K-12 Governance Structures: State Profile

K-12 Governance Structures: State Profile - Maine

November 2017


Data are collected using publicly available state constitutional language and state statutes. Updated as of Nov. 1, 2017.
 

Governor
What constitutional or statutory duties does the governor have as it relates to education? The supreme executive power of this state shall be vested in a governor.

The governor shall take care that the laws be faithfully executed.

Bills that have passed both houses shall be presented to the governor for signature if he approves, or he shall return it with objections if he disapproves. The governor has the power to disapprove any dollar amount appearing in an appropriation section or allocation section, or both.
What is the appointment authority provided to the governor in education? The governor appoints the commissioner of education and all 9 members of the state board of education.
Are the governor’s duties and powers and found in the state constitution? No
Are the governor’s duties and powers and found in the state statute? Yes
Citation M.R.S.A. Const. Art. 5, Pt. 1, § 1
M.R.S.A. Const. Art. 5, Pt. 1, § 12
M.R.S.A. Const. Art. 4, Pt. 3, § 2
M.R.S.A. Const. Art. 4, Pt. 3, § 2-A
20-A Me. Rev. Stat. Ann. § 251
20-A Me. Rev. Stat. Ann. § 401
Legislature
What constitutional or statutory powers does the legislature have as it relates to education policy? The legislature, with the exceptions hereinafter stated, shall have full power to make and establish all reasonable laws and regulations for the defense and benefit of the people of this state, not repugnant to this constitution, nor to that of the United States.

The legislature is authorized, and it shall be their duty to require, the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools. The legislature of the state shall have the right to grant any further powers to alter, limit or restrain any of the powers vested in any such literary institution, as shall be judged necessary to promote the best interests thereof.
What is the appointment or confirmation authority of the legislature in education? The joint standing committee of the legislature having jurisdiction over education reviews the governor's nomination for commissioner of the education. The legislature confirms the nominee.

Governor's appointments to the state board of education are subject to review by the joint standing committee of the legislature having jurisdiction over education matters and to confirmation by the senate.
Which committees in the legislature have jurisdiction over education issues? Joint Standing Committee:
Education and Cultural Affairs
Constitutional? Yes
Statutory? Yes
Citations M.R.S.A. Const. Art. 4, Pt. 3, § 1
M.R.S.A. Const. Art. 8, Pt. 1, § 1
20-A Me. Rev. Stat. Ann. § 251
20-A Me. Rev. Stat. Ann.  § 401
Chief State School Officer
What are the duties of the chief state officer? The commissioner may inspect and have general supervision over all public schools and shall advise and direct superintendents and school boards.

The commissioner shall promote the importance of ongoing training and development.

The commissioner shall provide for the administration of medication within schools.

The commissioner, in consultation with organizations representing school boards, administrators, teachers, and parents, shall develop statewide standards for responsible and ethical student behavior.

The commissioner shall create a model policy to address student health issues.

The commissioner shall provide technical assistance to local school districts.
What constitutional or statutory authority does the chief state school officer have as it relates to education policy? The commissioner shall exercise the powers and perform the duties granted to the department and enforce the requirements of this title and shall devote full time to the duties of the office.

The commissioner may hire personnel deemed necessary to fulfill the duties of the department.

The commissioner may authorize a designee to carry out the assigned duties.

The commissioner shall:

-Coordinate, consolidate and prepare a budget for the department.

-Transfer personnel within the department to ensure their efficient utilization.

-Coordinate the purchase and use of all department equipment.

-Review the function and operation of the department to ensure that overlapping functions and operations are eliminated.

-Provide leadership in the implementation of the system of learning results.
How is the chief state school officer selected? The commissioner of education is appointed by and serves at the pleasure of the governor.
Constitutional? No
Statutory? Yes
Citation 20-A Me. Rev. Stat. Ann. § 254
20-A Me. Rev. Stat. Ann. § 253
20-A Me. Rev. Stat. Ann. § 251
State Board of Education
What constitutional or statutory powers and duties does the state board of education have as it relates to education policy? The state board of education is responsible for formulating policy, advising the commissioner, and enforcing regulatory requirements.

The board's duties include:

-Making recommendations to the legislature.

-Approve the formation of school administrative districts.

-Review, when necessary, decisions made by the commissioner on applications for additions to, dissolution of, transfers among, withdrawals from and closing of schools in school administrative districts and community school districts.

-Establish standards for the certification of teachers.

-Develop and adopt a plan for the establishment of career and technical education centers.

-Approve standards for school construction.

-Develop long-range education goals and standards for school performance and student performance.

-Review the organization of school administrative units statewide to identify current cooperative agreements between school administrative units.
What is the composition of the state board of education? The state board of education consists of nine voting members and two nonvoting student members. Four members must reside in the state's first congressional district at the time of appointment, four members must reside in the state's second congressional district at the time of appointment, and one member may reside in either congressional district. The nonvoting student members must include one junior and one senior in high school. One student must reside in the first congressional district and one student must reside in the second congressional district.
How are members of the state board of education selected? All members of the state board of education are appointed by the governor and are subject to review by the joint standing committee of the legislature having jurisdiction over education matters and to confirmation by the senate. The state board of education selects three student finalists from a competitive application process for the governor's consideration and appointment.
Constitutional? No
Statutory? Yes
Citation 20-A Me. Rev. Stat. Ann. § 401-A
20-A Me. Rev. Stat. Ann. § 405
20-A Me. Rev. Stat. Ann. § 401
Executive-Level Secretary
Does the state have an executive-level secretary? N/A
What other duties does the executive-level secretary have? N/A
Constitutional? N/A
Statutory? N/A
Citation N/A

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