A.__Timely presentation of student educational records pursuant to section 6001-B and other appropriate information, including confidential criminal justice information regarding juveniles pursuant to section 1055, subsections 11 and 12;

B.__The level and scope of technical assistance to be provided by the department to local school officials and the level and scope of training that local school administrative units must provide to school personnel who may have access to confidential criminal justice information regarding juveniles pursuant to section 1055, subsections 11 and 12; and

C.__Annual reporting to the department by superintendents of the number of juvenile offenders who are released or i.discharged from juvenile correctional facilities in the State and who enroll in schools located within their local school administrative units.__The department shall provide forms for reporting.

Sec. 3. 20-A MRSA §1055, sub-§12 is enacted to read:

12.__Reintegration teams.__Within 10 days after receiving information from a criminal justice agency official pursuant to Title 15, section 3308, subsection 7-A, the superintendent shall convene a reintegration team.__The reintegration team must consist of the administrator of the school or the administrator's designee, at least one classroom teacher to whom the student will be assigned or who is involved in the school's student assistance team, a parent, guardian or custodian of the student and a guidance counselor.__The reintegration team is entitled to receive the information described in Title 15, section 3308, subsection 7-A, paragraphs A to F and any other information

permitted by the written consent of the student's parent, guardian or custodian.__The reintegration team shall also determine on the basis of need which school employees may receive that information.

Confidentiality of the criminal justice information regarding juveniles must be ensured at all times, and the information may be released only under the conditions of this subsection.__The superintendent shall ensure that confidentiality training is provided to all school employees who have access to the information.

Sec. 4. 20-A MRSA §2902, sub-§8, as amended by PL 1999, c. 669, §3, is further amended to read:

8. Release of student records. Upon the request of a school unit, release copies of all student records for students transferring from the private school to the school unit; and

Sec. 5. 20-A MRSA §2902, sub-§9, as enacted by PL 1999, c. 669, §4, is amended to read:

9. Medication. Meet the requirements for administering medication under section 254, subsection 5.; and

Sec. 6. 20-A MRSA §2902, sub-§10 is enacted to read:

10.__Reintegration planning.__Meet the requirements for administering reintegration planning under section 254, subsection 12.

Sec. 7. 20-A MRSA §4502, sub-§5, ¶M, as amended by PL 1999, c. 669, §6, is further amended to read:

M. The use of time-out areas, administered in accordance with standards adopted by the department and with this paragraph. The use of a time-out area is subject to the following:

(1) The time-out area must be well ventilated and sufficiently lighted. The time-out area may not be locked; and

(2) The time-out area must be designed to ensure the safety of the student so that the student is supervised by a professional staff member in the room or can be observed from outside of the time-out area and can be heard by a person supervising the time-out area; and

Sec. 8. 20-A MRSA §4502, sub-§5, ¶N, as enacted by PL 1999, c. 669, §7, is amended to read:

N. Preparation of a written local policy and implementation of training for all unlicensed personnel who administer medication in accordance with the requirements under section 254, subsection 5.;and

Sec. 9. 20-A MRSA §4502, sub-§5, ¶O is enacted to read:

O.__Preparation of a written local policy and implementation of training for all guidance counselors and school personnel who administer reintegration planning pursuant to section 254, subsection 12, who participate in a reintegration team and who have access to confidential criminal justice information regarding juveniles pursuant to section 1055, subsection 12.

Sec. 10. 20-A MRSA §4502, sub-§7, as enacted by PL 1999, c. 770, §2, is amended to read:

7. Juvenile corrections facilities. An educational program or school for juveniles located in or operated by a correctional facility must be reviewed for approval by the department on an annual basis, with special attention paid to alternative educational programming and discharge planning and related transition services provided to juveniles who are released from juvenile correctional facilities and transferred to public schools in the State. The department shall report to the joint standing committees of the Legislature having jurisdiction over appropriations, criminal justice and education matters on the results of the review by January 15th of each year.

Sec. 11. 20-A MRSA §5151, as enacted by PL 1985, c. 774, §5, is amended to read:

§5151. Technical assistance for truants, dropout prevention and

reintegration and alternative education

The commissioner shall provide technical assistance regarding truancy, dropouts and reintegration and alternative educational programs. To do this, the commissioner shall employ at least one consultant whose sole responsibility is to cover the area of truancy, dropouts and alternative education.

1. Qualifications. Any consultant must be knowledgeable in the problems of truancy and dropouts and reintegration and policies and programs pertaining to the problem problems and have this as his the consultant's sole responsibility.

2. Duties. The consultant shall:

A. Provide technical assistance to school administrative units and private schools approved for tuition purposes to establish alternative programs;

B. Develop screening tools for early identification of potential dropouts;

C. Act as a clearinghouse for information on alternative education programs in the State, on exemplary programs in other states and on research pertaining to the subject, and promote effective programs;

D. Function as a liasion liaison among the commissioner, department staff, advisory committee and school administrative units and private schools as it pertains to truants, dropouts and reintegration, alternative education and adult education;

E. Develop model curricula and programs for alternative educational schools and programs;

F. Assess and provide for the evaluation of alternative educational programs consistent with the standards established by the commissioner;

G. Develop training programs for superintendents, principals and school attendance officers to improve effectiveness in performance of their duties as pertains to truants, dropouts and reintegration and alternative education;

H. Develop and submit a plan on behalf of the commissioner for the joint standing committee of the Legislature having jurisdiction over education and the state board on the prevalence of truancy and dropouts, assess alternative and adult educational programs and prepare positive strategies to prevent and remedy the problems identified, including reintegration planning for juvenile offenders who have been released from juvenile facilities and are enrolling in schools in the State;

I. Have the responsibility for preventive and alternative programs;

J. Collect data on the scope of the dropout and truancy problem in the State;

K. Evaluate the scope of the problem of dropouts and truants and programs and policies directed to meet it, including reintegration planning and aftercare services provided for juvenile offenders who have been released from juvenile facilities and have enrolled in schools in the State;

L. Provide staff services to the advisory committee; and

M. Plan and coordinate programs and grant writing to stimulate programs and research on the problem of dropouts, truants, alternative education and adult education.

Sec. 12. 20-A MRSA §5152, sub-§2, as enacted by PL 1985, c. 774, §5, is amended to read:

2. Duties of the advisory committee, as appointed by the commissioner. The advisory committee shall advise the commissioner on the development and implementation of state and local policies and programs that are needed to deal effectively with the incidence of truancy and dropouts in state schools. They should consider their mandate in a broad context to assess the causes of truancy and dropouts, the effectiveness of alternative and prevention programs and the social and educational programs or changes needed to encourage students to remain in school, including reintegration planning and aftercare services provided for juvenile offenders who have been released from juvenile facilities in the State and have enrolled in schools in the State.

Sec. 13. 20-A MRSA §6001-B, as enacted by PL 1999, c. 351, §3, is amended to read:

§6001-B. Transfer of education records

1. Education records must follow students who transfer. Education records must follow students who transfer to a school in another school administrative unit in the State. The education records of students who transfer from educational programs or schools for juveniles located in or operated by correctional facilities or out-of-state schools are also subject to this requirement.

2. Transfer of records. Upon application of a student to transfer to another school administrative unit in this State or to enroll at a school administrative unit in this State from an educational program or school for juveniles located in or operated by a correctional facility or a school outside of the State, and upon the written request of the superintendent of the school administrative unit into which the student seeks

admission, school administrators at the school administrative unit from which the student is transferring shall provide all of the student's education records, including special education records, to school administrators at the school administrative unit to which the student is seeking a transfer.

3. Determination of disciplinary status of student applying for transfer; discretion of school to accept student. At the request of the superintendent of the school administrative unit into which 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 receiving school administrative unit indicating whether the student has been expelled or suspended or is the subject of an expulsion or suspension proceeding. In the case of a student who has been expelled or suspended or is the subject of an expulsion or suspension proceeding, the receiving school administrative unit may deny admission or participation in public school programs, facilities or activities as part of an equivalent instruction program pursuant to section 5021 until the school administrative unit is satisfied that the conditions of the expulsion or suspension have been met.

3-A.__Determination of status of juvenile applying for transfer; discretion of school to accept juvenile.__At the request of the superintendent of the school administrative unit into which a student seeks admission, a criminal justice agency official shall provide, in a timely fashion, an oral or written report to the superintendent of the school or the superintendent's designee indicating whether the student is seeking to transfer from an educational program or school for juveniles located in or operated by a correctional facility and whether or not the student is in compliance with an informal adjustment alternative program or conditions of probation pursuant to Title 15, section 3308, subsection 7-A as determined by a juvenile community corrections officer or ordered by the court.__In the case of a student who is not in compliance with an informal adjustment alternative program or conditional probation or is the subject of an adjudication proceeding, the receiving school administrative unit may deny admission or participation in public school programs, facilities or activities as part of an equivalent instruction program pursuant to section 5021 until the school administrative unit is satisfied that the conditions of the informal adjustment alternative program, conditional probation or adjudication proceeding have been met.

4. Notice to parents and guardians. Prior to the start of the 2000-01 school year and each school year thereafter, a school administrative unit shall send a written notice to parents or guardians of every student enrolled in the school administrative

unit that education records must be sent to a school administrative unit to which a student applies for transfer. Beginning with the 2001-2002 school year, an educational program or school for juveniles located in or operated by a correctional facility shall send a written notice to parents, guardians and custodians of every student enrolled in that educational program or school for juveniles located in or operated by the correctional facility that education records must be sent to a school administrative unit to which a student applies for transfer. The notice provided to parents and, guardians and custodians must comply with the standards of the federal Family Education Rights and Privacy Act of 1974, Public Law 93-380, as amended by Public Law 93-568.

Sec. 14. Department of Corrections, Department of Education and Department of Mental Health, Mental Retardation and Substance Abuse Services progress report. The Commissioner of Corrections, the Commissioner of Education and the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services and the chair of the policy review council established under the Maine Revised Statutes, Title 34-A, section 3002-A or their designees shall present an annual report to the Council on Children and Families established in Title 5, chapter 438 and the Children's Cabinet established in Title 5, chapter 439 on or before December 15th of each year, with the first report presented on or before December 15, 2001. State officials from each of these agencies shall jointly provide a report on:

1. The implementation of the Learning for Life program described under Appendix D of "The Report of the Task Force on Educational Programming at Juvenile Correctional Facilities," including the memorandum of understanding regarding the integrated delivery of educational programs and behavioral health, mental health and substance abuse services that are to be provided to juveniles who receive educational services through educational programs or schools for juveniles located in or operated by correctional facilities in the State; and

2. The progress of implementing interagency initiatives designed to improve the effectiveness of release and discharge planning, transition services, aftercare services and reintegration planning provided to youths discharged from juvenile correctional facilities.

SUMMARY

This bill implements the recommendations of the task force on educational programming at juvenile correctional facilities and accomplishes the following:

1. Provides that criminal justice agency officials must provide notice to the superintendent of the school to which a juvenile who has been charged in a juvenile petition that alleged the use or threatened use of physical force against a person or who was adjudicated as having committed one or more juvenile crimes seeks admission of the availability of information concerning that juvenile;

2. Provides that, upon request of a superintendent of the school in which a juvenile seeks admission, a juvenile community corrections officer must provide the superintendent with certain information related to the current status of a juvenile's compliance with any informal adjustment alternative program, supervised work or service program, restitution program, juvenile drug treatment court program or conditions of probation as determined by a juvenile community corrections officer or ordered by the court;

3. Requires the Commissioner of Education to establish standards and to provide technical assistance regarding reintegration teams for juveniles released or discharged from juvenile corrections facilities and seeking admission into schools in the State;

4. Requires school superintendents to provide planning for reintegration teams, including training for school personnel involved in reintegration planning and with access to confidential records of juveniles;

5. Requires compliance with reintegration planning provisions as part of basic school approval for public and private schools approved for tuition purposes;

6. Amends the scope and duties of the Commissioner of Education's advisory committee on truancy, dropouts and alternative education to include reintegration planning for a juvenile released or discharged from a juvenile corrections facility and seeking admission into a school in the State;

7. Requires that school superintendents report annually on planning efforts for reintegrating juveniles into the school environment to the Commissioner of Education's advisory committee on truancy, dropouts and alternative education; and

8. Requires the Commissioner of Corrections, the Commissioner of Education, the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services and the chair of the policy review council established under the Maine Revised Statutes, Title 34-A, section 3002-A or their designees to

present an annual report to the Council on Children and Families and the Children's Cabinet on the progress of implementation efforts regarding the juvenile correctional educational programs, the integration of behavioral health, mental health and substance abuse programming and release and discharge planning, transition services, aftercare services and reintegration planning provided to youths discharged from juvenile correctional facilities.