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An Act Regarding the Adoption of Education Policies by School Boards
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1005  is enacted to read:
§ 1005. Education policy
In order to be considered an education policy that may not be negotiated during collective bargaining pursuant to Title 26, section 965, the education policy must be adopted or revised by the school board in accordance with the following minimum requirements:
 
1.  Prohibition on delegation.     The school board may not delegate the authority to develop the substance of an education policy;
 
2.  Procedure for adoption or revision.     In the adoption or revision of an education policy, the school board must:
 
A.  Hold a public hearing on the proposed education policy at the school board meeting in which the first reading of the proposed education policy is held and at least 7 days prior:
 
(1) Provide public notice; and
 
(2) Publish the proposed education policy, including but not limited to posting the proposed education policy on any publicly accessible website that the school administrative unit operates and providing copies to any member of the public at the superintendent's office;
 
B.  At least 2 weeks but no more than 8 weeks after the first reading of the proposed education policy under paragraph A, hold a 2nd reading of the proposed education policy at a public meeting. Public notice of the meeting must be provided at least 7 days prior to the meeting; and
 
C.  Provide that if the proposed education policy does not gain support of a majority of school board members, the proposed education policy is not adopted or revised;
 
3.  Wages, hours, working conditions and contract grievance arbitration.     An education policy may not include wages, hours, working conditions or contract grievance arbitration; and
 
4.  Education policy adopted prior to the effective date of this section.     An education policy adopted in written form prior to the effective date of this section is deemed to be an education policy that may not be negotiated during collective bargaining pursuant to Title 26, section 965. A school board may not revise an education policy under this subsection unless the school board uses the procedure required in subsection 2.
A school board may not repeal an education policy adopted pursuant to this section unless the school board uses the procedure required in subsection 2.
 
SUMMARY
This bill provides that in order to be considered an education policy that may not be negotiated during collective bargaining, the policy must be adopted by the school board pursuant to the procedure established in the bill. The bill prohibits the school board from delegating the authority to develop such a policy.