Maine Revised Statutes Title 20-A Sec. 20105 – Placement and attendance – Article 5
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1. Course placement. When a student transfers before or during the school year, the school in the receiving state shall initially honor placement of the student in educational courses based on the student’s enrollment in the school in the sending state and any educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to courses designated as “honors,” “international baccalaureate,” “advanced placement,” “vocational,” “technical” and “career pathways” courses. Continuing a student’s academic program from a previous school and promoting placement in academically and career challenging courses is paramount when considering placement. Nothing in this subsection precludes the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in a course.
[PL 2009, c. 409, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 20105
- Active duty: means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 United States Code, Chapters 1209 and 1211. See Maine Revised Statutes Title 20-A Sec. 20102
- Deployment: means the period one month prior to a service member's departure from the service member's home station on military orders to 6 months after return to the service member's home station. See Maine Revised Statutes Title 20-A Sec. 20102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local education agency: means a public authority legally constituted by a member state as an administrative agency to provide control of and direction for kindergarten to grade 12 public educational institutions. See Maine Revised Statutes Title 20-A Sec. 20102
- Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1
- Receiving state: means the state to which a child of a military family is sent, brought or caused to be sent or brought. See Maine Revised Statutes Title 20-A Sec. 20102
- Sending state: means the state from which a child of a military family is sent, brought or caused to be sent or brought. See Maine Revised Statutes Title 20-A Sec. 20102
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United States territory. See Maine Revised Statutes Title 20-A Sec. 20102
- Student: means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten to grade 12. See Maine Revised Statutes Title 20-A Sec. 20102
- Superintendent: means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. See Maine Revised Statutes Title 20-A Sec. 1
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Educational program placement. A school in a receiving state shall initially honor placement of a student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the sending state, including but not limited to gifted and talented programs and English as a Second Language programs. Nothing in this subsection precludes the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
[PL 2009, c. 409, §1 (NEW).]
3. Special education services. In compliance with:
A. The requirements of the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33, the receiving state shall initially provide comparable services to a student with disabilities based on the student’s current individualized education program; and [PL 2009, c. 409, §1 (NEW).]
B. The requirements of Section 504 of the Rehabilitation Act, 29 United States Code § 794, and with Title II of the Americans with Disabilities Act, 42 United States Code §§ 12131 to 12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing plan under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act or a federal Title II plan, to provide the student with equal access to education. Nothing in this subsection precludes the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. [PL 2009, c. 409, §1 (NEW).]
[PL 2009, c. 409, §1 (NEW).]
4. Placement flexibility. Local education agency administrative officials may waive course or program prerequisites or other preconditions for placement in courses or programs offered under the jurisdiction of the local education agency.
[PL 2009, c. 409, §1 (NEW).]
5. Absence as related to deployment activities. A student whose parent or legal guardian is an active duty member of the uniformed services, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, must be granted additional excused absences at the discretion of the local education agency superintendent to visit with the student’s parent or legal guardian relative to such leave or deployment of the parent or legal guardian.
[PL 2009, c. 409, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 409, §1 (NEW).