Code of Maine Rules
05 - DEPARTMENT OF EDUCATION
071 - EDUCATION - GENERAL
Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY
Section 071-4-A-02 - DEFINITIONS

Universal Citation: 05 ME Code Rules § 071-4-A-02

Current through 2025-13, March 26, 2025

All terms used in this rule, unless the context otherwise indicates, shall have the same definition as in the Maine Human Rights Act, 5 M.R.S.A. §§4551, et seq. (the Act), and applicable provisions of Title 20-A, Maine Revised Statutes.

A. Commission: "Commission" shall mean the Maine Human Rights Commission.

B. Educational Institution: "Educational institution" shall mean any public school or educational program, any public postsecondary institution, including the University of Maine System and the Maine Maritime Academy, and any private school or educational program approved for tuition purposes if both male and female students are admitted, and the governing body of each such school program. The governing body shall include, but not be limited to, school committees, boards of directors, regional boards of vocational regions, the boards of trustees of the University of Maine System and Maine Maritime Academy, the State Board of Education for the vocational technical institutes, the Commissioner of Education for schools in the unorganized territory and the Governor Baxter School for the Deaf and the board of trustees or directors of private schools or programs.

C. Unlawful educational discrimination: "Unlawful educational discrimination" shall mean action on the basis of sex to:

(1) Exclude a person from participation in, deny a person the benefits of, or subject a person to, discrimination in any academic extracurricular, research, occupational training or other program or activity;

(2) Deny a person equal opportunity in athletic programs;

(3) Apply any rule concerning the actual or potential family or marital status of a person or to exclude any person from any program or activity because of pregnancy or related conditions;

(4) Deny admission to the institution or program or to fail to provide equal access to and information about an institution or program through recruitment; or

(5) Deny financial assistance availability and opportunity.

D. Approved for tuition purposes: An institution "approved for tuition purposes" shall mean any school or educational program approved by the Commissioner of Education for the receipt of public funds pursuant to 20-A M.R.S.A. §§2951 and 7204(4).

E. Public School: "Public school" shall mean an elementary or secondary school or special education or alternative program operated by a school administrative unit or other public agency.

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