C. The State Board of Education may give technical advice and assistance to any school board in connection with the establishment and operation of any school lunch program and may assist in training personnel engaged in the operation of such program. The State Board of Education and any school board may accept any gift for use in connection with any school lunch program. [Amended by Acts 1970, No. 612, sec. 1.]

Miscellaneous

Ch. 1. General School Law (Sub-Part B-1. Assignment, Transfer, and Continuance of Pupils) Part II. Parish School Boards

SEC. 111. Discrimination in public schools prohibited; pupil assignment; religious educational institutions.-A. No person shall be refused admission into or be excluded from any public school in the State of Louisiana on account of race, creed, color or national origin.

B. Except with the express approval of a board of education or school board having jurisdiction, a majority of the members of such board having been elected, no student shall be assigned or compelled to attend any school on account of race, creed, color or national origin, or for the purpose of achieving equality in attendance or increased attendance or reduced attendance, at any school, of persons of one or more particular races, creeds, colors or national origins, and no school district, school zone or attendance unit, by whatever name known, shall be established, reorganized or maintained for any such purpose, provided that nothing contained in this section shall prevent the

assignment of a pupil in the manner requested or authorized by his parents or guardian, and provided further that nothing in this Act shall be deemed to affect, in any way, the right of a religious or denominational educational institution to select its pupils exclusively or primarily from members of such religion or denomination or from giving preference to such selection to such members or to make such selection to its pupils as is calculated to promote the religious principle for which it is established. [Acts 1970, Ex. Sess., No. 1, secs. 1, 2.]

Part III. Public Schools and School Children

SEC. 153. Agreements for combination of public and parochial schools prohibited. The school boards of the several parishes of this state are prohibited from entering into any contract, agreement, understanding or combination, tacitly or expressly, directly or indirectly, with any church, monastic or other order or association of any religious sect or denomination whatsoever, with the representatives thereof or with any person or corporation conducting a school which solicits patronage from those of any particular religious faith, affiliation or persuasion, for the purpose of running any public school or schools of this state together, in connection, or in combination with any private or parochial school, or other institution of learning which may be under the control or management of any church, monastic or other religious order or association of any religious sect or denomination whatsoever, or under the control of any person or corporation conducting a school which solicits partronage especially from those of any particular religious faith, affiliation or persuasion.

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Education (art. 8, part first).

SEC. 1. A general diffusion of the advantages of education being essential to the preservation of the rights and liberties of the people; to promote this important object, the Legislature are authorized, and it shall be their duty to require, the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools; and it shall further be their duty to encourage and suitably endow, from time to time, as the circumstances of the people may authorize, all academies, colleges and seminaries of learning within the State: provided, that no donation, grant or endowment shall at any time be made by the Legislature to any literary institution now established, or which may hereafter be established, unless, at the time of making such endowment, the Legislature of the State shall have the right to grant any further powers to, alter, limit or restrain any of the powers vested in, any such literary institution, as shall be judged necessary to promote the best interests thereof.

Tax Exemptions For Nonpublic Schools

See STATUTORY PROVISIONS, MISCELLANEOUS, title 36, sections 1483 and 1760.

Miscellaneous

Declaration of Rights (art. 1).

SEC. 3. *** and all religious societies in this State, whether incorporate or unincorporate, shall at all times have the exclusive right of electing their public teachers, and contracting with them for their support and maintenance. Legislative Power (art. 4, part third).

SEC. 14. Corporations shall be formed under general laws, and shall not be created by special Acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however formed, they shall forever be subject to the general laws of the State.

STATUTORY PROVISIONS

Education (title 20).

Approval/Supervision/Support

Part 1. Administration and Organization;

(ch. 3 State Board of Education)

SEC. 51. State Board of Education. -* * * 3.-powers. Notwithstanding any other provision of law, the State Board of Education shall have only the powers specifically stated in this subsection: * * *

B. *** establish requirements for approval and accreditation of elementary and secondary schools; * * *

SEC. 58. Contracts for vocational education programs.-The State Board of Education is authorized to enter into contract with any academy or institute, which is serving one or more communities in lieu of a public secondary school, for the conduct of a vocational course or vocational courses which meet the same standards for approval as those conducted in public secondary schools.

The State Board of Education may reimburse such institutions for part of the cost of conducting approved vocational courses from funds available from the Federal Government for the purposes of vocational education.

Commissioner of Education (ch. 5).

SEC. 102. Duties.—* * * 7. * * * The officers in charge of a private school founded after the effective date of this Act shall furnish the commissioner (of Education) with a copy of the course of study arranged by said officers. Schools in good standing in the Independent Secondary School Division of the New England Association of Colleges and Secondary Schools shall be exempted from the preceding paragraph. Notwithstanding any other section of law, the commissioner may remove basic approval from any school for cause. Whenever a school fails to meet requirements, the commissioner shall give due notice and shall hold a hearing. If the school fails to comply and does not take necessary remedial action, the commissioner may remove basic approval.

Compiler's Note: See CURRICULUM, ch. 5, sec. 102(7).

12. Inspection. To cause an inspection to be made under the direction of the board and to report to the school committee and to the board his findings and recommendations when petitioned by 60% of the parents of the children of any one school or whenever the school committee, school directors or the superintendent of schools of any administrative unit, or 20% of the legal voters, shall petition him or the board to make an inspection of the schools in said unit; and to prepare a list of standards of buildings, equipment, organization and instruction, and to give such ratings upon such lists of standards to any schools that are inspected under this subsection as their general condition, equipment and grade of efficiency may entitle them. Whenever such a petition is received by the commissioner or the board, the board may determine the extent and conditions under which an inspection shall be made;

17. Approval of schools. Schools enrolling only pupils not residents of this State shall be subject to an annual review of their programs and shall be approved on an annual basis by the commissioner when they meet standards equivalent to those required of public and private schools of this State.

Part 2. Public Schools; (ch. 101. General Provisions)

SEC. 805. Information concerning pupils.-No superintendent of schools, principal, teacher, employee or governing board member of any public, private or parochial elementary or secondary school, shall permit access to any written records concerning any particular pupil enrolled in the school in any class to any person except under judicial process unless the person is one of the following:

1. Parent or guardian. Either parent or a guardian of such pupil;

2. Person designated. A person designated, in writing, by such pupil if he is an adult, or by either parent or a guardian of such pupil if he is a minor;

3. Officials. An official, in the course of his duties, of a public, private or parochial elementary or secondary school where the pupil attends or has attended or intends to enroll;

4. Law enforcement officer. A state or local law enforcement officer, including a probation officer, parole officer or a member of a parole board seeking information in the course of his duties;

5. Education officials. The Commissioner of Education, or a member of his staff, or the superintendent of schools, or a member of his staff, in the course of his duties, where the pupil attends, has attended or intends to enroll; 6. Scholastic records. A college or university requesting scholastic records of a pupil who has applied thereto for admission.

Such restrictions are not intended to interfere with the giving of information by school personnel concerning participation in athletics or other school activities, the winning of scholastic or other honors and awards, or other like information. Notwithstanding the restrictions imposed by this section, a governing body may, in its discretion, provide information to the staff of a college, university or educational research and development organization or laboratory if such information is necessary to a research project, or study conducted, sponsored or approved by the college, university or educational research and development organization or laboratory and if no pupil will be identified by name in the information submitted for research.

Statistics and Registration (ch. 107).

SEC. 962. Birth certificate on first enrollment.-Every child who enrolls as a pupil for the first time in any school in the State shall present within 60 days of such enrollment, to the teacher thereof, an official record of his birth. The State Registrar of Vital Statistics shall, upon request of parents or guardians of such children, furnish copies of such records as may be on file at his office, without charge.

SEC. 963. Duties of parents, teachers and superintendents.—It shall be the duty of parents or guardians of such children to see that the children are provided with the records required in sections 962 to 965. Teachers shall list with the superintendents of schools having jurisdiction the names of all children who have not presented a certificate of birth within the 60 days specified. The said superintendent thereupon shall send a complete list of all such delinquent persons to the State Registrar of Vital Statistics at Augusta, giving names of children and names and addresses of parents or guardians so delinquent.

High Schools (ch. 113).

SEC. 1281. Requirements.-The secondary schools of this State shall be evaluated for basic approval and may be evaluated for accreditation. No school shall be given basic approval for attendance, tuition or subsidy purpose within this Title unless it meets the following requirements:

1. Course of study approved. It maintains a course of study approved by the commissioner.

2. Length of school day. It has a school day of sufficient length to allow 200 minutes per week for each period in the basic schedule. When the board of directors, school committee or trustees of an approved academy wish to schedule classes for fewer than 200 minutes per week, a proposal

shall be submitted to the commissioner not later than April 1st of the preceding school year. The commissioner shall grant or withhold approval. 3. Minimum school year. It has a minimum school year of 180 school days of which not less than 175 shall be actual school days and no more than 5 may be devoted to in-service education of teachers. The State Board of Education shall have the right to reduce or waive the minimum number of days required upon application from any school committee, board of directors or board of trustees of any academy in the State, such application to be supported in writing with a statement of the reasons for such request. 4. Certified teachers. It employs only certified teachers.

5. Pupil-teacher ratio. It has a pupil-teacher ratio of not more than 30 to

one.

6. Hygienic facilities and equipment. It has safe and hygienic facilities, adequate equipment and supplies, all of which comply with the regulations established by the Department of Health and Welfare and the Department of Education.

7. Consecutive grades. It is organized to include not less than 2 consecutive grades from 9 to 12.

8. The requirements for graduation shall include American history and 4 years of English in a planned program approved by the Commissioner of Education. Notwithstanding the foregoing, a student who has satisfactorily completed the freshman year in a degree-granting institution may receive a secondary school diploma from the school he last attended.

9. Records. It has adequate, safely protected records.

10. Size. Any public school enrolling fewer than 100 pupils may be approved by the State Board of Education on an emergency or continuing basis only after the school committee or board of directors have presented in detail reasons for such emergency or continuing approval. Any such school which is adjudged by the board to be geographically isolated shall receive the board's approval for a 6-year period subject to the right of the board to terminate its approval, on the ground of size, only if the school receives at least 5-years' notice of such termination, and subject also to the satisfactory meeting in every case of the other requirements of this section. Any approved school may apply to the commissioner for recognition as an accredited school. The commissioner, with the approval of the state board, shall establish requirements for accreditation which shall include nationally recognized standards, including quality of instruction, school facilities and curriculum content. The commissioner shall appoint an advisory committee consisting of professional and lay persons to assist in the development of these standards. No school shall be accredited until it has been evaluated by a committee qualified to appraise its functions and the success attending its program.

Notwithstanding any other provision of this Title, the Commissioner of Education shall give basic approval under this section for attendance purposes to any nonpublic secondary school which is accredited by the New England Association of Colleges and Secondary Schools; and for tuition purposes to any nonpublic secondary boarding school which is so accredited.

SEC. 1282. Junior high school defined.-A junior high school shall include such schools as maintain a diversified program of studies approved by the commissioner, for such grades or years as he shall prescribe, throughout a school year of at least 36 weeks. Any combination of 2 or more consecutive grades, 6 through 9, may be included in such a school. A school of this class may be maintained in connection with or as a part of an approved or accredited high school. Any approved junior high school may apply to the commissioner for recognition as an accredited school.

SEC. 1284. Schools inspected.-All schools of secondary grade receiving state aid shall be inspected under the direction of the commissioner. He shall determine what schools are approved for attendance, tuition and subsidy purposes and what schools are accredited through the procedures described in section 1281.

SEC. 1286. Course of study; free tuition; outside pupils.-The course of study in secondary schools shall be approved by the Commissioner of Education. ***

SEC. 1289. Pupils in administrative units without approved secondary schools.- Any administrative unit which does not maintain an approved secondary school may authorize its school committee to contract for one to 5 years with and pay the school committee or school directors of any nearby administrative unit, or the trustees of any academy located within such town or in any nearby town or towns, for the schooling of all or part of the pupils within said administrative unit in the studies contemplated by section 1281. ***

SEC. 1291. Attendance where no secondary school; occupational courses; tuition; board.—Any youth whose parent or legal guardian maintains a home for his family in any administrative unit which does not support, contract for or maintain an approved secondary school may attend any approved secondary school to which he may gain entrance by permission of those having charge thereof. ***

The annual tuition charge for any public or private school is limited to 115% of the allowable tuition charge of the previous year, including the allowable insured value factor. Payments in excess of the legal tuition charge as defined in this section may be made when authorized by the voters of the sending administrative unit at a regular or special town meeting. ***

Academies and Seminaries (ch. 115).

SEC. 1344. Academy defined; approval of instruction; reports. Wherever in sections 1344 to 1348, the word "academy" occurs, it shall be construed to include “seminary” or “institute.”

When in the judgment of the commissioner, from returns made as provided, it appears that any incorporated academy in the State is prepared to give instruction equivalent to that required by law to be given in free high schools, that pupils attending the said academy are qualified to receive such instruction and that the teachers in the said academy are certified or licensed to give instruction in secondary school studies, such academy may provide secondary education under the conditions of sections 1291 and 1292. Every academy receiving state funds, either directly or indirectly, and every academy approved for tuition and attendance purposes shall annually, on or before the 15th day of July, report to the commissioner such information as may be required for the performance of his duties.

SEC. 1345. Regulations of state board.-The state board may make such reasonable regulations regarding tuition charges, accounting and other aspects of academy and municipal relationships as are deemed necessary for carrying out the purposes and provisions of sections 1344 to 1348.

SEC. 1346. Audit.-Every academy, eligible to receive tuition payments from municipalities which are eligible for state subsidy aid under chapter 512, shall on or before September 1st of each year furnish to the State Auditor satisfactory proof that the books, accounts, financial documents and reports to the commissioner of said institution for the fiscal year preceding have been examined and found to be in satisfactory and accurate condition with proper vouchers on file, said audit to be made by the State Department of Audit or by individuals or firms recognized as competent auditors by training and experience or by qualified public accountants.

SEC. 1347. State Auditor or commissioner may cause audit. - The State Auditor may cause an audit to be made of the books, accounts and financial documents of institutions mentioned in section 1346, which have or have not complied with said section, when requested to do so by 3 or more duly elected and qualified officers of said institution, said audit in all cases to be conducted at the expense of the institution. When in the opinion of the commissioner an audit is necessary, he shall request the State Auditor to cause such audit to be made, the audit in such instance to be at no expense to the institution in question.

SEC. 1348. Forfeiture of tuition payments.-Academies which have not

complied with sections 1344, 1346 or 1347 before the first day of September of each year shall not be eligible to receive tuition payments from municipalities receiving state subsidy.

Compulsory Education

Part 2 (ch. 105. Attendance and Discipline)

SEC. 911. Compulsory education; neglect; subnormal child.—Every child between the 7th and 17th anniversaries of his birth shall attend some public day school during the time such school is in session, and an absence therefrom of 1/2 day or more shall be deemed a violation of this requirement. The first sentence of this section shall not apply to a child who has been graduated from high school before his 17th anniversary or to a child with subnormal mental capacity or a child who has completed the grades of the elementary school prior to September 1, 1965. Necessary absence may be excused by the school committee, school directors or superintendent of schools or teachers acting by the direction of either. Such attendance shall not be required if the child obtains equivalent instruction, for a like period of time, in a private school in which the course of study and methods of instruction have been approved by the commissioner, or in any other manner arranged for by the school committee or the school directors with the approval of the commissioner. Children shall not be credited with attendance at a private school until a certificate showing their names, residence and attendance at such school, signed by the person or persons having such school in charge, shall be filed with the school officials of the administrative unit in which said children reside. ***

Special Education

Part 5 (ch. 404. Exceptional Children)

SEC. 3121. Purpose. It is the declared policy of this State to provide equal educational opportunities for all children. It is the purpose of this chapter to insure that all school administrative units provide equal educational opportunities for all exceptional children. It is deemed to be appropriate to provide educational services within regular programs with supportive assistance, within regulations promulgated by the State Department of Educational and Cultural Services. Exception to this policy shall be based on appropriate supporting evaluative data submitted by a school administrative unit to the commissioner explicitly indicating a child cannot be properly served in a regular program.

cause

SEC. 3122. Services mandatory. The commissioner shall provide or to be provided by administrative units all regular and special education, corrective and supporting services required by exceptional children to the end that they shall receive the benefits of a free public education appropriate to their needs. It shall be within the jurisdiction of the commissioner to require that schools and classes in all institutions, wholly or partly supported by the State, which are not supervised by public school authorities, be organized according to the regulations established by him for the conduct of schools and classes of the public school system.

SEC. 3123. Definitions.-As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. 1. Exceptional child. "Exceptional child" means any person between the ages of 5 and 20 determined to be mentally handicapped, emotionally handicapped, hearing impaired, speech and language impaired, learning disabled, visually impaired, physically handicapped or multiply handicapped, as defined by the Maine Department of Educational and Cultural Services. 2. Special education. "Special education" means classroom, home, hospital, institutional or other instruction to meet the needs of exceptional children, diagnosis and evaluation, transportation and corrective and supporting services, as defined by the commissioner, required to assist exceptional children.

3. Special education facility. "Special education facility" means a school or

any portion thereof, intended for use in meeting the educational, corrective and related needs of exceptional children.

SEC. 3124. Facilities.-Physical aspects and specifications of schools, classrooms and other facilities for use by exceptional children shall be related to their educational, physical, psychological and social needs. To this end, administrative units, agencies of the State, and its subdivisions, and any private persons or entities constructing, renovating or repairing facilities with or aided by public funds, which facilities are intended to be used for the education of exceptional children, shall plan, locate, design, construct, equip and maintain them with due regard for the special capabilities, handicaps and requirements of the exceptional children to be accommodated therein. No school or school-related construction, renovation, remodeling, expansion or modification shall be eligible for state aid pursuant to chapter 510 unless the State Board of Education finds that it is in conformity with Title 25, sections 2701 to 2703, prohibiting architectural barriers for the handicapped.

SEC. 3127. Appropriate services for exceptional children.-Each administrative unit shall provide appropriate education and training for exceptional children, as set forth in this Title, and in any other statutes and regulations of the Commissioner and State Board of Education, by any one or a combination of the following methods.

1. Approval. An appropriate program for exceptional children may be established in any administrative unit provided it is approved by the commissioner as to requirements for admission, teacher preparation, plan of instruction, necessary facilities and supervision.

2. Contract. An administrative unit may contract with, or tuition to, another administrative unit or any approved public or private agency or institution to provide a program for the education of exceptional children. Such contract shall be subject to approval by the commissioner.

3. Cooperative agreement. An administrative unit may enter into a cooperative agreement with one or more administrative units under sections 309, 309-A and 309-B. Programs established under this section shall be subject to approval by the State Board of Education.

In addition to subsections 1, 2, and 3, an administrative unit shall make any other provisions, subject to approval by the commissioner, to insure the education of all exceptional children as may become necessary.

SEC. 3131. Identification of exceptional children. - The administrative unit shall establish procedures to identify all children who require special education. The administrative unit of residence shall provide diagnosis and evaluation as necessary for the planning and implementation of a special education program for each exceptional child.

Nothing in this chapter shall be construed to authorize or require physical examinations or medical treatment of any child whose parent objects thereto on the grounds he relies solely upon nonmedical remedial care and treatment in accordance with a recognized religious method of healing.

SEC. 3134. In-service education.-Administrative units may raise and appropriate money for in-service education of teachers and other school personnel.

SEC. 3136. State aid to be provided.-The State shall provide financial aid to administrative units for educational and related services provided by them for exceptional children. Such aid shall include the following elements:

1. Remedial services. The education of exceptional children in school programs designed to meet their special needs; and the furnishing of corrective or remedial services designed to assist exceptional children.

2. Evaluation. Screening, diagnosis and evaluation as is necessary for the planning and implementation of a special education program;

3. Transportation. The furnishing of round-trip transportation to the facility where the public or private day program is provided;

4. Tuition. The furnishing of tuition to day or residential schools, in-state or out-of-state, except that no tuition shall be paid to any school operated by another state agency;

5. Room and board. The furnishing of room and board, not to exceed an amount determined by the commissioner, in lieu of daily conveyance to a special education facility, in-state or out-of-state;

6. Contracts. Contracts with appropriate agencies for provisions of educational services for exceptional children, providing the contract is approved by the commissioner.

Mentally Retarded Children (ch. 405).

SEC. 3161. Teachers; training; reimbursement.-Any administrative unit may, in addition to the sum raised for the support of public schools, raise and appropriate money for the education of teachers and other school personnel to meet the educational needs of mentally retarded children. Such appropriation shall be expended on a matching basis with any funds made available by the department for the same purpose.

Teachers and other school personnel who are so trained may be reimbursed through funds of the department on a matching basis for expenditures for such training approved in advance by the commissioner.

SEC. 3162. Construction or acquisition of school buildings.—The county commissioners may expend county funds for construction or acquisition of buildings for educational programs for retarded children operated with approval of the department and receiving state subsidies therefor. If the buildings for which county funds have been expended under this section are sold, the proceeds must be expended on services and programs for retarded children. Nothing contained in this section shall be construed to authorize counties to operate such programs.

Curriculum

Part 1 (ch. 5. Commissioner of Education)

SEC. 102. Duties.-*** 7. Studies to be taught. To prescribe the studies to be taught in the public schools and in private schools approved for attendance and tuition purposes, reserving to school committees, trustees or other officers in charge of such public or private schools the right to prescribe additional studies, and the course of study prescribed by the commissioner shall be followed in all public schools and in all private schools approved by the said commissioner for attendance or tuition purposes. Upon the approval by the said commissioner of any course arranged by the school committee of any town, or by the trustees or other officers of any private school, said course shall be the authorized course for said town or private school. The basic language of instruction in all schools, public and private, shall be the English language except as provided in this section. American history and civil government, including the Constitution of the United States and the Declaration of Independence, the importance of voting and the privileges and responsibilities of citizenship, shall be taught in all schools of elementary and secondary grades, both public and private, and American history and civil government shall be required for graduation from all elementary schools, both public and private. Nothing in this section shall be construed to prohibit the teaching in elementary schools of any language as such:

A course in geography and the natural and industrial resources of Maine shall be taught in at least one grade from 7 to 12, in all school systems, both public and private.

School Committee (ch. 15).

SEC. 473. Duties.-School committees and school directors shall perform the following duties: * * *

2. General course of instruction; textbooks. Direct the general course of instruction and approve a uniform system of textbooks, and perform such other functions as may be specified by law. No textbook thus approved shall be changed for 3 years unless by vote of the committee or directors; 3. Physiology and hygiene. They shall make provisions for the instruction of all pupils in schools supported by public money or under State control in