Resolve, Directing the Commissioner of Education To Adopt a Policy Regarding Management of Head Injuries in Youth Sports - This resolve directs the Commissioner of Education to adopt a policy for schools in Maine on the management of head injuries in school athletic activities. The policy must include information, protocols and forms and requirements for removing from an athletic practice, game or activity a student suspected of having sustained a head injury and for banning that student from participation for that day and until the school has received written clearance for the student to resume participation. The resolve requires schools to adopt a policy on management of head injuries and to implement the policy beginning January 1, 2012. The resolve allows the sharing of policies, information, training, protocols and forms with statewide and local organizations that sponsor sports and athletics.  EMERGENCY

An Act To Make Voluntary Membership in a Public Employee Labor Organization in the State - This bill amends the State's labor laws to ensure that each public sector union represents only those public employees who voluntarily are members of that union.

An Act To Authorize Parents with Power of Attorney To Make Decisions Regarding the Education of Their Adult Children - This bill allows a parent who has power of attorney to make education decisions on behalf of an adult child with mental retardation, serious emotional disturbance or other developmental disabilities.

An Act To Establish a New Method of Determining the State Budget - This bill shifts the start of the fiscal biennium for the state budget from the first regular session of the Legislature to the second regular session of the Legislature, beginning with the fiscal year that begins on July 1, 2014. This bill also provides that the state budget beginning on July 1, 2013 is a one-year budget.

RESOLUTION, Proposing an Amendment to the Constitution of Maine To More Equitably Fund the Liabilities of the Maine Public Employees Retirement System - This resolution proposes to amend the Constitution of Maine to remove the requirement that experience losses incurred by the Maine Public Employees Retirement System be retired in only 10 years and to change the required amortization schedule of unfunded liabilities from a fixed 31-year schedule to a so-called open or rolling 25-year schedule.

An Act To Establish Multidistrict Online Classes in Maine - This bill allows nonresident students to enroll in a school administrative unit's online learning program, with the school administrative unit of residence for that student to pay the enrolling school administrative unit the student's tuition for the program. The bill also directs the Department of Education to create a stakeholder group to study the opportunities in and challenges of creating one online learning program for the State and to report to the Joint Standing Committee on Education and Cultural Affairs by January 4, 2012.

An Act To Address the Documented Educational and Rehabilitation Needs of Persons Who Are Blind or Visually Impaired - This bill addresses the documented educational and rehabilitation needs of blind students and adults by funding approximately 50% of the professional staff shortage identified by both:  1. The report of the stakeholder working group established to review the current and future needs of blind or visually impaired individuals established pursuant to Resolve 2009, chapter 39; and 2. The recommendations of the Department of Education's corrective action plan work group in regard to Disability Rights Center v. Maine Department of Education dated July 28, 2010. The bill addresses the immediate crisis in staff shortages identified by both of the above-referenced reports, thereby avoiding a failure by this State to comply with federally mandated levels of special education services for Maine students who are blind or visually impaired. The bill meets the rapidly expanding need for vision rehabilitation and independent living services for adults dealing with vision loss due to both the general aging of the population and age-related eye diseases that cause vision loss. The bill provides funding for the following positions:  1. Two Certified Teacher of the Visually Impaired positions, to be competitively contracted by the Department of Labor, Division for the Blind and Visually Impaired, currently contracted through Catholic Charities of Maine; 2. One Orientation and Mobility Instructor for the Blind position and one Blindness Rehabilitation Specialist position, both to be employed by the Division for the Blind and Visually Impaired; 3. One full-time and 2 half-time Certified Vision Rehabilitation Therapist positions, to be competitively contracted by the Division for the Blind and Visually Impaired, currently contracted through The Iris Network; and 4. One Director of Program Design and Evaluation position to be competitively contracted by the Division for the Blind and Visually Impaired.

Resolve, To Direct the Department of Education To Review the Essential Programs and Services Model - This resolve directs the Department of Education to have an independent agency not previously involved with the essential programs and services funding formula review the essential programs and services model to analyze the impact of its implementation on children from economically disadvantaged areas, the funding shifts experienced by small rural schools and the result of the regional salary adjustment variable and the economically disadvantaged student variable on the equity of the distribution of state aid to municipalities for education and to provide a report to the Joint Standing Committee on Education and Cultural Affairs by December 1, 2011. The joint standing committee is authorized to submit a bill relating to the report to the Second Regular Session of the 125th Legislature.

An Act To Amend the Probate Code Regarding Powers of Attorney, Education of Children and Guardianship - This bill:  1. Extends the duration of a guardianship under the Probate Code for a minor or incapacitated person from 6 months to 12 months; 2. Authorizes the Probate Court in issuing, modifying or terminating a guardianship of a minor to enter an order providing transition arrangements that are in the best interests of the minor; 3. Defines "kinship parent" as an adult who assumes responsibility for a child but is not a parent of that child. The kinship parent must hold power of attorney for the kinship family child or apply to the Probate Court for guardianship of the kinship family child in order to enroll the kinship family child in school and participate in educational decisions made for the kinship family child; and 4. Allows a superintendent to deny enrollment of a kinship family child in the superintendent's school administrative unit if the superintendent determines that enrollment is not in the best interest of the kinship family child and provides an appeal process for the kinship parent to appeal this denial.

An Act To Prohibit Cyberbullying in Public Schools - Current law requires each school board to adopt a policy that addresses injurious hazing. This bill repeals the injurious hazing law and enacts provisions requiring school boards to adopt policies prohibiting offensive student or organizational behavior, including injurious hazing, harassment, bullying and cyberbullying. It requires the school board to include in the policy a procedure for reporting the offensive behavior to the authorities. The bill also makes harassment by cyberbullying a civil violation.

An Act To Assist Maine Schools To Obtain Federal Funds for Medically Necessary Services - This bill is a concept draft pursuant to Joint Rule 208.  This bill proposes to increase school administrative units' access to federal Medicaid funding for medically necessary services provided by those school administrative units to special education students for whom those services are required under an individualized education plan adopted for the student and as part of a free and appropriate public education.

An Act To Authorize the Use of Traffic Surveillance Cameras To Prove and Enforce Violations of Overtaking and Passing School Buses - The bill allows a municipality, law enforcement agency or school administrative unit to enforce violations of overtaking and passing a school bus through the use of traffic surveillance cameras and automated license plate recognition systems that are attached to a school bus, and requires a fine imposed for a violation of overtaking and passing a school bus to accrue to the municipality in which the violation occurred. This bill also makes technical corrections by removing references to the term "forfeitures" to reflect the current usage in the statutes of the term "fine."

An Act To Prohibit Bullying in Schools - This bill requires each school administrative unit to adopt, by August 15, 2012, a harassment, intimidation and bullying prevention policy based upon a model policy developed by the Commissioner of Education in conjunction with an advisory committee composed of representatives of parents, guardians, teachers, school employees, volunteers, students, administrators, community representatives, the Maine School Superintendents Association, the Maine Principals' Association and other interested parties. Harassment, intimidation and bullying prevention policies must be posted on the publicly accessible portions of the Department of Education's website and the respective school administrative unit's website.

An Act To Expand Magnet Schools in Maine - This bill is a concept draft pursuant to Joint Rule 208.  This bill proposes to give school districts across the State authority to create magnet schools, either within their communities or in partnerships with other districts. Magnet schools that are created under this bill will be eligible for state funds under the essential programs and services funding formula.

An Act To Authorize a General Fund Bond Issue To Fund the Challenger Learning Center of Maine - The funds provided by this bond issue, in the amount of $500,000, will be used by the Challenger Learning Center of Maine to improve educational achievement in mathematics and to inspire interest in science and technology careers.

An Act To Prepare Maine People for the Future Economy - This bill: 1. Establishes an education policy, core priorities for the State's education system, education system goals, benchmarks and intervention strategies; 2. Requires the development of a strategic plan to achieve the goals within the policy framework; 3. Requires that the state budget document present proposed expenditures on early childhood development, public education, adult education, higher education and workforce development in a manner that facilitates evaluation by the Legislature of whether funds are being appropriated and allocated in a manner that best accords with the established policy framework, advances the established goals and implements the strategic plan; 4. Requires that the Commissioner of Education adopt rules prescribing a uniform process for kindergarten screening in a manner that facilitates reliable and consistent measurement of statewide kindergarten readiness; 5. Requires school administrative units to award high school diplomas based on standards established by rule; and 6. Requires that, beginning with the class of 2015, students graduating from high schools demonstrate proficiency in the content areas of English language arts, mathematics, science and technology, social studies and health, physical education and wellness. Beginning with the class of 2018, students graduating from high schools must demonstrate proficiency in the content areas of career and education development; English language arts; world languages; health, physical education and wellness; mathematics; science and technology; social studies; and visual and performing arts.

An Act To Amend the Laws Governing Freedom of Access - This bill increases governmental transparency by enhancing the existing freedom of access laws to provide deadlines for responses to requests for public records, to ensure that requesters can access public records in the format requested and to require the designation of public access officers for every agency and political subdivision.  The bill provides funding for an Assistant Attorney General position located in the Office of the Attorney General to act as the public access ombudsman, which is a parttime position.

An Act To Promote School Attendance and Increase School Achievement - This bill implements the recommendations of the stakeholder group established by the Commissioner of Education pursuant to Public Law 2009, chapter 626. The charge provided to the stakeholder group was to develop methodologies and recommendations relating to increasing high school graduation rates and to address other policy issues pertaining to school expulsion, suspension, zero-tolerance practices and truancy in the State. The bill accomplishes the following.  1. It requires the Department of Education to obtain more accurate and complete data in calculating high school graduation rates. In addition to calculating the 4year adjusted cohort graduation rate required by the Federal Government, the department is required to collect and record graduation rates for a 5year cohort and a 6year cohort and also use other descriptors of academic success for school-age students on a statewide aggregate basis, including the Department of Education diploma, high school equivalency diploma obtained through adult education and the general equivalency diploma.  2. It changes the law regarding compulsory school age by reducing the age when a child must start school from 7 to 6 years of age and by increasing the age threshold under which a child who has not attained high school graduation or equivalency is expected to attend secondary school from 17 to 20 years of age. The bill also amends the exceptions to the compulsory school age requirements.  3. It amends the truancy laws by striking all references to "habitual" truancy. It changes the provisions for determining truancy and removes the requirement that local law enforcement be notified of a truant student. It describes response to intervention teams for schools and their duties, including assessing situations of student truancy and developing and helping implement intervention plans for truant students.  4. It clarifies provisions pertaining to the qualifications and role of school attendance coordinators and requires superintendents to appoint attendance coordinators. In current law, school attendance coordinators are elected. It establishes that the salary costs of attendance coordinators are eligible for state subsidy under the Essential Programs and Services Funding Act.  5. It directs school boards to review policies and procedures established for the code of conduct and school discipline, including provisions that encourage school boards to focus the code of conduct on positive intervention and expectations rather than unacceptable student behavior and to focus school disciplinary policies on evidence based positive and restorative interventions rather than set punishments for specific behavior. The bill also requires that schools provide notice to parents or legal guardians of a student's suspension regardless of whether it is an in school or out of school suspension and discourages the use of zero-tolerance practices in school discipline.  6. It establishes due process standards for school expulsion proceedings to inform students and their parents or legal guardians of the procedural steps involved in and of their legal rights prior to, during and following the due process hearing and provide an explanation of the consequences of expulsion.  7. It amends the laws regarding school expulsion to require that all students who have been expelled from school must be provided with a written reentry plan, developed by the superintendent in consultation with the student and the student's parents or legal guardian, that provides guidance to the expelled student regarding what the student must do to establish satisfactory evidence that the behavior that resulted in the expulsion will not likely recur.  8. It further amends the laws regarding school expulsion to authorize school boards to provide educational services to an expelled student in an alternative setting.  9. The bill also provides for an ongoing appropriation of funds to the Department of Education to disburse to school administrative units that request funding for providing appropriate interventions to students who are at risk of becoming truants or dropouts due to an expulsion from school or who struggle with mental health and substance abuse issues.

An Act To Update the Laws Concerning the Maine School of Science and Mathematics - This bill updates the laws concerning the Maine School of Science and Mathematics to change the designation of the school from a chartered school to a magnet school and changes the title of "superintendent" of the school to "executive director" to avoid confusion with other statutory terms.

An Act To Amend the Law Relating to Concealed Firearms Locked in Vehicles - This bill provides that the State may not prohibit a state employee who has a valid permit to carry a concealed firearm from keeping a firearm in the employee's vehicle on state property as long as the vehicle is locked and the firearm is not visible.  EMERGENCY

An Act To Amend Provisions Limiting the Return to Work after Retirement by Teachers, School Employees and State Employees - This bill provides that limitations on conditions of restoration to service after retirement enacted in 2011 apply only to school superintendents and principals, not to state employees or teachers.

An Act To Require the Maine Community College System, the University of Maine System and the Maine Maritime Academy To Report the Number of Students Enrolled in Remedial Courses - This bill requires the Maine Community College System, the University of Maine System and the Maine Maritime Academy to report annually on the number of traditional students who attended high school in the State and who are enrolled in remedial courses at each campus within their respective systems.

An Act To Clarify Health Insurance Benefits for Disabled Participants in the Maine Public Employees Retirement System - This bill corrects unanticipated consequences of changes made during the First Regular Session of the 125th Legislature regarding payment for state retiree health insurance. This bill clarifies that disabled retirees who are automatically converted to a regular retirement benefit before normal retirement age are not required to pay 100% of the individual premium for health insurance coverage.  EMERGENCY

An Act To Improve the Regional School Unit Budget Approval and Validation Process - This bill changes the form of the question for a regional school unit budget validation referendum. It also provides that if a budget for the operation of a regional school unit is not approved prior to July 1st, the latest budget approved at a budget validation referendum is automatically considered the budget for operational expenses for the ensuing year until a final budget is approved.

Resolve, To Create the Task Force on the Prevention of Sexual Abuse of Children - This resolve establishes the Task Force on the Prevention of Sexual Abuse of Children, which is directed to research issues regarding child sexual abuse in Maine and to adopt policies to address those issues. The policies may include age-appropriate curricula for schoolchildren from prekindergarten to grade 5 and methods to increase teacher, student and parent awareness of the issues regarding child sexual abuse. The task force is also directed to submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters, and the joint standing committee is authorized to submit legislation to the First Regular Session of the 126th Legislature based on that report.  EMERGENCY

Resolve, Regarding Legislative Review of Chapter 122: Grant Application and Award Procedure: Fund for the Efficient Delivery of Educational Services, a Major Substantive Rule of the Department of Education - This resolve provides for legislative review of Chapter 122: Grant Application and Award Procedure: Fund for the Efficient Delivery of Educational Services, a major substantive rule of the Department of Education.  EMERGENCY

Resolve, Regarding Legislative Review of Portions of Chapter 101: Maine Unified Special Education Regulation Birth to Age Twenty, a Major Substantive Rule of the Department of Education - This resolve provides for legislative review of portions of Chapter 101: Maine Unified Special Education Regulation Birth to Age Twenty, a major substantive rule of the Department of Education.  EMERGENCY

An Act To Amend and Clarify the Public Charter School Law - This bill amends the law authorizing creation of public charter schools. The bill makes the following changes with regard to authorizers of public charter schools. It allows the Commissioner of Education to suspend an authorizer's authority to enter into new charter contracts if the commissioner finds that the authorizer is deficient in performing its functions. It clarifies the functioning of local school boards that join together to form a regional charter school. It clarifies membership and operations of the State Charter School Commission, including specifying that members who are appointed because of their membership on the State Board of Education continue to serve on the commission only as long as they are members of the State Board of Education. It provides that the transitional 10-school limit on public charter schools in current law applies only to schools approved by the commission. It requires a public charter school authorizer to give a public charter school written notice of deficiencies in the school and to provide written notice of the authorizer's charter revocation procedures and criteria.  The bill makes the following changes with regard to public charter schools. It provides that governing boards of public charter schools are subject to the same conflict of interest provisions as noncharter public school boards. It clarifies when public charter schools take over responsibility for special education services for a student transferring from a noncharter public school and clarifies special education funding. The bill changes the law regarding payment of special education funds to a public charter school authorized by a local school board by requiring that the payments be made to the local school board, not to the public charter school. The bill ensures that a public charter school student has the same access to career and technical education programs as students in the noncharter public school in the student's resident school administrative unit.  Under current laws, if a school administrative unit fails to make payment to a public charter school, the Treasurer of State is directed to withhold payments to that school administrative unit. This bill provides that the Treasurer of State may withhold those funds from the municipalities that are members of the school administrative unit. Finally, the bill provides that public charter schools have access to high-risk pools and emergency funds operated by the State or by the school's authorizer, but do not have access to local high-risk or emergency funds.  EMERGENCY

Resolve, Regarding Legislative Review of Portions of Chapter 61: Rules for Major Capital School Construction Projects, a Major Substantive Rule of the Department of Education and the State Board of Education - This resolve provides for legislative review of portions of Chapter 61: Rules for Major Capital School Construction Projects, a major substantive rule of the Department of Education and the State Board of Education.  EMERGENCY

An Act To Authorize the Commissioner of Education To Allow Access to Criminal History Record Information to Entities Providing Document Management and To Remove Applicants' Fingerprints from the Fingerprint File - This bill authorizes the Commissioner of Education to allow access to criminal history record information to entities providing document management to the Department of Education.  It authorizes the Commissioner of Education to remove electronic and physical fingerprint records in the fingerprint file maintained by the Department of Public Safety, State Bureau of Identification when the applicant for a department credential has not had an active credential for a period of 5 years.