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By-Laws and Policies

BYLAWS

CODE: BYLAWS

Maine School of Science and Mathematics

Bylaws

ARTICLE I

ORGANIZATION

Section 101. Membership. (20-A MRSA §8204) In appointing members to the Board of Trustees, the Governor shall give proper consideration to achieving statewide geographical representation and gender equity. The board of trustees shall consist of 17 voting members and 2 nonvoting members as follows:

  1. The Commissioner of Education or the commissioner's designee;
  2. The Chancellor of the University of Maine System or the chancellor's designee;
  3. A board member of the Regional School Unit in which the school is located, from the community in which the school is located, or the board member's designee;
  4. One member, who is a citizen of Limestone and has an active interest in education, appointed by the Governor;
  5. Three members who are full-time teachers, one of whom is a teacher at the school who is a nonvoting member and is annually elected by members of the school's faculty and 2 of whom are teachers in the State representing different geographic regions of the State, appointed by the Governor. Both full-time and part-time teachers at the school may vote in the election of a faculty member to serve on the board, and the election shall be by secret ballot;
  6. Ten members of the general public appointed by the Governor, at least 4 of whom must be scientists, engineers or mathematicians employed within the business or industrial community and one of whom must be a graduate of the Maine School of Science and Mathematics and one of whom must be a parent of a student or of a graduate who graduated within 5 years prior to the parent's appointment to the board of trustees. All appointments under this paragraph are subject to review by the joint standing committee of the Legislature having jurisdiction over education matters and subject to confirmation by the Legislature;
  7. One student member who is a voting member and has been elected as the presiding officer of the student body. The student member may not participate as a board member in executive sessions and may not vote in a public proceeding on any matter that was discussed or considered during an executive session; and
  8. Superintendent of the school, who serves as the clerk of the Board of Trustees and is a non-voting member. The Executive Director serves as the superintendent.

The terms of the members of the Board of Trustees who are appointed by the Governor are for 4-year terms unless otherwise designated. The terms of the 2 teachers appointed by the Governor are staggered. Of the initial appointees, one is appointed for a term of 2 years and one appointed for a term of 4 years. The terms of the 10 members of the general public are staggered. Of the initial appointees, 4 are appointed for terms of 2 years and 4 for 4 years. Members may be appointed for consecutive terms.

Section 102. Officers. (20-A MRSA §8204) The Board of Trustees shall choose annually one of its members to serve as Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by secret ballot.

The Chair shall preside at all meetings of the Board of Trustees, shall have the right to vote on all questions, shall appoint board members to serve on and/or chair committees, may appoint non-board members to serve on and/or chair committees, and shall have such other powers and duties as the Board from time-to-time may prescribe.

In the absence of the Chair, the Vice-Chair shall perform the duties of the Chair.

Secretary (20-A MRSA§8204) The Executive Director of the School serves as the secretary of the Board of Trustees and is a nonvoting member.

The secretary shall have custody of the seal of the School and shall attest to and affix said seal to such documents as required in the business of the school including but not limited to deeds, bonds, mortgages, agreements, contracts, diplomas, transcripts, resolutions, certificates, minutes; and bylaws issued pursuant to the authority of the School.

The secretary shall give proper notice of all meetings of the Board of Trustees and shall keep a record of the appointment of all committees and the Board of Trustees and members of the administrative and teaching staffs. He/she shall keep a record of the minutes of all meetings of the Board of Trustees and each of its committees.

The secretary may elect an assistant secretary from among the staff of the School. The secretary may delegate to the assistant secretary various responsibilities of his/her position.

Treasurer (20-A MRSA§8205) The Board of Trustees may appoint a treasurer, who need not be a member of the Board of Trustees. The Treasurer may have custody of the funds of the MSSM, making payments as the Board of Trustees may authorize and, with the approval of the Board of Trustees, he/she may delegate any of the duties to such person(s) acting under the supervision of the Treasurer as the Board of Trustees may approve. The Treasurer shall see that records are so made and kept as to give a full and accurate history of the financial transactions of the MSSM and so as to present, accurately, its financial condition and shall render such periodic and other reports as the Board of Trustees may require. The Treasurer with the authorization of the Board of Trustees shall have authority to endorse for transfer in the name and on behalf of the MSSM bonds and other securities and evidence of indebtedness standing in the name of the MSSM. The Treasurer, at the expense of the MSSM, shall give such bond for the faithful performance of his or her duties as the Board of Trustees may require.

Section 103. Committees. The following shall be the standing committees of the Board of Trustees: Academic Committee, Audit Committee, Executive Committee, External Relations Committee, Finance Committee, Personnel Committee, and Residential Life Committee. The Chair of the Boar of Trustees shall appoint members and committee chairs. The Board of Trustees may establish other committees as needed and delegate to them such responsibilities and authorities, as it deems appropriate.

The Executive Committee shall consist of the Chair of the Board of Trustees, the Vice-Chair, the Secretary, and the Chairs of the other standing committees.

The Executive Committee shall meet as called by the Chair and shall act with the authority of the Board of

Trustees between meetings of the Board, except that the Executive Committee may not amend the bylaws. The Executive Committee shall report all of its actions to the Board of Trustees. Minutes of the Executive Committee shall be distributed promptly after each meeting to the Board of Trustees.

The Chair of the Board shall be a nonvoting ex-officio member of each committee of the board. The School Executive Director or a delegate may attend any committee meeting but may not vote.

A simple majority of each of the individual committees shall constitute a quorum for conducting business.

The chair of any committee, with consent of the Chair of the Board of Trustees, may request the Executive Director to appoint a member of the administrative staff to serve as a liaison between the committee and the office of the Executive Director.

AUDIT COMMITTEE

Mission Statement

The Audit Committee shall assist the Board of Trustees in fulfilling its oversight responsibility with respect to the financial reporting process, the system of internal control, and the audit process. The Audit Committee shall appoint and manage the outside auditor engagement. The School’s management is responsible for the preparation, presentation and integrity of the School’s financial statements, for maintaining appropriate accounting and financial reporting principles and procedures designed to assure compliance with accounting standards and applicable laws and regulations and for designing and maintaining internal controls.

Organization

The Audit Committee shall consist of at least three members. The Chair shall be a Trustee. The other two members shall be external (i.e. non-trustee) appointments. All appointments shall be made by the Chairman of the Board of Trustees and ratified by the Executive Committee of the Board. Moreover, no member of the Committee may in the current fiscal year or in the previous fiscal year have been associated in the capacity of employee or of compensated officer with an organization that received any form of compensation from the School in those years. Nor may any member of the Committee accept, either directly or indirectly, any consulting, advisory, or other compensatory fee from the School. All members of the Committee shall possess a high level of financial expertise. At least one member shall have accounting or related financial management experience.

The Committee shall meet in December in connection with regularly scheduled meetings of the Board of Trustees and otherwise as necessary. Trustees who are not members of the Committee may not attend meetings of the Committee in their capacity as a Trustee except as invited by the Committee for consultation.

A majority of the Committee shall constitute a quorum for the transaction of business at any meeting thereof, and the act of a majority of the members of the Committee present at any meeting at which a quorum is present shall be the act of the Committee.

Roles and Responsibilities

The Audit Committee shall:

Oversee the School’s system of internal controls and preparation of its audited financial statements. In fulfilling this responsibility, the Committee shall:

  1. Be directly responsible for the appointment, compensation, retention and oversight of the work of the outside auditor preparing or issuing an audit or any related work and the outside auditor shall report directly to the Committee;
  2. Review the outside auditor’s qualifications, independence and performance;
  3. Review the scope, approach and cost of the audit;
  4. Pre-approve all audit services and non-audit services to be provided by the School’s outside auditor. In fulfilling this responsibility, the Committee may delegate to the Chair of the Committee the authority to grant pre-approval of such services, provided notice of such approval is then given to the entire Committee at the next meeting;
  5. Review significant accounting and reporting developments and issues;
  6. Review the annual financial statements audited by the outside auditors;
  7. Review suggestions for improvements in internal controls from outside auditors;
  8. At the meeting designated for such a purpose and at other meetings as deemed necessary or desirable, meet separately with the outside auditors;
  9. Have the authority to engage independent counsel and other advisers, as it determines necessary to carry out its duties;
  10. Review and monitor the School’s internal controls;
  11. Review with the outside auditor any audit problems or difficulties and management's response;
  12. Keep minutes of all meetings and communicate those to the Board of Trustees’ Executive Committee, the Treasurer and the School’s financial officer;
  13. Review and make recommendations to the Board with respect to the School’s Board of Trustees Code of Ethics.
  14. Periodically review and assess the adequacy of this charter and make recommendations to the Governance Committee of changes.
  15. Conduct an annual performance evaluation of the Audit Committee and report its findings to the Chair of the Board.

Attend to such other matters as the Board of Trustees may from time to time determine.

ARTICLE II

MEETINGS

Section 201. Regular Meetings. (20-A MRSA§8204) There shall be at least four regular meetings of the Board of Trustees each year. These meetings shall be held on the second Saturday in September, December, March, and May unless otherwise determined by the Board.

A notice specifying the time and place of each regular meeting of the Board shall be transmitted by the Secretary to each member of the Board at least ten days in advance of the regular meeting date. Any matter of business may be considered at a regular meeting of the Board.

Whenever an appointed member of the Board shall fail for any reason other than ill health, excused absence, or service in the interest of the nation or state, to be present at three successive regular meetings of the Board, the Board may recommend that the Governor deem his or her position vacant and appoint a replacement.

Members of the Board of Trustees are compensated for expenses pursuant to Title 5, section 12004-C, subsection 6.

Section 202. Special Meetings. The Chair may request, in writing, a special meeting of the Board of

Trustees and, upon the concurrence of not fewer than four members of the Board, the secretary shall call such a special meeting. The special meeting shall be held within ten days of receipt by the secretary of written notice of the request and the concurrence of four Board members for the special meeting. A notice specifying the time and place of the special meeting of the Board shall be transmitted by the secretary to each member of the Board at least ten days in advance of the meeting date. If in the opinion of the Chair an expedited meeting is necessary, then three days notice by telephone, telegram or other electronic means shall be sufficient. Any matter of business may be considered at a special meeting of the Board. Three days notice may be waived by the resolution of the Board.

In the case of special meetings, the notice shall state the purpose of the meeting, and no business shall be transacted at such meeting that does not relate to the purpose stated.

Section 203. Conduct of Business. (20-A MRSA §8204) A quorum for the transaction of business is constituted by the attendance of 1/3 of all voting members (17 x .33 = 6) and all official actions of the Board requires a majority vote of those members present and voting.

The Chair shall preside over all regular and special meetings of the Board of Trustees, except that, in the absence of the Chair, the Vice-Chair shall preside. In the absence of both the Chair and Vice-Chair a presiding officer shall be elected by a majority from the membership of the Board of Trustees in attendance.

All voting members of the Board of Trustees may vote on all matters coming before the Board for consideration. The student member may not vote in a public proceeding on any matter that was discussed or considered during an executive session. No member may vote by proxy.

Any member may participate, in any meeting by visual and/or audio teleconferencing provided the equipment used permits the distant member to hear all discussions, and to be heard by everyone present including members present by teleconference from other locations. Distant members may vote on any motion before the Board by voice vote.

Any meeting at which part, or all, of the members participate by teleconference means shall be subject to state law concerning public access to such meetings and applicable "Right to Know" law.

Except as modified by specific rules and regulations adopted by the Board of Trustees, the most recently revised edition of Robert's Rules of Order shall constitute the rules of the parliamentary procedure applicable to all meetings of the Board of Trustees and its committees.

Section 204. Open and Executive Session. All meetings of the Board and its committees shall be open to the public; however, the Board reserves the right to convene in executive session on a recorded vote of 3/5 of the members present and voting for a designated purpose. The student member may not participate as a board member in executive sessions and may not vote in a public proceeding on any matter that was discussed or considered during an executive session. Nothing in this section shall be used to defeat the "Right to Know" law.

Section 205. Conflict of Interest. Every Board of Trustees member, and every member of a committee established by the Board of Trustees, shall avoid conflicts of interest by disclosure or by abstention.

Section 206. Honorary Trustee. The Board of Trustees may from time to time honor a retiring trustee or other citizen who has provided exceptionally distinguished service with the title of Honorary Trustee.

Nominations for the title of honorary trustee will be brought to the Board for its approval by the nominating committee. The committee will consider such criteria as length of service on the board and/or service which is particularly significant in promoting the well being of the School.

An Honorary Trustee may attend all regular board meetings, but may not vote on any motions or other actions and shall not be counted for quorum purposes. An Honorary Trustee may not attend executive sessions unless invited because of some particular experience or expertise pertinent to the matters to be discussed in the executive session.

There are no fixed terms nor any attendance requirements nor any entitlement to compensation or reimbursement for expenses for Honorary Trustees.

ARTICLE III

POWERS AND DUTIES

Section 301. General Powers and Duties. The Board of Trustees shall have the power to manage the property and business of the School and shall have the power to carry out any other functions which are permitted or required in Title 20-A, section 8205, or the provisions of these bylaws not inconsistent therewith.

Specific power and duties outlined in Title 20-A, section 8205 includes the following:

  1. Policies. To develop and adopt policies and rules, including bylaws, necessary for the operation of the school;
  2. Administration. To oversee the administration of the school, including the hiring of teachers and administrative support staff;
  3. Financial Management. To appoint a treasurer and to accept donations, bequests or other forms of financial assistance for any educational purpose from a public or private person or agency and to comply with rules and regulations governing grants from the Federal Government or from any other person or agency;
  4. Budget Development. To prepare and adopt an annual budget for the operation of the school and to exercise budgetary responsibility and allocate for expenditure by the school and programs under its jurisdiction all the resources available for the operation of the school and its programs;
  5. Indemnification. To indemnify the trustees, officers, teaching staff and employees affiliated with the school and to purchase and maintain insurance to indemnify any such person to the extent provided in Title 13-B, section 714;
  6. Bonds. To require security for the faithful performance of duties by the officers, trustees, employees and other agents of the school who are entrusted with the custody of the school securities or authorized to disburse the funds of the school. The security must consist of a bond, either a blanket bond or individual bond with a surety bond, or bonds having a minimum limitation of $100,000 coverage for each insured person. The expense of a bond is assumed by the school;
  7. Property Management. To lease and to acquire by purchase any property, lands, buildings, structures, facilities or equipment and make improvements to facilities necessary to carry out any functions which are permitted or required in Title 20-A, section 8205. The Eastern Aroostook Regional School Unit retains ownership of the Limestone Elementary School, now a dormitory, and the Limestone Junior Senior High School, and shares those facilities with the School;
  8. Certificates and Diplomas. To offer courses of study and grant diplomas and certificates on completion of courses of study. This may be done in cooperation with the sending school;
  9. Contracts and Agreements. To enter into any contracts and agreements, to the extent that funds are available, in the execution of its powers under Title 20-A section 8205;
  10. Delegation. To delegate duties and responsibilities as necessary for the efficient operation of any functions which are permitted or required in Title 20-A, section 8205;
  11. Criteria for Enrollment. To establish criteria to be used in determining eligibility of applicants for enrollment. The criteria must include methods of ensuring gender equity in student selection;
  12. Student Conduct. To prepare and adopt procedures, rules, and regulations to ensure the smooth operation of student conduct standards;
  13. Geographical Basis. To develop and adopt an admissions policy to ensure that students from all over the State have an equal opportunity to attend the school;
  14. Fees and Charges. To establish and collect necessary fees and to set policies relating to other appropriate charges for students;
  15. Benchmarks and Assessments. To establish benchmarks and methods of assessing progress in the levels of academic achievement in mathematics and science for students who participate in school programs and to establish benchmarks and methods of assessing progress in the professional development of teachers who participate in school programs; and
  16. Report. To report annually to the Governor and the joint standing committee of the Legislature having jurisdiction over education matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs on the results of the assessment in subsection 15 and the general status of the school and to provide a financial audit of the school conducted by an independent auditor;
    1. Quarterly financial statements. To submit quarterly financial statements to the Governor, the joint standing committee of the Legislature having jurisdiction over education matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs;
  17. Sue or be sued. To sue or be sued in the name of the school; and
  18. Other. To do any other act necessary or useful for carrying out its powers, duties or purposes.

Section 302. Executive Director of the School. The Executive Director shall be the administrator and executive head of the School, subject to the policies, rules and regulations adopted by the Board of Trustees, and he/she shall be responsible for carrying out all policies, rules and regulations of the Board of Trustees. The Executive Director shall promote the academic excellence, the development and the welfare of the School. The Executive Director shall bring such matters to the attention of the Board of Trustees as are appropriate to keep the Board fully informed to meet its policy-making and regulatory responsibilities.

The Executive Director shall have the power, on behalf of the Board of Trustees, to perform all acts and execute all documents to make effective the actions of the Board or its Executive Committee. The Executive Director, on behalf of the Board of Trustees, will have the authority to hire, evaluate and dismiss the staff of the Maine School of Science and Mathematics.

ARTICLE IV

DISCRIMINATION

In administering its affairs, the School shall not discriminate against any person on the basis of race, creed, color, national or ethnic origin, sex, sexual orientation, age, or disability.

ARTICLE V

AMENDMENT OF BYLAWS

These bylaws may be amended at any regular or special meeting of the Board of Trustees by an affirmative vote of two-thirds of the membership in attendance, provided notice of the substance of the proposed amendment is sent to all trustees ten days prior to the meeting at which the amendment is to be voted upon.

  • Adopted: 8/18/94
  • MSSM Board of Trustees
  • Changes Made: 4/17/1997
  • Changes Made: 2/5/1999
  • Changes Made: 1/29/2002
  • Changes Made: 4/7/2003
  • Changes Made:9/11/2010
  • Changes Made: 5/25/2013

Section A: Foundations & Basic Commitment

AACC - Trafton Housing Policy

CODE: AACC

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

TRAFTON HOUSING POLICY

The Executive Director shall develop procedures for occupancy of the housing units on Trafton Avenue and owned by the School.

  • Implemented: July 3, 2014
  • 1st 8 Reading: Sept. 6, 2014
  • Revised from Sept. 10, 2011
  • 2nd 11 Reading: March 14, 2015

AACC-R - Trafton Housing Procedure

CODE: AACC-R

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

TRAFTON HOUSING PROCEDURE

Whereas the administration of the Maine School of Science and Mathematics desires to build a close sense of community between its students, faculty, staff, and the Limestone area, and; Whereas proximity to the School is essential in developing that sense of community; the Administration of the School is implementing the following practice:

Occupancy

Occupancy of the units on Trafton will be offered to employees of MSSM on a first-come, first-served basis. A waiting list is maintained by the Business Office of the School. However, the Executive Director shall retain the right to make a final decision on occupancy.

For the purpose of occupancy, “employee” and “occupant” shall be defined as any employee (part-time or full-time), their immediate family (spouse, children, step-children,parents, grandchildren and step grandchildren, life partner.)

Multiple-employee occupancy (e.g. roommates) is acceptable if agreeable to all parties involved. Occupancy may continue as long as the occupant remains an employee of the School. Once employment status changes, the occupant will have thirty days to vacate the premises.

Pets

The occupant may have pets on the premises. The pets must be under the control of the owner at all times. The keeping of livestock (as defined by Title 17 §1011), dangerous, or wild animals is not permitted. [The determination of whether an animal is “dangerous” or “wild” shall be made by the Executive Director, whose decision shall be final. The occupant shall be responsible for any damage caused by their pets.

Permitted Activities

The intent of Trafton housing is to be residential for the use of our staff and faculty. The premises may not be used for any commercial/business purposes unless specifically approved by the Executive Director and then may not be used for enterprises which require access by the general public. Use of the premises for any illegal activity (whether convicted or not) is grounds for immediate eviction at the discretion of the Executive Director.

Drugs and Alcohol

Occupants and their guests are permitted to have and consume alcohol, over-the-counter drugs, and drugs prescribed by a licensed physician as long as the use and/or possession of said drugs or alcohol does not violate local ordinances, state, or federal laws. The use of tobacco products inside a Trafton residence is prohibited

Firearms

Occupants and their guests may possess legal (and legally obtained) firearms in their residences provided that they are locked (by trigger locks or in a safe).

Boundary

The possession of legal drugs, alcohol, or firearms by any person is restricted to the area of the Trafton site delineated in the deed for the property. The possession or use of alcohol or firearms continues to be strictly prohibited on the property which encompasses the Dormitory or the School as described in the most recent deeds.

Reasonable Care

It shall be the responsibility of the occupant to maintain the premises in an as-received condition during the entire occupancy of the premises. Since the premises are free of any rent, the occupant will be responsible for minor repairs and painting. Major maintenance (not including repairs required or caused by the negligence of the occupant) will be the responsibility of the School. The School shall also furnish the paint, if requested. No accumulation of garbage, vehicles, etc. is permitted anywhere on the premises. All repairs required due to the negligence or direct action of the employee/occupant shall be the responsibility of the employee.

Utilities

It shall be the occupant’s responsibility to maintain all utilities including heat, sewer, water, entertainment services, garbage pick-up, and telecommunication services. Any and all utility costs must be paid when vacating the premises. The final paycheck of an employee may be withheld until such payments are made. In particular, heat shall be maintained in the premises at a sufficient temperature to prevent freeze damage to the structure and plumbing at all times between October 1 and May 31 of each heating season. Fuel tanks will be topped off by MSSM when the unit is turned over to an occupant and the tanks will be topped off by the occupant when vacating the premises.

Insurance

The School shall maintain insurance on the structures and contents owned by the School (e.g. appliances.) The occupant shall provide insurance for all contents owned by the occupant.

Access

On receipt of reasonable notice (not to exceed seven calendar days), the occupant shall permit access to the School’s administration and/or maintenance staff for the purpose of conducting inspections and maintenance.

Grounds Maintenance

The School will maintain the grounds of the premises as time and manpower permit. Such maintenance is limited to mowing of lawns and snow removal by plow. The occupant shall be responsible for snow removal on walkways and areas inaccessible to the plow. No maintenance will be provided for flower beds and gardens. Flower beds and gardens are allowed, but at the sole expense of the occupant.

Agreement

A housing contract shall be signed by each occupant at the time of occupancy. The term of the contract shall expire on June 30 of each year. Renewal shall be year-to-year as long as occupant remains an employee of the School and complies with the terms of the housing contract. Under a breach of the housing contract, it may be unilaterally terminated by the School upon 30 days written notice to the employee by certified mail to the last known address of the employee.

Appendix: AACC-R1 – Residential Use Agreement Form

Cross Reference: GBEC – Drug Free Workplace

  • Implementation Date: December 5, 2013
  • Revised from February 9, 2012
  • 1st Reading: March 15, 2014
  • Revised from December 8, 2012
  • 2nd 129 Reading: May 23, 2014
  • Revised from March 16, 2013

Printable Form for Download

AC - Nondiscrimination/Equal Opportunity and Affirmative Action

CODE: AC

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

NONDISCRIMINATION/EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION

The MSSM Board of Trustees is committed to maintaining a workplace and learning environment that is free from illegal discrimination and harassment.

In accordance with applicable Federal and/or State laws and regulations, MSSM prohibits discrimination against and harassment of employees, candidates for employment, students and others with rights to admission or access to School programs, activities or premises on the basis of race, color, sex, sexual orientation, religion, ancestry or national origin, or disability. For the purpose of this policy, “sexual orientation” means a person’s actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression.

Further, in compliance with Federal law, MSSM prohibits discrimination against School employees and candidates for employment on the basis of age or genetic information.

The Board of Trustees delegates to the Superintendent the responsibility for implementing this policy. The MSSM Affirmative Action Plan will include designation of an Affirmative Action Officer who will be responsible for ensuring compliance with all Federal and State requirements related to nondiscrimination. The Affirmative Action Officer will be appointed by the Superintendent and will be a person with direct access to the Superintendent.

The Superintendent/Affirmative Action Officer shall be responsible for ensuring the notice of compliance with Federal and State civil rights laws is provided to all applicants for employment, employees, students, parents and others, as appropriate.

Legal Reference:

              • Equal Employment Opportunities Act of 1972 (P.L. 92-261)
              • amending Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000(e) et seq.)
              • Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.)
              • Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
              • Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.)
              • Equal Pay Act of 1963 (29 U.S.C. § 206)
              • Vocational Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.)
              • Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
              • Genetic Information Nondiscrimination Act of 2008 (GINA) (42 U.S.C. § 2000ff et seq.)
              • Maine Human Rights Act (5 MRSA § 4551, et seq.)

Cross Reference:

              • MSSM Affirmative Action Plan
              • ACAA - Harassment and Sexual Harassment of Students
              • CODE: AC
              • ACAB - Harassment and Sexual Harassment of School Employees
  • 1st Reading: September 11, 2010
  • Adopted: May 27, 2011

ACAA - Harassment and Sexual Harassment of Students

CODE: ACAA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

HARASSMENT AND SEXUAL HARASSMENT OF STUDENTS

Harassment of students because of race, color, sex, sexual orientation, religion, ancestry or national origin, or disability is prohibited. Such conduct is a violation of Board of Trustees policy and may constitute illegal discrimination under state and federal laws.

Harassment

Harassment includes but is not limited to verbal or written abuse based on race, color, sex, sexual orientation, religion, ancestry or national origin, or disability. Harassment that rises to the level of physical assault, battery and/or abuse is also addressed in Board of Trustees policy JICIA – Weapons, Violence and School Safety.

Sexual Harassment

Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors or pressure to engage in sexual activity, physical contact of a sexual nature, gestures, comments, or other physical, written or verbal conduct that is gender-based that interferes with a student’s education. School employees, fellow students, volunteers and visitors to the School, and other persons with whom students may interact in order to pursue School activities are required to refrain from such conduct.

Harassment/sexual harassment of students by School employees is considered grounds for disciplinary action, up to and including discharge. Harassment/sexual harassment of students by other students is considered grounds for disciplinary action, up to and including expulsion. The Superintendent will determine appropriate sanctions for harassment of students by persons other than School employees and students.

The Superintendent or a designated employee will investigate complaints of harassment in accordance with the Student Harassment Complaint Procedure. School employees, students, and parents shall be informed of this policy/procedure through handbooks and/or other means selected by the School administration.

Legal Reference:

              • Title IX of the Education Amendments of 1972 (20 USC § 1681, et seq.)
              • Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d))
              • 5 MRSA §§ 4602; 4681 et seq.
              • 20-A MRSA § 6553

Cross Reference:

              • ACAA-R - Student Harassment Complaint Procedure
              • AC - Nondiscrimination/Equal Opportunity and Affirmative Action
              • ACAD – Hazing
              • JICIA - Weapons, Violence and School Safety
  • 1st Reading: September 11, 2010
  • Adopted: May 27, 2011

ACAA-R - Student Discrimination and Harassment Complaint Procedure

CODE: ACAA-R

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

STUDENT DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE

This procedure has been adopted by the Board of Trustees in order to provide a method of prompt and equitable resolution of student complaints of discrimination or discriminatory harassment as described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and ACAA – Harassment and Sexual Harassment of Students.

Definitions

For purposes of this procedure:

  1. “Complaint” is defined as an allegation that a student has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin, or disability; and
  2. “Discrimination or harassment” means discrimination or harassment on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin, or disability.

How to Make a Complaint

  1. Any student who believes he/she has been discriminated against or harassed should report his/her concern promptly to the Executive Director, Academic Dean, Advisor, Dean of Students, Instructor, or School Nurse. Students who are unsure whether discrimination or harassment has occurred are encouraged to discuss the situation with the Executive Director, Academic Dean, Advisor, Dean of Students, Instructor, or School Nurse.
  2. School staff members are expected to report possible incidents of discrimination or harassment of students to the Executive Director. Parents and other adults are also encouraged to report any concerns about possible discrimination or harassment of students.
  3. Any complainant shall not be retaliated against for making a complaint. Any retaliation against complainants by other students or School staff will result in disciplinary measures, up to and including expulsion or dismissal.
  4. Students are encouraged to utilize MSSM’s complaint procedure. However, students are hereby notified that they also have the right to report complaints to the Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333 (telephone: 207-624-6290) and/or to the U.S. Department of Education, Office for Civil Rights/ED, 8th Floor, 5 Post Office Square, Boston, MA 02109-3921 (telephone: 617-289-0111; TDD: 800-877-8339: fax: 617-289-0150).

Complaint Handling and Investigation

  1. The Academic Dean, Dean of Students, or School Nurse shall promptly inform the Executive Director or the Chief Operating Officer. The Executive Director or the Chief Operating Officer shall notify the person(s) who is/are the subject of the complaint that a complaint has been received.
  2. The complaint will be investigated by the Executive Director unless the Executive Director chooses to designate another person to investigate it on his/her behalf. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Executive Director shall be submitted to the Chair of the Board of Trustees, who may consult with legal counsel concerning the handling and investigation of the complaint.
    1. The person who is the subject of the complaint shall be provided with an opportunity to be heard as part of the investigation.
    2. If the complaint is against an employee of MSSM, any applicable contract provisions shall be followed.
    3. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.
    4. The Complaint Investigator shall keep a written record of the investigation process.
    5. The Executive Director may take interim remedial measures to reduce the risk of further discrimination or harassment while the investigation is pending.
    6. The Complaint Investigator shall consult with the Executive Director concerning the investigation, conclusions, and any remedial and/or disciplinary actions. The investigator shall fully document the conclusions and remedial action plan. The results of the investigation, conclusions, and remedial action shall be filed in the students' files and other locations as necessary.
    7. The investigation shall be completed within 21 calendar days of receiving the complaint, if practicable.
  3. The investigator may pursue an informal resolution of the complaint with the agreement of the parties involved. The informal resolution is subject to the approval of the Executive Director, who shall consider whether the informal resolution is in the best interest of MSSM in light of the particular circumstances and applicable policies and laws.
  4. If the Complaint Investigator determines that discrimination or harassment occurred, he/she shall, in consultation with the Executive Director:
    1. Determine what remedial action is required, if any;
    2. Determine what disciplinary action should be taken against the person(s) who engaged in discrimination or harassment, if any; and
    3. Inform the student who made the complaint in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).
  5. If the student’s parents/legal guardians are dissatisfied with the resolution, an appeal may be made in writing to the Executive Director within 14 calendar days after receiving notice of the resolution. The Executive Director shall review the investigation report and may conduct further investigation if deemed appropriate. The Executive Director’s decision shall be final. Should the complaint be against the Executive Director, the appeal shall be filed with the Chair of the Board of Trustees. The decision of the Chair shall be final.

Legal Reference:

              • Americans with Disabilities Act (28 CFR § 35.07)
              • Section 504 of the Vocational Rehabilitation Act (34 CFR § 104.7)
              • Title IX of the Education Amendments of 1972 (20 SC § 1681 et seq.)
              • Title VI of the Civil Rights Act of 1964 (PL 88-352)
              • 20 USC § 1232g;
              • 34 CFR Part 99
              • 5 MRSA §§ 4571; 4602; 4681 et seq.
              • 20-A MRSA §§ 6001 et seq.

Cross Reference:

              • AC - Nondiscrimination/Equal Opportunity and Affirmative Action
              • ACAA - Harassment and Sexual Harassment of Students
  • Implementation: September 26, 2013
  • 1st 133 Reading: September 11, 2010
  • Adopted:

ACAB - Harassment and Sexual Harassment of Employees

CODE: ACAB

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

HARASSMENT AND SEXUAL HARASSMENT OF SCHOOL EMPLOYEES

Harassment of School employees because of race, color, sex, sexual orientation, religion, ancestry or national origin, age, or disability is prohibited. Such conduct is a violation of Board of Trustees policy and may constitute illegal discrimination under state and federal laws.

Harassment

Harassment includes but is not limited to verbal abuse, threats, physical assault and/or battery based on race, color, sex, sexual orientation, religion, ancestry or national origin, age, or disability. Under the Maine Civil Rights Act, violence or threats of violence against a person or their property based on their sexual orientation are also illegal.

Sexual Harassment

Unwelcome sexual advances, suggestive or lewd remarks, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitute sexual harassment when:

          1. Submission to such conduct is made either explicitly or implicitly a term or condition of an employee’s work environment or employee benefits;
          2. Submission to or rejection of such conduct by an employee is used as the basis for decisions on employment benefits; and/or
          3. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.

Any employee who engages in harassment or sexual harassment will be subject to disciplinary action, up to and including discharge.

All complaints of harassment will be investigated in accordance with the School Employee Discrimination and Harassment Complaint Procedure.

Notice and Training

Annually, each employee shall receive a copy of this policy and the School Employee Discrimination and Harassment Complaint Procedure. This may be accomplished by including the policy/procedure with employee paychecks or by using other appropriate means to ensure that each employee receives a copy.

All newly hired employees shall be provided training about sexual harassment in accordance with Maine law.

The Superintendent is responsible for ensuring that MSSM complies with all legal requirements for posting, notification and training of employees regarding harassment and sexual harassment.

Legal Reference:

              • Title IX of the Education Amendments of 1972 (20 USC § 1681 et seq.)
              • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d)
              • Americans with Disabilities Act (42 USC § 12101 et seq.)
              • Section 504 of the Vocational Rehabilitation Act of 1973 (29 USC § 794 et seq.)
              • Title VII (42 USC § 2000c-2; 29 CFR § 1604.11)
              • Age Discrimination in Employment Act (29 USC § 623)
              • 5 MRSA §§ 4602; 4681 et seq.
              • 20-A MRSA § 6553
              • 26 MRSA §§ 806-807

Cross Reference:

              • ACAB-R - School Employee Discrimination and Harassment
              • Complaint Procedure
              • AC - Nondiscrimination/Equal Opportunity and Affirmative Action
              • ACAD - Hazing
  • 1st Reading: September 11, 2010
  • Adopted: May 27, 2011

ACAB-R - Employee Discrimination and Harassment Complaint Procedure

CODE: ACAB-R

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

EMPLOYEE DISCRIMINATION AND HARASSMENT

COMPLAINT PROCEDURE

This procedure has been adopted by the Board of Trustees in order to provide a method of prompt and equitable resolution of employee complaints of discrimination and harassment as described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and ACAB – Harassment and Sexual Harassment of School Employees.

Definitions

For purposes of this procedure:

        1. “Complaint” is defined as an allegation that an employee has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin or disability; and
        2. “Discrimination or harassment” means discrimination or harassment on the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin or disability.

How to Make a Complaint

        1. Any employee who believes he/she has been harassed or discriminated against is encouraged to try to resolve the problem by informing the individual(s) that the behavior is unwelcome or offensive and by requesting that the behavior stop. This shall not prevent the employee, however, from making an immediate formal complaint.
        2. Any employee who believes he/she has been discriminated against or harassed should report the concern promptly to the Superintendent. If the employee is uncomfortable reporting concerns to the Superintendent, he/she may report the concern to the Dean of Students or the Dean of Academics. The report should be made in writing. Employees who are unsure as to whether unlawful discrimination or harassment has occurred are encouraged to discuss their concerns with the Superintendent. Employees will not be retaliated against for reporting suspected discrimination or harassment.
        3. Any employee who believes he/she has been discriminated against or harassed is encouraged to utilize the School’s complaint procedure. However, employees are hereby notified that they also have the right to report incidents of discrimination or harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333 (telephone: 207-624-6050) and/or to the U.S. Department of Education, Office for Civil Rights/ED, 5 Post Office Square, Suite 900, Boston, MA 02109-3921 (telephone: 617-223-9622; TDD: 877-521-2172; fax: 617-289-0150).

Complaint Handling and Investigation

        1. The Superintendent will promptly inform the person who is the subject of the complaint that a complaint has been received.
        2. The Superintendent may pursue an informal resolution of the complaint with the agreement of the parties involved. The informal resolution is subject to the approval of the Superintendent, who shall consider whether the informal resolution is in the best interest of the School in light of applicable policies and law.
        3. The complaint will be investigated by the Superintendent, unless the Superintendent chooses to designate another person to investigate it on his/her behalf. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the Board of Trustees, who should consult with legal counsel concerning the handling and investigation of the complaint.
          1. The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation.
          2. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.
          3. The investigator shall keep a written record of the investigation process.
          4. The Superintendent may take interim remedial measures (consistent with any applicable collective bargaining agreement provisions) to reduce the risk of further harassment while the investigation is pending.
          5. The investigator shall consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions.
          6. The investigation shall be completed within 21 calendar days of receiving the complaint, if practicable.
        4. If the investigator determines that discrimination or harassment occurred, he/she shall, in consultation with the Superintendent:
          1. Determine what remedial action is required, if any;
          2. Determine what disciplinary action should be taken against the person(s) who engaged in harassment, if any; and
          3. Inform the employee who made the complaint in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).
        5. If the employee who made the complaint is dissatisfied with the resolution, he/she may appeal to the Superintendent within 14 calendar days after receiving notice of the resolution. The Superintendent shall review the investigation report and may conduct further investigation if deemed appropriate. The Superintendent’s decision shall be final.

Legal Reference:

              • Americans with Disabilities Act (28 CFR § 35.07)
              • Section 504 of the Vocational Rehabilitation Act (34 CFR § 104.7)
              • Title IX of the Educational Amendments of 1972 (34 CFR § 106.8(b)
              • Age Discrimination in Employment Act (34 CFR § 110.25)
              • Maine Human Rights Act (5 MRSA § 4571 et seq., 4681 et seq.)
  • Implementation Date: March 16, 2012
  • 1st Reading: March 17, 2012
  • Adopted: September 8, 2012

ACAD - Hazing

CODE: ACAD

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

HAZING

Maine statute defines injurious hazing as “any action or situation, including harassing behavior, that recklessly or intentionally endangers the mental or physical health of any. School personnel or a student enrolled in a public School.”

Injurious hazing activities of any type, either on or off School property, by any student, staff member, group or organization affiliated with this School, are inconsistent with the educational process and shall be prohibited at all times.

“Harassing behavior” includes acts of intimidation and any other conduct that recklessly or intentionally endangers the mental or physical health of a student or staff member.

“Acts of intimidation” include extortion, menacing, direct or indirect threats of violence, incidents of violence, bullying, statements or taunting of a malicious and/or derogatory nature that recklessly or intentionally endanger the mental or physical health of another person, and property damage or theft.

No administrator, faculty member, or other employee of the School shall encourage, permit, condone, or tolerate injurious hazing activities. No student, including leaders of students’ organizations, shall plan, encourage, or engage in injurious hazing activities.

Students who violate this policy may be subject to disciplinary action which may include suspension, expulsion, or other appropriate measures. Administrators, professional staff, and all other employees who violate this policy may be subject to disciplinary action up to and including dismissal.

In the case of an organization affiliated with this School that authorizes hazing, penalties may include rescission of permission for that organization to operate on School property or to receive any other benefit of affiliation with the School.

Persons not associated with this School who fail to abide by this policy may be subject to ejection from School property and/or other measures as may be available under the law.

These penalties shall be in addition to any civil or criminal penalties to which the violator or organization may be subject.

The Superintendent/designee shall be responsible for administering this policy. In the event that an individual or organization disagrees with an action—or lack of action—on the part of the Superintendent/designee as he/she carries out the provisions of this policy, that individual or organization may appeal to the Board of Trustees. The ruling of the Board of Trustees with respect to the provisions of this policy shall be final.

This right to appeal does not apply to student suspensions of 10 days or less.

A copy of this policy shall be included in all School, parent, and employee handbooks or otherwise distributed to all School employees and students.

Legal Reference:

              • 20-A MRSA § 6553

Cross Reference:

              • ACAA - Harassment and Sexual Harassment of Students
              • ACAB - Harassment and Sexual Harassment of Employees
              • JICIA - Weapons, Violence and School Safety
  • 1st Reading: September 11, 2010
  • Adopted: May 27, 2011

AD - MSSM's Mission

CODE: AD

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

MSSM’S MISSION


The Maine School of Science and Mathematics is established as a public magnet school pursuant to this chapter for the purpose of providing certain high-achieving high school students with a challenging educational experience. The school is a body politic and corporate and is an instrumentality and agency of the State. The exercise by the school of the powers conferred by this chapter is the performance of an essential public function by and on behalf of the State. [20-A MRSA §8201 et seq.]

Informed by the School’s founding statute, its history, and MSSM’s faculty and staff’s knowledge of the educational needs of high-achieving high school students, they endorsed the following mission statement:

The Maine School of Science and Mathematics (MSSM) brings together and helps a group of Maine's most academically motivated high school students become innovative, well-rounded scholars with the ability to develop, investigate, and communicate critical ideas that improve the human condition and benefit the state of Maine. The school builds and shares a rigorous curriculum that exceeds state educational standards while emphasizing connections between science, mathematics, and the humanities. MSSM extends its mission by fostering a statewide, year-round community of innovative learners that includes many of Maine'sstudents, educators, and the general public.

MSSM achieves its mission by:

          • Providing a rigorous, immersive, student-centered curriculum that emphasizes the connections between math, science, and the humanities; and culminates in opportunities for research and community service;
          • Presenting students with supportive opportunities to realize their personal and professional aspirations in Maine both through nurturing, challenging on-campus programs and through partnerships with research and higher education institutions throughout the state and beyond;
          • Creating a supportive, residential environment and academic community that promotes personal development, leadership, service, and academic success;
          • Developing special programs to primary school students; while also
          • Serving as a professional development partner for Maine’s teaching community.
  • Implemented: October 24, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

ADA - School System Goals and Objectives

CODE: ADA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

SCHOOL DISTRICT GOALS AND OBJECTIVES

The Board of Trustees recognizes its responsibility to set goals for the efficient operation of the School. In discharging this responsibility, the Board of Trustees will strive to ensure that the resources of the School are directed toward meeting the educational needs of each student.

The Board of Trustees will develop annual goals based on input solicited from a variety of sources. These goals will be shared with the community, the staff, and the students.

The administration shall develop appropriate objectives designed to achieve the stated priorities.

The Board of Trustees will regularly evaluate progress toward meeting the goals and will adopt appropriate policies designed to facilitate their accomplishment.

Legal Reference:

              • 20-A MRSA § 4511(3)(A)
  • 1st Reading: September 11, 2010
  • Adopted: May 27, 2011

ADAA - School Commitment to Standards for Ethical and Responsible Behavior

CODE: ADAA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

SCHOOL COMMITMENT TO STANDARDS FOR ETHICAL AND RESPONSIBLE

BEHAVIOR

The Board of Trustees believes that promoting ethical and responsible behavior is an essential part of the School’s educational mission. The Board of Trustees recognizes that ethics, constructive attitudes, responsible behavior, and “character” are important if a student is to leave School as a responsible and involved citizen. The Board of Trustees also recognizes that Maine law requires the adoption of a student code of conduct consistent with statewide standards for student behavior developed by the Commissioner of the Department of Education in compliance with 20-A MRSA § 254(11).

The Board of Trustees seeks to create and maintain a School climate in which ethical and responsible behavior can flourish. The Board of Trustees believes that instilling a sense of ethics and responsibility in students requires setting positive expectations for student behavior as well as establishing disciplinary consequences for behavior that violates Board of Trustees policy or School rules. Further, the Board of Trustees believes that in order to teach ethical and responsible behavior, adults who interact with students must strive to model and reinforce ethical and responsible behavior. To that end, the Board of Trustees supports an active partnership between the School and parents.

Recognizing that collaboratively identified core values are the foundation for a School culture that encourages and reinforces ethical and responsible student behavior, the Board of Trustees is committed to the establishment and implementation of a process for identifying shared values and setting and enforcing standards for behavior, including prescription of consequences for unacceptable behavior. The process for identifying such shared values will invite and include the participation of Board of Trustees members, School administrators, staff, parents, students, and the community. Core values will be reviewed periodically, with opportunity for public participation. The Board of Trustees will direct the Executive Director or designee to develop a process to assess School progress toward achievement of an ethical and responsible School culture.

Following the identification of core values, the Board of Trustees, with input from administrators, staff, parents, students, and members of the community, will adopt a Student Code of Conduct consistent with statewide standards for student behavior1 36 that shall, as required by law:


The statewide standards are the “core values” identified in the report of the Commission for Ethical and Responsible Student Behavior, Taking Responsibility: Standards for Ethical and Responsible Behavior in Maine Schools and Communities. The core values are: Respect, Honesty, Compassion, Fairness, Responsibility and Courage. The Code of Conduct must be “consistent with,” not identical to, the statewide standards developed under 20 M.R.S.A. § 254(11). This provides an opportunity for communities to identify their own core values and articulate what they “look like” when applied to behavior. The core values serve as a basis for School system expectations for student conduct.

    1. Define unacceptable student behavior;
    2. Establish standards of student responsibility for behavior;
    3. Prescribe consequences for violation of the Student Code of Conduct, including first-time violations, when appropriate;
    4. Describe appropriate procedures for referring students in need of special services to those services;
    5. Establish criteria to determine when further assessment of a current Individual Education Plan (IEP) is necessary, based on removal of the student from class;
    6. 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, when appropriate; and
    7. Establish guidelines and criteria concerning the appropriate circumstances when the Executive Director may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence or criminal activity committed by any person on School grounds or other School property.
    8. The Student Code of Conduct will be reviewed periodically by the Board of Trustees, with input from administrators, staff, parents, students, and members from the community. Students, parents, staff, and the community will be informed of the Student Code of Conduct through handbooks and/or other means selected by the Executive Director.

ETHICS AND CURRICULUM

The Board of Trustees encourages integration of ethics into content areas of the curriculum, as appropriate. The Board of Trustees also encourages School administrators and staff to provide students with meaningful opportunities to apply values and ethical and responsible behavior through activities such as problem solving, service learning, peer mediation, and student government/leadership development.

Legal Reference:

              • 20-A MRSA §§254, 1001(15)
  • Implemented: October 3, 2013
  • 1st Reading: December 7, 2013
  • Revised from September 11, 2010
  • 2nd Reading: March 15, 2014

ADC - Tobacco Use and Possession

CODE: ADC

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

TOBACCO USE AND POSSESSION

In order to promote the health, welfare, and safety of students, staff, and visitors and to promote the cleanliness of MSSM facilities, the Board of Trustees prohibits smoking and all other use of tobacco products in School buildings and other School facilities, on School buses, and on School grounds at all times by all persons.

In addition, students are further prohibited from possessing, selling, distributing or dispensing tobacco products in School buildings, facilities, on School grounds, and buses during School-sponsored events and at all other times.

Employees and all other persons are also strictly prohibited, under law and Board of Trustees policy, from selling, distributing or in any way dispensing tobacco products to students.

Legal Reference:

              • 22 MRSA §§ 1578(B), 1580(A)(3)
              • Me. PL 470 (An Act to Reduce Tobacco Use By Minors)
              • 20 USC 6081-6084 (Pro-Children Act of 1994)
  • 1st Reading: September 11, 2010
  • Adopted: May 27, 2011

ADC-R - Tobacco Use and Possession Administrative Procedure

CODE: ADC-R

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

TOBACCO USE AND POSSESSION ADMINISTRATIVE PROCEDURE

The purpose of the following administrative procedure is to effectuate the mandates imposed by the various federal and state laws in addition to this Board of Trustees’ "Tobacco Use and Possession” policy.

  1. PROHIBITED CONDUCT
    1. Students: The use, possession, sale, dispensing or distribution of tobacco products by all students is prohibited in School buildings and facilities, during School sponsored events, on School grounds and buses, and at all other times.
    2. Employees and All Other Persons: The use of tobacco products by employees and all other persons is prohibited in School buildings, facilities and on School buses during School-sponsored events and at all other times on School grounds. In addition, employees and all other persons are strictly prohibited, under law and Board of Trustees policy/administrative procedure, from selling, dispensing or distributing tobacco products to students.
  2. ENFORCEMENT

In order to enforce the tobacco products policy, the following guidelines shall be utilized by the administrators of a School in which prohibited conduct occurs. The administrator shall report any violations of this policy/procedure, as promptly as practicable, to the Superintendent.

      1. Student Violations: The Superintendent shall develop age-appropriate disciplinary guidelines for students violating this policy/administrative procedure, which shall be attached to this administrative procedure.
      2. Student Referral to Law Enforcement Agency: The superintendent or his/her designee reserves the right to refer students to a law enforcement agency, on a case-by-case basis, as he/she may deem necessary. However, the superintendent/designee shall refer to a law enforcement agency any student reasonably suspected of selling, dispensing or distributing tobacco products.
      3. Other Persons in Violation: All other persons violating this policy, e.g., employees, visitors, shall be immediately directed to cease the violative behavior. In addition, all persons suspected of selling, distributing or in any way dispensing tobacco products to students shall be referred to a law enforcement agency. Any employee violating this policy shall be subject to appropriate disciplinary measures.

III. NOTICES

This Board of Trustees’ policy and corresponding disciplinary actions for infractions of this policy shall be printed in employee and student handbooks. Parents/guardians shall also be sent notification in writing of this Board of Trustees’ tobacco policy and administrative procedures. Notices shall be signed by parents/legal guardians and returned to the School where they shall be kept on file by the School.

Legal References:

              • 20 USC § 6081-6084 (Pro-Children Act of 1994)
              • 22 MRSA § 1578-B
              • Me. PL 470 (An Act to Reduce Tobacco Use By Minors)
  • 1st Reading: September 11, 2010
  • Adopted: May 27, 2011

Section B: Board Governance & Operations

BBA - Board of Trustees Powers and Responsibilities

CODE: BBA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

BOARD OF TRUSTEES POWERS AND RESPONSIBILITIES

The Board of Trustees shall have general charge of Maine School of Science and Mathematics (MSSM) and shall exercise such other responsibilities as specifically provided by law.

The Board shall concern itself primarily with broad questions of policy rather than with administrative details. The application of policies is an administrative task to be performed by the Superintendent and his/her staff, who shall be held responsible for the effective administration and supervision of the School.

The Board, functioning within the framework of laws, court decisions, attorney generals’ opinions, and similar mandates from the state and national levels of government, and recognizing the authority of the state, fulfills its mission as the governing body of a political subdivision by acting as follows in the execution of its duties:

        1. Enacts policy;
        2. Selects, employs and evaluates the Superintendent;
        3. Provides for the planning, expansion, improvement, financing, construction, and maintenance of the physical plant of the School;
        4. Prescribes the minimum standards needed for the efficient operation and improvement of the School;
        5. Requires the establishment and maintenance of records, accounts, archives, management methods, and procedures incidental to the conduct of School business;
        6. Approves the budget, financial reports, audits, major expenditures, payment of obligations, and policies whereby the administration may formulate procedures, regulations, and other guides for the orderly accomplishment of business;
        7. Estimates the funds necessary for the operation, support, maintenance, and improvement of the School;
        8. Adopts courses of study;
        9. Provides staff and instructional aids;
        10. Evaluates the educational program to determine the effectiveness with which the School is achieving its educational purposes;
        11. Provides for the dissemination of information relating to the School necessary for creating a well-informed public; and
        12. Determines compensation and working conditions of all staff.

Legal Reference:

              • 20-A MRSA § 1001
              • 20-A MRSA § 1476 (RSU)
              • 20-A MRSA § 8201 et seq.
  • Implementation Date: March 16, 2012
  • 1st Reading: March 17, 2012
  • Adopted: September 8, 2012

BBAB - School Board Self Evaluation

CODE BBAB

Maine School of Science and Mathematics

(MSSM)

SCHOOL BOARD SELF-EVALUATION

The Board is accountable to the citizens of Maine for the education of its children and the stewardship of the School resources. The Board recognizes that in order to be most effective in its governance role, it should continuously monitor and evaluate its own performance, processes, and practices. The Board believes that periodic self-evaluation is essential to improved leadership, support of student achievement, and the attainment of the School vision and goals.

The Board will annually conduct a self-evaluation at a scheduled time and place. The Board encourages all of its members to attend. No other Board business will be taken up at this session. Consistent with the Freedom of Access Act, the Board’s self-evaluation will be held in open session. The Executive Director is expected to participate in the process.

During self-evaluation, the Board will evaluate itself as a whole. The self-evaluation should emphasize areas of strength as well as those identified for improvement. Board members are encouraged to use the evaluation process as an opportunity to assess their own personal performance.

The Board will determine the areas of competence and/or Board responsibilities and relationships that will be used as the basis for the self-evaluation. The Board will select an evaluation method or instrument that will include a reasonable number of criteria or performance indicators by which to appraise the Board’s functioning and effectiveness. The Board may also identify specific topics for discussion that are related to its meeting processes, communications, Board-Executive Director relations, and “boardsmanship” skills.

The Board may seek the assistance of the Executive Director in identifying standards for assessment and topics for discussion and/or in selecting an evaluation method or instrument that meets its needs.

If a self-evaluation instrument/form is used, a composite profile of responses may be tabulated to provide a more detailed analysis of Board performance. As no single instrument or form may encompass all of the Board’s responsibility or sufficiently address the relationship between responsibilities, the Board need not limit itself to those items that appear on the instrument or form, but should use it as means of structuring and stimulating Board discussion.

A different method or instrument may be used from year to year, but must be agreed upon by a majority of the Board.

The areas of Board responsibility and relationships that may be appropriate to consider during the self-evaluation may include but are not limited to:

      1. The Board “visioning,” strategic planning, and long-range planning skills and processes;
      2. The Board’s meeting management, conduct, and decision-making processes;
      3. Policy development and implementation;
      4. Fiscal oversight and resource allocation;
      5. Oversight of curriculum and instruction;
      6. Monitoring of student achievement;
      7. Board subcommittee structure, responsibilities, and processes;
      8. Board member development;
      9. New Board member orientation;
      10. Board- Executive Director relations;
      11. Board- constituent relations and communications;
      12. Board relations with the media;
      13. Board legislative involvement and advocacy; and
      14. Board-Foundation relations and communications.

Following a discussion of the evaluation results the Board will establish priorities and objectives for the following year’s self-evaluation. The Board may, as desired, schedule interim self-evaluation sessions to assess progress toward achieving identified priorities and objectives.

  • Implemented: October 24, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

BCA - Board Member Code of Ethics

CODE: BCA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

BOARD MEMBER CODE OF ETHICS

Having accepted the challenge of service on this Board, I accept the principles set forth in the following code of ethics to guide me in providing education to all the participants of MSSM's programs.

        1. I will view service on the Board as an opportunity to serve my community, state, and nation because I believe public education is the best means to promote the welfare of our people and to preserve our democratic way of life.
        2. I will at all times think of students first and base my decisions on how they will affect students, their education, and their training.
        3. I will make no disparaging remarks, in or out of the Board meetings, about other members of the Board or their opinions.
        4. I will remember at all times that as an individual I have no legal authority outside the meetings of the Board, and that I will conduct my relationship with MSSM staff, my constituents, and all media of communications on the basis of this fact.
        5. I will recognize that my responsibility is not to operate MSSM but to see that it is well-operated.
        6. I will seek to provide education for all students at MSSM commensurate with their needs and abilities.
        7. I will listen to all constituents but will refer all complaints to the proper authorities, and will discuss such complaints only at a regular meeting after failure of administrative solution.
        8. I will support a decision made by the majority of the Board graciously.
        9. I will not criticize employees publicly, but will make such criticism to the Executive Director for investigation and action, if necessary.
        10. I will make decisions openly after all facts bearing on a question have been presented and discussed.
        11. I will refuse to make promises as to how I will vote on a matter that should properly come before the Board as a whole.
        12. I will not discuss the confidential business of the Board in my home, on the street, or in my office; the place for such discussion being the Board meeting.
        13. I will confine my Board action to those duties and powers listed in Title 20-A §8205 save those delegated by the Board to the administration, leaving the administration of MSSM to the Executive Director.
        14. I will welcome and encourage cooperation and participation by teachers, administrators, and other personnel in developing policies that affect their welfare and that of the students they serve.
        15. I will endeavor at all times to see that MSSM has adequate financial support within the capabilities of the community and State, in order that every student may receive the best possible education.
        16. I will resist every temptation and outside pressure to use my position as a Board member to benefit myself or any individual or agency apart from the total interest of MSSM.
        17. I will endeavor to attend every regular and special Board meeting recognizing that my presence means representation for my constituents. If I find that this is not possible for an extended length of time, I will give consideration to resigning from my position on the Board.
        18. I will recognize at all times that the Board of which I am a member is an agent of the State, and as such, I will abide by the Constitution and laws of the State.
  • Implementation: October 24, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

BCB - Conflict of Interest

CODE: BCB

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

CONFLICT OF INTEREST

Board service is a matter of public trust. In making decisions that affect the Maine School of Science and Mathematics, Board members have the duty to act in the interest of the common good and for the benefit of the people they represent.

A conflict of interest may arise when there is an incompatibility between a Board member’s personal or professional interest and his/her responsibilities as an elected or appointed official in a matter proposed or pending before the Board. Board members have a legal and ethical responsibility to avoid not only conflict of interest, but the appearance of conflict of interest as well.

Financial Interest

A Board member has a financial interest in a question or contract under consideration when he/she or a member of his/her immediate family may derive some financial or other material benefit or loss as a result of the Board action. Or, a Board member is an owner, executive, or board member of a business or entity which may derive some financial or other gain, benefit, or loss as a result of Board action. The vote of the Board is voidable if a Board member has a financial interest and votes on that question or is involved in the discussion, negotiation, or award of a contract or other action in which he/she has a financial interest.

In order to prevent the vote on a question or contract from being voidable, a Board member who has a financial interest must:

        1. Make full disclosure of his/her interest before any action is taken; and
        2. Abstain from voting, from the negotiation or award of the contract, and from otherwise attempting to influence the decision.

The Secretary of the Board shall record in the minutes of the meeting the member’s disclosure and abstention from taking part in the decision in which he/she has an interest.


It is not the intent of this policy to prevent a Board member from voting or the School from contracting with a business because a Board member is an employee of that business or has another, indirect interest but is designed to prevent the placing of Board members in a position where their interest in the School and their interest in their places of employment may conflict and to avoid appearances of conflict of interest.

Appearance of Conflict of Interest

A Board member should do nothing to give the impression that his/her position or vote on an issue is influenced by anything other than a fair consideration of all sides of a question.

Board members shall attempt to avoid the appearance of conflict of interest by disclosure and/or by abstention.

Appointment to Office and Other Employment

A voting member of the Board may not, during the time the member serves on the Board and for one year after the member ceases to serve on the Board, be appointed to any civil office of profit or employment position which has been created or the compensation of which has been increased by action of the Board during the time the member served on the Board.

Employment

A voting member of the Board or spouse of a voting member may not be an employee of the School.

Board Members as Volunteers

A voting member of the Board, or spouse of a voting member, may not serve as a volunteer when that volunteer has primary responsibility for a curricular, co-curricular or extracurricular program or activity and reports directly to the Executive Director or other school administrator in the School.

Volunteer activities of a member of the Board or member’s spouse other than in roles that are prohibited by this section may be prescribed by policies developed and approved by the Board.

Definitions

For the purposes of this policy, the following statutory definitions apply:

      1. “Employee” means a person who receives monetary payment or benefits, no matter the amount paid or hours worked, for personal services performed for the School.
      2. “Volunteer” means a person who performs personal services for the School without monetary payments or benefits of any kind or amount.

Legal Reference:

              • 20-A M.R.S.A. § 1002-1004
              • 20-A M.R.S.A. § 1315 (SADS’s)
              • 30-A M.R.S.A. § 2604-2606
              • 20-A M.R.S.A. § 8204
              • Cross Reference: BCA-Board Member Code of Ethics
  • Implementation: October 24, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

BCC - Nepotism

CODE: BCC

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

NEPOTISM

Employment

It shall be the policy of the Maine School of Science and Mathematics Board not to employ as School staff any person who is a member of the immediate family of a Board member or of the Superintendent. Immediate family of Board members or the Superintendent who are employed by the School on the date of adoption of this policy are not affected by this paragraph.

By Maine law (20-A M.R.S.A. § 1002(2)), a Board member’s spouse is precluded from employment under any circumstances in any public School within the jurisdiction of the Board to which the member is elected.

Supervision and Evaluation

No person shall be employed in or assigned to a position that is within the administrative supervision of a member of his/her immediate family, nor in a position in which he/she is supervised or evaluated, in whole or in part, by a member of his/her immediate family.

Exceptions

In extraordinary circumstances, the Board may approve an exception to the prohibitions on the employment of immediate family so long as the candidate is qualified for the position to which he/she has applied, the hiring is in the best interest of the School and its students, and the candidate is not the spouse of a Board member.

Volunteers

Under Maine law (20-A M.R.S.A. § 1002(2-A)), a board member’s spouse may not serve as a volunteer when that volunteer has primary responsibility for a curricular, co-curricular, or extracurricular program or activity and reports directly to the Superintendent, Principal, Athletic Director, or other School administrator within the jurisdiction of the Board.

Definitions

For the purpose of this policy:

        1. “Immediate family” means spouse, brother, sister, parent, son, or daughter.
        2. “Administrative supervision” refers to the authority of a person in the position of Director or higher.

Legal Reference:

              • 20-A M.R.S.A. § 1002
              • Cross Reference: BCB - Board Member Conflict of Interest
  • Implemented: March 16, 2012
  • 1 st Reading: March 17, 2012
  • Adopted: September 8, 2012

BG - Board Policy

Code: BG

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

BOARD POLICY

The Board of Trustees considers policy development its most important governance function.

It is the intent of the Board to develop written policies that will serve as the foundation for the successful and efficient operation of the School.

The Board’s policies are framed and meant to be interpreted in terms of federal laws and regulations, state statutes, and other regulatory agencies at various levels of government. The Board’s policies are also intended to reflect the School’s educational philosophy and instructional objectives, practices, and procedures.

It is the Board’s intent that its policies set goals and provide direction and guidance for administrators, staff, and students and serve as sources of information for parents, community members, and others who are interested in or connected with the School.

The Board regards policy development and review as an ongoing process. The need for a new policy, or revision or deletion of an existing policy may arise from a change in law and/or regulations, or modification of MSSM’s vision or goals.

Policies shall become effective upon implementation by the Executive Director until the Board acts to adopt or modify the policy.

Policies will be developed and implemented by the Executive Director and turned over to the Governance Committee for presentation to the Trustees for adoption. Adoption of new or revised policies and repeal of existing policies is solely the responsibility of the Board. Policies will be adopted, amended, or repealed only by the affirmative vote of a majority of members present and voting.

The Executive Director /designee will be responsible for developing and for distributing new or revised polices to Board members and for making policies accessible to School personnel, students, and the public.

Legal Reference:

              • 20-A MRSA §1001 (1)(A)
              • Cross Reference: BEDF – Voting Procedure
              • BG-R – Policy Adoption Procedure
  • Implementation date:
  • 1st Reading: March 16, 2013
  • Adopted: May 24, 2013

BG-R - Policy Adoption Process

Code: BG-R

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

POLICY ADOPTION PROCESS

The MSSM Board of Trustees shall use the following procedure to adopt, review, revise, or rescind Board policies:

  1. The Executive Director is charged with reviewing and recommending all new policies and policy changes to be considered by the Board.
      1. Individual Board members, Board subcommittees, and members of the public may submit policy suggestions and concerns directly to the Executive Director. MSSM employees should follow any and all applicable administrative procedures for submitting policy suggestions.
      2. The Executive Director will be responsible for reviewing and researching suggestions for new policies and policy changes.
      3. The Executive Director shall draft policies.
      4. At an appropriate stage in the process, the Executive Director, on behalf of the Board, shall notify the staff, faculty, and students of an impending policy implementation. Following notification, (s)he shall implement the proposed policy and refer it to the Board’s Governance committee for formal adoption and/or modification. Once implemented, the policy shall remain in effect until the Board acts to adopt or modify the policy. [Note: the Executive Director may modify any policy before the Board’s first reading. Any policy passing the first reading by the Board may only be modified by the Board.]
      5. The Governance Committee will make reports to the Board regarding its activities and the status of policy development.
  2. Upon recommendation by the Governance Committee, the first reading of a new policy, or revision or deletion of a policy shall be placed on the agenda of a regular Board meeting. Board members shall receive the policy, supporting material if appropriate, and any written recommendations in advance of the meeting date.
  3. The Governance Committee Chair shall read and explain the proposed policy or policy change. The Board may discuss the substance of the policy proposal and a vote shall be held to acknowledge the first reading of the policy. Any changes to the policy agreed to by consensus or by vote on a motion to amend shall be made prior to the second reading.
  4. At a subsequent regular meeting, the policy shall be placed on the agenda for second reading and action. Amendments may be introduced and acted upon. If a main motion to approve the policy is not passed at such a meeting by a majority vote of Board members present and voting, the process for that policy is ended unless the Board, by vote, takes action to table further consideration of the policy or otherwise dispose of the policy (e.g., refer it back to the Executive Director for further research.)
  5. The Executive Director will be responsible for making new and revised policies available to board members, MSSM personnel, students, and the public by posting to the MSSM website and/or other appropriate means as soon as practicable following adoption.

Legal Reference:

              • 26 MRSA § 965(1) (C)
              • Cross Reference: BG - School Board Policy
  • Implemented:
  • 1st Reading: March 16, 2013
  • Adopted: May 24, 2013

BIA - New Board Member Orientation

CODE: BIA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

NEW BOARD MEMBER ORIENTATION

In order that newly elected/appointed Board members may cast informed votes and function effectively as board members, the Board and Superintendent will extend to them the fullest measures of courtesy and cooperation, and will make every reasonable effort to assist newly elected/appointed Board members in understanding the Board’s functions, policies, procedures and current issues.

  1. In the interim between a new member’s election or appointment and his/her assuming office, the Board, through the Superintendent, will invite newly elected/appointed members to attend meetings, except those held in executive session, and provide newly elected/appointed members with agenda, minutes and reports applicable to those meetings. During the time between election or appointment and the assumption of office, the status of the future-member remains that of a private citizen and not that of an elected or appointed official.
  2. The Board, through the Superintendent, will provide new members with copies of appropriate publications, such as the Board policy manual, student handbook(s), collective bargaining agreements, and current budget documents.
  3. The Board Chair will remind Board members of their obligation to complete, not later than the 120th day after the date of taking the oath of office, training on the requirements of Maine’s Freedom of Access Law. The Chair will provide Board members with information regarding available training options. Each Board member shall attest by means of a written or electronic record that he/she has completed the training and provide a copy of such record to the Superintendent’s Office. To facilitate documentation of training, the Superintendent will make available to Board members copies of the State’s sample Certification of Completion of Freedom of Access Training form. This training is required after each reelection or re-appointment.
  4. The Board will encourage new members to attend appropriate orientation and/or boardsmanship workshops. Reimbursement for such activities must be approved in advance by the Board Chair, in consultation with the Superintendent, and is subject to the availability of funds.
  5. The Chair and Superintendent will schedule and arrange for an orientation session for new Board members as soon as practicable after election or appointment. A reasonable amount of time will be provided for discussion of:
        1. The roles and responsibilities of the Board and individual members;
        2. Basic operational procedures of the Board;
        3. Placement of items on the agenda;
        4. The role of committees, subcommittees and advisory committees;
        5. How and why executive sessions may be held;
        6. What is considered confidential or privileged information;
        7. Appropriate responses of an individual member when a request or complaint is made directly to him/her by a student, parent or member of the community;
        8. How the Board responds to complaints involving personnel;
        9. General information about the School and its resources;
        10. How Board members, in fulfilling their duties, may request information concerning the School’s operations, finances and personnel;
        11. How Board members may make arrangements to visit the School and the protocol for such visits;
        12. Protocol for dealing with the media; and
        13. Other relevant topics. All Board members will be invited to the orientation session and encouraged to attend. The orientation is intended to serve as a useful review of basic boardsmanship concepts for experienced members, as well as an opportunity to provide information and counsel to new Board members.

Legal Reference:

              • 1 M.R.S.A. § 412
              • Cross Reference: BIC – Board Member Freedom of Access Law Training
  • Implementation: March 16, 2012
  • 1st Reading: March 17, 2012
  • Adopted: September 8, 2012

Section C: General School Administration

Section D: Fiscal Management

DA - Fiscal Management Goals Priority Objectives

DB - Annual Budget

DBG - Budget Adoption Process

CODE: DBG

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

BUDGET ADOPTION PROCESS

Adoption of the annual budget is to be accomplished prior to June 30 for the fiscal year beginning July 1.

The proposed budget shall include, in addition to operating expenses and expected income for the ensuing year, the sums required for meeting bonds falling due, interest on the bonds and on other obligations, rentals and other fixed charges. The proposed budget shall be thoroughly explained and the public shall be given an opportunity to be heard. Only those amounts pertaining to operating expenses, reserve or contingency funds, or capital outlay expenditures shall be subject to change by the Legislature.

Legal Reference:

              • 20-A MRSA §§ 1304 et seq., 15617 et seq.
  • Implementation: March 16, 2012
  • 1st Reading: March 17, 2012
  • Adopted: September 8, 2012

DD - Grants

NEPN/NSBA Code: DD

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

GRANTS

The Board of Trustees encourages the Executive Director to pursue federal, state, foundation, corporate and other grants for the support of the School and the enhancement of educational opportunities. The Executive Director is expected to be alert to potential sources of grant funding and to make recommendations for Board action. All grant applications or proposals, except for applications to the MSSM Foundation, must be approved by the Board prior to submission to the funding agency.

It is the policy of the Board to comply with all federal, state, and foundation requirements that may be a condition of receipt of grant funds.

When a grant application or proposal is presented to the Board for its approval, the Executive Director/designee will advise the Board as to whether additional staff will be needed to support the implementation of the grant and to maintain records that may be required by the granting entity; the availability of resources if matching funds are required; whether additional resources will be needed for continuation of the program when the grant expires; and measures that will be used to evaluate whether the objectives of the grant are being achieved.

All grant funds received will be deposited into School accounts. Applicable federal and state regulations, Board policies, and School administrative procedures regarding purchasing, contracting, expenditures, and accounting will be followed in the administration and monitoring of grant funds. Staff positions created through grant funding will be filled pursuant to Board policy.

The Executive Director/designee may establish additional procedures for grant applicants, coordination of grant proposals, and for oversight and administration of grants received.

The Executive Director/designee will keep accurate records of all grant expenditures and will report annually on all grants received.

MSSM Foundation Grants

All grant applications submitted to the MSSM Foundation by MSSM employees must be approved and signed by MSSM’s Executive Director or his/her designee.

All grant applications submitted on behalf of MSSM or any of its employees to organizations other than the MSSM Foundation must be approved by MSSM’s Executive Director or his/her designee. Completed applications must be submitted to the Executive Director at least fifteen business days prior to the application deadline in order to give the Executive Director or his/her designee time to review and approve the application.

All grant applications submitted on behalf of the MSSM Foundation must be approved by the MSSM Foundation’s President and/or CEO or his/her designee. Completed applications must be submitted to the President and/or CEO at least fifteen business days prior to the application deadline in order to give him/her time to review and approve the application. Teacher Classroom Grants (“mini-grants”)

Individual teachers may investigate eligibility requirements for foundation, corporate, and other grants that will benefit a single classroom. The Executive Director is authorized to approve applications/proposals for such “mini-grants” as long as they do not exceed $5,000, require matching or non-budgeted funds, or impose a continuing obligation.

All mini-grants/classroom grant funds will be deposited into School accounts In the Business Office.

Awards of mini-grants/classroom grants will be reported to the Executive Director. The Executive Director will report such awards to the Board of Trustees.

Cross Reference:

              • KCD - Public Gifts/Donations to the Schools
  • Implementation date:
  • 1st Reading: March 16, 2013
  • Adopted: May 24, 2013


DFA - Revenues from Investments

NEPN/NSBA Code: DFA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

REVENUES FROM INVESTMENTS

The School considers an investment program a critical ingredient of sound fiscal management. The Board of Trustees authorizes an investment program for the purpose of securing a maximum yield of interest revenues to supplement other revenues for the support of the School’s educational program.

The investment program will be administered in a way that will ensure:

        1. The continuous process of temporary investing of all fund balances and moneys available for investment purposes;
        2. The maintenance (revised following each cash transaction) of a yearly cash flow chart that will provide data to assist proper planning and decision making regarding amount, duration and type of investments;
        3. The use of an open competition system of bids and/or quotes to obtain the maximum yield possible on all investments from both local community and beyond-community financial institutions;
        4. That all vendors using School funds provide statements to the School of their collateral in the form of a list of the securities pledged at market value; and
        5. That all School investments will be in compliance with the law.

Delegation of Authority

The School authorizes the School's Chief Operating Officer and Superintendent to manage all activities associated with the investment program in such manner as to accomplish the objectives of this policy. Their responsibilities will also include annual review and assessment of the School’s investment program and filing a report and recommendations annually with the Board. The School's Chief Operating Officer or his/her designee is further authorized to execute in the Board’s name any and all documents relating to the investment program in a timely manner and to confer with reputable consultants regarding investment decisions when necessary.

A quarterly progress report of investments will be made to the Board.

Legal Reference:

              • 20-A MRSA § 1312 (SAD)
              • 20-A MRSA § 1491 (RSU)
  • Implementation: March 16, 2012
  • 1st Reading: March 17, 2012
  • Adopted: September 8, 2012

DFF - Student Activities Funds

CODE: DFF

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

STUDENT ACTIVITIES FUNDS

Revenues collected from admissions to School entertainment events, profits from School stores, club and class dues, and student organization fundraising activities shall be deposited and accounted for in a student activities fund maintained by the School. Within this fund, separate accounts will be maintained for each organization for accounting purposes. These revenues will be considered School funds under the direct control of the Chief Operating Officer, who may develop and implement procedures relative to these funds and delegate specific responsibility for deposits, expenditures, and record keeping to the appropriate staff. Procedures for management of student activities funds shall be consistent with sound business and accounting practices.

Funds raised by approved student clubs or organizations or from classes shall be expended to benefit the specific club or organization or class. Student activity funds are to be used only for student activities that augment the School’s programs; they shall not replace funding for School programs and activities. All expenditures from student activities funds must be approved in advance by the activity advisor or the Chief Operating Officer.

Student activity funds for clubs which have become defunct will be transferred to the Student Activity Seed fund in the School year following the club’s demise. These funds may be appropriated by the Executive Director for seed funds for new clubs or activities or other purposes consistent with this policy.

Student activity funds are part of the total fiscal operation of the School and shall be audited as part of the annual audit.

Cross Reference:

              • DI-Fiscal Accounting and Reporting
              • JJE-Student Fundraising Activities
  • Implemented: January 23, 2014
  • 1st Reading: March 15, 2014
  • Revised from May 27, 2011
  • 2nd Reading: May 23, 2014

DI - Fiscal Accounting and Reporting

CODE: DI

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

FISCAL ACCOUNTING AND REPORTING

The Executive Director shall be ultimately responsible for properly accounting for all funds of the School.

The accounting used shall be in accordance with requirements of the Maine Department of Education and with sound accounting practices, providing for the appropriate separation of accounts, funds, and special monies.

The Board of Trustees' Finance Committee shall receive monthly financial statements from the Executive Director showing the financial condition of the School.

It shall be the duty of the Executive Director/designee to direct and supervise the preparation of monthly and annual reports to the Board; to advise other administrators periodically of expenditures related to budget appropriations; to prepare financial reports required by the Maine Department of Education or other agencies with jurisdiction; and, to comply with requests for financial data in compliance with Maine’s Freedom of Access Act.

Legal Reference:

              • 20-A MRSA §1055
              • Maine FOAA (1 MRSA §400 et seq.)
  • Implemented: January 23rd, 2014
  • 1st Reading: March 15, 2014
  • 2nd Reading: May 23, 2014

DID - Inventories

NEPN/NSBA Code: DID

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

INVENTORIES

Inventory of property and equipment shall be taken on an annual basis. The inventory system shall serve the functions of control and conservation.

Responsibility for this shall be with the Superintendent/designee, to whom Administrators and department heads shall be accountable for the maintenance of proper inventories of their property and equipment.

  • Implementation: March 16, 2012
  • 1st Reading: March 17, 2012
  • Adopted: September 8, 2012

DIDA - Fixed Assets

NEPN/NSBA Code: DIDA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

FIXED ASSETS

This policy establishes the minimum cost value (capitalization amount) that shall be used to determine the capital assets, including infrastructure assets, that are to be recorded in Maine School of Science and Mathematics’ (MSSM) annual financial statements in order to comply with the requirements of GASB Statement No. 34.

The policy also addresses other considerations for recording and depreciating fixed assets in order to comply with the provisions of GASB Statement No. 34.

  1. Capital Asset Definition: Capital assets will be defined as tangible and intangible assets that have initial useful lives that extend beyond a single reporting period.
  2. Capitalization Method: All capital assets will be recorded at historical costs as of the date acquired or constructed. If historical cost information is not available, assets will be recorded at estimated historical cost by calculating current replacement cost and deflating the cost using the appropriate price-level index.
  3. Capitalization Thresholds: MSSM establishes the following minimum capitalization thresholds for capitalizing fixed assets:
        1. Land and Improvements $5,000
        2. Buildings and Improvements 5,000
        3. Machinery/Equipment/Vehicles 5,000
        4. Infrastructure 5,000

Detailed records shall be maintained for all fixed assets above the established thresholds.

  1. Infrastructure Assets: In accordance with GASB Statement 34 MSSM will record, at a minimum, “major” infrastructure asset as defined in Statement 34 that were acquired, constructed, or significantly reconstructed, or that received significant improvements after June 30, 1980. Other infrastructure asset may be capitalized as deemed appropriate. MSSM does not intend to use the “modified approach” to record infrastructure.
  2. Other Assets: Detailed records shall be maintained at the discretion of the Superintendent for all items below the capitalization thresholds that should be safeguarded from loss. These items will be part of the annual physical inventory discussed below. These items include computer equipment that falls below the established thresholds and any other assets specified by the Superintendent.
  3. Depreciation and Useful Life: The School business executive will assign an estimated useful life to all assets for the purposes of recording depreciation. The Association of School Business Officials’ “Useful Lives” schedule will be used to establish lives for most assets. Asset lives will be adjusted as necessary depending on the present condition and use of the asset and based on how long the asset is expected to meet current service demands. Adjustments should be properly documented. Depreciation will be recorded based on the straight line method using actual month convention and depreciated down to the assets salvage value.
  4. Safeguarding and Controlling Fixed Assets: All machinery and equipment, vehicles, and furniture will be assigned an asset number and identified with a fixed asset tag. As fixed assets are purchased or disposed of, the administrator in custody of that asset will be responsible for preparing a fixed asset data sheet, which will then be forwarded to the School business executive to ensure proper recording. A physical inventory will be taken annually on or about June 30 and compared to the physical inventory records. The results will be forwarded to the School business executive where appropriate adjustments will be made to the fixed asset records.
  • Implementation: March 16, 2012
  • 1st Reading: March 17, 2012
  • Adopted: September 8, 2012

DIE - Audits and Financial Monitoring

CODE: DIE

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

AUDITS/FINANCIAL MONITORING

The School’s books shall be audited annually by the Maine Department of Audit or by an outside auditor approved by the Board’s Audit Committee, based on the July 1 to June 30 fiscal year. The Superintendent/designee shall be responsible for working with the Audit Committee in their conduct of annual or other audits as required.

Legal Reference:

              • 20-A MRSA § 6051 et seq.
  • Implementation Date: March 16, 2012
  • 1st Reading: March 17, 2012
  • Adopted: September 8, 2012

DJ - Bidding and Purchasing Requirements

CODE: DJ

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

BIDDING/PURCHASING REQUIREMENTS

The School Board of Trustees expects all purchases made by the School unit to be consistent with applicable laws and sound business practices. The Superintendent shall be responsible for developing and implementing administrative procedures for bidding and purchasing consistent with this policy.

This policy is intended solely as an internal guide to purchasing by the School unit. It does not afford any vendor any property or contractual rights against the School unit. No vendor shall have any enforceable rights against the School unit based upon this policy or alleged violations of this policy. No vendor shall have any rights against the School unit until such time as a written contract between the vendor and the School unit is executed by the vendor and an authorized representative of the School unit.

  1. Bidding Required by Law: Maine law requires the Board to competitively bid property and casualty insurance; School bus and transportation contracts in excess of $4,000; School building construction, alterations and repairs over $25,000 (except contracts for professional architectural and engineering services); and bond anticipation notes for state-subsidized School construction projects.
  2. Competitive Bidding of Other Purchases: Where bidding is not required by law, it shall be the policy of the School unit to competitively bid purchases of equipment, supplies, materials or services over $10,000 provided that it is practical and cost-effective to specify the materials or services with sufficient particularity to allow meaningful comparison of bids. If competitive bidding is not utilized, the Superintendent may seek Requests for Proposals (RFP) for purchases over $10,000. An RFP identifies the need the School unit intends to meet, but permits the vendor to propose the manner in which the work is to be performed and the materials to be used. The Superintendent may forego the competitive bid or RFP process only when he/she determines that quality, expertise, time factors, or other important considerations outweigh the possible benefits of bidding or requesting proposals. In each such case, the Board shall be informed of the Superintendent’s decision and the reasons for it in advance of entering into a contract.
  3. Procedures for Bidding and Requesting Proposals: The method of notification that the School unit uses to solicit bids and proposals shall be reasonably designed to attract qualified vendors. Depending upon the circumstances, such notification may include public advertising and/or mailing of notices to potential vendors.

Bid Procedures

  1. The notification shall specify the deadline for submitting bids and the time and place of bid opening. Bid alternates shall be permitted at the discretion of the Superintendent. The notice shall reserve the right of the School unit to reject any or all bids, and to waive technical or immaterial non-conformities in bids if in the best interest of the School unit, and to exercise judgment in evaluating bids.
  2. Written bids. Bids shall be in writing, sealed with outside envelope or wrapper plainly marked “Bid, not to be opened until (insert appropriate date),” and mailed or filed with the Superintendent of the unit.
  3. Time of opening. A School Board member or employee of the School unit may not open a bid until the appointed time.
  4. Public opening. At the time and place stated in the public notice, and open to the public, all bids shall be opened by the Superintendent or, in the Superintendent’s absence or disability, by any School Board member designated for the purpose by the Chair of the School Board.
  5. Reading. If any citizens who are not School Board members or employees of the School unit or if any representatives of the press are present, bids shall, at that time, either be made available for examination by them or shall be read aloud in a manner to be heard plainly by those in attendance.
  6. In general, the School Board will award contracts to the lowest bidder which the Superintendent and School the Board deem can satisfactorily fulfill the contract.

RFP Procedures

  1. Proposals should be submitted in plain envelopes clearly marked “Proposal, not to be opened until (state time and date).” The RFP shall state the time and date that proposals shall be opened, and no proposals shall be opened before that time. Public opening is not required.
  2. Proposals are to be evaluated based on criteria appropriate for the project in question, and the contract will be awarded to the vendor whom the Superintendent and School Board deems best able to meet the requirements of the School unit.

Legal Reference:

              • 5 MRSA § 1743-A (ALL)
              • 20-A MRSA §§ 1001(14), 5401(13)(D); 5402 (ALL)
              • 20-A MRSA § 1314 (MSAD)
              • § 13 c (Maine State Board of Education Rules for School
              • Construction Projects) (ALL)


  • Implementation Date: January 26, 2012
  • 1st Reading
  • Adopted:

DJC - Petty Cash Accounts

NEPN/NSBA Code: DJC

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

PETTY CASH ACCOUNTS

In order to facilitate refunds and minor purchases, the Board of Trustees authorizes a petty cash fund in the Residential Facility and in the Administrative offices.

The custodian for the accounts at the Residential Facility will be the Director of Residential Life. The account custodian at the Administrative office will be the Superintendent/designee. Each transaction must be supported with proper receipts by the account custodian.

Justifiable expenditures from the petty cash accounts will include but not be limited to: miscellaneous materials and supplies ($50 maximum) for office supplies, stamps and freight. All items purchased with petty cash funds should meet the criteria of an expedient measure and should not be used to circumvent established policy on purchasing authority.

The petty cash funds will be replenished as imprest funds and reimbursed to each account through accounts payable after approval by the Chief Operating Officer/designee.

  • Implemented: March 16, 2012
  • 1st Reading: March 17, 2012
  • Adopted: September 8, 2012

DKC - Expense Authorization & Reimbursement

CODE: DKC

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

EXPENSE AUTHORIZATION AND REIMBURSEMENT

MSSM recognizes that some School business expenses involve initial payment by a School employee or a Board member and that such expenses may qualify for reimbursement. The purpose of this policy is to promote financial accountability by requiring prior authorization of expenditures and the establishment of procedures for the reimbursement of expenses.

  1. Authorization: All employee expenses to be reimbursed must be pre-approved by the employee’s supervising administrator, allowable up to $50. Any amount over $50 must receive preapproval authorization from the Executive Director. All Board member expenses to be reimbursed shall be approved by the Board Chair prior to the member incurring the expense. Expenses to be reimbursed may include transportation, lodging, registration fees, required materials, parking fees, and other reasonable and necessary business-related expenses.
  2. Reimbursement: All requests for reimbursement shall be itemized on an official MSSM travel voucher. Receipts for reimbursable expenses must be attached to the reimbursement form. Automobile travel in a personal vehicle shall be reimbursed at the state mileage rate as of October 1st 26 of that year. Reimbursement for commercial transportation shall be based on coach/economy fares. Receipts are necessary for all reimbursements. Automobile travel should take place in a School vehicle whenever possible. When circumstances dictate that a rental car is necessary and/or the most practical approach to travel, the least expensive car that shall meet the purpose should be rented.
  3. Unapproved Expenses: School employees and Board members who incur expenses that have not been approved in advance as required by this policy shall be personally accountable for such expenses. State law prohibits payment for alcoholic beverages.
  4. Reimbursement Procedures: The Chief Operating Officer/designee shall be responsible for developing a schedule of reimbursement rates for business expenses, including those expenses requiring advance approval and specific rates of reimbursement. The Chief Operating Officer/designee shall also develop procedures to address methods and timing for submission of requests for reimbursement.
  5. Advances: Advances come in the following two types: Prepaid expenses and cash advances.
      1. Prepaid expenses: In the event that the School pre-pays any expenses for travel (e.g. rooms, fees, etc.), the employee traveling shall include expended amounts on the travel voucher and list the amount paid by the School on the “advance line.” Receipts for these expenses must be included with the travel voucher.
      2. Cash Advances: In the event that travel on School business places a financial burden on an employee, the employee may submit a request for a cash advance one week before the travel. The amount of the advance shall not exceed the amount the employee will be expected to pay during his/her travel.
  • Implemented: February 1, 2016
  • 1st Reading: March 5, 2016
  • 2nd Reading: May 27, 2016

DLB - Tax Sheltered Annuities

CODE: DLB

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

TAX SHELTERED ANNUITIES

So that employees may obtain the benefit of tax sheltered annuities, the Board of Trustees hereby authorizes the adoption of a Tax Sheltered Annuity Plan. The Chief Operating Officer (COO) is authorized to sign a written Tax Sheltered Annuity Plan (the “Plan”) on behalf of the Board. The Plan shall provide that:

  1. Any employee may participate in the Tax Sheltered Annuity Plan, subject to the limitations of the Plan and the Internal Revenue Code.
  2. Any agent or agency wishing to sell tax sheltered annuities to employees must file with the COO evidence of its license to sell such annuities in the State of Maine.
  3. Only those providers of annuities who agree to comply with the terms of the Plan shall be permitted to participate as an annuity provider under the Tax Sheltered Annuity Plan. In accordance with the Plan, the Board retains the right to limit the number of annuity providers authorized to sell annuities to employees.
  4. At no time will solicitation by providers of tax sheltered annuities be permitted in School buildings or on School property during regular School hours.
  • Implemented: January 23rd, 2014
  • 1st Reading: March 15, 2014
  • 2nd Reading: May 23, 2014

DM - Cash in School Buildings

CODE: DM

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

CASH IN SCHOOL BUILDINGS

No money for school-based activities shall be kept overnight in the School or Dormitory except in a locked depository in the Business Office that the Executive Director has made available for this purpose.

All funds collected from students or parents for school-based activities shall be turned over to the Business Office daily.

In the event that money is stolen from desks or cabinets or elsewhere in the School buildings, the Board of Trustees shall not be liable for the loss. School funds left in designated depositories will be insured.

  • Implementation: October 24, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

DN - School Property Disposition

CODE: DN

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

SCHOOL PROPERTY DISPOSITION (PROPERTY OTHER THAN REAL ESTATE)

The Executive Director is authorized to determine, through procedures he/she develops, whether personal property such as supplies, books, materials, and equipment is obsolete or no longer of use to the School and to declare it surplus personal property. Procedures for disposal of surplus property shall be in accordance with the following:

      1. The Board is to be informed of any property valued over $5,000.00 which is declared surplus by the Executive Director prior to its disposal.
      2. Surplus property which is offered for sale shall be disposed of by sealed bids or proposals, public auction, public sale, or by other such means as the Board may direct. Notice of any sale of surplus property shall be given in a manner reasonably calculated to notify potentially interested parties of such sale.
      3. Any surplus property which is offered for sale and is not sold may be disposed of in a manner deemed advisable by the Executive Director, including donation to nonprofit agencies.
      4. The Executive Director may sell or donate surplus property to a specific community service organization or governmental agency (state, county, local, or quasi-governmental) if, in the Executive Director's judgment, the sale or donation will best serve the interests of the School and the community, and when such sale or donation is not contrary to law.
      5. Any property deemed to be worthless, or for any reason considered to be inappropriate for sale, may be disposed of in a manner the Executive Director deems appropriate.
      6. All revenues which result from the sale of surplus property shall be credited in one of the following ways: 1) as miscellaneous School income; or 2) when required by law, to a specific account.

Legal Reference:

              • 20-A M.R.S.A. §7
  • Implemented: October 31, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

Section E: Support Services

EBAA - Chemical Hazards

Code: EBAA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

CHEMICAL HAZARDS

The Maine School of Science and Mathematics is committed to providing a safe environment for students and employees. It is the policy of MSSM to follow safe practices in regard to the storage and handling of hazardous chemicals in its school buildings. The School will comply with all applicable Maine and federal laws and regulations concerning hazardous chemicals.

The Executive Director will be responsible for developing a Chemical Hygiene Plan that includes procedures relevant to the identification, purchase, storage, inventory, handling, and disposal of hazardous chemicals; maintenance of material safety data sheets (MSDS); and for ensuring that employees are provided required training and information concerning hazardous chemicals used in the school buildings. The

Executive Director may delegate responsibilities associated with Plan development to School staff, as appropriate.

The Executive Director/designee will appoint a Chemical Hygiene Officer for the School. The Chemical Hygiene Officer will have the primary responsibility for implementing the School Chemical Hygiene Plan. The person appointed Chemical Hygiene Officer should be familiar with State and federal regulations pertaining to laboratory and chemical safety and the chemicals used in the School.

The Chemical Hygiene Officer shall achieve such certification and/or attend such training as may be mandated by law.

Legal Reference:

              • 29 C.F.R. §1910.1200
              • 26 M.R.S.A. §565
              • Ch. 2 §179 (Dept. of Prof. Regulation Rule)
              • Cross Reference: EBCA – Crisis Response Plan
  • Implemented: October 31, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

EBCA - Comprehensive Emergency Management Plan

CODE: EBCA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

COMPREHENSIVE EMERGENCY MANAGEMENT PLAN

(FORMERLY: CRISIS RESPONSE PLAN)

The Board hereby adopts the Maine School of Science and Mathematics Comprehensive Emergency Management Plan. The Executive Director and building administrators shall be responsible for developing, in consultation with staff and persons or agencies with expertise in planning for and responding to emergencies, a comprehensive emergency management plan that identifies and addresses all hazards and potential hazards that could reasonably be expected to affect the School and its facilities.

The Executive Director and building administrators shall be responsible for ensuring that the plan is implemented in the School and evaluated on an annual basis and after each incident when the plan is used.

The following information pertaining to the MSSM Comprehensive Emergency Management Plan is considered public information:

A. A description of the scope and purpose of the Plan and the process used for developing and updating it;

B. General information on auditing for safety and preparedness;

C. Roles and responsibilities of School administrators, teachers, and staff and the designated chain of command during an emergency; and

D. Strategies for conveying information to parents and the general public during an emergency. Except as specified in paragraphs A through D above, those portions of the Comprehensive Emergency Management Plan and any other records describing security plans, security procedures, or risk assessments prepared specifically for the purpose of preventing or preparing for acts of terrorism shall not be considered public information under the Freedom of Access Act but only to the extent that the release of such information could reasonably be expected to jeopardize the physical safety of School personnel or the public. For the purpose of this policy, “terrorism” is defined as in 1 M.R.S.A. §402(3)(L) as “conduct that is designed to cause serious bodily injury or substantial risk of bodily injury to multiple persons, substantial damage to multiple structures whether occupied or unoccupied, or substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure.”

Legal Reference:

              • 20-A MRSA §1001(16)
  • Implemented: November 13, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

EBCC - Bomb Threats

CODE: EBCC

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

BOMB THREATS

The Maine School of Science and Mathematics Board of Trustees recognize that bomb threats are a significant concern to our School. Whether real and carried out or intended as a prank or for some other purpose, a bomb threat represents a potential danger to the safety and welfare of students, campers, and staff and to the integrity of School property. Bomb threats disrupt the instructional program and learning environment and also place significant demands on School financial resources and public safety services. These effects occur even when such threats prove to be false.

Any bomb threat will be regarded as an extremely serious matter and treated accordingly. The Board directs the Executive Director to react promptly and appropriately to information concerning bomb threats and to initiate or recommend suitable disciplinary action.

A. Conduct Prohibited

No person shall make, or communicate by any means, whether verbal or nonverbal, a threat that a bomb has been, or will be, placed on School premises. Because of the potential for evacuation of the School and other disruption of School operations, placement of a bomb or of a “look-alike” bomb on School premises will be considered a threat for the purpose of this policy.

B. It is also a violation of Board policy to communicate by any means that any toxic or hazardous substance or material has been placed, or will be placed, on School premises with the intent to endanger the safety and welfare of students or staff and/or to disrupt the operations of the School. For the purpose of this policy, “toxic or hazardous substance or material” means any material or substance, including biomedical materials or organisms, that, when placed as threatened, could be harmful to humans.

C. Definitions

    1. A “bomb” means an explosive, incendiary or poison gas bomb, grenade, rocket, missile, mine, “Molotov cocktail,” or other destructive device.
    2. A “look-alike bomb” means any apparatus or object that conveys the appearance of a bomb or other destructive device.
    3. A “bomb threat” is the communication, by any means, whether verbal or non-verbal, that a bomb has been, or will be, placed on School premises, including possession or placement of a bomb or look-alike bomb on School premises.
    4. “School premises” means any School property and any location where any School activities may take place.

D. Development of Bomb Threat Procedures

The Executive Director/designee shall be responsible for developing and implementing procedures specific to bomb threats as part of MSSM’s Comprehensive Emergency Management Plan. These procedures are intended to inform administrators and staff of appropriate protocols to follow in the event that a bomb threat is received and should include provisions to address:

      1. Threat assessment (for the purpose of identifying a response that is in proportion to the threat, in light of what is necessary to ensure safety);
      2. Building evacuation and re-entry (including selection of potential alternative sites for those who are evacuated);
      3. Incident “command and control” (who is in charge, and when);
      4. Communications contacts and mandatory bomb threat reporting;
      5. Parent notification process;
      6. Training for staff members; and
      7. Support services for students and staff. The Executive Director/designee will be responsible for overseeing a review or evaluation of bomb threat procedures annually.

E. Reporting of Bomb Threats

A student who learns of a bomb threat or the existence of a bomb on School premises must immediately report such information to the Executive Director, Dean of Students, teacher, or other employee.

An employee of MSSM who learns of a bomb threat shall immediately inform an administrator. The administrator shall immediately take appropriate steps to protect the safety of students and staff in accordance with MSSM’s bomb threat procedure, as developed under Section D, and inform the Executive Director of the threat.

All bomb threats shall be reported immediately to the local law enforcement authority, as provided in the bomb threat procedures.

The Executive Director shall be responsible for reporting any bomb threat to the Department of Education within two business days of the incident. Reports will include the name of the School, the date and time of the threat, the medium used to communicate the threat, and whether or not the perpetrators have been apprehended.

F. Student Disciplinary Consequences

Making a bomb threat is a crime under Maine law. Any student suspected of making a bomb threat shall be reported to law enforcement authorities for investigation and possible prosecution. Apart from any penalty imposed by law, and without regard to the existence or status of criminal charges, a student who makes a bomb threat shall be subject to disciplinary action by the School.

The administration may suspend and/or recommend for expulsion any student who makes a bomb threat. The making of a bomb threat will be considered deliberately disobedient and deliberately disorderly within the meaning of 20-A M.R.S.A.

§1001(9) and will be grounds for expulsion if found necessary for the peace and usefulness of the School.

In addition, a student who is found after hearing to have brought a bomb to School shall be expelled from School for at least one year in accordance with 20-A M.R.S.A.§1001(9-A) and Policy JICIA, except that the Executive Director may modify the requirement for expulsion based on individual circumstances.

A student who has been identified through the IEP process as having a disability and whose conduct in violation of this policy is related to the disability shall be disciplined as provided in paragraph one of Policy JKF- Disciplinary Removal of Students with Disabilities.

G. Aiding Other Students in Making Bomb Threats

A student who knowingly encourages, causes, aids, abets, or assists another student in making or communicating a bomb threat shall be subject to the disciplinary consequences described in Section F of this policy.

H. Failure to Report a Bomb Threat

A student who fails to report information or knowledge of a bomb threat or the existence of a bomb or other destructive device in a School building or on School property may be subject to disciplinary consequences, which may include suspension and/or expulsion.

I. Staff Disciplinary Consequences

Any MSSM employee who makes or communicates a bomb threat will be reported to appropriate law enforcement authorities and will be subject to disciplinary action up to and including termination of employment. Disciplinary action taken shall be consistent employment agreements and Board policies.

Any MSSM employee who fails to report information or knowledge of a bomb threat or the existence of a bomb on School premises will be subject to discipline up to and including termination of employment.

J. Civil Liability

MSSM reserves the right to bring suit against any individual responsible for a violation of this policy and to seek restitution and other damages as permitted by law.

K. Lost Instructional Time

Instructional time lost as a result of a bomb threat will be rescheduled at the earliest appropriate or practicable opportunity, as determined by the Executive Director. Time lost may be rescheduled on a weekend or vacation day, or after what would normally be the last day of the school year.

L. Notification Through Student Handbook

All student handbooks shall address MSSM’s bomb threat policy and procedures and explain the educational consequences of bomb threats. In addition, student handbooks shall notify students and parents that bomb threats violate Board policy and civil and criminal law.

Legal References:

              • 18 U.S.C. §§921; 8921
              • 17-A M.R.S.A. §210
              • 20-A M.R.S.A. §§263; 1001(9); 1001(9-A); 1001(17); 1001(18)

Cross References:

              • EBCA – Crisis Response Plan
              • JKD – Suspension of Students
              • JKE – Expulsion of Students
              • JKF – Suspension/Expulsion of Students with Disabilities
              • JICIA – Weapons, Violence and School Safety
              • JIC – Student Code of Conduct

  • Implemented: November 13, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

ECB - Pest Management in School Facilities and on School Grounds

CODE: ECB

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

PEST MANAGEMENT IN SCHOOL FACILITIES AND ON SCHOOL GROUNDS

MSSM Board of Trustees recognizes that structural and landscape pests can pose significant problems for MSSM employees, students, and property; but the MSSM Board of Trustees also realize that use of some pesticides may themselves pose health and safety risks to visitors, employees, students, property, and the environment.

It is therefore the policy of MSSM to incorporate Integrated Pest Management (IPM) principles and procedures for the control of structural and landscape pests. A copy of this policy shall be kept on MSSM's website and made available upon request to staff, parents, students, and the public.

IPM is a systematic approach to pest management that combines a variety of methods for managing pests; including monitoring, improved horticultural, sanitation and food storage practices, pest exclusion and removal, biological control, and pesticides.

For the purpose of this policy, “pests” are populations of living organisms (animals, plants, or microorganisms) that interfere with use of MSSM facilities and grounds. “Pesticide” is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests and any substance and/or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

The objective of MSSM’s IPM program is to provide effective pest control while minimizing pesticide use. The goals of the IPM program include managing pests to reduce any potential hazards to human health; preventing loss or damage to MSSM structures or property; preventing pests from spreading beyond the site of infestation to other MSSM property; and enhancing the quality of life for students, staff, and others. These goals will be addressed by the establishment of a Pest Management Plan (PMP).

The Executive Director and/or his/her designee shall develop and implement a PMP consistent with the following IPM principles and procedures.

A. Appointment of an IPM Coordinator

The Executive Director/designee will appoint an IPM Coordinator for MSSM. The IPM Coordinator will be the primary contact for pest control matters and will be responsible for overseeing the implementation of the IPM plan, including making pest control decisions.

B. The IPM Coordinator will:

Consult with the Building Administrator (BA) and/or Executive Director before a decision is made to do a pesticide application (for which notice is required) before providing notification of the planned application.

C. The IPM Coordinator’s responsibilities will include:

      1. Recording and monitoring data and pest sightings by MSSM staff and students;
      2. Coordinating pest management with pest control contractors;
      3. Meeting with pesticide applicators to share information about pest problems in MSSM school buildings and on School grounds;
      4. Recording and ensuring that maintenance and sanitation recommendations are carried out where feasible;
      5. Ensuring that any pesticide use is done according to MSSM’s Pest Management Plan and Chapter 27 Me. Dept. of Agriculture Board of Pesticides Control Rules (“Standards for Pesticide Applications and Public Notification in Schools”);
      6. Making MSSM’s pest management policy available in all MSSM buildings;
      7. Having available for parents and staff a copy of the Maine regulation pertaining to pesticide applications the School (Chapter 27 Me. Dept. of Agriculture Board of Pesticides Control Rules “Standards for Pesticide Applications and Public Notification in Maine Schools”) and a record of prior pesticide applications and information about the pesticides used.
      8. Evaluating MSSM’s progress in implementing the IPM plan;
      9. Initiating and coordinating notification of parents and staff of pesticide applications according to MSSM’s notification procedure, and posting notification signs as appropriate; and
      10. Recording all pesticides used by either a professional applicator or MSSM staff and/or maintaining all other pest control data.

D. Identification of Specific Pest Thresholds

Routine inspection and accurate identification of pests are needed to recognize potential problems and determine when action should be taken. An “action threshold” for specific sites should be determined on a case-by-case basis by the IPM Coordinator in consultation with the Executive Director/designee, and if necessary, with the advice of a professional pest control expert.

As pest management objectives will differ from site to site (e.g. maintaining healthy turf and specific playing surfaces on athletic fields, carpenter ant control in buildings, maintenance of ornamental plants, etc.), differences should be considered before setting an action threshold.

E. Pesticide Applicators

Any person who applies pesticides in any School buildings and/or on School grounds must possess a Maine pesticide applicators license and shall be trained in the principles and practices of IPM. All pesticide use must be approved by MSSM’s IPM Coordinator. Applicators must follow state regulations, pesticide label precautions, and must comply with the IPM policy and pest management plan.

F. Selection, Use, and Storage of Pesticides

Pesticides should be used only when needed. Non-chemical pest management methods will be implemented whenever possible to provide the desired control. The choice of using a pesticide will be based on a review of other available options (sanitation, exclusion, mechanical means, trapping, biological control) and a determination that these options have not worked or are not feasible. When it has been determined that a pesticide must be used to achieve pest management goals, the least hazardous effective pesticide should be selected. Application should be conducted in a manner that, to the extent practicable using currently available technology, minimizes human risk. Decisions concerning the particular pesticide to be used and the timing of pesticide application should take into consideration the use of the buildings or grounds to be treated. Pesticide purchases should be limited to the amount expected to be used for a specific application or during the year. Pesticides will be stored and disposed of in accordance with label directions and state and federal regulations. Pesticides must be stored in an appropriate, secured location not accessible to students or unauthorized personnel.

G. Notification of Students, Staff, Campers, and Parents of Use of Pesticides

A notice will be provided to MSSM staff, students, campers, and parents within the first two (2) weeks of each school year or summer camp session, briefly explaining MSSM’s IPM/pesticide use policy and indicating that pesticides may be used indoors and/or outdoors, as needed. When appropriate, MSSM will notify staff, including the school nurse, students, campers, and parents/guardians at least five (5) days in advance of planned pesticide treatments in the School or on School grounds; including playgrounds and playing fields.

When required by regulations, signs will be posted at each point of access to the treated area and in a common area of the School at least two (2) working days prior to the application and for at least 48 hours following the application in accordance with applicable Maine Board of Pesticides Control regulations.

H. Recordkeeping

When a pesticide has been used, records pertinent to the application including labels and material safety data sheets (MSDS) will be maintained at a designated central location at the School for two years following application. Records are to be completed on the day the pesticide is applied. Pest surveillance records should be maintained to verify the need for additional pesticide treatments.

Legal Reference:

              • 7 MRSA §§601-625
              • 22 MRSA §§1471-A-1471-X
              • Ch. 27 Me. Dept. of Agriculture Board of Pesticides Control Rules (Standards for Pesticide Applications and Public Notification in Schools)

Cross Reference:

              • EBAA – Chemical Hazards
  • Implemented: November 13, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

EEAEAA - Drug and Alcohol Testing for Bus Drivers

CODE: EEAEAA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

DRUG AND ALCOHOL TESTING FOR BUS DRIVERS

In accordance with federal law and regulations, MSSM shall be responsible for implementing a drug and alcohol testing program for school bus drivers in its employ. The purpose of the testing program shall be to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by bus drivers.

Prohibited Conduct

Drivers shall be prohibited from any alcohol misuse that could affect performance on the job; including use on the job, use during the four hours before driving, having prohibited concentrations of alcohol in their systems while driving, and use during eight hours following an accident.

No driver shall report for duty or remain on duty requiring the performance of safety- sensitive functions when the driver uses any controlled substances except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect his ability to safely operate a motor vehicle.

Required Testing

Drivers shall be subject to pre-employment/pre-duty drug testing and to reasonable suspicion, random post-accident, return-to-duty and follow-up alcohol and drug testing pursuant to procedures set out in the federal regulations. These procedures use an evidential breath testing device for alcohol testing. For controlled substances testing, urine specimen collection and testing by a laboratory certified by the U.S. Department of Health and Human Services shall be required.

Pre-employment drug testing shall be administered to an applicant offered a position prior to the first time the driver performs a safety-sensitive function for MSSM. Random alcohol testing shall be limited to the time period surrounding the performance of safety-related functions which includes just before or just after the employee performs the safety-related function. Controlled substances testing may be performed at any time while the driver is at work. An employee covered by the federal regulations may not refuse to take a required test.

Consequences if Testing Indicates Drug or Alcohol Misuse

If the testing confirms prohibited alcohol concentration levels or the presence of a controlled substance, the employee shall be removed immediately from safety-related functions in accordance with the federal regulations. Before a driver is reinstated, if at all, the driver shall undergo an evaluation by a substance abuse professional, comply with any required rehabilitation, and undergo a return-to-duty test with verified test results.

A driver who is prohibited from performing safety-sensitive functions may be assigned to non-safety-sensitive functions until such time as the driver complies with the requirements for returning to duty. The MSSM Board of Trustees retains the authority consistent with state and federal law to discipline or discharge any employee who is an alcoholic or chemical dependent and whose current use of alcohol or drugs affects the employee's qualifications for and performance of his job.

MSSM is not required under federal law requiring drug and alcohol testing to provide rehabilitation, pay for substance abuse treatment, or to reinstate the employee. All employment decisions involving reinstatement, termination, or dismissal shall be made in accordance with applicable policies.

Record Retention

MSSM shall maintain records in compliance with the federal regulations in a secure location with controlled access. With the driver's consent, MSSM may obtain any of the information concerning drug and alcohol testing from the driver's previous employer. A driver shall be entitled upon written request to obtain copies of any records pertaining to the driver's use of alcohol or controlled substances including information pertaining to alcohol or drug tests.

Records shall be made available to a subsequent employer upon receipt of a written request from a driver only as expressly authorized by the terms of the driver's request.

Other Provisions

MSSM shall take steps to insure that administrators receive proper training to administer the drug and alcohol testing program and that employees receive the notifications required by federal regulations.

Legal References:

              • 49 U.S.C./2717 et seq. (Omnibus Transportation Employee Testing Act of 1991)
              • 49 C.F.R. Part 40 (procedures for transportation workplace drug and alcohol testing programs)
              • 49 C.F.R. Part 382 (controlled substance and alcohol use and testing)
              • 49 C.F.R. Part 391 (qualifications of drivers)
              • C.R.S. 42-2-401 et seq. (Commercial Driver's License Act)

Cross Reference:

              • EEAEA - Bus Driver Requirements and Training
              • GBEC - Drug-Free Workplace
              • GDQD - Discipline, Suspension and Dismissal of Support Staff


  • Implemented: November 14, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading:

EEAEAA-R - Drug and Alcohol Testing of School Bus Drivers Administrative Procedure

CODE: EEAEAA-R

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

DRUG AND ALCOHOL TESTING OF SCHOOL BUS DRIVERS ADMINISTRATIVE PROCEDURE

The Maine School of Science and Mathematics (MSSM) Board of Trustees, hereinafter referred to as the “Board,” is committed to the establishment of an alcohol and controlled substance testing program that meets all applicable requirements of the federal Omnibus Transportation Employee Testing Act of 1991, in addition to pertinent state laws and regulations. The purpose of the testing program shall be to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by drivers performing safety-sensitive functions.

The following administrative procedure represents a summary of the main provisions found in federal regulations promulgated to effectuate drug and alcohol testing of bus drivers. The following procedure in no way attempts to modify said regulations, which should always be referred to when questions as to implementation of this policy/procedure arise.

I. APPLICABILITY

All persons operating a commercial motor vehicle in commerce in any state and subject to the commercial driver’s license requirements mandated under both federal and state laws, including the Omnibus Transportation Employee Testing Act of 1991, shall be subject to the drug and alcohol testing provisions herein contained.

II. IMPLEMENTATION

The Executive Director shall be responsible for implementing a drug and alcohol-testing program which complies with procedures set forth in Title 49 Parts 40, 382, 390 and 395 of the Federal Code of Regulations. Such testing program shall include pre-employment/pre-duty drug testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty and follow-up testing. MSSM shall provide parties subject to testing with written notice of materials and information available to them as required by Part 382.

Bid specifications and contracts for transportation shall require that the contractor establish a drug and alcohol-testing program which complies with federal regulations and that is acceptable to the Board.

III. CONTROLLED SUBSTANCES

Controlled substances in this policy/procedure refer to those covered by the Omnibus Transportation Employee Testing Act of 1991, including marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).

IV. SAFETY-SENSITIVE FUNCTION

Safety-sensitive function(s) in this policy/procedure refer to functions defined in 49 CFR §382.107 and §395.2 (On-Duty Time, paragraphs (1) through (6)).

V. PROHIBITIONS

All drivers subject to this policy shall be prohibited from:

      1. Using any alcohol while on duty and four (4) hours prior to going on duty;
      2. Possessing alcohol while on duty;
      3. Reporting for duty or remaining on duty while having an alcohol concentration of 0.02 or greater;
      4. Using any alcohol for eight (8) hours following an accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first;
      5. Refusing to submit to a required alcohol or controlled substance test(s);
      6. Reporting for duty or remaining on duty when using any controlled substance, except when use is pursuant to the instructions of a physician who advised the driver that the substance does not adversely affect the driver’s ability to safely operate the vehicle; and
      7. Reporting for duty, remaining on duty, or performing a safety-sensitive function, if the driver tests positive for a controlled substance.

VI. REQUIRED TESTING

    1. Pre-Employment Testing Prior to the first time a driver performs a safety-sensitive function MSSM, the driver shall undergo testing for controlled substances. However, no driver shall be subjected to pre-employment controlled substance testing prior to having been offered a position. Employment is conditioned upon a verified negative controlled substance test result.
    2. Post-Accident Testing As soon as practicable following an accident, each surviving driver will be subject to alcohol and controlled substance testing as follows:
      1. Any driver performing safety-sensitive functions with respect to the vehicle if the accident involved loss of human life;
      2. Any driver who receives a citation under State or local law for a moving violation arising from the accident; and

a. Causes bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or b. Should one or more motor vehicles incurring disabling damage as a result of the accident, require a motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

3. In addition, the following provisions will also apply.

a. Alcohol

If a test required under this section is not administered within two (2) hours following the accident, MSSM shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test is not administered within eight (8) hours following the accident, MSSM shall cease attempts to administer the test and shall prepare and maintain the same record. Records shall be submitted to the Federal Highway Administration (FHWA) upon request of the Associate Administrator.

b. Controlled Substances

If a test required by this section is not administered within thirty-two (32) hours following the accident, MSSM shall cease attempts to administer the test and shall prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FHWA upon request of the Associate Administrator.

C. Random Testing

All drivers subject to this policy/procedure will be subject to random and unannounced alcohol and controlled substance testing throughout the year. The minimum annual percentage rate for testing of bus drivers is as follows:

      1. Random alcohol testing shall be a minimum of 10 percent of the number of driver positions each selection period; and
      2. Random controlled substance testing shall be a minimum of 50 percent of the number of driver positions each selection period.

D. Reasonable Suspicion Testing All drivers subject to this policy/procedure shall submit to alcohol and controlled substance testing when the employer has reasonable suspicion to believe that the driver has violated the prohibitions found in Part V of this procedure, with the exception of Part V.B. regarding alcohol possession. MSSM shall base its determination that reasonable suspicion exists requiring the driver to undergo such testing on observations concerning appearance, behavior, speech or body odors of the driver. When controlled substances are at issue, observations may include indications of the chronic and withdrawal effects of controlled substances.

In addition, the following provisions also apply:

1. Alcohol

Alcohol testing will be performed only if the aforementioned observations are made during, just preceding, or just after the period of the workday that the driver is required to be in compliance with this policy/procedure. If a test required under this section is not administered within two (2) hours following the reasonable suspicion determination, MSSM shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required under this section is not administered within eight (8) hours following a determination that reasonable suspicion exists, MSSM shall cease attempts to administer an alcohol test and shall state in the record reasons for not administering the test. MSSM shall submit to the FHWA records of tests required by this section that were not completed within eight (8) hours according to the mandates of 49 CFR §382.307 (3).

2. Controlled Substances

MSSM shall, within twenty-four (24) hours or before the results of the controlled substances test are released, whichever is earlier, create a written record of the observations leading to a controlled substances test which shall be signed by the administrator or MSSM official making said observations.

E. Return-to-Duty Testing

Prior to returning to duty requiring the performance of safety sensitive functions when a driver has engaged in conduct prohibited under this policy/procedure, the driver shall undergo a return-to-duty alcohol and/or controlled substances test(s) as appropriate.

Drivers found to have engaged in prohibited conduct under the alcohol provisions of this policy/procedure will not be permitted to return to duty unless the subsequent alcohol test reveals a result less than or consistent with federal and state standards. In cases involving controlled substances, a verified negative result is necessary before a driver may return to duty.

F. Follow-up Testing

In the event that a driver has been found to have been in violation of the prohibitions herein contained and is identified as requiring assistance in resolving problems associated with alcohol and/or controlled substances, MSSM shall require the driver to submit to at least six (6) unannounced follow-up alcohol and/or controlled substances tests during the first twelve (12) months after returning to duty. Follow-up tests will be unannounced and may continue for up to sixty (60) months after returning to duty. Follow-up alcohol testing shall be conducted only when the driver is performing, just before, or just after ceasing to perform safety-sensitive functions.

VII. REFUSAL TO SUBMIT TO TESTING

All drivers who are required by federal regulations to submit to drug/alcohol testing must do so immediately upon being directed to submit to the test(s). A driver’s refusal to submit to testing will subject the driver to immediate removal from the performance of safety-sensitive functions. In addition, failure to comply with Federal regulations or this procedure is grounds for disciplinary action up to and including dismissal. Any of the following actions on the part of a driver constitutes a refusal to submit to a test:

      1. Failure to provide adequate specimens/samples of substance(s) undergoing testing, including but not limited to breath and urine, without a valid medical reason;
      2. Refusing to empty his or her pockets;
      3. Refusing to wash his/her hands after being directed to do so by the test collector;
      4. Admitting to the collector that he/she adulterated or substituted his/her specimen;
      5. Behaving in a confrontational way that disrupts the collection process;
      6. Declines to allow a collection to be monitored or directly observed (as allowed federal regulations);
      7. With respect to direct observation collections, the employee fails to follow the observer’s instructions to raise or lower their clothing and to turn around to permit the observer to determine if the employee has a prosthetic or other device that could be used to interfere with the collection process; or the employee possesses or wears a prosthetic or other device that could be used to interfere with the collection process;
      8. Refuses to void through self-catheterization if this is the employee’s normal method.

Refusal to cooperate in completion of required paperwork is recorded by the collector, but does not by itself constitute a refusal to test.

VIII. TRAINING FOR SUPERVISORS

MSSM will assign persons who will be designated to determine whether reasonable suspicion exists to require a driver to undergo testing under Part 382, with at least sixty (60) minutes of training on alcohol misuse and receive at least an additional sixty (60) minutes of training on controlled substances. Training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.

IX. ENFORCEMENT

MSSM, in its independent authority as an employer, shall subject any driver who violates this policy/administrative procedure or Federal regulations to potential disciplinary action up to and including dismissal, except to the extent that any state law requires otherwise. In addition, any driver who refuses to submit to a post-accident, random, reasonable suspicion, return-to duty or follow-up test(s) shall not perform or continue to perform safety-sensitive functions.

Furthermore, no driver tested and found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions including driving a commercial motor vehicle until the start of the driver’s next regularly scheduled duty period, but not less than twenty-four (24) hours after the test was administered.

X. RECORDS

Employee drug and alcohol tests and results shall be maintained under strict confidentiality in a secure location with controlled access and released only in accordance with law. A driver, upon written request, shall receive copies of any records pertaining to his/her use of drugs or alcohol, including any records pertaining to his/her drug tests. Records shall be made available to subsequent employers or other identified persons only when expressly requested in writing by the driver.

XI. NOTIFICATIONS

Each driver shall receive educational materials prior to MSSM’s commencement of alcohol and controlled substances testing. Such material will explain the requirements of the Code of Federal Regulations, Title 49 Part 382, and contain a copy of the Board’s policy and administrative procedures for meeting these requirements. MSSM shall also include in the package of informational material submitted to each driver a statement certifying that he/she has received the informational material. MSSM shall maintain the original signed copy of the statement on file.

In addition to the aforementioned items, MSSM shall also make available to drivers and representatives of employee organizations information which shall identify:

      1. The person designated by MSSM to answer questions about the materials;
      2. The procedures that will be used to test for the presence of alcohol and controlled substances; protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver;
      3. Information concerning the effects of alcohol and controlled substances on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substance(s) problem (the driver’s or co-worker’s); and available methods of intervening when an alcohol or controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management; and
      4. Post-accident procedures that will make it possible for a driver to comply with post-accident testing before any driver operates a commercial vehicle.MSSM shall also make available the following information:
      5. The results of pre-employment controlled substance test(s) if the applicant requests such results within sixty (60) calendar days of being notified of the disposition of the employment application; and
      6. The results of random, reasonable suspicion and post-accident drug tests if the results are verified positive. MSSM shall also tell the driver which controlled substance(s) was verified as positive.

XII. CONTROLLED SUBSTANCES

Drivers shall inform their supervisors if at any time they are using a controlled substance which their physician has prescribed for therapeutic purposes. Such substance may be used in conjunction with duty only if the physician has advised the driver that it will not adversely affect his/her ability to safely operate a commercial motor vehicle.

XIII. REFERRAL, EVALUATION, AND TREATMENT

A driver who has engaged in conduct prohibited by this policy/procedure shall be advised by MSSM of resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances. The information the bus driver receives will include: names, addresses, and telephone numbers of substance abuse professionals, counseling and treatment programs, in addition to information relating to his/her responsibility with regard to payment of such services.

B. Evaluation/Treatment

A driver who engages in such prohibited conduct shall be evaluated by a substance abuse professional who shall determine what assistance or treatment, if any, the employee needs in resolving controlled substance(s) use.

XIV. RETURN TO DUTY

If MSSM has not discharged a driver due to his/her engagement in prohibited conduct under this policy/procedure, the bus driver must, prior to returning to safety-sensitive duties: A. Undergo return-to-duty testing and obtain an alcohol concentration level of less than 0.02 and/or a verified negative test for controlled substances;

B. Have been evaluated by a substance abuse professional; and

C. Have followed prescribed and/or recommended treatment.

XV. OTHER POLICIES/PROCEDURES

Nothing contained in this administrative procedure shall prevent the Board from establishing and enforcing independent policies/procedures relating to the possession, being under the influence of, distribution, sale or use of alcohol or controlled substances or any misconduct associated therewith and the penalties for violation of those policies/procedures, up to and including dismissal.

Legal References:

              • 49 CFR Parts 40, 382, 390, 395
              • Title 26 MRSA §§681(8)(B); 685(2); 689
  • Implementation: November 14, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

EFE - Competitive Food Sales

CODE: EFE

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

COMPETITIVE FOOD SALES–SALES OF FOODS IN COMPETITION WITH THE SCHOOL FOOD SERVICE PROGRAM

MSSM supports good nutrition as part of a school environment that contributes to student health and encourages positive food choices and eating habits. The MSSM Board of Trustees believes that nutrition influences a student’s ability to take full advantage of MSSM’s educational program and is, therefore, related to student achievement.

The Board of Trustees also recognizes that proceeds from the sale of foods and beverages outside of MSSM’s food program (“competitive foods”) are a significant source of funds for student activities that MSSM might not otherwise be able to provide.

The Board of Trustees has adopted this policy to govern the sale of foods and beverages on School property.

I. RESTRICTION ON SALE OF COMPETITIVE FOODS

Any food or beverage sold at any time on School property shall be a planned part of the total food service program of the school and shall include only those items which contribute both to the nutritional needs of children and the development of desirable food habits, and shall not include foods of minimal nutritional value as defined in applicable federal regulations, except as provided for by Board policy in certain circumstances.

The Board of Trustees permits the sale of food and beverages outside the total food program:

    1. To School staff;
    2. To attendees at School-sponsored community events held on School property (i.e., School-sponsored events that are open to the public);
    3. To the public at community events held on School property in accordance with the Board’s facilities use policy;
    4. By a School-approved student organization or program if consistent with the requirement that such sales not include foods of minimal nutritional value as defined in 7 C.F.R. §210.11(a)(2).

This policy applies to sales of foods and beverages at any time on School property by any person, group or organization.

When foods and beverages are sold to attendees at community events sponsored by the School or held on School property, students, staff, parents, or School-sponsored organizations involved in such sales are encouraged to include at least some healthy food choices.

II. FUNDS FROM SALES OF COMPETITIVE FOODS

Funds from all food and beverage sales made at any time on School property shall accrue to the benefit of the School’s food service program, except that funds raised through authorized sales outside the total food service program shall accrue to the sponsoring School or approved student organization in accordance with applicable policies, cash-management procedures and administrative directives, or to the sponsor of a community event that is held on School property in accordance with the Board of Trustees’ facilities use policy.

The Executive Director has broad discretion in determining when a sponsor of an event is an “approved student organization” and when an activity is a School-sponsored event.

Foods of minimal nutritional value may be sold by approved student organizations when an event held on school property is open to the public. However, students may not sell foods of minimal nutritional value if an event is not open to the public. Boosters may also sell foods of minimal nutritional value if the event is open to the public. Community events that are sponsored by non-School groups (“outside organizations” such as Kiwanis, Boy Scouts, Girl Scouts, Little League, other community organizations) are events over which the School has no authority or responsibility other than through the Board of Trustees’ facilities use policy and procedures that implement the facilities use policy. Funds raised by these groups will accrue to the organization.

III. DELEGATION OF RESPONSIBILITY

The Executive Director/designee shall be responsible for enforcement of this policy. A School employee who observes conduct he/she believes to be a violation of this policy or is informed of such conduct by a parent, student, or community member shall contact an administrator or the Executive Director/designee.

Legal Reference:

                • 7 C.F.R. §210.11(a)(2)

Cross References:

                • DFF - Income From School Sales and Services
                • JJE - Student Fundraising Activities
                • JJF - Student Activities Funds
                • KF - Community Use of School Facilities
                • KJA - Relations With Booster Organizations
  • Implemented: November 28, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

EGAD - Intellectual Property

CODE: EGAD

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

INTELLECTUAL PROPERTY

I. Policy Overview and Definitions

This policy addresses the ownership of Intellectual Property (IP) for works developed or created by members of the Maine School of Science and Mathematics (MSSM) community, including faculty, staff, and students, and the circumstances and processes under which agreements and determinations of ownership are reached. The policy applies to Intellectual Property developed or created by members of the School community or with School resources.

Scholarly work created by faculty or students is IP and is normally owned by the creator(s). Scholarly work is defined broadly to include pedagogical, literary, scientific, and other creative work developed by faculty members and/or students or staff members acting outside the scope of their employment. This includes (1) work related to scholarship, such as books, journal articles, inventions, advances, discoveries, software, creative works, artistic works in any medium including, but not limited to, musical composition, choreography, visual art, scriptwriting, videos and photographs, and (2) work related to teaching, such as textbooks, lecture notes and other course notes whether in summary or verbatim form, whether privately held by the faculty member or distributed to the class, whether paper or electronic, problem sets, syllabi, training materials, and Web sites for classes. This means that the vast majority of scholarly work generated by faculty and/or students is IP that is owned exclusively by the creator(s). Exceptions may arise in circumstances involving identity interest, functional interest, or exceptional use of School resources, as described below. IP created by School staff within the scope or course of their employment, on the other hand, is owned by the School.

MSSM has an ownership interest in IP if it involves (i) an identity interest, (ii) a functional interest, or (iii) exceptional use of School resources.

(i) The School has an “identity interest” in works that are integral to, and reflect more create them. For example, the School has an identity interest in items disseminated by and for the School, such as various School catalogs, institutional Web pages, alumni bulletins, admissions brochures, and fundraising materials. An identity interest also occurs when there is a prominent use of the School’s name, or of any image, trademark or logo of the School (See the School’s Web policy). Simply identifying the author of a work as an MSSM instructor would not be considered prominent use of the School’s name. Faculty members who intend to utilize the School’s identity in creating IP must discuss ownership of the product as early as possible in the product’s development with the Executive Director. Determination of ownership must be reached prior to its distribution.

(ii) The School has a “functional interest” in works that are used to enhance the effective functioning and coordination of ongoing operations of the School, or in which the School has a contractual or legal obligation. For example, the School has a functional interest in administrative and personnel procedures, including software, and internal handbooks, and reports. The School has a functional interest in IP created with federal or other outside funds which carry an obligation that the School retain certain IP rights or assign them to another party outside the School. Certain collaborative agreements also require the School to negotiate IP rights with other entities, creating a functional interest. If the School has a functional interest, the IP is owned by the School.

(iii) “Exceptional use of School resources” for faculty and/or student work means that the School has provided funding, facilities, or staff support of a degree or nature not typically made available. Ordinary use of desktop computers or the School library, routine support from the School’s staff, or use of School office space does not constitute exceptional use of School resources. In addition, the School’s provision of standard labs and studios, funding of sabbatical leaves, and funding provided to support scholarly work (e.g., start-up funds and annual faculty development grants) are typically not considered to be exceptional use of School resources. In the instance that a faculty member expects to be provided, or the School expects to provide, exceptional and atypical support, a contractual agreement or formal determination should be reached in advance of such funding and allocation of resources, fixing the extent, if any, of School ownership of IP that may result from the work (See Section III of this Policy).

II. Policy for Faculty, Staff, and Students

A. Faculty.

Scholarly works created by members of the faculty and all the intellectual property rights associated with them remain with the creator(s) unless the School has an identity or functional interest or the work is created by, with, or through exceptional use of School resources. If there is an identity or functional interest, the School owns the rights to the IP. For instance, the School has a functional interest in faculty administrative work, such as committee reports and departmental or institutional records. When faculty members contribute to School publications, the work is owned by the School because of the identity and functional interest in the work.

While the IP ownership of work related to teaching and scholarly activities rests with the faculty member, the School has a functional interest in its ongoing instructional operations. By teaching at the School, faculty members grant a non-exclusive perpetual license to the School to use and modify curricular and instructional materials they develop at the School.

The School may have an ownership interest in common with the creator(s) in faculty work that involves exceptional use of School resources, including substantial use of other School employees. The ownership, use, and development of such IP will be governed by mutual agreement between the creator(s) and the School, or if an agreement cannot be reached between the creator(s) and the School, by a determination made under the procedures of Section III of this Policy.

Faculty members are expected to acknowledge assistance or co-authorship when appropriate.

B. Staff.

The legal principle embodied in copyright law known as “work made for hire” provides that all work created by employees within the scope or course of their employment belongs to the employer. The School has both functional and identity interests in IP developed by staff members, and could not function if it had to negotiate the right to use work produced by individual staff members. Following standard and typical employment practice, the School owns all IP developed by staff members within the scope or course of their employment. If an individual is hired as both a member of the staff and the faculty, the determination of IP rights depends upon the relation of the IP to the scope of employment of each job. IP that is created by members of the staff outside the scope or course of their employment is the property of the staff member. Staff members must discuss with their supervisor, in advance, any situations in which they intend to claim ownership of any IP that could be construed as being within the scope or course of their employment. The ownership, use, and development of such IP will be governed by mutual agreement between the creator(s) and the School, or if an agreement cannot be reached between the creator(s) and the School, by a determination made under the procedures of Section III of this Policy.

When IP is created by staff members working directly with members of the faculty or with students, the School has an interest in the IP. For example, when a programmer in Computer Science develops software in collaboration with or at the request of a faculty member, the School owns the software written by the staff member.

Staff members are expected to acknowledge assistance or co-authorship when appropriate.

C. Students.

Scholarly works generated by students in their capacity as students are owned by the students who created them. In addition, the Family Educational Rights and Privacy Act gives students certain privacy rights over personally identifiable information possessed by the School. Course-related materials, assignments, and other similar materials in students’ possession may also include IP of faculty members. Students who consider distributing such materials to others should be aware that they may not have property rights to all the materials in their possession, such as course syllabi, copies of lectures, or other IP of faculty members.

Students who are employed by the School are subject to IP policies for staff (see Section II.B.)

Students are expected to acknowledge assistance or co-authorship when appropriate.

D. Grants, Sponsored Works, and Specially Funded Works.

Many grants and contracts from government agencies or private sponsors contain provisions governing intellectual property and/or other rights to the property which obligate the grantee (the School) in some way. In such cases, the School has a functional interest in the IP and owns all relevant property rights associated with the IP. The School will assure that IP restrictions are accounted for in grant application and administrative processes associated with it. Principal investigators are required to comply with any such restrictions, including reporting requirements. Policy DD - GRANTS must be consulted in advance of any grant application regarding such restrictions (see Section III.A).

III. Process for Determination of Ownership of Intellectual Property

In the vast majority of cases, application of the foregoing principles will be straightforward and there will be no question about who owns the rights to the IP. In such cases, the party with rights (a faculty member, staff member, student, or the School) will decide the uses of the IP and will receive any income associated with it. All questions about whether a project involves exceptional use of School resources, or whether a functional or identity interest of the School may exist should be referred to the Executive Director. The Executive Director in consultation with the creator(s) and appropriate School administrators will endeavor to reach an agreement with the creator(s) regarding the ownership, use, and development of the IP. Agreements will be deposited in the employee's or student's file according to the procedures established in Section VI.D. If no agreement is reached, the Executive Director will make a determination (See Section III.B).

A. Reporting.

The uniform application of this Policy requires that the School be made aware of IP created by members of the School community with the use of School resources. Responsibility for reporting the creation of IP rests with the creator(s). The Executive Director/designee will develop a procedure that will facilitate such reporting.

In cases where the IP is a scholarly work created by a faculty member or staff member outside the scope of his or her employment and no identity or functional interest is involved, no reporting is required. Routine professional activities reports would suffice and are typically submitted after the fact. Scholarly work created by students in their capacity as students need not be reported.

Certain cases must be addressed specifically to the Executive Director. Creator(s) should report, as soon as the situation is reasonably clear and before work is well underway, on the production or planned production of any IP that meets one or more of the following conditions:

        1. The IP involves or has the potential for involving a functional or identity interest of the School.
        2. Production of the IP involves or may involve exceptional use of School resources.
        3. The IP is produced with Federal or other outside funds which impose ownership, reporting or other requirements on the School or the creator(s). In such cases, reporting may be required within specified time limits, which must be observed.
        4. The IP is jointly created by faculty and staff.
        5. The IP is created in a collaborative relationship with another entity requiring that entity’s IP interests be reconciled with those of the School.
        6. A creator intends to seek a patent on or otherwise commercialize the IP, in which case, the process of protection or commercialization may involve substantial cost and effort, and the creator(s) may wish the School to consider providing some or all of that support and share the net rewards, liabilities, or risks with the School.
        7. The creator is a staff member who intends to claim ownership of IP that could be construed as being within the scope or course of employment at the School.
        8. A creator has any question about ownership or other rights in the IP.

In the case of a group IP project, all those in the group shall be named in the report and if the report contains an initial proposal for the disposition of rights and proceeds, all members of the group shall sign.

B. Determination process.

When a report is required under Section III.A. and no agreement with the creator(s) is reached, the Executive Director, in consultation with the creator(s) and appropriate administrators, shall make a determination whether the IP involves a functional or identity interest; whether its creation involves exceptional use of School resources; or whether the work is created within the scope or course of employment of a staff member at the School. The Executive Director shall make a determination of ownership of the IP and associated intellectual property rights, responsibilities, and use rights of the School and the creator(s), and, if appropriate, how the School will recoup its costs and share in financial gains from the IP. This determination shall be made in a timely manner. In all cases, the Executive Director will be guided by the principles set forth in this policy and the creator(s) will be given an opportunity to explain the situation or proposal and recommend terms for ownership, responsibilities, use rights, risks, and financial arrangements.

C. Written Determination

The Executive Director’s determination shall be made in writing and signed by the Executive Director. The determination shall contain provisions outlining the allocation of ownership, interests, use rights, responsibilities, risks, and a mechanism for the sharing of net proceeds, if any, and other rights between the creator(s) and the School. The Executive Director will cause the written determination, once made, to be delivered promptly to the creator(s). The determination, bearing the date on which it was delivered to the creator(s), shall be filed with and maintained in the Business Office of the School. The determination shall become final and shall be binding on the creator(s) and the School unless, within thirty (30) days of the date on which the Executive Director has delivered the determination to the creator(s), the creator(s) file a notice of appeal of the Executive Director’s determination with the Executive Director.

D. Appeals

On receipt of a notice of appeal, an ad hoc committee of MSSM faculty or staff members shall be formed by a board member appointed by the chair of the Board of Trustees, not including the Executive Director, faculty representative, or student representative. The ad hoc committee shall be comprised of one individual selected by the Executive Director, one individual selected by the creator(s), and the appointed board member. The committee shall review the Executive Director’s determination, the position of the Executive Director and the creator(s), and the relevant facts and circumstances surrounding the IP, and will make a written recommendation to the Board of Trustees not later than sixty (60) days following the date of receipt of the notice of appeal. The Board of Trustees, after review of the recommendation of the ad hoc committee, shall issue a determination within thirty (30) days of receipt of the ad hoc committee recommendation. The Board of Trustees’ determination will be filed with the Business Office of the School and a copy will be delivered to the creator(s). This determination of the Board of Trustees will be final and will be binding upon the School and the creator(s).

E. Time

The Board of Trustees, on application by either the Executive Director or the creator(s) or on the Board of Trustees’ independent initiative, shall have the authority to modify the time requirements of this Section III for good cause.

F. Executive Director as Creator

In the event that the Executive Director is a creator or co-creator of IP as to which no agreement has been reached and which requires a determination under this Section III, the process described in subsections A, B, C, D, and E of this Section III shall not apply as to that IP. The determination shall instead be made by the Chair of the Board of Trustees of the School. The Chair’s determination, when ratified by majority vote of the Board of Trustees, shall be final and shall be binding upon the creator(s) and the School.

IV. Transfer of Rights to the School:

The School anticipates that even when IP is clearly the property of individuals, those individuals may wish to transfer rights to the School in exchange for help in developing; disseminating; or protecting their creations. Requests by members of the School community for such an exchange will be addressed on a case-by-case basis. As stated in II.A., faculty members grant a non-exclusive perpetual license to the School to use and modify curricular and instructional materials developed at the School.

V. Time Spent on IP Production Not for the School:

IP developed by students, faculty, and staff members without the use of School resources or outside the scope or course of employment at the School is not governed by this Policy, unless it involves an identity interest of the School. For instance, a report provided to another organization in a consulting role is IP created through outside employment. Faculty members should be guided in accepting any outside employment by the Faculty Handbook. Staff members should be guided by MSSM policies on conflict of interest and outside employment as outlined in the Employee Handbook.

VI. Application of this Policy, Effective Date, Registry of Agreements, and Determinations.

A. Faculty and School Staff

This Intellectual Property Policy applies to and is binding upon members of the faculty and upon members of the School staff by reason of their employment at Maine School of Science and Mathematics (MSSM). Unless otherwise provided in writing, the terms, conditions, and provisions of this Intellectual Property Policy shall be deemed to survive termination of employment and shall continue to apply to any IP created, in whole or in part, by a member of the faculty or a member of the School staff while employed by the School. As used in this policy, the term “faculty” shall mean full-time and adjunct instructors of the School, and the term “School staff” shall mean the administrators and all non-faculty employees of the School.

B. Students

This Intellectual Property Policy applies to and is binding upon students as an element of the contract between the student and MSSM. Unless otherwise provided in writing, the terms; conditions; and provisions of this Intellectual Property Policy shall be deemed to survive the student’s graduation or other termination of the contract between the student and MSSM and shall apply to any IP created, in whole or in part, by a student while enrolled at the School.

C. Effective Date

This Intellectual Property Policy shall become effective upon adoption by the Board of Trustees. This policy shall apply to IP created, in whole or in part, by members of the Faculty, members of the School staff, and students on or after the date of adoption by the Board of Trustees.

D. Registry of Agreements and Determinations

The Business Office of the School shall maintain a registry of all agreements and final determinations pertaining to Intellectual Property to which this Policy applies. All agreements between the creator(s) and the School pertaining to ownership, rights, duties, and obligations of each IP to which this Policy applies and all final determinations made pursuant to Section III of this Policy shall be deposited in said registry and retained by the Business Office.

  • Implementation: May 26, 2015
  • 1st Reading: May 31, 2015
  • 2nd Reading: December 5, 2015

Section F: Facilities Development

Section G: Personnel

GBEC - Drug Free Workplace

CODE: GBEC

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

DRUG FREE WORKPLACE

The MSSM Board of Trustees recognizes that alcoholism and drug dependency are treatable diseases. Left untreated, they may result in serious personal and family problems. At the same time, the Board of Trustees is also seriously concerned about the effects of alcohol and drug dependency upon an employee’s job performance and ability to serve as a role model for our students.

The Board of Trustees believes strongly that all employees and students should be able to work and learn in an environment free from alcohol and drug abuse. Accordingly, the Board of Trustees expects all employees to report for work and to perform their duties in a manner that does not jeopardize the health, safety, and well-being of co-workers and students.

No employee shall distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, malt beverage, or fortified wine or other intoxicating liquor. Nor shall an employee unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, or any other controlled substance (as defined in Schedules I through V of section 202 of the Federal Controlled Substance Act [21 USC §812]; by regulation at 21 CFR, §1300.11 through 1300.15; and in 17-A MRSA, §1101). This applies before, during, and after school hours, at School, or in any other School location, defined as follows:

“School location” means in any School building or on any School premises; in any School-owned vehicle or in any other School-approved vehicle used to transport students to and from School or School activities; off School property at any School- sponsored or School-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the School; or during any period of time such employee is supervising students on behalf of the School or otherwise engaged in School business.

Any employee who suspects that he/she may have an alcohol or drug dependency problem is strongly encouraged to contact his/her supervisor to seek voluntary diagnosis and treatment. The employee will be provided confidential referral services to an outside agency upon request and assisted in determining the extent to which insurance coverage to help pay for such services is available. All voluntary referrals shall be kept confidential.

Any illegal use, possession, furnishing, selling, or provision of assistance in obtaining alcoholic beverages or scheduled drugs not covered by the preceding paragraph may, depending upon the circumstances, constitute sufficient grounds for discipline, up to and including dismissal. Referrals under foregoing paragraphs of this policy will not preclude disciplinary action under this paragraph, depending on the circumstances.

As provided in the Drug-Free Workplace Act of 1988, any employee is required to notify the School of a criminal or civil conviction for a drug violation occurring in the workplace no later than five calendar days after such conviction. In turn, the Executive Director, within 10 calendar days of learning of such a conviction, is to give written notification to the U.S. Department of Education and to any other federal agency from which the School receives grant funds.

Appropriate disciplinary sanctions shall be taken against any employee who violates the terms of this drug and alcohol policy, up to and including dismissal.

Implementation

The Executive Director shall be responsible for developing and administering appropriate procedures to implement this policy.

Communication

A copy of this policy is to be given or mailed to all current employees and to new employees at the time of their employment and is to be posted in appropriate locations throughout the School.

Legal Reference:

              • 20 U.S.C. §7101 et seq. (Safe and Drug-Free Schools and Communities Act)
              • 21 U.S.C. §812 (Controlled Substances Act)
              • 21 C.F.R. §1300.11-1300.15
              • Fed. P.L. 101-226
              • 17-A MRSA §1101

Cross Reference:

              • JICH - Drug and Alcohol Use by Students
              • AACC-R - Trafton Housing Procedure
  • Implemented: November 28, 2013
  • 1st Reading: December 7, 2013
  • 2nd Reading: March 15, 2014

GBO - Sick Leave

NEPN/NSBA Code: GBO

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

SICK LEAVE

MSSM has established a Sick Leave policy for regular full-time and part-time employees to lessen the financial burden incurred during such necessary periods of personal or family injury or illness.

Cognizant that employees periodically are absent from work through no fault of their own, school policy requires that each employee notify Administration of his/her absence or tardiness, no later than thirty minutes beyond the scheduled start time. In order to maintain proper records, non-exempt employees should record their absences and/or tardiness on their time record each week. Exempt employees should record their absences on a Monthly Absentee Record and submit the record to Administration by the fifth day of each month for absences incurred during the previous month.

One day of sick time (eight hours for hourly employees) per month worked will accrue for each regular, full-time employee at the completion of the introductory period. Part Time employees will accrue sick time on a prorated basis. Employees may not use this benefit during their initial introductory period. Any unused sick leave will be carried forward into the next year, not to exceed 120 days (960 hours) accrual. Any sick leave taken after an employee’s sick time has been exhausted will be without pay. Employees shall not be compensated for sick leave upon separation from employment.

Sick leave may be used for personal illness or physical incapacity of such a degree as to render the employee unable to perform the duties of his/her position or for personal medical or dental appointments. An employee may be eligible for paid sick leave when there is a sickness or disability involving a member of the immediate family, which requires the employee’s personal care and attendance, provided that requiring the employee to report to work would cause a serious hardship on the member of the immediate family suffering from the illness or disability. The determination as to whether or not there exists a hardship and amount of sick leave that may be used for this purpose shall be at the sole discretion of Administration. Administration may require medical certification of the need for sick leave any time that they deem appropriate.

MSSM expects their employees to be at work on a regular basis. Absent employees place a heavier burden on co-workers and supervisors to meet job responsibilities. Excessive absenteeism, therefore, is not condoned and can be a reason for termination.Certain conditions may be reason for discontinuance of sick time payments such as:

      • Refusal or deliberate avoidance of periodic physical examinations by the employee’s physician;
      • Willfully and knowingly submitting false information concerning the employee’s reason for requiring time off; and
      • Refusal or failure to provide the school with adequate documentation explaining absences.
  • Implementation Date: November 29, 2012
  • 1st Reading: December 1, 2012
  • Adopted: March 16, 2013

GCBD - Room and Board Waiver

CODE: GCBD

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

ROOM AND BOARD WAIVER

The Maine School of Science and Mathematics (MSSM) recognizes that employees want the finest education for their dependents. Therefore, MSSM will provide full-time employees with a waiver for their dependents to attend MSSM. Employees’ dependents will have to apply and meet eligibility requirements as any other applicant and reside in the dormitory to qualify for the waiver.

MSSM will provide up to five (5) fee waivers annually for accepted dependents of full-time MSSM faculty and staff. Should more than five (5) dependents apply for this benefit in a single year, the fee waiver will be prorated equally among the affected dependents. This benefit shall not exceed the total of five (5) room and board expense equivalents (e.g., Fiscal Year 2014 fees $8,450 x 5 = $42,250).

  • Implementation: July 3, 2014
  • 1st Reading: Sept. 6, 2014
  • 2nd Reading: March 14, 2014

GCCAF - Professional Development Leaves

CODE: GCCAF

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

PROFESSIONAL DEVELOPMENT LEAVES

DEFINITIONS

For purposes of this policy:

      1. Sabbatical Leave shall be defined as a leave where the employee is absent from work while the employee pursues professional development.
      2. Professional Development Leave shall be a leave where the employee is expected to work part-time and spend the remainder of the time in professional development pursuits.

SABBATICAL LEAVE

Sabbatical leave may be granted to an employee for study related to her/his field, or for travel related to her/his field, or for other reasons of value to the School. All leave requests are subject to the approval of the Board and subject to the following conditions:

      1. Sabbatical leave shall be granted to a maximum of two (2) employees at any one time.
      2. Notice of intent to apply for sabbatical leave must be received by the Executive Director in writing no later than December 15th of the School year preceding the year of such leave. The employee must submit the application no later than February 1 and shall also complete said School year. Action shall be taken by the Board on all such requests no later than April 1 of the School year prior to the School year for which the sabbatical leave is requested. The Executive Director shall meet with the sabbatical leave applicant prior to making recommendation to the Board for approval. The purpose of this meeting is to review the application prior to the submission of said application to the Board.
      3. The employee requesting sabbatical leave has completed at least five (5) consecutive full-time school years of service in the School since hiring or since her/his last prior sabbatical leave, if any.
      4. Within ten (10) days from the Board’s decision, written notification of such decision shall be sent to the applicant. Reasons shall be provided to the applicant in writing if the sabbatical leave request is denied.
      5. An employee on sabbatical leave shall be paid by the Board at fifty percent (50%) of the wage or salary rate which she/he would have received if she/he had remained actively employed by the Board.
      6. Health Insurance will continue to be paid during the period of leave at the rate that would have been paid if the employee had remained actively employed by the Board. This does not preclude the possibility of the employee requesting a different plan, but compensation will not exceed what was applied for when sabbatical was originally requested.
      7. Upon return from sabbatical leave, an employee shall be placed on the salary schedule at the level which she/he would have attained had she/he remained actively employed in the School during the period of her/his absence.
      8. Before receiving sabbatical leave under the provision of this policy, the employee shall agree in writing with the Board that she/he will return to the School for a period of not less than two (2) years for a full time sabbatical and not less than one (1) year for a half time sabbatical, and also that, in the event of breach of such agreement, she/he will repay the Board all sums advanced for her/his Sabbatical leave, in proportion to the fulfillment of her/his two (2) year reemployment commitment. The teacher shall be released from such payment if his/her failure to serve the time as stipulated is due to illness, disability, death, or if he/she is discharged (unless discharged for cause) from his/her position by the Board or Executive Director.

Professional Development Leave

      1. Professional development leave without pay for a maximum of two (2) years may be granted to any non-probationary employee who joins Peace Corps, VISTA, National Educators Corps, or who serves as an exchange educator or overseas educator, or who accepts and participates in a Fulbright Scholarship, or pursues other professional development opportunities. Leaves granted under this Section shall count as time in service up to a maximum of two (2) years for purposes of applications for sabbatical leave.
      2. A leave of absence without pay shall be granted to any employee for military service.
      3. The Board may grant any employee a leave of absence without pay and without forfeiture of other accumulated benefits to fulfill the duties of a State Legislator provided written notice of intent to become a candidate for the Legislature is given to the Executive Director by March 1st 68 preceding the election.
      4. All requests for leaves, extensions, and renewals thereof shall be applied for in writing to the Executive Director no later than December 15th of the School year preceding the year of such leave. The employee must submit the application no later than February 1 and shall also complete said School year. All requests shall be answered in writing by April 1st 73 of said School year. Reasons shall be provided to the applicant in writing if the professional development leave request is denied.
      5. All individuals granted leave shall notify the Executive Director of their intent to return no later than six months preceding their return (unless waived by the Executive Director.)
      6. An employee will not accrue additional benefits while on professional development leave and may elect to continue his/her insurance plans by paying the full cost of the premiums.
  • Implementation: May 8, 2014
  • 1st Reading: May 23, 2014
  • 2nd Reading: Sept. 6, 2014

GCFB - Recruiting and Hiring of Administrative Staff

CODE: GCFB

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

RECRUITING AND HIRING OF ADMINISTRATIVE STAFF

In response to An Act to Promote Equity of Opportunity for Women in Administrative Positions in the Public School System (PL 1989, Chap. 889), the Board of Trustees affirms its commitment to the strict prohibition of discrimination in employment on the basis of race, national origin, religion, sex, age, or disability, and to the principle of affirmative action to obtain wide and representative candidate pools.

In accordance with 20-A MRSA, §1001(13), the Executive Director shall prepare a procedure designed to ensure nondiscriminatory practice in recruitment and hiring for all positions, as well as to result in selection of the most qualified candidates. This procedure shall be attached hereto as GCFB-R, and shall be reviewed periodically.

Moreover, upon each occasion of administrative vacancy, the Executive Director shall review the procedure and make appropriate adaptations as may be warranted by special circumstances. In the case of a vacancy in the Executive Director position, the Board of Trustees shall review the procedure, adapting as appropriate.

Legal Reference:

              • 5 MRSA § 4576
              • 20-A MRSA §§ 6, 254 (8-10), 1001(13), 4502(4-A), 13011(6),
              • 13019-B, 13019-C

Cross Reference:

              • AC - Nondiscrimination/Equal Opportunity and Affirmative Action
              • GBJC - Retention of Application Materials
              • GCFB-R - Recruiting and Hiring of Administrative Staff
              • Administrative Procedure

  • Implemented: December 5, 2013
  • 1st Reading: March 15, 2014
  • 2nd Reading: May 23, 2014

GCFB-R - Recruiting and Hiring of Administrative Staff Procedure

CODE: GCFB-R

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

RECRUITING AND HIRING OF ADMINISTRATIVE STAFF ADMINISTRATIVE PROCEDURE

These procedures implement policy GCFB and are designed to establish a thorough, efficient, and nondiscriminatory practice for the recruiting and hiring of the most qualified candidates for administrative positions.

A. Job Description Development/Review

To ensure that a written role description of the vacant position accurately represents the current functions and needs, the Executive Director (the Board of Trustees in an Executive Director search) is to:

      1. Conduct a review of (if none exists, develop) the job description, with input from persons affected by the position;
      2. Include the criteria (skills, knowledge, abilities) required to perform the duties/responsibilities of the position; and
      3. List the minimum qualifications (training, education, and experience) for the position.

B. Recruitment

To attract a strong pool of qualified candidates, the Executive Director or designee is to advertise (except in the circumstances described in K below) by:

      1. Posting notice of the vacancy for a minimum of three days within the School;
      2. Placing a display advertisement in appropriate print media, considering at least one appearance in a major Maine weekend or Sunday newspaper;
      3. Posting notice of the vacancy in the Employment section of the School website; and
      4. Identifying and notifying other possible sources of potential candidates, such as professional associations, educational administration programs, and placement offices at colleges and universities in Maine and other states.

C. Screening

To ensure that a fair and efficient screening process will occur, the Executive Director or designee is to:

      1. Ensure that all applications are reviewed by more than one individual, with attention given to an unbiased regard for the criteria and qualifications in the job description;
      2. Appoint a screening panel with representation as deemed appropriate to the particular vacancy;
      3. Provide orientation on confidentiality and equity issues to screener
      4. Eliminate all candidates who do not meet the minimum qualifications;
      5. Conduct preliminary reference checks, as appropriate;
      6. Select candidates for interview based on the degree to which they meet the criteria and demonstrate the skills, knowledge, and abilities outlined in the job description; and
      7. Notify applicants not selected for interview.

D. Interviewing

To ensure that the interview process will be conducted in a legal and proper manner, the Executive Director is to:

      1. Appoint an interview panel (may be the same persons who serve the screening function) with representation as deemed appropriate to the particular vacancy;
      2. Provide orientation on the process including the function and extent of responsibility of the panel, the weighting of criteria, and the nomination/hiring procedure; and
      3. Conduct training to ensure that panel members are aware of the legal aspects of interviewing, including confidentiality and equity issues.

The interviewing panel is to:

      1. Design interview questions which match the criteria and the duties/responsibilities outlined in the job description; and
      2. Provide equal opportunity for the candidates to respond to the same questions/questioners.

E. Selection

The interview panel is to:

      1. Individually assess the candidates according to their answers to the job description-related questions, rating and commenting on each using a specially prepared form corresponding to the questions/criteria; and considering the candidate’s background and experience.
      2. Submit a report to the Executive Director, including the individual rating forms as well as a list (usually 2 to 4) of candidates to be considered further for the position.

The Executive Director is to:

      1. Have reference contacts made, as appropriate, to check perceived strengths and weaknesses of the candidates;
      2. Review the material on the finalist candidates to determine whether additional information is needed;
      3. Conduct final interviews of any or all finalists, as deemed necessary;
      4. Select the most qualified candidate who fits the criteria and the duties/responsibilities outlined in the job description, based on his/her own professional judgment along with those of the interview panel (or, reject all finalists, reopen the position and begin the process anew); and
      5. Have any further reference checks made, as appropriate.

F. Nomination/Employment

The Executive Director is to:

      1. Notify and obtain agreement of the successful candidate;
      2. Inform the interview panel; and
      3. Employ the successful candidate in accordance with state law and local policies.

G. Notification

The Executive Director will:

      1. Notify the nominee and employ the administrator; and
      2. Notify the other candidates interviewed.

H. Orientation and Support

To ensure that the new administrator is provided with the proper information about the system and job expectations, the Executive Director is to provide an orientation that includes expectations of the duties/responsibilities of the position along with the policies and procedures of the School.

I. Record Keeping

To ensure that the confidentiality of employee and applicant records are properly maintained, the Executive Director is to provide for the maintenance in secure files of all applications and documentation of the hiring, screening, and interviewing process for a period of three (3) years.

J. Confidentiality

To ensure that confidentiality is maintained throughout and permanently following the hiring process, the Board of Trustees, all employees involved, and any other participants are to maintain absolute confidentiality about candidates, including names, in accordance with state law (20-A MRSA § 6101). The Board of Trustees is to assume responsibility through the Executive Director for providing adequate orientation at appropriate stages of the process, including at the completion.

K. Hiring of Current Employees

The School may forego one or more of the steps set forth in sections B-E of this procedure and appoint a person who is currently employed by the School to fill an administrative position only if the Executive Director, or the Board of Trustees in an Executive Director search, determines that the following circumstances exist:

      1. The currently employed candidate is exceptionally well qualified for the position; and
      2. The decision to forego all or part of the recruitment and screening process will not detract from the goals of this policy.


Legal Reference:

              • 5 MRSA § 4576
              • 20-A MRSA §§6, 254 (8-10), 1001 (13), 4502 (4-A),
              • 12011 (6), 13019-B, 13019-C

Cross Reference:

              • AC – Nondiscrimination/Equal Opportunity and Affirmative Action
              • GBJC – Retention of Application Materials
              • GCFB – Recruiting and Hiring of Administrative Staff
  • Implemented: January 2, 2014
  • 1st Reading: March 15, 2014
  • 2nd Reading: May 23, 2014

GCF-R - Instructor Qualifications Procedure

CODE: GCF-R

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

INSTRUCTOR QUALIFICATIONS PROCEDURE

PREAMBLE

Whereas The Maine School of Science and Mathematics (MSSM) is created a magnet school by the Legislature, and;

Whereas Title 20-A §8203(2) defines a magnet school as a school that may establish rules and regulations that delete, modify, or add to the rules and regulations of the Maine Department of Education, and;

Whereas the curriculum of MSSM is designed to exceed existing state educational standards;

Then, the Executive Director of the Maine School of Science and Mathematics hereby adopts the following procedure for instructor qualifications:

PROCEDURE

I. Definition

      1. Instructor – An employee at MSSM, part-time, volunteer, or full-time, who is actively in a teaching role.
      2. Residential Instructor – An employee at MSSM who lives in the dormitory and whose primary role is to supervise the well-being, safety, life skills, and recreational opportunities for the students.
      3. Nurse – a registered nurse employed by MSSM whose primary duty is to oversee the health and well-being of the student body.
      4. Highly Qualified Instructors – Instructors meeting the requirements outlined in Section II shall be deemed highly qualified for federal reporting purposes.

II. Instructor Qualification

      1. Instructors at MSSM are required to have at a minimum an undergraduate degree in the primary content area of instruction or a reasonably related degree plus additional qualifications as listed in B below. It is preferred that instructors hold an advanced degree in the primary content area of instruction or a reasonably related degree.

Residential instructors at MSSM are required to have at a minimum an undergraduate degree in the content area of instruction or a reasonably related degree/experience.

The School nurse at MSSM is required to be a registered, professional nurse in accordance with Title 32 MRSA Chapter 31.

      1. Instructors with an undergraduate degree in the primary content area or a reasonably related degree may substitute experience in their content area for a graduate degree. That experience may include:
            1. Significant professional experience related to content taught;
            2. Additional scholarship above the requirements of an undergraduate degree;
            3. Awards, recognition, and scholarship in content area (e.g. teaching award, national recognition, peer-reviewed publications, federal and/or state Department of Education Distinguished Educator, patents, professional licensure, etc.);
            4. For world language classes, native language speakers; or
            5. Other relevant experience or knowledge.


III. Credential Analysis

      1. Credential analysis and transcript analysis shall be performed by the Dean of Faculty/designee before referral to the hiring committee.
      2. The COO/designee shall conduct a background investigation. This shall be done prior to the offer of employment.
      3. The Dean of Faculty/designee shall give the hiring committee only applications of candidates whose credentials appear to meet the position requirements.

IV. Professional Development and Evaluation – Instructors shall maintain their credentials through compliance with GCI – Professional Staff Development Opportunities and GCOA – Supervision and Evaluation of Instructors.

Cross Reference:

              • GCI – Professional Staff Development Opportunities
              • GCOA – Supervision and Evaluation of Instructors
  • Implemented: March 5, 2015
  • 1st Reading: March 14, 2015
  • 2nd Reading: May 31, 2015

GCI - Professional Staff Development Opportunities

CODE: GCI

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

PROFESSIONAL STAFF DEVELOPMENT OPPORTUNITIES

The Board of Trustees recognizes the importance of developing, maintaining, and extending the skills of employees and encourages them to engage in programs and activities that will lead to their professional growth and increased competence. The Executive Director is authorized to initiate programs and activities that are designed to serve the following purposes:

      1. To provide a structure through which employees can stay abreast of new developments in their areas of specialty;
      2. To familiarize employees with new research and innovative teaching methods;
      3. To assist employees in the process of professional growth and School improvement; and
      4. To facilitate the development, implementation, and evaluation of new programs for staff development.

Within budgetary limitations, visitations and attendance at conferences may be approved by the Executive Director in accordance with Board of Trustees policy.

  • Implemented: April 24, 2014
  • 1st Reading: May 23, 2014
  • 2nd Reading: Sept. 6, 2014

GCOA - Supervisors and Evaluations of Instructors

CODE: GCOA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

SUPERVISION AND EVALUATION OF INSTRUCTORS

It is incumbent upon this Board of Trustees to ensure that sufficient administrative time and energy are expended to supervise (observe and assist) and evaluate (measure and assess) instructors. A well-planned and systematic program of supervision and evaluation of instructor performance is vital to the ongoing improvement of the instructional program. The evaluation program shall address all aspects of teaching performance and recognize that the fulfillment of student needs is of primary importance.

This policy shall apply to full-time or adjunct instructors for each course. This policy shall not apply to summer camp or other outreach programs.

The Executive Director shall be responsible for development, implementation, and periodic review of a comprehensive program of supervision and evaluation. The program shall specify minimum standards for the number and frequency of formal performance reviews, with the understanding that probationary instructors require closer support and more frequent performance reviews.

    1. Evaluative criteria shall be in written form and made permanently available to the instructor
    2. Evaluations shall be made by an immediate supervisor or administrator;
    3. Results of the evaluations shall be in writing and shall be discussed with the instructor;
    4. The instructor being evaluated shall have the right to attach a memorandum to the written evaluation; and
    5. Results of all evaluations shall be kept in confidential personnel files maintained at the Executive Director’s office.

In keeping with the Board of Trustees’ goal of employing the best qualified instructors to provide quality education for all students, all instructors shall participate fully in the evaluation process, self-appraisal, and continuous improvement of professional skills.

The Executive Director shall involve instructors in the development and periodic review of the supervision and evaluation program.

Legal Reference:

              • 20-A MRSA §§ 1055, 13802
  • Implemented: April 24, 2014
  • 1st Reading: May 23, 2014
  • 2nd Reading: Sept. 6, 2014

GCOC - Evaluation of Employees

CODE: GCP

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

REDUCTION IN FORCE

A. Purpose

A reduction in force (or layoff) is an action to reduce the number of employees at the School, overall. A layoff may become necessary due to reduced funding, reorganization, changed workload, or the cancellation, amendment, or completion of a grant or contract.

It is the policy of the School that employees are to be laid off only after examining all other available alternatives; including separation of temporary employees, delay in the filling of vacant positions, position re-design, or re-organization. When facing the layoff of an employee, MSSM is obligated to make every effort to place that employee prior to the effective date of layoff. Responsibility for the decision as to which employee(s) must be separated is with the Executive Director.

To avoid delays in processing, the Director of Human Resources shall be notified in a timely manner prior to the anticipated separation of an affected employee by layoff.

The last day the employee works is the effective date of a layoff. An employee separated by layoff is paid for accumulated vacation leave in the same manner as other separations. In addition, the employee may be eligible for other benefits as described in this policy.

B. Eligibility

This policy applies to permanent MSSM employees who have completed their probationary periods (full-time and part-time regularly scheduled to work 20 or more hours each work week) and to employees in probationary periods who have completed at least six months of their contract.

Temporary employees, employees with time-limited appointments, permanent employees scheduled less than 20 hours per week, and probationary employees who have completed less than six months of their contact may be separated without following this policy and are not eligible for re-employment preference.

C. Identifying Employees for Layoff

A layoff decision requires a thorough evaluation of the need for specific positions and the relative qualifications of employees so the School can provide the highest level of service possible with a smaller work force.

Normally, the level at which this review should occur is the School as a whole.

When identifying employees for layoff, administration must consider the following factors:

      1. The position classification(s) affected,
      2. The appointment type of each employee,
      3. The relative performance of employees in affected classification(s),
      4. Length of total service

The source of funds is not a relevant factor in determining the appropriate employee to be laid off. For example, if the position is grant-funded and the grant is ending, it does not necessarily mean that the incumbent of the grant-funded position should be the employee laid off. The overall performance rating must be applied, without regard to funding source.

Position Classification: For the purpose of determining which employee(s) will be affected by a layoff, comparisons will be made between employees with the same or closely related classification titles. A position classification title is closely related to the targeted position if there is a reasonable skills transfer.

Type of Appointment: Once the relevant jobs for the layoff have been determined, the Executive Director shall make a decision as to which employee(s) are designated for layoff. The factor which shall be considered first is type of appointment. Permanent employees must be retained over employees with temporary, probationary, and time-limited appointments.

Relative Performance: The primary component of determining the relative performance of employees shall be the most recent annual overall performance rating.

Other components of determining relative performance are:

      1. The existence of an active disciplinary action for either job performance or personal conduct;
      2. The presence of performance-related prizes, awards, or commendations awarded on a School basis;
      3. Documented performance difficulties communicated to the employee, but not rising to the level of disciplinary action;
      4. Any other documented indicator of performance.

The Executive Director is responsible for making the layoff decision using all of the above factors. It is policy that relative performance be accorded the most weight in making this decision.

Length of Service: Length of total service may become a differentiating factor in the decision to separate an employee, particularly where other criteria are substantially equivalent.

D. Requesting Layoff Approval

The Executive Director should notify the Director of Human Resources of the proposed layoff. The request should be reviewed by HR before any layoff action should be taken. The written request must contain the following information:

      1. The reason(s) for the layoff
      2. Anticipated date of separation,
      3. Name(s) of the employee(s) to be laid off and justification for the decision,
      4. A listing of all vacant positions in the School which are the same or closely related,
      5. Status of recruitment activity for vacant positions which are the same or closely related,
      6. What efforts were made to avoid the layoff of the selected employee,
      7. A brief explanation why action other than layoff is not possible.

E. Notifying Employees to Be Laid Off

After notifying Human Resources, the HR department must provide the following information, in writing, to the employee(s) being laid off at least 30 calendar days or in accordance with the employment contract before a layoff occurs:

      1. The reason for the layoff (e.g., reduced funding, reorganization, changed workload, or the cancellation, amendment, or completion of a grant or contract);
      2. The effective date of the layoff (the employee must receive the notification at least 30 calendar days prior to the effective date);
      3. Instructions to contact the Office of Human Resources to obtain necessary information on:
        1. Retirement system membership and benefit continuation options, including unemployment insurance eligibility;
        2. Completion of necessary forms;
        3. The availability of aid in seeking other employment

F. Reduction in Hours for a Position

In the event that the Executive Director wishes to make a permanent reduction in hours for a currently full-time permanent employee, there are two options: reduce the employee's hours or a complete layoff. However, the employee makes the choice.

The HR department must present the employee (in writing and orally) with the choice of either a reduction in hours or a complete layoff. A permanent reduction in hours shall include a corresponding reduction in pay and a possible reduction in benefits

The Executive Director shall provide the employee with a reasonable amount of time to consider the decision of a a reduction in hours or to be laid off.

If the employee agrees to a reduction in hours, the HR department must draft a letter outlining the changes that are proposed. This shall include new salary or wage rate, new leave earnings, and the effect this reduction will have on the employee's benefits. The letter must be signed by the affected employee to show that all information was conveyed.

The change in hours can be made effective immediately; there does not have to be a 30-day advance written notice to make this change if the employee has agreed to it.

If the employee does not wish to accept a reduction in hours, with the accompanying changes to salary and benefits, then the employee shall be laid off according to the process outlined in this policy.

G. Priority Reemployment Consideration

An employee who will be separated due to a layoff is eligible for priority reemployment consideration. Permanent employees who are separated by a layoff are eligible to receive preferred reemployment for a period of twelve months from the date they receive written notification of the layoff decision.

When competing with external applicants who are not current employees, layoff candidates shall be selected for open positions, if qualified, as long as they are able to perform the essential functions of the position within a reasonable length of time, including normal orientation and training given to any new employee. The hiring department may select a current School employee over a layoff candidate if the current employee is better qualified.

After the approval of a layoff request, the Office of Human Resources will contact the layoff candidate to schedule an information session. At the information session, HR will explain the layoff policies and benefits available to the employee.

Through the monitoring of lists of priority candidates maintained by the Office of Human Resources, an employee will be considered for any available vacant position for which he/she qualifies and will be notified of all internal postings.

Preferred status will end when an employee declines an interview or an employment offer for a position substantially equivalent to their previous position or which offers a higher rate of pay.

H. Abolishment of Position

When an employee is laid off due to lack of work or a loss of funds, it is expected that the School will abolish the employee's position.

  • Implemented: February 1, 2016
  • 1st Reading: March 5, 2016
  • 2nd Reading: May 27, 2016

GCP - Reduction in Force - Employees

CODE: GCP

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

REDUCTION IN FORCE

A. Purpose

A reduction in force (or layoff) is an action to reduce the number of employees at the School, overall. A layoff may become necessary due to reduced funding, reorganization, changed workload, or the cancellation, amendment, or completion of a grant or contract.

It is the policy of the School that employees are to be laid off only after examining all other available alternatives; including separation of temporary employees, delay in the filling of vacant positions, position re-design, or re-organization. When facing the layoff of an employee, MSSM is obligated to make every effort to place that employee prior to the effective date of layoff. Responsibility for the decision as to which employee(s) must be separated is with the Executive Director.

To avoid delays in processing, the Director of Human Resources shall be notified in a timely manner prior to the anticipated separation of an affected employee by layoff.

The last day the employee works is the effective date of a layoff. An employee separated by layoff is paid for accumulated vacation leave in the same manner as other separations. In addition, the employee may be eligible for other benefits as described in this policy.

B. Eligibility

This policy applies to permanent MSSM employees who have completed their probationary periods (full-time and part-time regularly scheduled to work 20 or more hours each work week) and to employees in probationary periods who have completed at least six months of their contract.

Temporary employees, employees with time-limited appointments, permanent employees scheduled less than 20 hours per week, and probationary employees who have completed less than six months of their contact may be separated without following this policy and are not eligible for re-employment preference.

C. Identifying Employees for Layoff

A layoff decision requires a thorough evaluation of the need for specific positions and the relative qualifications of employees so the School can provide the highest level of service possible with a smaller work force.

Normally, the level at which this review should occur is the School as a whole.

When identifying employees for layoff, administration must consider the following factors:

      1. The position classification(s) affected,
      2. The appointment type of each employee,
      3. The relative performance of employees in affected classification(s),
      4. Length of total service

The source of funds is not a relevant factor in determining the appropriate employee to be laid off. For example, if the position is grant-funded and the grant is ending, it does not necessarily mean that the incumbent of the grant-funded position should be the employee laid off. The overall performance rating must be applied, without regard to funding source.

Position Classification: For the purpose of determining which employee(s) will be affected by a layoff, comparisons will be made between employees with the same or closely related classification titles. A position classification title is closely related to the targeted position if there is a reasonable skills transfer.

Type of Appointment: Once the relevant jobs for the layoff have been determined, the Executive Director shall make a decision as to which employee(s) are designated for layoff. The factor which shall be considered first is type of appointment. Permanent employees must be retained over employees with temporary, probationary, and time-limited appointments.

Relative Performance: The primary component of determining the relative performance of employees shall be the most recent annual overall performance rating.

Other components of determining relative performance are:

      1. The existence of an active disciplinary action for either job performance or personal conduct;
      2. The presence of performance-related prizes, awards, or commendations awarded on a School basis;
      3. Documented performance difficulties communicated to the employee, but not rising to the level of disciplinary action;
      4. Any other documented indicator of performance.

The Executive Director is responsible for making the layoff decision using all of the above factors. It is policy that relative performance be accorded the most weight in making this decision.

Length of Service: Length of total service may become a differentiating factor in the decision to separate an employee, particularly where other criteria are substantially equivalent.

D. Requesting Layoff Approval

The Executive Director should notify the Director of Human Resources of the proposed layoff. The request should be reviewed by HR before any layoff action should be taken. The written request must contain the following information:

      1. The reason(s) for the layoff
      2. Anticipated date of separation,
      3. Name(s) of the employee(s) to be laid off and justification for the decision,
      4. A listing of all vacant positions in the School which are the same or closely related,
      5. Status of recruitment activity for vacant positions which are the same or closely related,
      6. What efforts were made to avoid the layoff of the selected employee,
      7. A brief explanation why action other than layoff is not possible.

E. Notifying Employees to Be Laid Off

After notifying Human Resources, the HR department must provide the following information, in writing, to the employee(s) being laid off at least 30 calendar days or in accordance with the employment contract before a layoff occurs:

      1. The reason for the layoff (e.g., reduced funding, reorganization, changed workload, or the cancellation, amendment, or completion of a grant or contract);
      2. The effective date of the layoff (the employee must receive the notification at least 30 calendar days prior to the effective date);
      3. Instructions to contact the Office of Human Resources to obtain necessary information on:
          1. Retirement system membership and benefit continuation options, including unemployment insurance eligibility;
          2. Completion of necessary forms;
          3. The availability of aid in seeking other employment

F. Reduction in Hours for a Position

In the event that the Executive Director wishes to make a permanent reduction in hours for a currently full-time permanent employee, there are two options: reduce the employee's hours or a complete layoff. However, the employee makes the choice.

The HR department must present the employee (in writing and orally) with the choice of either a reduction in hours or a complete layoff. A permanent reduction in hours shall include a corresponding reduction in pay and a possible reduction in benefits

The Executive Director shall provide the employee with a reasonable amount of time to consider the decision of a reduction in hours or to be laid off.

If the employee agrees to a reduction in hours, the HR department must draft a letter outlining the changes that are proposed. This shall include new salary or wage rate, new leave earnings, and the effect this reduction will have on the employee's benefits. The letter must be signed by the affected employee to show that all information was conveyed.

The change in hours can be made effective immediately; there does not have to be a 30-day advance written notice to make this change if the employee has agreed to it.

If the employee does not wish to accept a reduction in hours, with the accompanying changes to salary and benefits, then the employee shall be laid off according to the process outlined in this policy.

G. Priority Re-Employment Consideration

An employee who will be separated due to a layoff is eligible for priority reemployment consideration. Permanent employees who are separated by a layoff are eligible to receive preferred reemployment for a period of twelve months from the date they receive written notification of the layoff decision.

When competing with external applicants who are not current employees, layoff candidates shall be selected for open positions, if qualified, as long as they are able to perform the essential functions of the position within a reasonable length of time, including normal orientation and training given to any new employee. The hiring department may select a current School employee over a layoff candidate if the current employee is better qualified.

After the approval of a layoff request, the Office of Human Resources will contact the layoff candidate to schedule an information session. At the information session, HR will explain the layoff policies and benefits available to the employee.

Through the monitoring of lists of priority candidates maintained by the Office of Human Resources, an employee will be considered for any available vacant position for which he/she qualifies and will be notified of all internal postings.

Preferred status will end when an employee declines an interview or an employment offer for a position substantially equivalent to their previous position or which offers a higher rate of pay.

H. Abolishment of Position

When an employee is laid off due to lack of work or a loss of funds, it is expected that the School will abolish the employee's position.

  • Implemented: February 1, 2016
  • 1st Reading: March 5, 2016
  • 2nd Reading: May 27, 2016

GCSB - Social Media Use by School Employees

CODE: GCSB

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

SOCIAL MEDIA USE BY SCHOOL EMPLOYEES

This policy addresses the personal use of social networking sites (e.g., Facebook, MySpace, LinkedIn, YouTube, Twitter, Flickr, and other web tools) by MSSM employees. “Personal use” does not include the use of social networks between teachers and School administrators for collaboration in curriculum development and instruction or other activities conducted in carrying out their job responsibilities.

MSSM respects the rights of School employees to use social media as a means of communication and self-expression. In doing so, employees should remember that they are role models and that their social media conduct may be viewed as representative of

MSSM. Employees who use social media are expected to maintain a professional demeanor at all times in their postings on social media sites, whether using School-owned or privately-owned technology.

MSSM employees are prohibited from posting word content, images, videos, or other displays or communications on social networking sites that violate FERPA or Board of Trustee policies. Employees should avoid postings that may be perceived as detrimental to his/her effectiveness as an employee or is similarly detrimental to a colleague's ability to fulfill his/her responsibilities, or which could reasonably be expected to result in disruption of the instructional program or the operations of the School.

An employee who is responsible for online content that compromises his/her effectiveness as an employee or is similarly detrimental to a colleague's ability to fulfill his/her responsibilities or which result in disruption of the instructional program or the operations of the School may be subject to discipline, up to and including termination.

Employees shall maintain appropriate employee-student relationships at all times. An employee may communicate personally with an MSSM student through social networking to the extent that the employee and MSSM student and/or campers have a family relationship or other type of appropriate relationship originating outside of the school setting. All other social media communication between employees and MSSM students and/or campers shall take place only via MSSM provided social media outlets.

Employees shall not use social networking to discriminate against, harass, bully, threaten, intimidate, or otherwise discipline students, other employees, Board of Trustee members, or members of the public.

Employees may not use the School’s logo on any social media site without permission from the Executive Director or represent his/her views as those of the Board of Trustees’. Employees will be held responsible for the disclosure, whether purposeful or inadvertent, of confidential student, staff, or other information protected under FERPA, HIPAA, or Title I sec. 400 et seq, or the posting of content of any kind that violates privacy or protected rights.

Employees who use School technology to engage in social networking have no expectation of privacy. MSSM reserves the right to monitor employee use of School technology, including the use of social networking sites. Employees who are uncertain as to whether their postings to social media sites are appropriate or are in compliance with this policy or MSSM guidelines should contact the Executive Director.

Employees whose social network usage is not currently in compliance with this policy shall take action to rectify the matter immediately.

  • Implemented: April 28, 2016
  • 1st Reading: May 27, 2016
  • 2nd Reading:

GDB - Vacations

CODE: GDB

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

VACATIONS

Full time, full year employees with at least six (6) months of continuous service by July 1 shall be entitled to paid vacation during the following twelve (12) months according to the accrual schedule below. Vacation leave shall be taken at such times as approved by the employee’s direct supervisor. Vacation time may not be accumulated or carried forward from one year to the next except as specifically authorized by the Executive Director in writing and no more than 20 days may be carried over. Part-time full year employees shall receive paid vacation on a prorated basis. Full and part-time instructors and other employees working on a school year contract or who are specifically hired for the purposes of summer camp are not eligible for the vacation benefits outlined herein. School year employees work on the basis of a School calendar plus preparation days, unless specified in a separate contract. Vacation eligibility shall be stated in the individual employee contracts.

Vacation Eligibility

For the purpose of this policy only, full-time employees shall be defined as those scheduled for 35 hours per week, or more. The vacation accrual shall be determined by the employee’s primary job function – e.g. an administrator who teaches a course as adjunct faculty or on a voluntary basis shall have her/his vacation determined by her/his administrative position.

Exempt & Non-exempt Status

Employees are either on a salaried or hourly basis in accordance with the Fair Labor Standards Act (FLSA). Employees that are exempt from overtime regulations (“exempt employees”) are paid on a salaried basis; those who are non-exempt are paid on an hourly or salaried basis and are subject to FLSA overtime provisions. All non-exempt employees that are in a position scheduled to work less than forty (40) hours a week and/or less than 12 months a year will be paid on an hourly basis.

Administrative Employees

Administrative Employees are defined, for the purpose of this policy as:

Executive Director

Director of Facilities

Dean of Students/Residential Life

Director of Summer Programs

Dean of Enrollment Management

Director of Information Technology

Chief Operating Officer

Assistant Director of Residential Life

Academic Dean


Vacation Accrual

Vacation is accrued on a fiscal year basis (July 1 through June 30). Employees must be employed six (6) months before requesting vacation. Employees who begin employment after the start of the fiscal year will have vacation time computed on a pro-rated basis. The rate at which vacation will accrue is determined by the employee’s length of service completed on the beginning of each fiscal year. Following is the schedule for accruing vacation:

A. Full-Time Employees

Duration of Employment* 54 Vacation Eligibility 55 Rate of Accrual


0 – 5 years

10 days = 80 hours pay

.8333 days/month

5 -15 years

20 days = 160 hours pay

1.25 days/month

15+ years

15 days = 120 hours pay

1.667 days/month

*Accrual rate changes at the employee’s fifth and fifteenth anniversaries.

B. Part-Time Employees

Vacation hours will be pro-rated according to the above chart by the percentage of hours worked per pay period and/or days worked per year.

C. The Executive Director may, when hiring, negotiate credited service in the initial contract for prior experience.

D. Administrative Employees

Administrators whose contracts are for twelve months accrue twenty days per year. The monthly rate of accrual is 1.667 days. Administrators whose contracts are for less than full-time and/or less than twelve months will receive the above accrual on a prorated basis.

Vacation Approval

Vacation leave may be granted after the start of the fiscal year following the start of employment.

Employees are expected to request vacation at least two weeks in advance. It is in the best interest of the staff and the School that vacation be taken each fiscal year, July 1 through June 30. Compensation shall not be paid in lieu of vacation.

Holidays observed by the School, which fall during a scheduled vacation, are not counted as vacation days. They are paid separately as a paid holiday.

Vacation is paid at an employee’s base pay rate at the time of the absence and will not include any special forms of compensation such as incentives, commissions, bonuses, or shift differentials. Vacation is not counted as hours worked for the payment of overtime.

Termination of Employment

Employees are eligible to receive payment for unused, accrued vacation at the time of termination. Review by the Chief Operating Officer or Executive Director is required prior to payment of any accrued vacation at the time of termination.

Implementation

This policy represents a major change in vacation accrual and use. Employees who have signed their initial contracts prior to July 1, 2014 shall maintain their current privilege of “front loading” their vacation (that is, to use their vacation before being accrued). All employees signing an initial contract on or after July 1, 2014 shall operate under the new policy.

  • Implementation: July 1, 2014
  • 1st Reading: Sept. 6, 2014
  • 2nd Reading: March 14, 2015

GPDS - Paid Holidays

CODE: GPDS

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

PAID HOLIDAYS

The recognized holidays for payroll purposes are as follows:

  1. New Year’s Day
  2. Martin Luther King Day
  3. President's Day
  4. Patriot's Day
  5. Memorial Day
  6. Independence Day
  7. Labor Day 12 8. Columbus Day
  8. Veterans' Day
  9. Thanksgiving Day
  10. Friday following Thanksgiving
  11. Christmas Eve
  12. Christmas Day
  13. January 1
  14. 3rd Monday in January
  15. 3rd Monday in February
  16. 3rd Monday in April
  17. Last Monday in May
  18. July 4
  19. 1st Monday in September
  20. 2nd Monday in October
  21. November 11
  22. 4th Thursday in November
  23. Day after Thanksgiving
  24. December 24
  25. December 25

Compensation

Holiday pay for staff members is one day of pay at the employee's normal rate. Full-time year-long employees are entitled to take a day off with holiday pay on a designated holiday. Part-time non-instructional employees are entitled to the day off with holiday pay prorated the percentage of time worked. Those hourly employees working the holiday will be entitled to holiday pay plus earnings for the hours worked. If a recognized holiday falls during an eligible staff member’s paid absence (such as vacation or sick leave), holiday pay will be paid in lieu of the vacation or sick hours that would have otherwise applied.

Faculty, the school nurse, and the college counselor shall follow the academic calendar and are not entitled to the day off with or without pay if school is in session.

Adjustments will be made by the Executive Director for holidays falling on weekends.

Direct supervisor will set schedules for coverage on holidays and will notify employees who are scheduled to work. The Executive Director shall have authority to adjust the schedule when making the annual school calendar.

  • Implemented: March 5, 2015
  • 1st Reading: March 14, 2015
  • 2nd Reading: May 31, 2015

GSDC - Storm Day Compensation

CODE: GSDC

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

STORM DAY COMPENSATION

The Executive Director/designee may elect to partially close the school in the event that the weather is sufficiently bad as to endanger employees while they travel to and from home.

Employees will be compensated according to that day’s schedule. Hours paid on storm days will not count toward overtime.

  • Implemented: March 26, 2015
  • 1st Reading: May 31, 2015
  • 2nd Reading: October 3, 2015

Section H: Negotiations

Section I: Instruction

IGF - Program Review

CODE: IGF

MAINE SCHOOL OF SCIENCE AND MATHEMATICS (MSSM)

PROGRAM REVIEW

It shall be the duty of the Executive Director/designee to ensure that program reviews occur. The programs to be reviewed on the school’s adopted cycle will include:

  • Academic Programs
  • Academic Supports
  • Residential Life
  • Admissions
  • College Counseling
  • Summer Programs
  • Administration
  • Operations

Additional aspects of the School that might benefit from a review process may also be included by the Executive Director. The frequency of program review cycles may differ at the discretion of the Executive Director. These patterns will be defined in a written procedure.

The Executive Director or designee will ensure that Program Reviews are started, supported, and completed according to the procedure. The findings of each review will be reported to the staff and to the Board of Trustees or its designated committee. The Executive Director shall assign roles and responsibilities as needed.

Cross Reference: IGF-R – PROGRAM REVIEW PROCEDURE

Implemented: May 13, 2016

1st Reading: May 27, 2016

2nd Reading: December 3, 2016

IHBAA - Referral/Pre-Referral of Students with Disabilities

Code: IHBAA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS (MSSM)

REFERRAL/PRE-REFERRAL OF STUDENTS WITH DISABILITIES

MSSM professional staff are obligated to refer all enrolled students suspected of having a disability that may require special education to Special Education staff for an evaluation in all suspected areas of disability. Where MSSM is a residential school, it devolves to professional staff to be especially vigilant in the assessment of students’ potential disabilities. Referrals of students to Special Education staff may be made by parents/guardians at any time, as well as by professional School staff and other persons knowledgeable about the child’s educational needs. Any such referral shall be made in accordance with established procedures. Regardless of the source of the referral, a referral will be considered received on the date that the written referral is received by MSSM Special Education staff. It shall be signed and dated by the Special Education Consultant or Executive Director, thereby indicating the date of the receipt of that referral.

The Executive Director, in consultation with Special Education staff, will develop procedures for referral and the use of pre-referral interventions within MSSM, and may, from time to time, amend those procedures as necessary.

Legal Reference: 20-A MRSA §8203(2) & §8205(1)

Implemented: March 24, 2016

1st Reference: May 27, 2016

2nd Reference: October 1, 2016

IHBAC - Child Find

CODE: IHBAC


MAINE SCHOOL OF SCIENCE AND MATHEMATICS (MSSM)

CHILD FIND

The Maine School of Science and Mathematics (MSSM) is a public magnet school and agency of the State of Maine and does not meet the definition of a School Administrative Unit (SAU) as defined by Title 20-A §26 nor does it have the responsibility for identification of special needs students in any jurisdiction as described for School Administrative Units (SAUs) in Section IV.2 of the Maine Unified Special Education Regulations. MSSM affirms its role in supporting services for students with special needs that otherwise meet its admission requirements. A student’s need for special services does not preclude the admission of a student who otherwise meets the School’s admission standards.

MSSM’s Child Find process shall include obtaining data on each enrolled student through direct assessment or by indirect means. This assessment can include evaluation of students’ academic performance, gross and fine motor skills, receptive and expressive language skills, vision, hearing, and cognitive skills.

If the Child Find process indicates that a student may require special education and supportive services in order to benefit from instruction, the student shall be referred to the IEP team to determine the student's eligibility for special education services. School staff, parents, or agency representatives may refer students to the IEP team if they believe that the student, because of a disability, may be in need of special education and supportive services in order to benefit from instruction. Some factors that may be considered when making a referral might include the following:

  • a.if a student has accumulated the equivalent of 10 full days of unexcused absences or seven consecutive school days of unexcused absences during a school year;
  • b.has been suspended or removed for disciplinary reasons in excess of 10 cumulative school days in the school year; or
  • c.has experienced an illness, hospitalization, or accident that may indicate a need for special education and supportive services.

These considerations are guidelines only and do not mandate or preclude referral to the IEP team.

Legal References Title 20-A MRS §26

Title 20-A MRS §8201

MDoE Ch. 101 5 IV.2 (MUSER) (2007) 34 CFR § 300.111.300.201 (2006)

Implemented: August 4, 2016

1st Reading: October 1, 2016

2nd Reading: December 3, 2016

IKF - MSSM Graduation Requirements

Code: IKF

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

MSSM GRADUATION REQUIREMENTS

In order to receive an MSSM diploma, students must have successfully completed the following credits (1 credit equals one year) and have met all of the requirements outlined below.

Credits

      • 4 mathematics
      • 4 lab-based sciences (including one credit each of biology, chemistry, and physics)
      • 4 English (including 1 credit of MSSM composition and research (at any level))
      • 1 US history
      • 1 social science elective
      • 2 foreign language (the same language)*
      • 1 fine arts
      • ½ junior seminar
      • ½ senior seminar
      • ½ study skills
      • ½ wellness
      • Students must successfully complete work assignment and fitness each semester at MSSM.
      • Students must successfully complete J-Term each year at MSSM.
      • Students must be enrolled in 4 core classes each semester.
      • Students must be enrolled in mathematics, laboratory science, English, and fitness each semester at MSSM.
      • Students earn a ½ credit for each one-semester course in which they earn a passing grade for the semester, while students earn 1 credit for each year-long course in which they earn a passing grade for the year. Students who do not pass year-long courses for the year will not receive any credit and must repeat the entire course. No partial credit shall be awarded for any course.
      • *Beginning with the class of 2017, Chinese I and Chinese II are each ½ credit courses.
  • 1st Reading: May 24, 2013
  • 2nd Reading: September 14, 2013

Section J: Students

JFAA - Residency, Tuition, and Room and Board

CODE: JFAA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

RESIDENCY, TUITION, AND ROOM AND BOARD

In-State Tuition and Room & Board

Maine students who meet the guidelines in 20-A MRSA §8202(2)(A) (i.e. “in-state students”) shall not be charged tuition to attend the School. Students or their parents or guardians shall be responsible to pay for Room and Board (R&B) expenses and other fees, as determined by the Board of Trustees annually. In case of financial need to meet the room and board expenses and fees, the State shall pay the School the difference between the cost and the student’s or student’s parents or guardians ability to pay that cost. (Ref: Financial Aid Application Process)

Other Students Tuition and Room & Board

Students who are not residents of Maine, such as out-of-state and foreign students, or students seeking post-graduate education regardless of residency, may attend the School on a space-available basis. Non-resident and postgraduate students or their families shall pay the tuition, room and board, and other fees as determined by the Board of Trustees annually. State appropriated funds shall not be used to provide financial aid to these students.

Residency Requirements

In order to qualify for in-state student status, students must have resided in the state of Maine with a parent, other relative or guardian for six (6) months immediately preceding application to the School.

Residency Determination

If the residency of an applicant is indeterminate, the School’s Chief Operating Officer shall review the facts and issue a determination. The determination shall be based on a two-part test:

    1. Has the student met the requirement of being a resident six (6) months immediately preceding application to the School?
    2. Is it the intent of the student to remain a resident of the State of Maine?

Test 1:

In order to meet the requirement, the student must have resided at a physical address within the State of Maine immediately preceding application to the School. The physical address must meet the criteria of being the student’s “home” and the place “to live for a permanent or extended time” or “the place, when you are away, you intend to return to…” The ownership of real property and/or payment of property or other taxes does not, in itself, establish residence and shall not be a factor into the determination of residence.

Test 2:

Does the student intend to maintain residency during his enrollment?

Military Families

For children of current or recently retired military personnel, DD Form 214 may be used to establish residency. The form shall be submitted with the application if members of the armed services wish to be considered for residency status. The “short form” is acceptable.

Legal Reference:

              • 20-A MRSA §8202(2)(A)

Cross Reference:

              • Financial Aid Application Process
  • Implementation date:
  • 1st Reading: March 16th, 2013
  • Adopted: May 24th, 2013


JFAA-R - Student Certificate and Residency

CODE: JFAA-R

STUDENT CERTIFICATE OF RESIDENCY

A secondary student is eligible under Maine law to attend the Maine School of Science and Mathematics free of tuition charges if the student, student’s parent(s), other relative with whom the student resides, or guardian(s) reside in Maine six months prior to application to the School. A person who owns property in the State of Maine but does not reside in the State of Maine is not considered a resident for the purpose of this policy. To confirm eligibility of a student, the following information must be provided:

Please download and print form


JGAB - Student Placement and Transfer Credits

Code: JGAB

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

STUDENT PLACEMENT AND TRANSFER CREDITS

Placement

Placement will be determined by students’ transcripts, past work, standardized test scores, and MSSM placement exam results.

Transfer credits

The following table indicates the number of high school mathematics, science, and English classes students may transfer in to MSSM:

Entering MSSM as…...

Maximum number of transferred math,

science, English credits allowed

Freshmen

none

Sophomores

1 Math, 1 Science, 1 English

Juniors

2 Math, 2 Science, 2 English

Seniors

3 Math, 3 Science, 3 English


Classes will transfer to MSSM provided the student earned a C- or better in the courses.

MSSM does not grant credit for courses taken at another high school when a student is enrolled at MSSM.

After entering MSSM, transferred credit is limited to pre-approved courses taken at a college or university. Students will only receive credit for courses in which a grade of C- or better is earned. This applies to a course taken at the student’s initiative and/or for one being repeated as required by the School when a course has been failed. Transferred courses will be documented as such.

Cross References:

  • Implemented:
  • 1st Reading: May 24, 2013
  • 2nd Reading: September 14, 2013

JJIF - Concussions and other Head Injuries

CODE: JJIF

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

CONCUSSIONS AND OTHER HEAD INJURIES

Concussions and other head injuries are potentially serious and may result in significant brain damage and/or death if not recognized and managed properly. This policy promotes the safety of students participating in School-sponsored activities including interscholastic sports.

TRAINING

By June 30 of each year, the Concussion Management Team will identify the School-sponsored activities that pose a risk of concussion or other head injury. A list of these activities will be distributed to School administrators, staff, and coaches.

All coaches and staff supervising the listed activities must undergo training in the identification and management of concussive and other head injuries prior to assuming their responsibilities. The training shall be consistent with such protocols as may be identified or developed by the Maine Department of Education (DOE).

Staff shall undergo refresher training every two years or when protocols have been revised.

STUDENT AND PARENT INFORMATION

Prior to the beginning of each School year, students and parents of students who will be participating in School-sponsored activities will be provided information regarding the following:

      1. The risk of concussion and other head injuries and the dangers associated with continuing to participate when a concussion or other head injury is suspected;
      2. The signs and symptoms of concussion and other head injuries; and
      3. The School’s protocols for 1) removal from the activity when a student is suspected of having sustained a concussion or other head injury, 2) evaluation, and 3) return to participation in the activity.

The student and his/her parent(s) must sign a statement acknowledging that they have received and read this information before the student will be allowed to participate in any School-sponsored activity.

MANAGEMENT OF CONCUSSIVE AND OTHER HEAD INJURIES

It is the responsibility of the supervisor of the activity to act in accordance with this policy when a student appears to be exhibiting signs, symptoms, and/or behaviors associated with a concussion or other head injury.

Any student suspected of having sustained a concussion or other head injury during a School-sponsored activity including but not limited to competition, practice, or scrimmage, must be removed from the activity immediately. The student and his/her parent(s) shall be informed of the need for an evaluation for brain injury before the student will be allowed to return to the activity. Any student who is suspected of having sustained a concussion or other head injury shall be prohibited from further participation in School-sponsored activities until he/she has been evaluated and received written medical clearance to do so from a licensed health care provider who is a member of the Concussion Management Team. More than one evaluation may be necessary before the student is cleared for full participation.

No student will be permitted to return to the activity or to participate in any other School-sponsored athletic activity on the day of the suspected concussion.

If at any time after returning to activity signs or symptoms of a concussion are observed, the student shall be removed from the activity and referred to the Concussion Management Team.

COGNITIVE CONSIDERATIONS

School personnel should be alert to cognitive and academic issues that may be experienced by students who have suffered a concussion or other head injury, including but not limited to difficulty with concentration, organization, long-and-short term memory, and sensitivity to bright lights and sounds. They shall also accommodate a gradual return to full participation in academic activities as appropriate, based on the recommendations of the student’s health care provider and consistent with the student’s 504 plan.

CONCUSSION MANAGEMENT TEAM

The Executive Director shall appoint a Concussion Management Team that includes a School administrator to be responsible, under the administrative supervision of the Executive Director, to make recommendations related to implementation of this policy. The Concussion Management Team will include the Executive Director and School nurse. It may also include the School physician, trainers, and such other School personnel or consultants as the Executive Director deems appropriate.

Legal Reference:

              • MRSA 20-A § 254(17)
              • MRSA 20-A § 1001(19)
              • Cross Reference: JJIF-E – CONCUSSION INFORMATION SHEET

  • Implemented: December 2, 2015
  • 1st Reading: December 5, 2015
  • 2nd Reading: October 1, 2016

JJIF-E - Concussion Information Sheet

CODE: JJIF-E

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

Parents and students: Please read, sign, and keep a copy. You must turn in a signed form prior to the start of the school year.

CONCUSSION INFORMATION SHEET

5

All concussions and other head injuries are potentially serious and may result in complications including prolonged brain damage and death if not recognized and managed properly. They are caused by a bump, blow, or jolt to the head, or by a blow to another part of the body with the force transmitted to the head. They can range from mild to severe and can disrupt the way the brain normally works. Even a “ding” or a bump on the head can be serious. You cannot see a concussion and most concussions occur without loss of consciousness. Signs and symptoms of concussion may show up right after the injury or can take hours or days to fully appear. If your student reports any symptoms of concussion, or if you notice the symptoms or signs of concussion yourself, seek medical attention right away.

Symptoms may include one or more of the following:

  • Headaches
  • “Don’t feel right”
  • “Pressure in head”
  • Fatigue or low energy
  • Nausea or repeated vomiting*
  • Sadness
  • Neck pain
  • Nervousness or anxiety
  • Balance problems or dizziness
  • Irritability
  • Blurred, double, or fuzzy vision
  • Feeling more emotional

        • Sensitivity to light or noise
        • Confusion
        • Feeling sluggish or slowed down
        • Concentration or memory
        • problems
        • Feeling foggy or groggy (e.g.,
        • forgetting game plays)
        • Drowsiness
        • Repeating the same question/comment
        • Change in sleep patterns
        • Amnesia

Signs that may be observed by teammates, fellow students, parents, or activity supervisors include:

  • Appears dazed
  • Vacant facial expression
  • Pained facial expression
  • Cannot recall events prior to hit
  • Confused about assignment
  • Cannot recall events after hit
  • Forgets plays
  • Seizures or convulsions*
  • Black/blue behind eyes/ears*

          • Is unsure of game, score, or opponent
          • Any change in typical behavior or personality
          • Moves clumsily or displays a lack of coordination
          • Loses consciousness*
          • Answers questions slowly
          • Slurred speech*

*Symptom warrants an immediate trip to the closest emergency room

What can happen if my student keeps on participating in an activity with a concussion or returns too soon?

Students with the signs and/or symptoms of concussion shall be removed from participation immediately. Continuing to participate with the signs and symptoms of concussion leaves students especially vulnerable to greater injury. There is an increased risk of significant damage from a concussion for a period of time after that concussion occurs, particularly if the student suffers another concussion before completely recovering from the first one. This can lead to prolonged recovery, or even to severe brain swelling (Second Impact Syndrome) with devastating and even fatal consequences. It is well known that adolescents and teenagers will often under-report symptoms of injuries, and concussions are no different. As a result, education of administrators, coaches, staff, parents, and students is the key to student safety.

If you think your student has suffered a concussion

Any student suspected of suffering a concussion shall be removed from the game, practice, or activity immediately. No student may return to an activity after an apparent head injury or concussion, regardless of how mild it seems or how quickly symptoms clear, without medical clearance. Close observation of the student should continue for several hours.

For current and up-to-date information on concussions you can go to: http://www.cdc.gov/Concussion

Please download and print form

  • Implemented: December 2, 2015
  • 1st Reading: December 5. 2015
  • 2nd Reading: October 1, 2016

JJA - Student Organizations

CODE: JJA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

STUDENT ORGANIZATIONS

The Executive Director shall develop procedures for the creation and maintenance of student organizations.

Cross Reference:

              • JJA-R – Student Organizations Procedure
              • JJA-R2 – Student Organizations Procedure Responsibilities
  • Implemented: May 1, 2014
  • 1st Reading: May 23, 2014
  • 2nd Reading: Sept. 6, 2014

JJA-R - Student Organization Procedures

CODE: JJA-R

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

STUDENT ORGANIZATIONS PROCEDURE

PREAMBLE

MSSM is a residential school, allowing students many opportunities to work with faculty and staff to plan, direct, implement, and evaluate their organizations’ activities. This procedure gives guidelines for the creation, support, and management of all student organizations.

A. ESTABLISHMENT OF STUDENT ORGANIZATIONS

In order to create a new organization, generally the following steps shall take place:

      1. Student shall complete the Student Club Application and seek an advisor.
      2. Student shall seek the approval of the Dean of Students.
      3. The officers of the prospective club shall develop a budget.
      4. The Dean of Students shall submit the approved application and any supporting documents to the Executive Director for funding.
      5. Once funded by the Executive Director, documentation shall be forwarded to the Business Office, advisor, and treasurer.

B. MAINTENANCE OF THE ORGANIZATION

A viable organization shall be evidenced by the following:

      1. Regular appointment of officers
      2. Regular participation by the advisor
      3. Regular student participation
      4. Adherence to financial procedures and responsibilities

C. DEFUNCT ORGANIZATIONS

Any organization which fails to meet the criteria in section B may be declared defunct by the Dean of Students after due warning and consultation. Once an organization has been declared defunct, all assets shall be returned to the Executive Director’s seed fund.

D. FUNDING

    1. New organizations
          1. MSSM has a special seed fund available to support the creation of new student organizations.
    2. Ongoing organizations
          1. It is expected that student organizations shall raise funds for the perpetuation of the organization.
          2. Funds generated by the organization shall remain the exclusive asset of the organization so long as the organization shall continue.
          3. All funds accumulated in an account of a specific organization during a specific fiscal year shall be carried over to the following fiscal year unless the organization becomes defunct.

E. FUNDRAISING

Organizations may engage in fundraising activities to provide funds to meet their objectives.

    1. Requests for organizations to conduct fundraising events shall be approved in writing by the advisor and the Dean of Students.
    2. The original approved fundraiser form shall be filed with the Business Office.
    3. Ticket sales for raffles, events, and etc., cannot be limited by minimum quotas.
    4. The officers of the organization sponsoring a fundraising activity are not allowed to win a contest or prize.
    5. The treasurer shall complete and submit to the Dean of Students a reconciliation at the end of each fundraiser. The report shall show details of cash receipts and expenditures, and the profit or loss for the fundraiser.
    6. Student organizations may advertise their fundraising activities through announcements, posters, flyers, the activities board, a school newsletter, or other approved publicity medium. The advisor shall approve advertising before being displayed. The Executive Director shall pre-approve advertising in all external public media (e.g. radio, newspapers, Internet, etc.)
    7. Funds generated by an organization shall be used to offset costs incurred by the organization, first, before students are authorized to spend any proceeds.
    8. Funds raised for a specific purpose are used solely for the stated purpose as indicated by the organization in the fundraiser application.
    9. Special request for the use of organization funds in a manner that is not consistent with the original fundraising intent must be submitted in writing to the Dean of Students for prior approval.
    10. The Executive Director, at his sole discretion, may also use the seed fund to fund ongoing organizations.
    11. Organization members shall not personally profit from the revenue generated from fundraising events.

F. ACCOUNTABILITY

MSSM, through the Business Office, retains the fiduciary responsibility for the organizations’ funds. Through proper guidance by the advisor and Dean of Students, the organizations’ members can develop proper leadership, management, and financial skills that will aid in their understanding of the key concepts used in managing an organization. The organization’s treasurer is responsible for managing the financial affairs of the organization. The Business Office shall be responsible for maintaining the financial records of the organization for audit purposes. The organization’s treasurer is responsible for ensuring that receipts and disbursements are properly accounted for through the Business Office.

An annual budget shall be prepared for each school year by the organization officers under the guidance of the advisor by October 1st. The budget shall include expected sources of revenues, expenditures, and fund balance for the school year. All budgets require approval from the Dean of Students. The treasurer shall send a copy to the Business Office after approval.

  1. Transaction Recording

Bookkeeping and recording of transactions are completed in the Business Office. Organization account balances are verified by sending a statement of cash receipts and disbursements summary to the advisor and treasurer every month for review and reconciliation. Errors detected on the statement shall be resolved immediately with the Business Office. The day-to-day procedures for recording organization transactions are as follows:

          1. Receipts of cash and checks shall be recorded in the accounting system on the actual day of receipt showing, at minimum, date, source, purpose, and amount.
          2. Payments shall be recorded in the accounting system on the actual day of payment showing date, vendor, check number, purpose, and amount.
          3. Organization funds transferred to another fund shall be recorded as a journal entry in the accounting system.
          4. Monthly bank reconciliation shall be performed by the Business Office, and
          5. Before June 15th 107 of the school year, the Dean of Students shall meet with the Business Office to transfer organization records and all supporting documentation in preparation for the School’s year-end audit.
  1. Cash Receipts
          1. Collections shall be substantiated by pre-numbered receipts (triplicate form), pre-numbered raffle tickets, or tally sheet. Pre-numbered receipts or tally sheet must be properly completed and must identify the specific organization from which funds were received, date funds were received, and the person receiving the funds must sign the receipt or tally sheet.
          2. The treasurer shall maintain a record of collections from fundraising. Unsold raffle tickets shall be available for review by the advisor.
          3. The treasurer shall turn over funds to the Business Office the soonest business day to the date of collection (within 24 hours, if possible).
          4. The treasurer and advisor shall authorize the use of organization funds. Expenses shall be paid by check or petty cash from the Business Office with proper documentation to substantiate the payment. Payment for expenses shall not be made from cash collections or receipts.
          5. Deposits shall be substantiated by deposit slips from the bank and receipts or tally slips from the organization’s treasurer.
          6. All checks received shall be endorsed, “for deposit only” immediately upon receipt. It is recommended that each treasurer purchase a rubber stamp for this purpose.
          7. The cash receipt ledger shall be maintained and all transactions must be recorded in a timely manner by the organization’s treasurer.
          8. Interest earned in non-operational accounts shall be entered into the seed fund by the Business Office.

3. PURCHASING

      1. Before services are rendered or products are purchased, independent contractors and consultants shall provide an IRS Form W-9 to the Business Office.
      2. A non-ops purchase order completed by the requisitioner and approved by the advisor (and the Dean of Students if over $500.00) shall support all commitments for goods and services.
      3. The treasurer or designee shall verify receipt of the items or services rendered and turn in all packing slips to the Business Office. If there are no packing slips, the treasurer or designee shall notify the Business Office by email to verify receipt of the order.
      4. Discrepancies between the purchase order and items received shall be brought to the attention of the Business Office and be resolved prior to payment.
      5. MSSM is a tax-exempt organization. A state tax-exempt form is available from the Business Office and shall accompany all purchases.

4. Cash Disbursements from the Business Office

      1. All disbursements for goods or services shall be made by check to vendor(s) or through petty cash by the Business Office.
      2. Checks shall not be made payable to an employee or organization member. The only exception to this rule is reimbursement for advisor-approved purchases with limited occurrences.
      3. The Business Office and treasurer shall record disbursements in a timely manner.
      4. No check shall be made payable to CASH.
      5. Checks shall be signed by the authorized person.
      6. All expenditures incurred for a particular organization shall be expended from the account in which the organization funds were deposited.

All disbursements must have the following supporting documentation:

      1. Vendor’s original invoice or register receipt
      2. Purchase order
      3. Letters of correspondence, contracts, purchase orders, packing slips, and other supporting documents shall be maintained in the Business Office.

G. AUDITING PROCEDURES

The Chief Operating Officer or designee will conduct self-audit reviews to ensure that the organization and Business Office are following administrative policies and directives in their daily operations, and to determine the accuracy and completeness of school activity accounting and financial records. MSSM’s external auditors shall render an opinion on the financial statements regarding MSSM’s fiduciary responsibilities.

Cross Reference:

              • JJA – Student Organizations
              • JJA-R2 – Student Organizations Procedure Responsibilities
  • Implemented: May 1, 2014
  • 1st Reading: May 23, 2014
  • 2nd Reading: Sept. 6, 2014

JJA-R2 - Student Organization Procedure Responsibilities

CODE: JJA-R2

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

STUDENT ORGANIZATIONS PROCEDURE RESPONSIBILITIES

The responsibilities for each student organization position are as follows:

  1. Organization Treasurer – If an organization intends to handle any money, the organization shall elect a treasurer. The treasurer’s role is to ensure all financial and bookkeeping controls are adequate to ensure appropriate fiscal accountability and sound business practice. The responsibilities of the treasurer are as follows:
        1. Record all cash receipts accurately with supported details and/or pre-numbered receipts,
        2. Deliver cash receipts to the Business Office by the next business day,
        3. Record cash disbursement chronologically showing date, vendor, check number, purpose, and amount, and
        4. Perform monthly reconciliations with the Business Office.
  2. Executive Director - The Executive Director is responsible for implementing and administering policies and developing procedures, rules, and regulations related to creation and maintenance of organizations.
  3. Chief Operating Officer - Conducts self-audit reviews to ensure that the organization and Business Office are following administrative policies and directives in their daily operations, and determines the accuracy and completeness of School activity accounting and financial records.
  4. Dean of Students - The duties and responsibility of the Dean of Students are as follows:
        1. Register and approve the formation of an organization,
        2. Approve the annual budgets for organizations,
        3. Approve fundraising events,
        4. Ensure that all funds derived from any events shall be administered, expended, and accounted for in accordance to MSSM’s policies,
        5. Perform periodic reviews/audits to ensure adherence to policies, procedures, rules, and regulations,
        6. Approve all external publicity media for organizations, and
        7. Establish separation of duties between the parties handling the organizations affairs (e.g., one individual cannot complete a transaction from beginning to end, collect funds, purchase items or services, disburse funds, and maintain the accounts).
  5. Advisor - The advisor’s role is that of a planner, facilitator, counselor, evaluator, and instructor. The duties and responsibilities of the advisor are as follows:
        1. Develop and register an organization for approval by the Dean of Students and Executive Director,
        2. Assist in preparation of the annual activity budget with the organization officers for the Dean of Students’ approval,
        3. Be present and supervise the organization to assure no violations of School rules and policies, and
        4. Authorize all purchases and expenses for organizations.
  6. Student - There shall be at least four students to create and/or maintain an organization. At least two of these students shall be in leadership roles. Students in leadership roles shall become involved in the fiscal management and administrative duties of the organization. They shall review revenues and expenditures related to each fundraising event.


Cross References:

              • JJA – Student Organizations
              • 57 JJA-R – Student Organizations Procedure
  • Implemented: May 1, 2014
  • 1st Reading: May 23, 2014
  • 2nd Reading: Sept. 6, 2014

JKAA - Physical Restraint and Seclusion (Use of)

Code: JKAA


MAINE SCHOOL OF SCIENCE AND MATHEMATICS (MSSM)

USE OF PHYSICAL RESTRAINT AND SECLUSION

The Maine School of Science and Mathematics Board of Trustees has adopted this policy and the accompanying procedure to implement the standards for use of physical restraint and seclusion with students, as required by state law and regulations, and to support a safe school environment. Physical restraint and seclusion, as defined by this policy, may only be used as an emergency intervention when the behavior of a student presents a risk of injury or harm to the student or others.

The Executive Director has overall responsibility for implementing this policy and the accompanying procedure, but may delegate specific responsibilities as he/she deems appropriate.

I. DEFINITIONS

The following definitions apply to this policy and procedure:

A. Physical restraint: An intervention that restricts a student’s freedom of movement or normal access to his or her body, and includes physically moving a student who has not moved voluntarily.

Physical restraint does not include any of the following:

    1. Physical escort: A temporary touching or holding inducing a student to walk to another location, including assisting the student to the student’s feet in order to be escorted.
    2. Physical prompt: A teaching technique that involves physical contact with the student and that enables the student to learn or model the physical movement necessary for the development of the desired competency.
    3. Physical contact: When the purpose of the intervention is to comfort a student and the student voluntarily accepts the contact.
    4. A brief period of physical contact necessary to break up a fight.
    5. Momentarily deflecting the movement of a student when the student’s movements would be destructive, harmful, or dangerous to the student or others.
    6. The use of seat belts, safety belts, or similar passenger restraints, when used as intended during the transportation of a child in a motor vehicle.
    7. The use of a medically prescribed harness, when used as intended; the use of protective equipment or devices that are part of a treatment plan prescribed by a licensed health care provider; or prescribed assistive devices when used as prescribed and supervised by qualified and trained individuals.
    8. Restraints used by law enforcement officers in the course of their professional duties are not subject to this policy/procedure or DOE Rule Chapter 33.
    9. DOE Rule Chapter 33 does not restrict or limit the protections available to school officials under 20-A M.R.S.A. § 4009, but those protections do not relieve school officials from complying with this policy/procedure.

B. Seclusion: The involuntary confinement of a student alone in a room or clearly defined area from which the student is physically prevented from leaving, with no other person in the room or area with the student.

Seclusion does not include:

    1. Timeout: An intervention where a student requests, or complies with an adult request for, a break.
    2. Restricting a student to their dormitory room.
    3. Being confined to a room where others are present.

II. PROCEDURES FOR IMPLEMENTING PHYSICAL RESTRAINT AND SECLUSION

The requirements for implementing physical restraint and seclusion, as well as incident notices, documentation, and reporting are included in the accompanying procedure, JKAA-R.

III. ANNUAL NOTICE OF POLICY/PROCEDURE.

MSSM shall provide annual notice to parents/legal guardians of this policy/procedure by means determined by the Executive Director/designee.

IV. TRAINING REQUIREMENTS

A. All School staff and contracted providers shall receive an annual overview of this policy/procedure.

B. MSSM will ensure that there are a sufficient number of administrators/designees, special education, and other staff who maintain certification in a restraint and seclusion training program. A list of certified staff shall be updated annually and maintained in the Executive Director’s Office and in the School’s Emergency Management Plan.

V. PARENT/LEGAL GUARDIAN COMPLAINT PROCEDURE

A parent/legal guardian who has a complaint concerning the implementation of this policy/procedure must submit it in writing to the Executive Director as soon as possible. The Executive Director/designee shall investigate the complaint and provide written findings to the parent/legal guardian within twenty (20) business days, if practicable.

A parent/legal guardian who is dissatisfied with the result of the local complaint process may file a complaint with the Maine Department of Education. The Department of Education will review the results of the local complaint process and may initiate its own investigation at its sole discretion. The Department shall issue a written report with specific findings to the parent/legal guardian and the School within 60 calendar days of receiving the complaint.

Legal Reference:20-A M.R.S.A. §§ 4502(5) (M); 4009

Me. DOE Rule, Ch. 33 (April 2013)

Cross Reference:EBCA – Comprehensive Emergency Management Plan

JKAA-R – Procedures of Physical Restraint and Seclusion

JK – Student Discipline

KLG/KLG-R – Relations with Law Enforcement

Implemented: March 29, 2016

1st Reading: May 27, 2016

2nd Reading: October 1, 2016

JKAA-R - Physical Restraint and Seclusion Procedures

Code: JKAA-R

MAINE SCHOOL OF SCIENCE AND MATHEMATICS (MSSM)

PROCEDURES ON PHYSICAL RESTRAINT AND SECLUSION

These procedures are established for the purpose of meeting the obligations of the Maine School of Science and Mathematics under state law and policy JKAA governing the use of physical restraint and seclusion. These procedures shall be interpreted in a manner consistent with state law.

I. DEFINITIONS

For purposes of these procedures, the terms “physical restraint” and “seclusion” shall have the meanings defined in policy JKAA. Definitions for other important terms in this procedure include:

    1. Emergency: A sudden, urgent occurrence, usually unexpected, but sometimes anticipated, that requires immediate action.
    2. Risk of injury or harm: A situation in which a student has the means to cause physical harm or injury to him/herself or others and such injury or harm is likely to occur, such that an employee would take steps to protect the student and others against the risk of such injury or harm.
    3. Dangerous behavior: Behavior that presents a risk of injury or harm to a student or others.
    4. Serious bodily injury: Any bodily injury that involves: (1) A substantial risk of death; (2) Extreme physical pain; (3) Protracted and obvious disfigurement; or (4) Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

II. PHYSICAL RESTRAINT

To the extent possible, physical restraint will be implemented by trained staff. If untrained staff have intervened and initiated a physical restraint in an emergency, trained staff must be summoned to the scene to assume control of the situation if the emergency continues.

This procedure does not preclude law enforcement personnel from implementing physical restraints in carrying out their professional responsibilities.

A. Permitted Uses of Physical Restraint

      1. Physical restraint may be used only as an emergency intervention other less intrusive interventions have failed or been deemed inappropriate.
      2. Physical restraint may be used to move a student only if the need for movement outweighs the risk of taking no action.
      3. Prescribed medications and other assistive or protective devices may be used.

B. Prohibited Forms and Uses of Physical Restraint

      1. Physical restraint used for punitive purposes; for staff convenience; or to control challenging behavior.
      2. Physical restraint used to prevent property destruction in the absence of a risk of injury or harm.
      3. Physical restraint that restricts the free movement of a student’s diaphragm or chest, or that restricts the airway so as to interrupt normal breathing or speech (restraint-related asphyxia).
      4. .Physical restraint that relies on pain for control, including but not limited to joint hyperextension, excessive force, unsupported take-downs (e.g., tackles), the use of any physical structure (e.g., wall, railing or post), punching, and hitting.
      5. Aversive procedures and mechanical and chemical restraints.

a. Aversive procedures are defined as the use of a substance or stimulus, intended to modify behavior, which the person administering it knows or should know is likely to cause physical and/or emotional trauma to a student, even when the substance or stimulus appears to be pleasant or neutral to others. Such substances and stimuli include but are not limited to infliction of bodily pain (e.g., hitting, pinching, slapping); water spray; noxious fumes; extreme physical exercise; costumes, or signs.

b. Mechanical restraints are defined as any item worn by or placed on the student to limit behavior or movement and which cannot be removed by the student. Prescribed assistive devices are not considered mechanical restraints.

c. Chemical restraints are defined as the use of medication, including those administered as needed, given involuntarily to control student behavior. Prescribed medications are not considered chemical restraints.

C. Monitoring Students in Physical Restraint

    1. At least two adults must be present at all times when physical restraint is used except when, for safety reasons, waiting for a second adult to arrive is precluded by the particular circumstances.
    2. The student must be continuously monitored until he/she no longer presents a risk of injury or harm to him/herself or others.
    3. If an injury occurs, applicable School policies and procedures should be followed.

D. Termination of Physical Restraint

    1. The staff involved in the use of physical restraint must continually assess for signs that the student is no longer presenting a risk of injury or harm to him/herself or others and the emergency intervention must be discontinued as soon as possible.

a. The time a student is in physical restraint must be monitored and documented.

b. If physical restraint continues for more than ten (10) minutes, a trained staff member shall determine whether continued physical restraint is warranted, and shall continue to monitor the status of the physical restraint every ten (10) minutes until the restraint is terminated.

c. If the student continues to present behaviors that create a risk of injury or harm to him/herself or others, then staff may request additional assistance from other School staff, parents, medical providers, or other appropriate persons or organizations.

III. SECLUSION.

To the extent possible, seclusion will be implemented by staff certified in a training program. If untrained staff have intervened and initiated seclusion in an emergency, trained staff must be summoned to the scene as soon as possible.

A. Permitted Uses and Location of Seclusion

    1. Seclusion may be used only as an emergency intervention when the behavior of a student presents a non-immediate risk of injury or harm to the student or others, and only after other less intrusive interventions have failed or been deemed inappropriate.
    2. Seclusion may be achieved in any part of the School building with adequate light, heat, ventilation, and normal room height.

a. Seclusion may not take place in a locked room.

b. If a specific room is designated as a seclusion room, it must be a minimum of sixty (60) square feet; have adequate light, heat, and ventilation; be of normal room height; contain an unbreakable observation window in a wall or door; and must be free of hazardous materials and objects which the student could use to self-inflict bodily injury.

c. Parents may be requested to provide assistance at any time.

B. Prohibited Uses of Seclusion

    1. Seclusion used for punitive purposes; for staff convenience; or to control challenging behavior.
    2. Seclusion used to prevent property destruction in the absence of risk of injury or harm.

C. Monitoring Students in Seclusion

    1. At least one adult must be physically present at all times to continuously monitor a student in seclusion. The adult, while not present in the room or defined area, must be situated so that the student is visible at all times.
    2. The student must be continuously monitored until he/she no longer presents a risk of injury or harm to him/herself or others.
    3. If an injury occurs, applicable School policies and procedures should be followed.

D. Termination of Seclusion

    1. The staff involved in the seclusion must continually assess for signs that the student is no longer presenting a risk of injury or harm to him/herself or others and the emergency intervention must be discontinued as soon as possible.

a. The time a student is in seclusion must be monitored and recorded.

b. If seclusion continues for more than ten (10) minutes, an administrator/designee shall determine whether continued seclusion is warranted, and shall continue to monitor the status of the seclusion every ten (10) minutes until the seclusion is terminated.

c. If the student continues to present behaviors that create a risk of injury or harm to him/herself or others, then staff may request additional assistance from other School staff, parents, medical providers, or other appropriate persons or organizations.

IV. NOTIFICATION AND REPORTS OF PHYSICAL RESTRAINT AND SECLUSION INCIDENTS.

For the purposes of this procedure, an “incident” consists of all actions between the time a student begins to create a risk of harm and the time the student ceases to pose a risk of harm.

A. Notice Requirements

After each incident of physical restraint or seclusion:

    1. A staff member involved in the incident shall make an oral notification to the administrator/designee as soon as possible, but no later than the end of the day.
    2. An administrator/designee shall notify the parent/legal guardian about the physical restraint or seclusion (and any related first aid provided) as soon as practical, but within the day in which the incident occurred. The administrator/designee must utilize all available phone numbers or other available contact information to reach the parent/legal guardian. If the parent/legal guardian is unavailable, the administrator/designee must leave a message (if the parent/legal guardian has a phone and message capability) to contact the School as soon as possible. The parent/legal guardian must be informed that written documentation will be provided within seven (7) calendar days.
    3. If serious bodily injury or death of a student occurs during the implementation of physical restraint or seclusion, MSSM’s emergency notification procedures shall be followed and an administrator/designee shall notify the Maine Department of Education within twenty-four (24) hours or the next business day.

B. Incident Reports

Each use of physical restraint or seclusion must be documented in an incident report. The incident report must be completed and provided to an administrator/designee as soon as practical, and in all cases within two (2) days of the incident.

The parent/legal guardian must be provided a copy of the incident report within seven (7) calendar days of the incident.

The incident report must include the following elements:

    1. Student name;
    2. Age, gender and grade;
    3. Location of the incident;
    4. Date of the incident;
    5. Date of report;
    6. Person completing the report;
    7. Beginning and ending time of each physical restraint and/or seclusion;
    8. Total time of incident;
    9. Description of prior events and circumstances;
    10. Less restrictive interventions tried prior to the use of physical restraint and/or seclusion and, if none were used, the reasons why;
    11. The student behavior justifying the use of physical restraint or seclusion;
    12. A detailed description of the physical restraint or seclusion used;
    13. The staff person(s) involved, their role in the physical restraint or seclusion, and whether each person is certified in an MSSM-approved training program;
    14. Description of the incident, including the resolution and process of returning the student to his/her program, if appropriate;
    15. Whether the student has an IEP, 504 Plan, behavior plan, IHP (individual health plan) or any other plan;
    16. If a student and/or staff sustained bodily injury, the date and time of nurse or other response personnel notification and any treatment administered;
    17. The date, time and method of parent/legal guardian notification; and
    18. The date and time of administrator/designee notification.

Copies of the incident reports shall be maintained in the student’s file and in the school office. The administrator/designee will debrief involved staff members.

V. SCHOOL RESPONSE FOLLOWING THE USE OF PHYSICAL RESTRAINT OR SECLUSION.

A. Following receipt of an incident report, an administrator/designee shall take these steps within two (2) school days (unless serious bodily injury requiring emergency medical treatment occurred, in which case these steps must take place as soon as possible, but no later than the next school day):

    1. Review the incident with all staff persons involved to discuss: (a) whether the use of physical restraint or seclusion complied with state and Board of Trustee requirements and (b) how to prevent or reduce the need for physical restraint and/or seclusion in the future.
    2. Meet with the student who was physically restrained or secluded to discuss: (a) what triggered the student’s escalation and (b) what the student and staff can do to reduce the need for physical restraint and/or seclusion in the future. Whenever possible, a parent/legal guardian shall be present at this meeting.

B. Following the meetings, staff must develop and implement a written plan for response and de-escalation for the student. If a plan already exists, staff must review it and make revisions, if appropriate. For the purposes of this procedure, “de-escalation” is the use of behavior management techniques intended to cause a situation involving problem behavior of a student to become more controlled, calm, and less dangerous, thus reducing the risk of injury or harm.

VI. PROCEDURE FOR STUDENTS WITH ONE OR MORE INCIDENTS IN A SCHOOL YEAR

MSSM will make reasonable, documented efforts to encourage parent/legal guardian participation in the meetings required in this section, and to schedule meetings at times convenient for parents/legal guardians to attend. If a student has a seclusion or physical restraint incident, he/she may be dismissed from MSSM.

A. Special Education/504 Students

    1. After an incident of physical restraint and/or seclusion in one school year, the student’s IEP or 504 Team shall meet within ten (10) school days of the incident to discuss and consider the need to conduct an FBA (functional behavioral assessment) and/or develop a BIP (behavior intervention plan), or amend an existing one.

B. All Other Students

    1. A team consisting of the parent/legal guardian, administrator/designee, the student's advisor, a staff member involved in the incident (if not the administrator/designee already invited), and other appropriate staff shall meet within ten (10) school days to discuss the incident.
    2. The team shall consider the appropriateness of a referral to special education and, regardless of whether a referral to special education is made, the need to conduct an FBA (functional behavior assessment) and/or develop a BIP (behavior intervention plan).

VII. CUMULATIVE REPORTING REQUIREMENTS

A. Reports within the School

    1. The Dean of Students must report the following data on a quarterly and annual basis:

a. Aggregate number of uses of physical restraint;

b. Aggregate number of students placed in physical restraint;

c. Aggregate number of uses of seclusion;

d. Aggregate number of students placed in seclusion;

e. Aggregate number of serious bodily injuries to students related to the use of physical restraints and seclusions; and

f. Aggregate number of serious bodily injuries to staff related to physical restraint and seclusion.

    1. The Executive Director shall review the cumulative reports and identify any areas that could be addressed to reduce the future use of physical restraint and seclusion.

B. Reports to Maine Department of Education

    1. The Executive Director/designee shall submit report to the Maine Department of Education on an annual basis that includes the information required in Section 7.A.1 above.

Cross Reference: JKAA – Use of Physical Restraint and Seclusion

Implemented: March 24, 2016

1st Reading: May 27, 2016

2nd Reading: October 1, 2016

JLCB - Immunization of Students

NEPN/NSBA Code: JLCB

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

IMMUNIZATION OF STUDENTS

Where MSSM is a residential School where students are in close proximity for extended times, it is particularly important that students are immunized.

All students who enroll in the School are required by Maine law to present a certificate of immunization or evidence of immunization or immunity against poliomyelitis, diphtheria, pertussis (whooping cough), tetanus, measles, mumps, rubella, and varicella (chicken pox). MSSM requires in addition that all students be immunized or show evidence of immunity from hepatitis A and meningitis. MSSM also recommends that students be inoculated with the appropriate flu vaccine every year.

Non-immunized students shall not be permitted to attend School unless one of the following conditions is met:

A. The parents/guardians provide to the school written assurance that the child will be immunized within 90 days of enrolling in school or his/her first attendance in classes, whichever date is earlier. This option is available only once to each student during their school career; or

B. The parents/guardians provide a physician’s written statement each year that immunization against one or more diseases may be medically inadvisable (as defined by law/regulation); or

C. The parents/guardians state in writing each year that immunization is contrary to their sincere religious or philosophical beliefs.

D. The parents/guardians grant written consent for their child to be immunized by a public health officer, physician, nurse or other authorized person employed by or acting as an agent of the School.

The Executive Director shall exclude from the School any non-immunized student when there is a clear danger to the health of students, staff, and the general public as provided by law. If a student is absent from the School due to conditions in this paragraph for more than ten days, the Executive Director shall make arrangements to meet the educational needs of the student.

Any student not immunized shall be sent home in the event of an outbreak of any illness or disease above-stated for which the student is not immunized. Unvaccinated students in the case of an outbreak of disease in which they are not vaccinated against will be excluded from School for at least 16 days from the last identified case. The student will be allowed to return to the School once the School's medical personnel deem it appropriate. In the event that the student is sent home due to the conditions in this paragraph, the School is not required to provide tutoring, off-site classes, or other academic accommodations.

The Executive Director in consultation with School medical personnel has broad authority to modify the requirements of this policy as conditions and events change.

Legal Reference:

              • 20-A MRSA §§ 6352-6359
              • Chapter 126 (Me. Dept. of Ed. Rules)

Cross Reference:

              • JLCC – Communicable/Infectious Diseases
              • JRA – Student Educational Records
              • Centers for Disease Control
  • Implementation Date: November 29, 2012
  • 1st Reading: December 1, 2012
  • Adopted: March 16, 2013

JLCB-R - Immunization Exemption Forms

JRA - Student Educational Records

FILE: JRA

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

STUDENT EDUCATIONAL RECORDS

The MSSM Board of Trustees will provide for the confidentiality of all student education records that are maintained by MSSM as required by both Maine law and the Federal Family Educational Rights and Privacy Act (FERPA).

MSSM shall provide annual notification to the parents of students currently in attendance and to eligible students (18 years old or older) of their rights in relation to the student education records being maintained by MSSM.

MSSM designates the following information about students as directory information: name, the student’s participation in officially recognized activities and sports, height and weight of student athletes and grade level in School of students in extracurricular activities, date of attendance at MSSM Schools, and honors and awards received.

MSSM may disclose directory information about students in attendance if it has given the notification required by FERPA to parents of the students and to eligible students and has not received timely written notice refusing permission to designate some or all of the types of information about a student as directory information.

Under Maine law, MSSM shall not publish on the Internet without written parental consent any information, whether directory or otherwise, that identifies a student; including but not limited to the student’s full name, photograph, personal biography, email address, home address, date of birth, social security number, and parents’ names.

MSSM is required by the Commissioner to collect and report student social security numbers as a way to provide Schools with data about the long-term effectiveness of teaching and programs from early childhood through to college and the work force. MSSM is requesting parents to provide written consent to use their child's social security number for these purposes. Parents are not required to consent to the release of their child’s social security number. If a parent does not allow the social security number for a student to be released, the child will still be enrolled in the School. Every student has a right to a public education, regardless of whether or not a social security number is provided. No child's social security number may be used for longitudinal data purposes without prior written parental consent. When a student turns 18 years of age, the written consent must be obtained from the student and the rights previously accorded to the parent are accorded to the student.

The Superintendent of MSSM shall develop and promulgate procedures for implementing this policy, including a description of the access rights of parents, students, and educational personnel to records and the confidentiality rights of parents and students. Such procedures may be amended from time to time, as necessary.

A copy of the policy and procedure shall be available in each building and the MSSM website. Parents shall be notified annually of the policy and procedure.

Legal Reference:

              • 20 USC § 1232g
              • 34 CFR Part 99
              • 20-A MRSA § 6001
              • Ch. 101 § 15 (Me. Dept. of Ed. Rule)
              • Ch. 125 § 12.01(E) (Me. Dept. of Ed. Rule)
  • 1st Reading: September 11, 2010
  • Adopted: May 27, 2011

JRA-E - Notification of Rights Under FERPA

FILE: JRA-E

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

NOTIFICATION OF RIGHTS UNDER FERPA

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (eligible students) certain rights with respect to the student’s education records. They are:

  1. The right to inspect and review the student’s education records within 45 days of the day MSSM receives a request for access.

Parents or eligible students should submit to the School a written request that identifies the record(s) they wish to inspect. The Superintendent will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

  1. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading. Parents or eligible students may ask MSSM to amend a record that they believe is inaccurate or misleading. They should write the Superintendent, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If MSSM decides not to amend the record as requested by the parent or eligible student, MSSM will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
  2. The right to consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception that permits disclosure without consent is disclosure to School officials with legitimate educational interests. A School official is a person employed by MSSM as an administrator, supervisor, instructor or support staff member (including health or medical staff); a person serving on the Board of Trustees; a person or company with whom MSSM has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another School official in performing his/her tasks.

A School official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility. Upon request, MSSM discloses education records without consent to officials of another School district in which a student seeks or intends to enroll.

  1. The right to file a complaint with the U.S. Department of Education concerning alleged failures by MSSM to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
      1. Family Policy Compliance Office
      2. U.S. Department of Education
      3. 400 Maryland Avenue, S.W.
      4. Washington, DC 20202-4605

  1. MSSM may make public at its discretion personally identifiable information from the education records of a student without parental consent if that information has been designated as directory information by the School. MSSM has designated the following information as directory information: the student’s name, participation in officially recognized activities and sports, weight and height of athletes, and honors and awards received. Such information will not be disclosed if the parent of the student informs MSSM in writing within 10 days of the first student day of the School year or within 10 days after enrollment, that such information is not to be designated as directory information with respect to that student. Any such notice should be sent to the Superintendent at the following address:

      1. MSSM
      2. Superintendent
      3. 95 High Street
      4. Limestone, ME 04750

  1. Federal law permits military recruiters and institutions of higher learning to request and receive the names, addresses and telephone numbers of high School students upon request, unless the student’s parent or eligible student notifies MSSM that he/she does not want such information released. Such information will not be disclosed if the student’s parent or eligible student notifies MSSM, in writing, that such information should not be released without his/her written consent. Any such notice should be sent to

      1. MSSM
      2. Superintendent
      3. 95 High Street
      4. Limestone, ME 04750

  1. Under Maine law, MSSM shall not publish on the Internet without written parental consent any information, whether directory or otherwise, that identifies a student, including but not limited to the student’s full name, photograph, personal biography, e-mail address, home address, date of birth, social security number, and parents’ names.

MSSM maintains a more extensive policy and procedure concerning education records. This policy and procedure can be obtained by contacting the Superintendent.

Legal Reference:

              • 20 U.S.C. § 7908
              • 34 C.F.R. § 99.7
              • 20-A M.R.S.A. § 6001
  • 1st Reading: September 11, 2010
  • Adopted: May 27, 2011

JRA-R - Student Educational Records Procedure

FILE: JRA-R

MAINE SCHOOL OF SCIENCE AND MATHEMATICS

(MSSM)

STUDENT EDUCATIONAL RECORDS

ADMINISTRATIVE PROCEDURE

I. This administrative procedure is intended to assist administrators and School staff in complying with the requirements of federal and state statutes and regulations concerning student education records and information, including special education requirements.

II. DEFINITIONS

The following definitions apply to terms used in this policy:

    1. “Act” means the Family Educational Rights and Privacy Act (20 USC § 1232g).
    2. “Directory information” means the following information contained in an education record of a student: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, grade level in School of participants in extracurricular activities, dates of attendance at MSSM, honors and awards received, and photographs and videos relating to School attendance and participation in School activities (except photographs and videos on the Internet).
    3. “Eligible student” means a student who has attained eighteen years of age who has not been judged by a court of competent jurisdiction to be so severely impaired that the student is unable to make decisions or exercise judgment on his/her own behalf. When a student attains the age of eighteen, all rights accorded to parents concerning education records transfer to the eligible student. Students, regardless of age, who have been emancipated by a court of competent jurisdiction, shall be deemed “eligible.”
    4. “Parent” means parent, regardless of divorce or separation, a legal guardian, or individual acting as a parent or guardian provided that there shall be a presumption that a parent has the authority to exercise the rights inherent in the Act, unless there is evidence of a state law or court order governing such matters as divorce, separation or custody, or a legally binding instrument that specifically revokes such rights.
    5. “Education Record” means any information or data that directly relates to a student and is maintained by MSSM in any medium, including but not limited to, handwriting, print, computer media, video or audio tape, microfilm and microfiche. Records of instructional, supervisory and administrative personnel and personnel who support these individuals, which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a temporary substitute for the person who made the record are excluded from this definition.
    6. “School” means MSSM.
    7. Student” includes any individual with respect to whom MSSM maintains education records.
    8. “Superintendent” shall refer to the senior executive officer of MSSM regardless of the actual title held

III. ANNUAL NOTIFICATION OF RIGHTS

Parents and eligible students shall be provided with notice of their rights under FERPA and other applicable federal and state laws and regulations concerning education records at the beginning of each School year or upon enrollment if a student enrolls after the start of the School year. MSSM may provide notice through any of the following means:

    1. Mailings to students’ homes;
    2. Publication in student handbooks;
    3. Publication in newsletters or other materials distributed to each parent/eligible Student.

IV. ACCESS TO POLICY AND ADMINISTRATIVE PROCEDURES

MSSM’s policy on Student Education Records and Information shall be available in each building and the MSSM website. In addition, School administrators shall provide copies of this administrative procedure to parents/eligible students upon request.

V. INSPECTION AND REVIEW OF EDUCATION RECORDS

Parents/eligible students may review and inspect their educational records by the following procedure:

    1. The parent/eligible student must make a written request to the Superintendent to review the records.
    2. The Superintendent will comply with the request without unnecessary delay and in a reasonable period of time, but in no case more than 45 days after it received the request, and will comply before any IEP Team meeting regarding an Individualized Education Program or any due process hearing relating to the identification, evaluation, or placement of the student.
    3. The Superintendent may deny a request for access to or copies of the student’s education records if there is a reasonable doubt as to the legality of the parent child relationship. Access will be withheld until a determination of legal right to access can be established.

Parents/eligible students may also request to review the following:

    1. MSSM’s list of types and locations of all records and titles of officials responsible for the records.
    2. MSSM’s record of disclosures of personally identifiable information (see following section).

VI. REQUESTS TO AMEND EDUCATION RECORDS

Parents/eligible students may ask MSSM to amend education records they believe are inaccurate, misleading or in violation of the student’s privacy rights as follows:

    1. The parent/eligible student must make a written request to the Superintendent to amend the education record. The request must clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
    2. The Superintendent shall, within a reasonable period of time after the receipt of the request, either amend the record in accordance with the request or inform the parent/eligible student of its refusal to amend the record and inform the parent/eligible student of their right to request a hearing.
    3. If the parent/eligible student requests a hearing, it shall be held within a reasonable period of time from MSSM’s receipt of the written request. The parent/eligible student shall be given advance notice of the date, place, and time of the hearing. The Superintendent shall designate an individual to conduct the hearing. This individual may be an employee of MSSM so long as he/she does not have a direct interest in the outcome of the hearing. The parent/eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney.
    4. MSSM shall make its decision in writing within a reasonable period of time. The decision of the School shall include a summary of the evidence and the reasons for the decision.
    5. If, as a result of the hearing, MSSM decides that the information is inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall amend the education records of the student accordingly and so inform the parent/eligible student in writing.
    6. If, as a result of the hearing, MSSM decides that the information is not inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall inform the parent/eligible student of their right to include a statement in the student’s education record about the contested information and/or setting forth any reasons for disagreeing with the decision of MSSM.
    7. Any statement placed in the student’s education record under the preceding paragraph shall be maintained as long as the record or contested portion is maintained by MSSM. If the education record of the student or the contested portion is disclosed by MSSM to any party, the explanation shall also be disclosed.

VII. DISCLOSURE OF EDUCATION RECORDS

All disclosures of education records will be made in compliance with federal and state statutes and regulations. MSSM will maintain a record of disclosures of personally identifiable information from the education records of a student. Such records do not include disclosures to the parent/eligible student, disclosures made pursuant to written consent of the parent/eligible student, disclosures to School officials or any disclosures of directory information. MSSM will not disclose any personally identifiable information from the education records of a student without the prior written consent of the parent/eligible student. The written consent shall include a specification of the records which may be disclosed, the purpose(s) of the disclosure(s), and the identity of the party or parties to whom the disclosure(s) may be made. There are several exceptions to the requirement to obtain prior written consent before disclosing education records as follows:

    1. Directory Information. MSSM may make directory information (as described in the Definitions section) public at its discretion unless a parent/eligible student has notified the Superintendent in writing by September 15th or within thirty (30) days of enrollment, whichever is later. MSSM may disclose directory information about former students without the consent of the parent/eligible student.
    2. Military Recruiters/Institutions of Higher Education. Military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students, and MSSM must comply with any such request, provided that parents have been notified of their right to request that this information not be released without their prior written consent. Parents/eligible students who do not want MSSM to disclose this information must notify the Superintendent in writing by September 15th or within thirty (30) days of enrollment, whichever is later.
    3. School Officials with Legitimate Educational Interests. Education records may be disclosed to School officials with a “legitimate educational interest.” A School official has a legitimate educational interest if he/she needs to review an education record in order to fulfill his/her professional responsibility. School officials include person employed by MSSM as an administrator, supervisor, instructor or support staff member (including health or medical staff and MSSM’s designated law enforcement personnel, if any); members of the Board of Education; persons or companies with whom MSSM has contracted to provides specific services (such as attorneys, auditors, medical consultants, evaluators or therapists); and parents, students or volunteers serving on an official committee (such as a disciplinary or grievance committee) or assisting a School official in performing his/her professional responsibilities.
    4. Other Schools. Under Maine law (20-A M.R.S.A. § 6001-B), MSSM is required to send a student’s education records to a School to which a student applies for a transfer, including disciplinary records, attendance records, special education records and health records. Consent is not required for the transfer of these records, except for confidential health records. At the request of the Superintendent of the School where a student seeks admission, the student’s current or former School administrators shall provide, in a timely fashion, an oral or written report to the Superintendent indicating whether the student has been expelled or suspended or is the subject of an expulsion or suspension proceeding.
    5. Other Entities/Individuals. Education records may be disclosed to other governmental entities and individuals as specifically permitted by FERPA and the accompanying regulations.
    6. Information on the Internet. Under Maine law (20-A M.R.S.A. § 6001), MSSM shall not publish on the Internet any information that identifies a student, including but not limited to the student’s full name, photograph, personal biography, e-mail address, home address, date of birth, social security number and parents’ names, without written parental consent.

VIII. WAIVER OF CONFIDENTIALITY RIGHTS

A parent/eligible student may waive any of his/her rights regarding confidentiality of educational records, but any such a waiver must be in writing and signed by the parent/eligible student. The School may not require that a parent/eligible student waive his or her rights. Any waiver may be revoked with respect to actions occurring after the revocation. If a parent executes a waiver, that waiver may be revoked by the student any time after he/she becomes an eligible student.

IX. FEES FOR COPYING RECORDS

There shall be no charge to search for or retrieve education records of a student. MSSM shall provide copies of education records to parents/eligible students upon request. The cost of producing copies of the record to the parents/eligible student will be ten cents ($0.10) per page copied, plus postage. Parents/eligible students who are unable to pay such fees will not be denied access to education records.

X. MAINTENANCE AND DESTRUCTION OF EDUCATION RECORDS

    1. MSSM shall maintain accurate and up-to-date education records as required by federal and state statutes and regulations. A. Records shall be maintained by personnel who are knowledgeable about the applicable confidentiality. All records shall be safeguarded from unauthorized access. Student records must be kept in a fireproof storage at the School or a duplicate set kept off-site.
    2. The high School transcripts of all former students shall be kept in perpetuity by MSSM. A permanent record of a special education student’s name, address, phone number, grades, attendance record, classes attended, and grade and year completed shall be maintained without time limitations. All other records will be maintained in accordance with Maine State Rules for Disposition of Local Government Records (Schedule L).
    3. MSSM shall not destroy any education record if there is any outstanding request to inspect or review such records.
    4. Records of access to education records shall be retained as long as the records themselves.
    5. MSSM shall inform parents of students with disabilities when education records are no longer needed to provide educational services to the student or to demonstrate that the School has provided the student with a free appropriate public education as required by law. At that point, the records may be turned over to parent/eligible student upon their request, or destroyed in accordance with the parent’s request or MSSM procedures.

XI. COMPLAINTS

The United States Department of Education maintains an office that handles complaints about alleged violation of FERPA by local Schools. Complaints regarding violations of rights accorded parent/eligible students may be submitted in writing to:

    • Family Policy Compliance Office
    • Department of Education
    • 400 Maryland Avenue, S.W.
    • Washington, D.C. 20202

Legal Reference:

              • 20 U.S.C. § 1232g; C.F.R. Part 99
              • 20 U.S.C. § 7908
              • 20-A M.R.S.A. § 6001, 6001-B
              • Maine Department of Education Rules, Chapters 101 and 125
              • Maine State Archives, Rules for Disposition of Local Governmental
              • Records (Schedule L)
  • 1st Reading: September 11, 2010
  • Adopted: May 27, 2011

Section K: School-Community Relations

Section L: Education Agency Relations

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