Maine - Limits on Referrals to Law Enforcement: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Regulation
Summary: 

State law requires districts to establish formal procedures governing referrals to local law enforcement.

Maine Revised Statutes Title 20-A Education Part 2 School Organization Chapter 101 General Provisions Subchapter 1 School Boards 1001. Duties of school boards

15.  Adoption of student code of conduct.

With input from educators, administrators, parents, students and community members, they shall adopt a district-wide student code of conduct consistent with the statewide standards for student behavior developed under section 254, subsection 11. The student code of conduct must:

  • A. Define unacceptable student behavior;
  • B. Establish standards of student responsibility for behavior;
  • C. Prescribe consequences for violation of the student code of conduct, including first-time violations, when appropriate;
  • D. Describe appropriate procedures for referring students in need of special services to those services;
  • E. Establish criteria to determine when further assessment of a current individual education plan is necessary, based on removal of the student from class;
  • F. Establish policies and procedures concerning the removal of disruptive or violent students or students threatening death or bodily harm to others from a classroom or a school bus, as well as student disciplinary and placement decisions, when appropriate;
    *G. Establish guidelines and criteria concerning the appropriate circumstances when the superintendent or the superintendent's designee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence committed by any person on school grounds or other school property;

Code of Maine Department of Education, Chapter 125 Basic approval standards: public schools and school administrative units, 05.071.125

Section 10 School health and safety services

10.05 Student Code of Conduct

Each school administrative unit shall adopt a system-wide student code of conduct that is consistent with standards of ethical and responsible behavior established by the Commissioner. The unit shall inform parents and students about the student code of conduct. Each school unit shall submit to the Commissioner an annual report of incidents of violent and harmful behavior by or against students in a format established by the Commissioner.
The student code of conduct shall include the following:

  • A) Define unacceptable student behavior;
  • B) Establish standards of student responsibility for behavior;
  • C) Prescribe consequences for violation of the student code of conduct, including first-time violations, when appropriate;
  • D) Describe appropriate procedures for referring students in need of special services to those services;
  • E) Establish criteria to determine when further assessment of a current individual education plan is necessary, based on removal of the student from class;
  • F) Establish policies and procedures concerning the removal of disruptive or violent students from a classroom or a school bus, as well as student disciplinary and placement decisions; and
  • G) Establish guidelines and criteria concerning the appropriate circumstances when the superintendent may provide information to law enforcement agencies regarding an offense that involves violence committed by any person on school grounds or other school property.
    Maine Department of the Secretary of State
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