Proposed Rules and the Rulemaking Process

The Maine Department of Education (DOE) is charged with adopting education rules to implement laws passed by the Maine Legislature. There are two types of rules – routine technical and major substantive. The Maine DOE sends all provisionally adopted rules to the Legislature for final adoption.

The Maine DOE adopts all rules in accordance with the Maine Administrative Procedure Act (APA), 5 MRSA chapter 375, subchapters 2 and 2-A.  APA requires public and legislative notice of rulemaking and the submission of all major substantive rules to the Legislature for review and approval. All proposed Maine DOE and State Board of Education rule chapters are included below and have been filed with the Secretary of State’s Office.

 

Newly Proposed Rules and Rule Changes

Chapter 33

As directed by Public Law 2025, Chapter 226 (LD 1248):

• Rule Title: Rule Governing Physical Restraint and Seclusion
• Program Filing Agency: This is a rule of the Department of Education
• Current Rule Language: Rule Chapter 33

This information will be updated periodically through the Rulemaking Process.

Chapter 225

• Rule Title: Adult Education High School Completion Programs
• Program Filing Agency: This is a rule of the Department of Education
• Current Rule Language: Rule Chapter 225

This information will be updated periodically through the Rulemaking Process.

Chapter 115

• Rule Title: The Credentialing of Education Personnel
• Filing Agency: This is a rule of the State Board of Education
• DOE Priority Notice: Public Feedback for Ch. 115
• Current Rule Language: 
  • Chapter 115, Part 1: Rule Chapter 115 - Part 1
  • Chapter 115, Part 2: Rule Chapter 115 - Part 2

This information will be updated periodically through the Rulemaking Process.

This rule information is also located on the State Board's webpage.

DHHS - Office of Aging and Disability Services, Chapter 4

• Rule Title: Joint Regulations Between Division of Special Education and Bureau of Mental Retardation
• Program Filing Agency: This is a joint rule of the Department of Health and Human Services and the Department of Education
• Opportunities for Public Feedback: TBD
  • Comments may be emailed to Laura Cyr, laura.cyr@maine.gov
• Public Comment Hearing: TBD
• Current Rule Language: DHHS-OADS Chapter 4
  • Existing rule to be repealed

This information will be updated periodically through the Rulemaking Process.

Chapter 128

• Rule Title: Truants & Dropouts Guidelines
• Program Filing Agency: This is a rule of the Department of Education
• Current Rule Language: Chapter 128

This information will be updated periodically through the Rulemaking Process.

 

Chapter 85

• Rule Title: School Bus Purchase Program
• Filing Agency: This is a rule of the Department of Education
• DOE Notice of Rulemaking: Rulemaking Notice - Chapter 85
• Current Rule Language: Rule Chapter 85

This information will be updated periodically through the Rulemaking Process.

Rules Finalized Within the Past 12 Months

Chapter 83

• Rule Title: School Transportation Operations Program
• Filing Agency: This is a rule of the Department of Education
• Repeal of Rule Chapter 83
• Effective Date of Repeal: March 22, 2025

 

Public Documents that are not readily available on this page can be available on request. For general questions or access to these documents, please email Maine DOE’s rulemaking liaison, Laura Cyr at laura.cyr@maine.gov.

 

How to Get Involved:

As the Maine Department of Education weighs proposed rule changes, there are numerous points in the process where stakeholder and public comment are solicited. This graphic provides an overview of the Rulemaking Process and highlights points for public input.

 

A PDF of Maine DOE’s rulemaking process infographic is available here.