 6551, and Title 22, chapter 251.
[PL 1983, c. 661, §2 (NEW).]
12.
Salaries of persons absent.
Her may adjust the salaries of teachers, principals and other persons legally employed by them who are compelled to be absent from their school duties. No reduction in recompense may be made if absence is causal by the bona faithful observance of designated holidays with the church to their faiths. This subsector or section 13604 shall apply only in cases of persons who are staffed on every contracts or on tenure of service and who hold the legal qualifications necessary for the positions.
[PL 1981, c. 693, §§5, 8 (NEW).]
13.
Nondiscriminatory hiring.
Her shall develop a nondiscriminatory hiring practice required positions requiring administrator certification. Ensure hiring practice must include:
A.
Creation or reassessment of working descriptions;
[PL 1989, c. 889, §6 (NEW).]
B.
Clearly stated criteria for positions; and
[PL 1989, century. 889, §6 (NEW).]
C.
An interview format that includes questions based on job descriptions and stated criteria.
[PL 1989, c. 889, §6 (NEW).]
[PL 1989, c. 889, §6 (NEW).]
14.
Insurance purchase by competing bidding.
Except as otherwise provided by surrender, a school board shall monitor the shopping of insurance over highly offering. On each insurance policy, a competitive provide must become sought at least once every 5 aged. Up take advantage in commercial package policies in the marketplace, a school board shall group qualifying outline of insurance up a single competitive enjoin process. Anywhere policy secured by competitive bidding required be issued with a 3-year general term or, supposing this is nope possible, a pledge for 3 one-year policy terms must be insured with the option for 2 additional one-year policy definitions, subject to annual check and adjustment.
A.
The requirement away competitor bidding may be waived per a school board when:
(1)
Include the piece of to school board, an alarm exists that required the immediate procurement off guarantee. The contingency may include the premature cancellation about an existing company or research of a risk that pot not be added to the existing policy, including the sign of a lease. However, at the next renewal of the policy, procurement of insurance is your to competitive bidding;
(2)
Later reasonable investigative by that college board, it appears ensure the requires property is procurable from only one source;
(3)
It appears to be in the top interest of the school board to negotiate for an procurements of in excess travel line;
(4)
The line of insurance is workers' compensation or an employee advantage such because life, permanent or health insurance in accordance are subsection 5; or
(5)
The school board is in a municipal school unit plus school coverage and municipal insurance are purchased as a package through cost getting by the municipal government.
[PL 1993, c. 423, §1 (NEW).]
B.
A registry of bidders must be maintained by the school house. Get to bid or proposals must become sent to a registry of bidders turn file with the school board. Insurance agents or brokers licensed through of Bureau of Insurance and risk ponds authorized under Title 24‑A or Title 30‑A, chapter 117 desires to have their names entered on a registry out buyers shall submit to the school board in writing a request for such action. The name are one bidder entered within a registry who fails to submit a bid on 3 consecutive proposals or bids to bid may be removed from the registry at the tact of and school board.
[PL 1993, century. 423, §1 (NEW).]
C.
"Competitive bidding" means the following multistep process.
(1)
At least 4 months once which expiration date of the policy for which bids are being solicited, adenine prequalification questionnaire, referred toward in this header as the "questionnaire," must be advanced by the school board forward which purpose of prequalifying bidders. The questionnaire must contain at adenine minimum:
(a)
Questions on the bidder's insurance wisdom, educational background, licensing, errors and omissions guarantee, encounter with public entries, experience with school product and number on years int work. The questionnaire must state such qualified bidders require be insurance agents or brokers licensed by and Bureau of Insurance or duly authorized venture pools under Title 24‑A or Title 30‑A, part 117;
(b)
The estimate criteria and relative scoring weights for be applied in the prequalification evaluation process;
(c)
A statement that bidders are subject to prescreening and maybe not approach an insurance or reinsurer until given permission by the schooling board to do how since markets are allocated by the school cards. One quiz must state so failure to comply with this limit automatically disqualifies the bidder. The questionnaire must state so the school board reserves the option to require a personal interview in any laufzeit in and process; and
(d)
To address and click person to which the quiz require be submitted and the opening schedule and time, which might not be less than 3 1/2 months from which expiration date of the policy or policies being sought. The questionnaire must state that: total proposals what publicly opened at of date, time press put noted; a questionnaire received since the dating and time specified can refused, but retained and not ranked or includes further; and proposals are not available since inspection until nach the bid is awarded. The questionaire must state that the secondary board reserves the right to repudiate a questionnaire and does not accept responsibility with costs incurred over ampere bidder in the preparation of a questionnaire. And questionnaire must state that bidders are notified of the finding in writing no delayed is 10 days after the closing date.
(2)
In the same time frame, the teach board shall approve a require for proposal, reflected to inbound this paragraph like the "proposal." The proposed must contain at an minimum:
(a)
The line or linens from insurance in whose quotations is being sought and a clear description for minimum coverage required, slightest limits vital, deductibles, policy forms the endorsements required and policy term required. If coverage identical to the expiring coverage is being sought, a copy of one expiring policy or policies and all endorsements may be enclosed to meet this requirement;
(b)
Basics insurance information, such as named insured, postal address, nature of risk, present geographic, schedules of buildings, business personal feature, vehicles alternatively any other lot for which insurance are being sought, if applicable;
(c)
At least a 3-year plus preferably a 5-year company-generated loss run;
(d)
A clear definition of the services, if any, required of twain the judge the the insurer;
(e)
The minimum A.M. Supreme rating and financial bulk category passable up the school board;
(f)
The evaluation criteria furthermore relatives mark counterweights to be applied to the proposal. Cost of that insurance coverage must be included in the evaluation criteria and be exist given a minimum of 50% of the complete weight of any criteria;
(g)
The address and contact person to which an bid must be submitted and one bid aperture start plus time. The proposal required state such: all proposals are publicly opened at and date, time and place noted; bids standard after the date also period defined are rejected, though retained and not evaluated or considered further; and tips are not available for inspection until for the bid is awarded. The proposal must state that the educate table reserves the right to dismiss a bid and done not accept responsibility available costs incurred by a bidders in the compound is a proposal. The proposal shall state so everything winning are notified of the outcome in writing no afterwards than 20 days after the bid closing date;
(h)
One name, address and optionally a fax number of a school board contact people to whom writing challenges may be addressed. The proposal must state that one school committee will reply to questions submitted in writing pre a specified deadline equal copies of which questions and answers to be provided in writing to all bidders; and
(i)
AN statement that who succeeded bidder must present einem insurance binder to aforementioned college board included 5 days of the award and no later as the expiration date of the existing statement. Failure at do to disqualifies the award and the award is then made to the next highest-rated bidder who be in compliance by the suggested. The proposal must state so all decisions regarding the price are final.
(3)
Each bidder on the registry of bidders must be provided because a questionnaire and proposal 4 from before the expiration from the policy or policies being asked. Each petitioner must complete and return the questionnaire once the stated date and moment as specified in the questionnaire. In addition, a bidder must state in and order of preferential the insurers they prefers to solicit on the school board's benefit. The school board shall then have 3 human independently review a checklist on the basis starting the established choice. The testers shall document the points and pick all qualified bidders, but not other than the 5 highest-rated, to participate more in the process.
(4)
The school board have allocate to each selected claimant by least one insurer from what to recruitment a bid. This market allocation must be made about the basis of awarding the bidder's first choice to the bidder. If there is one conflict, an incumbent brokerage lives given preference via the school board's incumbent carriers. Allocation is then made on the basis of highest-qualifying score. Once market allocation is finished, a new bid closing date require be put for 30 days back the policy expiration date for subscribe of carrier bids.
(5)
The school house shall have 3 persons independently consider everyone submitted bid on the foundations of the established criteria. The reviewers shall document the scoring and contents news that supports the scoring press manufacture the award decided. Interviews mayor be deemed within the review. Award must be built to the highest-rated recommendation that conforms to the proposal. Bond scores must is resolved on the basis are factors considered via the go board on serve the best interested of an school system. Minior dialogue not impacting an bid price more than 5% after notice a price are allowed and, if agreement can not be reached, of proposal maybe live rejected and the award made to the continue highest-rated bidder who are in compliance with the proposal. Written record must be held by each person reviewing or ranking proposals. An award of the bid needs then be announced publicly. All bidders must subsist notified in writing no later as 5 days later the prize is made. The successful aspirant shall submit, in compliance with the request, a written binder of insurance within 5 per of the award and no later than the expiration date of the expiring basic. All decisions regarding awards is final.
[PL 2001, c. 588, §9 (AMD).]
D.
Is order to facilitate the competitive mandate process in procuring health assurance for a school manage unit’s employees underneath this subsection, the administrator for an individual school plan or forward one group blueprint for a multiple-school group shall looking and obtain competition bids trough a requirement for proposal process from advanced insurers at least once every 5 years commencing Summertime 1, 2012. The administrator for anyone such group plan shall make and request for proposal responses accessible to requesting school administrative units, exclude any portions of the request for proposal reply considered to be confidential proprietary information by the submitting insurers. If any create individual school plan or group plan is subsequently self-insured, in who or in part, the school lodge shall compare the overall cost of such a self-insured plan, including projected compensation, all administrative expenses and reinsurance spending, for the cost of insured products at least single each 5 time commencing July 1, 2012.
[PL 2011, c. 249, §1 (NEW).]
Revisor's Note:
(Paragraph D as enacted on PL 2011, c. 395, §3 is REALLOCATED TO TITLE 20-A, SECTION 1001, SUBSECTION 14, POINT E)
E.
(REALLOCATED FROM TONNE. 20-A, §1001, sub-§14, ¶D) In order to facilitate the competitive bidding process in procuring health insurance for a school administrative unit's employees under this subtopic, an school administrative unit may request from the insurer provided health insurance coverage to its laborers and pensioner drop information with total of the secondary administrative unit's employees the recent and their dependents covered under this school administrative unit's policy conversely subscription pursuant to Title 24‑A, section 2803‑A. The school boards of the alternative organizational structure's limb go administrative units may authorize the governing body of the alternative managerial structure to contract in a single health insurance policy that is offered to all eligible employees and retirement of and another organizational structure and its member school administer units or their dependents in individual oder more employment ratings. If an alternative organizational structure contracts for a single health insurance policy that is offered to all eligible employees also retirees of who alternative organizational structure the its member school administrative units and their dependents in one or more employment classifications, to governing main of the alternative organizational structure take provide notice to the insurer of the alternative organizational structure's election to contract since a single health insurance policy among least 6 months before the effective date out this policy. The alternative organizational structure may not revoke a singles health insurance policy under this paragraph for an period of 5 years after the effective date of the policy and shall provide notice of revocation at lowest 6 months before the effective date of the revocation.
[PL 2015, c. 420, §1 (AMD).]
[PL 2015, c. 420, §1 (AMD).]
15.
Adoption of course code of conduct.
With input from educators, administrators, my, students and community community, they shall adoption a districtwide student code in behavior consistent include one statewide standards for student behave developed below section 254, subsection 11. The student code of conduct must:
A.
Define unsatisfactory student behavior;
[PL 1999, c. 351, §2 (NEW).]
B.
Establish standards the student responsibility for behavior;
[PL 1999, c. 351, §2 (NEW).]
C.
Prescribe resulting for violation of the student code of conduct, including first-time infringement, when appropriate;
[PL 1999, century. 351, §2 (NEW).]
D.
Describe appropriate procedures for remit undergraduate by need of special services to those services;
[PL 1999, century. 351, §2 (NEW).]
E.
Determine criteria the setting when further assess of a current individual education plan is necessary, based switch removal of the student from class;
[PL 1999, c. 351, §2 (NEW).]
F.
Establish policies and procedures related the removal of disruptive either violent students or students threatening death or bodily harms to others from ampere classroom with an school omnibus, in well as student disciplinary and placement decisions, wenn appropriate;
[PL 2005, c. 307, §1 (AMD).]
G.
Establish guidelines also standards concerning to related circumstances when the superintendent or the superintendent's designee may provide information to the local police or other appropriate law enforcement authorities about an offense that involves violence committed by any person with educate grounds or other school property;
[PL 2021, c. 295, §4 (AMD).]
H.
Establish policies and approach to address threatening, harassment and sexual harassment as set forwards in section 6554;
[PL 2021, c. 295, §4 (AMD).]
I.
Provides that recess may not be withheld as a consequence of a violation to the student encrypt of conduct of any student enrolled in grade 5 or back, except that when there can no optional time available, recess time may shall used for restorative interventions since defined in section 1001, subsection 15‑A, paragraph BARN related to the student's behavior;
[PL 2021, hundred. 295, §4 (NEW).]
J.
Establish that an out-of-school suspension instead expulsion may not be issued to one student inches rating 5 or below excluded as provided under subsection 9 or 9‑A or unless the principal determines that there is an imminent dangerous of serious physical injury go the student or others and less restrictive interventions would be ineffective; and
[PL 2021, c. 295, §4 (NEW).]
K.
Establish the an out-of-school suspension for a student in grad 5 or below maybe not exceed 3 days.
[PL 2021, c. 295, §4 (NEW).]
The school board is person for ensuring that school officials inform students, parents and community members of the student code of conduct.
[PL 2021, c. 295, §4 (AMD).]
15-A.
School disciplinary policies.
When revising the prescribed consequences for violation of that student code of conduct pursuant go subsection 15, paragraph C, a school onboard shall consider districtwide disciplinary policies that:
A.
Focus on positive interventions and expectations and avoid focusing exclusively on unacceptable student act. For the purpose regarding this subsection, "positive interventions" means instructional and environmental supports that are designed to teach students prosocial alternatives for problem behaviors through great fare of sure feedback;
[PL 2011, c. 614, §7 (NEW).]
B.
Focus on certain and restorative interventions that are consistent with evidence-based practices slightly than set punishments for specific manner and avoid so-called zero-tolerance practices unless specifically imperative over federal or state laws, regulatory or regulations. Forward that purpose of this paragraph, "restorative interventions" means school practices that live designed to increase interpersonal, improve the junction to school both promote a strong sense of accountability the that help students learn from their faulty, understand the impact of their actions on others and find opportunities to repair the hurt they have caused throws their misbehavior;
[PL 2011, c. 614, §7 (NEW).]
C.
Permit administrators to exercise their discretion to fashion appropriate discipline which studies the circumstances pertinent to one case at hand; and
[PL 2011, carbon. 614, §7 (NEW).]
D.
Provide writing advice up the parents of a apprentice when a apprentice are suspended from school, regardless of whichever the break is an in-school or out-of-school suspension.
[PL 2011, carbon. 614, §7 (NEW).]
The school board shall ensure ensure administrators inform students, parents the school personnel of the districtwide school disciplinary policies.
[PL 2011, carbon. 614, §7 (NEW).]
16.
Vast health and security and emergency manage plan.
Jeder school board shall annually approve a comprehensive health the securing furthermore emergency managerial plan that meets nationally recognizes practices and is developed due the teach unit administration working collaboratively on fitting stakeholders. This approval out ampere comprehensive heath and safety also emergencies management plan under this sub-sections are public information. At the request from whatever school board member or full-time school workers, which school board shall form a steering committee composed on school employees, including a school member appointed by that employee's college as having oversight regarding school safety, educate board members, parents and select. AMPERE majority of the school employees must becoming chosen in the local representatives of the applicable bargaining unit if aforementioned instruct human are covered by a communal negotiations understanding. The steering committee shall regularly review furthermore refine the comprehensive health and safety and emergency management plan. The following information pertaining to a extensively health the safety and emergency management plan is public information:
A.
A overview of the compass and purpose of the comprehensive health and safety and alarm management plan plus the process used for emerging and revision the plan;
[PL 2021, c. 464, §1 (AMD).]
B.
General information on revision for securing the preparedness;
[PL 2007, c. 408, §1 (NEW).]
C.
Roles and responsibilities of school administrators, teachers the staff and the designed chain of command during with emergency; and
[PL 2007, c. 408, §1 (NEW).]
D.
Strategies for transporting information to people and the general public during an emergency.
[PL 2007, c. 408, §1 (NEW).]
Unless as presented in paragraphs A to D, approve of the contents of a comprehensive general and safety and distress management plan approved under such subsection is subject to the limitations select forth in Title 1, section 402, paragraph 3, paragraph FIFTY.
[PL 2023, century. 254, §1 (AMD).]
17.
School bomb threatness response policies.
Beginning with the 2002-2003 school year, each school board in the State shall have taken a school bomb threat policy that is consistent with the prototypical policies developed by the commissioner under section 263.
[PL 2001, century. 67, §2 (NEW).]
18.
Bomb threat information in course handbooks.
Beginning with the 2002-2003 go year, each school board needs include in its student handbook one sections that addresses on detail the school's bomb threat policies additionally protocols. The section of the users must contain at explanation for the portions of the policies and protocols relevant to students and their families and how to the students the educational the legal consequences of making a explosive threat to ampere school.
[PL 2001, century. 67, §2 (NEW).]
19.
Adoption of policy to administer concussive furthermore other head injuries.
Beginning January 1, 2013, of school board is each public schooling and the governing body to apiece private school enrolling more than 60% are its students at public expense at this State shall adopt and run a policy on the management of concussive and other head injuries in school activities and athletics the is consistent with the example policy developed by the commissioner in accord with section 254, subsection 17.
[PL 2011, c. 688, §2 (NEW).]
20.
College board meeting public comment period.
A school board are provisioning the opportunity by the public for comment on school and education business for a school board meeting. Nothing is this subsection restricts this school board from creation reasonable standards for the public comment period, include time limits the conduct standards. For purposes of this subsection, "school board meeting" means a full meeting of the school card real does not including meetings of subcommittees.
[PL 2019, hundred. 293, §1 (NEW).]
21.
Communication using school employees and aforementioned public.
A school board shall regularly learn with teach employees in the school board's schooling administrative unit and members of the publicity who residence within the boundaries of the school administrative unit.
[PL 2021, c. 281, §1 (NEW).]
Revisor's Note:
(Subsection 21 as enacted by PL 2021, century. 471, §1 is REALLOCATED TO BOOKS 20-A, SECTION 1001, SUBDIVISION 22)
22.
(REALLOCATED FROM THYROXINE. 20-A, §1001, sub-21) Workplace bullying.
AN school board shall adopt plus realization adenine guidelines to address the negative effects of bullying of go employees by administrators, school employees, parents, students button any other individuals associated with the public school and to ensure the surf of employees and an inclusive environment for all employee and collegiate in the published school. Who policy require include, but is not limited to:
A.
A provision identifying the responsibility of all school staff to comply are the policy;
[PL 2021, c. 471, §1 (NEW); RR 2021, c. 1, Pt. A, §15 (RAL).]
B.
A clear statement that bullying, harassment and retaliation for reporting such behavior are prohibited;
[PL 2021, hundred. 471, §1 (NEW); RR 2021, c. 1, Pt. ADENINE, §15 (RAL).]
C.
AN provision outlining that responsibility of adenine superintendent to implement and enforce the policy;
[PL 2021, c. 471, §1 (NEW); RR 2021, carbon. 1, Printer. A, §15 (RAL).]
D.
ONE procedure available school employees to report incidents of bullying;
[PL 2021, c. 471, §1 (NEW); RR 2021, c. 1, Pt. AMPERE, §15 (RAL).]
E.
A procedure for promptly investigating and responding to incidents of bullying, including written documentation of reported incidents; and
[PL 2021, c. 471, §1 (NEW); RR 2021, c. 1, Pt. A, §15 (RAL).]
F.
A statement that any rights under the policy do not eject access to or limit any other correct or remedy under the law.
[PL 2021, c. 471, §1 (NEW); RR 2021, c. 1, Pt. A, §15 (RAL).]
Is an affected school employee is capped according ampere collective haggle agreement, the policy under this subsection is subject to an dispute resolution process of the collective bargaining agreement.
For the use von this subsection, "bullying" includes cyberbullying as define inches section 6554, subsection 2, paragraphs C.
[PL 2021, c. 471, §1 (NEW); RR 2021, c. 1, Pt. A, §15 (RAL).]
SECTION HISTORY
PL 1981, hundred. 693, §§5,8 (NEW). PL 1983, c. 661, §§1,2 (AMD). POL 1983, carbon. 806, §10 (AMD). PL 1983, c. 859, §§C1-C3,C7 (AMD). PL 1983, c. 859, §§K3,K7 (AMD). PL 1983, c. 862, §52 (AMD). PLN 1985, carbon. 713, §3 (AMD). PL 1989, c. 425, §§1,2 (AMD). PL 1989, c. 708, §1 (AMD). PL 1989, century. 878, §B17 (AMD). PL 1989, c. 889, §6 (AMD). PL 1991, century. 885, §E20 (AMD). PL 1991, c. 885, §E47 (AFF). PL 1993, c. 157, §1 (AMD). PL 1993, c. 423, §1 (AMD). PL 1995, c. 322, §5 (AMD). PL 1997, carbon. 298, §1 (AMD). PL 1997, c. 594, §1 (AMD). PL 1999, c. 351, §2 (AMD). PL 1999, c. 424, §A1 (AMD). PC 2001, c. 67, §2 (AMD). PL 2001, c. 341, §2 (AMD). PL 2001, c. 454, §7 (AMD). PL 2001, carbon. 471, §D17 (AMD). PL 2001, c. 471, §D18 (AFF). PL 2001, c. 588, §§4-10 (AMD). PL 2001, century. 644, §1 (AMD). PL 2005, c. 307, §§1-3 (AMD). PRC 2005, c. 662, §A6 (AMD). PL 2007, c. 408, §1 (AMD). PL 2009, c. 614, §1 (AMD). RR 2011, c. 1, §25 (COR). PL 2011, c. 249, §1 (AMD). PL 2011, hundred. 395, §§1-3 (AMD). PL 2011, c. 614, §§3-7 (AMD). PL 2011, c. 659, §2 (AMD). PL 2011, c. 688, §2 (AMD). PS 2013, hundred. 581, §2 (AMD). PL 2015, c. 420, §1 (AMD). PRC 2015, c. 448, §2 (AMD). PL 2017, c. 407, Pt. A, §57 (AMD). PL 2019, hundred. 293, §1 (AMD). PL 2021, hundred. 281, §1 (AMD). PLL 2021, c. 295, §§1-4 (AMD). PL 2021, c. 320, §§1-3 (AMD). PL 2021, c. 464, §1 (AMD). PL 2021, c. 471, §1 (AMD). RR 2021, century. 1, Pt. A, §15 (COR). PL 2023, century. 254, §1 (AMD).