Chapter 572
H.P. 1446 - L.D. 2062
PART A
Sec. A-1. 20-A MRSA §401-A,  as enacted by PL 1987, c. 395, Pt. A, §47, is amended to read:
The State Board of Education is intended to act as a body with certain policy-making, administrative and advisory functions. In those capacities, the board has the primary responsibility for the following:
1. Formulating policy.
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Formulating policy by which the commissioner shall administer certain regulatory tasks;
2. Advising commissioner.
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Advising the commissioner in the administration of all the mandated responsibilities of that position; and
3. Enforcing regulatory requirements.
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Enforcing regulatory requirements for school administrative units.
The state board may advise the commissioner and the Legislature on matters concerning state laws relating to public preschool to grade 12 and postsecondary education.
Sec. A-2. 20-A MRSA §5401, sub-§1,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
1. Municipal school units.
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The superintendent of schools in a municipal school unit shall, with the approval of the school board, provide transportation for elementary school students and public preschool students a part of or the whole distance to and from the nearest suitable elementary school. The municipality may provide transportation for secondary level students.
Sec. A-3. 20-A MRSA §5401, sub-§2, ¶A,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
A. Elementary school students and public preschool students a part of or the whole distance to and from the nearest suitable school; and
Sec. A-4. 20-A MRSA §5401, sub-§3, ¶A,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
A. Instruct the superintendent of schools to provide transportation for elementary and secondary school students and public preschool students all or a part of the way to and from the nearest suitable school; or
Sec. A-5. 20-A MRSA §5401, sub-§17  is enacted to read:
17. Rules.
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The department may adopt rules to implement the provisions of this section. A rule authorized or provisionally adopted by the department pursuant to this subsection or Title 29-A, section 2311 after January 1, 2008 that concerns the transportation of public preschool students is a major substantive rule and subject to legislative review in accordance with Title 5, chapter 375, subchapter 2-A. An amendment to a rule adopted pursuant to this subsection or Title 29-A, section 2311 prior to January 1, 2008 is considered a major substantive rule when the amendment concerns the transportation of public preschool students, and it is subject to legislative review in accordance with Title 5, chapter 375, subchapter 2-A.
Sec. A-6. 20-A MRSA c. 407, Â as amended, is repealed.
Sec. A-7. 20-A MRSA §10701, sub-§2,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
2. Degree.
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"Degree" means a document of achievement at the associate level or higher conferred by a post-secondary postsecondary educational institution authorized to confer that degree in its home state. It includes educational, academic, literary or and professional degrees. It also includes associate, baccalaureate, masters or master's and doctoral degrees and certificates of advanced graduate studies.
Sec. A-8. 20-A MRSA §10701, sub-§3,  as amended by PL 1991, c. 563, §3 and PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:
3. Educational institution.
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"Educational institution" means any person, partnership, board, association, institution or corporation other than the University of Maine System and , the Maine Community College System and the Maine Maritime Academy that offers academic, educational, literary or professional courses or programs.
Sec. A-9. 20-A MRSA §10702,  as amended by PL 1987, c. 395, Pt. A, §81, is further amended to read:
An educational institution may use the term " junior community college," "college" or "university" in connection with its operation or use any other name, title or descriptive matter which that might tend to indicate that it is an institution of higher learning with the authority to confer degrees, only if it:
1. Temporary approval.
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Is operating under a license or certificate of temporary approval from the state board in accordance with section 10703; or
2. Authorization.
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Has authorization to confer degrees in accordance with sections 10704 and 10704-A.
Sec. A-10. 20-A MRSA §10703,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
1. Power.
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The state board may grant an applicant a certificate of temporary approval, permitting use of the term " junior community college," "college" or "university" in its name until the earlier of: A. The expiration of the academic year; or
B. The applicant is authorized by the Legislature to grant degrees in accordance with section 10704.
2. Extensions and renewals.
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The state board may extend or renew a certificate of temporary approval for not more than 2 years.
Sec. A-11. 20-A MRSA §10705,  as amended by PL 1987, c. 395, Pt. A, §84, is further amended to read:
An educational institution may offer courses or programs for academic credit leading to degree-completion requirements only if:
1. Authority.
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It has been authorized under sections 10704 and 10704-A to grant degrees;
2. State board authority.
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It has been given temporary authority by the state board to use the name " junior community college," "college" or "university;" "university"; or
3. Out-of-state institution.
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It is: A. Located in another state outside the State; and
B. Authorized by the state board to offer courses for academic credit leading to degree-completion requirements.
An educational institution may offer courses or programs for academic credit if it offers coordinated courses or programs in conformity with section 10706.
Sec. A-12. 20-A MRSA §10706,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
An educational institution may offer courses or programs for academic credit which that are coordinated with a Maine degree-granting educational institution and which that have been approved by the state board.
Sec. A-13. 20-A MRSA §10707, sub-§2,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
2. Temporary use of name.
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Applications for temporary state board authority to use the name " junior community college," "college" or "university" shall must be made to the state board on forms provided by the commissioner.
Sec. A-14. 20-A MRSA §10712, last ¶,  as enacted by PL 1991, c. 563, §4, is amended to read:
Upon termination of its degree-granting authority pursuant to this section, an educational institution may apply to the state board pursuant to section 10703 for a certificate of temporary approval to use the term " junior community college," "college" or "university" in its name.
Sec. A-15. 20-A MRSA §10713, sub-§1,  as enacted by PL 1991, c. 563, §4, is amended to read:
1. Investigations.
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Whenever the state board believes that an event, transaction or condition within the scope of section 10712 may have occurred or may exist, it may conduct an investigation , which may include, but is not limited to, an examination of the educational institution by a visiting committee convened by the state board for that purpose. As part of an investigation conducted under this subsection, the state board has the power to subpoena and examine under oath educational institutions, their trustees, directors, officers and employees, lenders, creditors and investors, together with their records, books and accounts. Any member of the state board may sign investigative subpoenas and administer oaths to witnesses. The state board may also require the educational institution to provide other written information relevant to the subject matter of the investigation in the format prescribed by the state board. The Superior Court has jurisdiction upon complaint filed by the state board to enforce any subpoena or request for other written information issued under this subsection.
Sec. A-16. 22 MRSA §1971, sub-§1,  as amended by PL 2007, c. 1, Pt. D, §3, is further amended to read:
1. Establishment.
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The position of school nurse consultant is established jointly within the department and the Department of Education. The Director of the Bureau of Health Maine Center for Disease Control and Prevention and the Policy Director of Special Services within the Department of Education shall jointly supervise the school nurse consultant.
Sec. A-17. 29-A MRSA §2311,  as affected by PL 1993, c. 683, Pt. B, §5 and amended by PL 1995, c. 82, §1, is further amended to read:
The Commissioner of Education may adopt or amend rules consistent with this Title and in accordance with the Maine Administrative Procedure Act, concerning school bus construction, equipment, operation and identification. Rules adopted pursuant to this section that concern the transportation of public preschool students are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.