Mandate: Statutes Title 20-A 4711 (2001) and 4721 (2001) require schools to provide instruction to students in elementary and secondary levels, however, grades or amount of time are not specified. According to Statute Title 20-A 4723 (1983), the secondary course of study shall include instruction in health, safety and physical education, as prescribed by the commissioner, and physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system."

Education Rule Chapter 131 (1997), adopted by the Maine State Board of Education, provides standards for health and physical education (beginning on page 91). For high school students in school through 2006-07, Chapter 127 (2002) requires unit in Health and 1 unit in Physical Education in order to graduate. This Rule also provides a timeframe for the establishment of an assessment system that includes health and physical education for grades K-4, 5-8, and high school.

Curriculum Content: Chapter 127 requires instruction to be given in the following 10 content areas:  community health, consumer health, environmental health, family life, growth and development, nutritional health, personal health including mental and emotional health, prevention and control of disease and disorders, safety and accident prevention which may include CPR, and  substance abuse, including the effects of alcohol, drinks, stimulants, and narcotics upon the human system.

State Assessment Requirement: Title 20-A Chapter 207-A & Chapter 222 provide guidance on the instruction standards and assessment requirements.

Mandate: Statute Title 20-A 4711 (2001) requires all elementary schools to provide the basic coursework, which includes  physical education, for all students. Education Rule Chapter 131 (1997) requires students in grades K-12 be taught about the health benefits of physical activity. Statute Title 20-A 4723 (1983) requires the secondary course of study to include physical education and Statute Title 20-A 4721 (2001) further prescribes the course of study to be at least 2 years in length.  Education Rule Chapter 127 (2002) requires one credit of physical education for graduation from high school.

Exemptions: None specified.

Curriculum Content: PreK-12 standards that aim to help students acquire knowledge, develop motor skills, and demonstrate responsible behavior in physical activity settings are provided for physical education in Health and Physical Education (1997).

Physical Fitness Assessment: Title 20-A Chapter 207-A & Chapter 222 provide guidance on the instruction standards and assessment requirements.

Not specifically required.

Education Rule Chapter 127 (2002) includes in its standards and expectations for students to receive instruction on mental and emotional health at the elementary, middle, and high school levels.

Education Rule Chapter 131 (1997) requires certain mental, emotional, and social health standards be taught to students. Standard 1 requires students in grades 3-12 be taught the indicators and interrelationships of physical, mental, emotional, and social health. Stress management and its effects on health are also to be taught in grades 3-4 and 9-12. Standard 3 requires students in grades preK-2 and 5-12 be taught emotional coping strategies and stress management. Standard 5 requires students in grades preK-2 be taught how to properly express feelings.

Education Rule Chapter 125 (2002) requires that school's Comprehensive Guidance Programs include a structured classroom program to meet the required content standards of the system of Learning Results.

Character Education: Education Rule Chapter 127 requires Instruction in ethical and responsible behavior [to] be part of the educational program of each student".

Mandate: 22 MSRS 1910 (2002) requires the Commissioner to implement "comprehensive family life education" services. The definition of "comprehensive family life education" in 22 MSRS 1902 (2002) includes instruction in kindergarten to grade 12 regarding human development and sexuality, "including education on family planning and sexually transmitted diseases, that is medically accurate and age appropriate; that respects community values and encourages parental communication." The education education must promote "responsible sexual behavior with an emphasis on abstinence; addresses the use of contraception; promotes individual responsibility and involvement regarding sexuality; and teaches skills for responsible decision making." 

Education Rule Chapter 132 provides the standards for health education, including C. Healthy Practices and Behaviors with a specific reference that high school students demonstrate healthy practices and or behaviors to improve the health of self and others in the prevention of STDs, HIV, and unintended pregnancy.

Curriculum Content: The state does not require schools to follow a specific curriculum; however, the Department of Education provides no-cost training on evidence-based curricula to schools.

Parental Approval: Education Rule Chapter 127 (2002) allows parents to request that accommodations be made for a student when the curriculum "conflicts with sincerely held religious beliefs" (an "opt-out" policy).

Maine also funds training to school and youth staff in 2 to 4 day session.

Education Rule Chapter 131 (1997) requires students in grades preK-12 to be taught about healthy eating.

Alcohol: Education Rule Chapter 127 (2002) includes in its standards and expectations for students to receive instruction on the effects of alcohol to be taught at the elementary, middle, and high school levels. Statute Title 20-A 4723 (1983) further states that the secondary course of study shall include instruction on the effects of alcoholic drinks, stimulants and narcotics upon the human system." Standard 1 of Education Rule Chapter 131 (1997) requires students in grades 5-12 learn to analyze and evaluate the effects of risky behaviors, such as alcohol use, on personal health.

Tobacco: Education Rule Chapter 127 includes in its standards and expectations for students to receive instruction on the effects of tobacco to be taught at the elementary, middle, and high school levels.  Standard 1 of Education Rule Chapter 131 requires students in grades 5-12 learn to analyze and evaluate the effects of risky behaviors, such as tobacco use, on personal health.

Drugs: Education Rule Chapter 127 includes in its standards and expectations for students to receive instruction on the effects of drugs to be taught at the elementary, middle, and high school levels. Statute Title 20-A 4723 further states that the secondary course of study shall include instruction on the effects of alcoholic drinks, stimulants and narcotics upon the human system."  Standard 1 of Education Rule Chapter 131 requires students in grades 5-12 learn to analyze and evaluate the effects of risky behaviors, such as drug use, on personal health.

Bullying/Harassment: Not specifically required.

Fighting/Gangs: Standard 3 of Education Rule Chapter 131 (1997) requires students in grades 3-12 be taught how to deal with and avoid threatening situations, such as physical, emotional, and sexual abuse. Standard 5 requires students in grades 3-12 be taught conflict resolution skills and other non-violent strategies to resolve conflicts.

Suicide and Other Self-Abuse Prevention: Not specifically required.

Professional Development: No specific state policy; however, training in health topics may be used to fulfill the general six credit hours of professional development required every five years per Education Rule Chapter 115 (2004).

Pre-service requirement: The minimum requirement for prospective health teachers in elementary school prior to licensure is a bachelor's degree, with one course in health. For prospective health teachers in middle and high school the requirement is a bachelor's degree with at least 36 credit hours in health. The specific details of initial licensure are outlined in Education Rule Chapter 115, Section 5520 (1997).

Professional Development: Education Rule Chapter 115, Section 5520 requires six hours of approved study, preferably in the certificate area, for certificate renewal.

Pre-service Requirement: For prospective physical education teachers in elementary, middle, and high school the requirement is a bachelor's degree with at least 36 credit hours in physical education. The specific details of initial licensure are outlined in Education Rule Chapter 115, Section 5510 (1997).

Professional Development: Rule Chapter 115, Section 5510 requires six hours of approved study, preferably in the certificate area, for certificate renewal.

Pre-service Requirement: For certification as a school nurse, Education Rule Chapter 115, Part 2, Section 1.16 (2005) requires a candidate to hold a current registered nursing license in the state of Maine and possess a baccalaureate degree from an accredited institution. The candidate must have a minimum of three years experience as a nurse, with 1 of those years within the previous 5 years prior to initial application. For licensure as a registered nurse, a candidate must have completed a state accredited program of registered nursing of not less than 2 years.

Professional Development: All certified school nurses are required to complete continuing education to maintain licensure.

Student-to-Nurse Ratio: Statute Title 20-A 6403-A (1985) requires each school board to appoint a registered professional nurse to supervise and coordinate health services and health-related activities. Maine's Essential Programs & Services (1997) established 800 students: 1 school nurse, as part of the school funding formula.

Pre-service Requirement: Statute Title 20-A 254 (2001) requires the commissioner of the department of education to adopt administration of medication rules for public schools, which include the training of unlicensed personnel to administer medication. The statute further requires schools to allow students to carry their own emergency medications (asthma inhaler and epipen) with parental permission, physician approval, and school nurse verification of competency according to Chapter 40 (2005), the Medication Administration Rule. 

Professional Development: Statute Title 20-A 254 stipulates that unlicensed personnel must receive training in order to be allowed to administer medication.

Pre-service Requirement: Rule Chapter 115, Section 8075 (1997) requires a minimum of a master's or doctorate degree in school guidance counseling from an accredited and approved program, the program's recommendation, and a minimum of 33 graduate credits in nine areas specified in this rule. Maine also requires the equivalent of two documented years of work experience and the completion of a one academic year graduate level school counseling internship. Statute Title 20-A 4008 (1989) also requires a school counselor candidate at a minimum to possess a master's degree from an approved guidance and counseling program.

Professional Development: Education Rule Chapter 115, Section 8075 requires six hours of approved study, preferably in the certificate area, for certificate renewal.

Student-to-Counselor Ratio: Maine's Essential Programs & Services (1997) recommends there be a 350:1 ratio in elementary and middle schools and a 250:1 ratio in high schools.

Pre-service Requirement: Elaborating on Statute Title 20-A 13022 (1993), Education Rule Chapter 115, Section 8093 (1998) requires a minimum of two recommendations from licensed providers of school psychology and either an appropriate graduate degree in psychology, a current National Certified School Psychologist's certificate from the National School Psychology Certification Board (NSPCB), or a valid license from the Board of Examiners of Psychologists of Maine. Further, unless a candidate holds a NSPCB certificate, a supervised 1500 clock hour internship in school psychology is required.

Professional Development: Education Rule Chapter 115, Section 8093 requires two academic years of documented post-internship experience in a school setting and receiving either a valid NSPCB certificate or a valid license from the Board of Examiners of Psychologists of Maine for certificate renewal. After first renewal, all subsequent renewals will be concurrent with the issuance of either said certificate/license.

Student-to-Psychologist Ratio: None specified.

Pre-service Requirement: Statute Title 20-A 4008 (1989) requires a school social worker to possess a bachelor of arts and a conditional license from the State Board of Social Worker Licensure.

Professional Development: None specified.

Student-to-Social Worker Ratio: None specified.

Pre-service Requirement: None specified.

Professional Development: None specified.

Pre-service Requirement: None specified.

Professional Development: Within one year of hire, coaches must complete a coaching eligibility course and maintain First Aid/CPR/AED certification (Maine Principals’ Association).

Additional Accountability Requirements: None

Additional Content Requirements: None

Guidance Materials: The State Board of Education adapted its model local wellness policy (2005) directly from the Michigan State Board of Education's Policy (2005).

Other: None

Food Services: Statute Title 20-A 6602 (2001) requires public schools to provide nonprofit school food service programs by participating in the National School Lunch Program and providing Type A" meals. Only secondary schools limited to grades 9-12 are exempt. Furthermore, the Commissioner may assess the nutritional benefits of school lunch programs and report to the state board.

Title 20-A 6662.1 (2005) requires that food service programs post caloric information for pre-packaged a la carte menu items at point-of-decision.  It also requires the Department of Education to establish standards for food and beverages sold or distributed on school grounds but outside of school meal programs. These standards must include maximum portion sizes, except for portion sizes for milk, that are consistent with single-serving standards established by the USDA.

Adequate Time to Eat: No state policy.

School Breakfast: Sec 1. 20-A MRSA c. 6602 (2007) requires all schools that serve breakfast to provide breakfast  to all children eligible for free and reduced-price meals at no cost to the student.

Food Allergies: No state policy.

Farm-to-School: Sec. 1. 20-A MRSA c. 223, sub-c. 9 (2005) requires the Department of Education, in collaboration with the Department of Agriculture, to implement the USDA's Farm to School Program to provide locally grown fruits and vegetables in public schools.

Vending Machines/School Stores: Education Rule Chapter 51 (2006) bans the sale of foods of minimal nutritional value as defined by federal regulation 7 CFR 210.11 on school property 24 hours a day, seven days a week with exceptions under local school board policy for public events and sales to school staff. This policy effectively eliminates all sodas, candy, gum and many high calorie snack sales in vending machines and school stores. 

Other Food Sales: Education Rule Chapter 51 establishes that any food or beverage sold at any time on school premises for schools participating in the National School Lunch or School Breakfast programs must be a planned part of the total food service program of the school. These food and beverages shall only include items that contribute to the nutritional needs of children and develop desirable food habits and eliminates foods of minimal nutritional value. Revenue from all food and beverage sales on school premises shall be accrued to the benefit of the schools' non-profit school food service program with the exception of the local board's approval of a school or student organization to benefit from the sales. This includes foods and beverages sold at community events, school stores, and in vending machines.

Marketing: Sec. 1. 20-A MRSA 6209 (2005) prohibits advertising on school grounds of foods and beverages other than healthy foods and beverages, as defined by the Department of Health and Human Services.

School Gardening: No state policy.

General Physical Activity Requirement:  No state policy.

Recess or Physical Activity Breaks: No state policy recommending or requiring recess.

Recess Before Lunch: The Guidelines for Coordinating School Health Programs/Nutrition and Food Services Guidelines (2002) recommend schools to consider recess before lunch to improve student behavior and increase nutrition intake.

Walking/Biking to School: No state policy.

Interscholastic Athletics: No state policy.

Concussion and Sports-Related Head Injury: No state policy.

Automated External Defibrillator (AED): No state policy.

Title 20-A 1001 requires each school board to adop a district-wide student code of conduct consistent with the statewide standards for student behavior developed under section 254, subsection 11. The student code of conduct must: (a) Define unacceptable student behavior, (b) establish standards of student responsibility for behavior, (c) prescribe consequences for violation of the student code of conduct,(d) describe appropriate procedures for referring students in need of special services to those services, (e) establish criteria to determine when further assessment of a current individual education plan is necessary,(f) Establish policies and procedures concerning the removal of disruptive or violent students or students threatening death or bodily harm to others from a classroom or a school bus, along with student disciplinary and placement decisions, when appropriate, (g) Establish guidelines and criteria concerning the appropriate circumstances when the superintendent or theirdesignee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence committed by any person on school grounds or other school property; and (h) establish policies and procedures to address bullying, harassment and sexual harassment.

Fighting/Gangs: No state policy.

Weapons: Statute Title 20-A 6552 (1989) prohibits any person, unless in law enforcement or a supervised school program, from possessing a firearm on public school property or discharging one within 500 feet of school property. Violation of this policy is a Class E crime.

Drugs and Alcohol: No sttate policy.

Collaboration with Law Enforcement: No state policy.

Bullying/Harassment: Sec 1.20-A MRSA Sec 254, 11-A (2012) requires the commissioner to develop a model policy to address bullying and cyberbullying. A copy of the model policy must be sent to each school administrative unit and posted on their website. In addition, the commissioner must create a procedure for reporting incidents of bullying or cyberbullying.  

Sec. 3. 20-A MRSA §6554 (2012) defines bullying and cyberbullying and prohibits bullying on school grounds. “School grounds” is broadly defined and includes a school building, property on which a school building or facility is located, property that is owned, leased or used by a school for a school-sponsored activity, function, program, instruction or training, and school-related transportation vehicles. The prohibition on bullying and retaliation and the attendant consequences apply to any student, school employee, contractor, visitor or volunteer who engages in conduct that constitutes bullying or retaliation. It requires local school boards to develop policies and procedures that are consistent with the model policy. The policy must include the following:

Cyberbullying:   Sec. 3. 20-A MRSA §6554 (2012) also defines bullying and cyberbullying and prohibits bullying on school grounds. Cyberbullying is defined as bullying through the use of technology or any electronic communication, including, but not limited to, a transfer of signs, signals, writing, images, sounds, data or intelligence of any nautre transmitted by the use of any electronic device, including, but not limited to, a computer, telephone, cellular telephone, text messaging device and personal digital assistant.

Hazing: Statute Title 20-A 6553 (1999) requires school boards to adopt a prohibitive policy "against 'injurious hazing,' either on or off school property, by any student, staff member, group or organization" affiliated with a public school. Penalties include the suspension or expulsion of a student, administrator, or staff violator; ejection from school property of a person not associated with the public school; and rescission of permission for to operate on school property or receive any other benefit of affiliation with the public school for organizations in violation of the hazing policy. This statute is also implemented in the System-Wide Student Code of Conduct.

Response and Management Plans: Statute Title 20-A 1001.16 (2001) requires the school board to, annually approve a plan developed by the school unit administration working with local public safety, mental health and law enforcement officials to deal with crises and potential crisis situations involving violent acts by or against students in each school in the school administrative unit".

Reporting Incidents of Violence: The requirements of the system-wide student code of conduct mandate that all serious offenses, as determined by the Superintendent, must be reported to law enforcement authorities".

Public Law Chapter 499, Section 2.5 1742-E (1997) requires the Maine State Department of Administrative and Financial Services to provide indoor air quality assessment and mitigation oversight services for public schools. Public Law Chapter 50, H.P. 725 L.D. 945 (2001) also addresses air quality by requiring the establishment of a Task Force to Examine the Establishment and Implementation of State Standards for Indoor Air Quality in Maine Schools."

Statute Title 30-A 6006-F (2001) allows the use of the School Revolving Renovation Fund for school repair and renovation, which includes improving air quality in a school building. Statute Title 20-A 258-B (1995) allows requests to be made for an inspection of schools to test air quality according to the criteria outlined in Statute Title 20-A 258-A (1985). Similarly, Statute Title 20-A 15912 (1981) allows the commissioner to initiate an inspection if it appears that the school has failed to maintain a healthy and safe school facility. Finally, Statute Title 20-A 6302 (1991) requires each school administrative unit to ensure that heating, ventilation, and air-conditioning systems are maintained according to the state building standards code and that annual inspections of the systems are conducted.

Statute Title 26 565-A (1991) requires the Occupational Safety Rules and Regulations Board to work with the Bureau of Public Improvements to evaluate indoor air quality and ventilation in public school buildings occupied by state employees.

Green Cleaning: Resolution Chapter 32 LD 88 (2007) requires the Department of Education to compile a list of cleaning products that have been certified as meeting health-based criteria for safety and efficacy by a 3rd-party independent agency. The list should be distributed to every administrative unit on a yearly basis. Similarly, the Department must compile a list of disinfectants evaluated and considered environmentally prefered environmental products. The Department must develop and distribute recommendations for cleaning procedures that will reduce the use of toxic chemicals and improve indoor air quality while meeting performance standards for cleanliness. The Resolution requires the Department to compile and maintain a list of school administrative units that have committed to implementing a green cleaning program.
 

In Rule Chapter 27, Section 1 (2005) of the Standards for Pesticide Applications and Public Notification in Schools provided by the Board of Pesticide Control, all public and private schools are required to adopt and implement a policy applying integrated pest management techniques in school buildings and on school grounds. All schools are required to appoint an IPM Coordinator and provide the first 2 weeks of the school year notification to all school staff and parents of the IPM policy. Lastly, the signs are required to be posted indicated the area treated at least 2 days prior to application.

Vision and Hearing: Statute Title 20-A 6451 (2003) requires school districts to periodically screen for sight and hearing defects. DOE Rule Chapter 45 provides for the specification of vision and hearing screenings.

Chronic Health Conditions: No state policy.

Body Mass Index (BMI) Screening:  Statute title 20-A MRSA 6455 (2009) requires a school nurse or trained screener to collect body mass index from students in the school administrative unit in accordance with rules of the Department of Health and Human Services. Data may not be collected from a student whose parent or guardian objects on religious or philosophical grounds. Data must be reported in an aggregate manner to the Maine Center for Disease Control and Prevention. 

Staff Administration: Statute Title 20-A 6403-A (1985) requires each school board to appoint a registered professional nurse to supervise and coordinate health services and health-related activities. Further details for the administration of medication by school personnel is found in Guidelines - Training of Non-Licensed Personnel in Medication Administration Instructor's Manual (2006).

Statute Title 20-A 254, Section 5A requires the commissioner of the department of education to adopt administration of medication rules for public schools. Statute Title 20-A 254, Section 5B (1999) further requires public schools to have written local policy and procedures for administering medication. DOE Rules on medication administration are found in Chapter 40 (2006).

Self-Administration of Asthma Medication: Statute Title 20-A 254, Section 5C (2003) requires each local school to have written policy authorizing students to possess and self-administer emergency medication from an asthma inhaler. The policy must include prior written approval from the student's primary healthcare provider and from the parents or guardians, and the school nurse must evaluate the student's technique of use of medication. DOE Rule Chapter 40 requires public schools to have written local policy authorizing students to possess and self-administer emergency medication from an asthma inhaler or an epinephrine pen. A student must have prior written approval from a primary health care provider and the parent or guardian if the student is a minor, and the school nurse must evaluate the student's technique in their use of medication.

Self-Administration of Anaphylaxis Medication: Statute Title 20-A 254, Section 5C (2003) requires each local school to have written policy authorizing students to possess and self-administer emergency medication from an epinephrine pen. The policy must include prior written approval from the student's primary healthcare provider and from the parents or guardians, and the school nurse must evaluate the student's technique of use of medication. DOE Rule Chapter 40 requires public schools to have written local policy authorizing students to possess and self-administer emergency medication from an asthma inhaler or an epinephrine pen. A student must have prior written approval from a primary health care provider and the parent or guardian if the student is a minor, and the school nurse must evaluate the student's technique in their use of medication.

Psychotropic Medications: No state policy.

Storage and Record-keeping: Secretary of State Rule Chapter 29 (2005) requires records to be stored in a fire proof safe or vault. It requires that health records be kept for 6 years after the student reaches 18 years of age or return to the parent or student.

Requirement to Provide Services: Education Rule Chapter 125, Section 9.02 (2002) requires schools to have a Comprehensive Guidance Program, which includes guidance and counseling services, for grades K-12 to the immediate needs and concerns of students, parents, and staff.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: Education Rule Chapter 125, Section 9.02 requires schools to provide counseling and consultation services to respond to the immediate needs and concerns of students, parents, and staff.

Suicide Prevention: The Maine Youth Suicide Prevention Program, which includes the Cheryl DiCara Task Force (2003), is a statewide initiative aimed at reducing the incidence of suicide in youth age 10-24.

Detailed, current information about immunization requirements by state is maintained by the National Network for Immunization Information.  Select your state from the drop down box under Search for State Vaccine Requirements for School Entry."

Exemptions: 20-A 6355 (2001) allows exemption from immunization requirements under the following circumstances: (1) The parent or child provides a written statement from a physician stating that immunization against one or more of the diseases may be medically inadvisable, or (2) The parent provides a written declaration stating a sincere religious belief contrary to immunization requirements or opposition to immunizations for philosophical reasons.  When a public health official has reason to believe that the continued presence in a school of a student who has not been immunized against one or more diseases presents a clear danger to the health of others, the public health official will notify the chief administrative officer of the school. The chief administrative officer may excluded the student from attending school during the period of danger or until the student receives the necessary immunization.

No state policy.

No state policy.

No state policy.

No state policy.

State-level: The state does not mandate the formation of a school health coordinating or advisory council, nor does it require schools or districts to do so. However, Statute Title 22 1700 (2002) requires the state Bureau of Health to establish an asthma prevention and control program to lead and coordinate activities on asthma prevention and intervention.

Public Health Rule Chapter 95, H.P. 363 L. D. 471 (2003) establishes the Commission to Study Public Health to study the causes of obesity and methods to reduce health care costs, and increase public health. The Commission shall include one representative from an organization of school principals and parent-teacher organizations.

Executive Order (2003) establishes the Governor's Council on Physical Fitness, Sports, Health and Wellness with the purpose to advise the Governor of ways to foster a healthy citizenry and offer solutions to the health challenges in the state.

Local-level: No state policy.

State-level: No state policy.

Local-level: No state policy.

Student Health-Related Records: No state policy.

Student Health-Related Services: Statute Title 20-A 6001-B (2003) limits the transfer of confidential information when a student transfers to another school. Information such as that which concerns health care and treatment require parental consent for release. Statute Title 20-A 4008 (1989) makes communications between a person and a school counselor or school social worker privileged. Statute Title 20-A 6001-B limits the transfer of confidential information when a student transfers to another school. Information such as that which concerns mental health treatment, alcohol and drug treatment, and HIV infection status requires parental consent for release.