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TO: Superintendents of Schools


FROM: Susan A. Gendron, Commissioner


DATE: September 25, 2003


SUBJECT: Change in Gifted and Talented Statute


The 121st Legislature enacted a change in the statute related to gifted and talented education. The statute now reads:


Sec. 10. 20-A MRSA 8104, sub-1, as amended by PL 1999, c. 790, Pt. N, 3,

is further amended to read: 1. Establishment. Each school administrative unit shall, commencing with the 2004-2005 school year, fully implement its plan for phasing in gifted and talented educational programs. Beginning with the 2004-2005 school year, a school administrative unit may apply to the commissioner for a one-year waiver of this requirement if full implementation of this requirement presents an undue burden.


Sec. 11. 20-A MRSA 8104, sub-2, as enacted by PL 1985, c. 463, 1, is further amended to read: 2. Rules. The commissioner shall amend or adopt rules to implement this section, including the identification of students, needs and resource assessment, and program planning, development and implementation. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.


Each school administrative unit will be required to fully implement its Gifted and Talented Plan during the 2004-2005 school year in accordance with Maine Department of Education Regulation 104, Educational Programs for Gifted and Talented Students. Please note that there is a provision that allows you to request a one-year waiver for implementation of your approved plan from the Commissioner of Education. Under the current statute each administrative unit was to comply with the components of its approved plan (not application) at the beginning of the current year.


Enclosed is the 2003-2004 Gifted and Talented Application. You must submit this application to the Maine Department of Education by October 31, 2003. By June 30, 2004 you must submit the Gifted and Talented Plan, for approval, that you will implement during 2004-05. A series of technical assistance workshops will take place during 2003-04. Please contact Wanda Monthey at 624-6831 or at if you have any questions or would like further information.


Enclosures:  Allowable Costs