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SPECIAL
RESOLUTIONS
4.21
Standards-Based Diploma
The Maine School Boards Association urges the Legislature to
give local school districts the flexibility to maintain both
credit-based and standards-based systems when it considers
legislation that would implement a standards-based diploma.
In addition to allowing districts the option of maintaining a dual
standards- and credit-based system, MSBA believes that legislation
also should address the reality that the state does not have
standardized tests to measure proficiency in all eight contents
areas outlined in the Learning Results, and every school district
may not have the resources available to provide the necessary
instruction to meet proficiency in all content areas.
4.22
Charter School Law Implementation
The Maine School Boards Association believes the law passed in
2011 to allow charter schools in Maine lacks clarity in several
critical areas and needs to be amended through legislation or
rule-making. Specifically, the MSBA urges the state to:
n
Require the State Charter School Commission to go
through the major and substantive rule-making process for adoption
of all the rules guiding its operation. These should include, but
are not limited to the rules determining what criteria it will use
to evaluate applications; the academic, operational and financial
performance measures and expectations it will include in charter
contracts; its renewal criteria; and what constitutes an educational
need by which the need for a charter school in a given area will be
determined.
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Stipulate that authorizers have to submit annual
reports on the charter schools under their purview to the State
Board of Education and the Legislature’s Education Committee to
assure there is transparency and public review of the reports.
Current law only requires the reports to go to the Commissioner of
Education.
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Strengthen the required audit language to include: A)
Accountability of all revenues and expenditures; B) A determination
of whether or not proper budget controls are in place; C) A
determination of whether or not the annual financial data submitted
to the department is correct; and, D) An audit of all federal
programs in accordance with applicable federal law.
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Spell out the responsibilities a charter school authorized by
the State Charter School Commission has regard to
students with special needs and in providing transportation services
to students.
4.23
Anti-Bullying Law
The Maine School Boards Association believes that bullying is a
very serious issue in our schools that can best be addressed by
continuing to educate students, parents, school staff and the
community about the anti-bullying policies and procedures that
schools have adopted since anti-bullying legislation was passed by
the Legislature in 2005.
If the Legislature does pass additional anti-bullying laws when
it considers two carry-over bills, L.D. 980 and L.D. 1237, MSBA
urges the focus be placed on the promotion of ethical and
responsible behavior through staff and student training and
discussion. The association opposes far-reaching, prescriptive laws
that will create more bureaucracy in schools and invite litigation,
but do not address the underlying problem that leads to bullying.
The association is opposed to proposals included in the carry-over
legislation that would make schools responsible for activity that
takes place off school grounds; create an extensive list of
mandatory reporters, who are required to submit incident reports;
and, requires school staff to assume a role that is more
appropriately the purview of law enforcement.
In general, the language in these carry-over bills takes away the
school’s discretion to deal with incidents on a case-by-case
basis, even though that is the recommended approach in guidelines
issued by Maine Governor’s Children’s Cabinet in 2006. The
vagueness of the language also invites legal challenges.
4.24
Shifting Retirement Costs
The Maine School Boards Association is opposed to any legislation
that shifts the cost of retirement benefits from the state to the
local school district, and by extension local property taxpayers.
MSBA is concerned about two possible cost-shifting scenarios.
One involves the proposed creation of a new state retirement plan
that would be a supplement to Social Security. MSBA opposes any move
to ask school districts to pick up the employer share of Social
Security costs.
MSBA also opposes any use of General Purpose Aid to pay for
retirement costs under the current defined benefit plan. MSBA is
concerned this could be the next step now that the Legislature has
started counting what the state contributes to teacher retirement
and health benefits toward its required share of 55 percent of the
cost of education. If the Legislature persists in counting
retirement costs in this way, it should increase the percentage the
state is obligated to pay to reflect the full amount of its
retirement obligation.
4.25
Exceptions to General Residency Rules
The Maine School Boards Association supports the current process
for granting exceptions to the general residency rules for school
enrollment and urges the Legislature to reject a carry-over bill,
L.D. 978, which would create “kinship parents,” who could enroll
a child in their home district, if they are granted power of
attorney for that child.
This proposal is not only too permissive, circumventing the
guardianship process in Probate Court, it is also unnecessary.
Exceptions already can be made to general residency requirements by
a superintendent or through an agreement of two superintendents, if
they determine it is in the best interest of the student.
4.26
Conflict of Interest
The
membership of MSBA petitions the Legislature of the State of Maine
to make a technical, perfecting amendment to MRSA
20-A, §1002-2, by including RSUs as education entities
covered by the conflict of interest statute.
The intent of the amendment is to clearly state that in school
administrative units, including RSUs and AOSs, a school board member
cannot be an employee of a contract high school or academy that
takes tuition students from that school administrative unit.
4.27
Supermajority in School Closure Vote
The MSBA urges that the School Closure law for RSUs (20-A MRSA
§1511) be amended to define supermajority as two-thirds of those
serving on the board at the time of the vote.
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