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Home > Rules & Legislation > Letters from the Commissioner > Informational Letters > Letter 51





TO:                Superintendents of Schools, Special Education Directors, CDS Regional Site Directors

FROM:            Susan A. Gendron

DATE:             November 29, 2006

SUBJECT:       Chapter 101, Maine Unified Special Education Regulation Birth to Age Twenty

********** Please Forward to Principals **********

The Department is proposing a new unified Chapter 101, “Maine Unified Special Education Regulation Birth to Age Twenty”, which will replace the current Chapters 180 (Early Intervention and Special Education for Children Age Birth to Under Age Six) and 101 (Maine Special Education Regulations).  This proposed rule governs the administration of the child find system for children age birth to twenty, the provision of early intervention services to eligible children birth to under age 3 (B-2) with disabilities and their families, and the provision of special education and related services to eligible children age three to twenty with disabilities and their families, implementing 20-A MRSA Chapters 301 and 303 and amendments.

The Department of Education is designated as the State educational agency responsible for carrying out the State's obligations under the federal Individuals with Disabilities Education Act (IDEA), 20 United States Code, Section 1400 et seq., as amended.  The Department and every school administrative unit, intermediate educational unit, public school, or other public agency that receives federal or State funds to provide early intervention or free appropriate public education services to children age birth to twenty with disabilities must comply with the Individuals with Disabilities Education Act, as amended, and all federal regulations adopted.  [ 20-A MRSA §7006]  Therefore, your input is both required and welcomed.

You may access the proposed new rule, as follows: education rules & legislation special education publications special education regulations


Throughout this proposed regulation, the Department has reflected the federal statutory and regulatory requirements in non-italicized text.  State requirements are in italicized text and reflect additional procedures or timeframes to enhance the federal provisions.  The federal IDEA has been in effect since December 2004 and the federal regulations implementing it have been in effect since October 13, 2006.

Timelines for notice and public participation opportunities:

  • The legal notice of the proposed rule appeared in State newspapers on November 29, 2006.


  • A public hearing will be held on the proposed rule as follows:

            Monday, December 18, 2006, from 9:30AM-12:30PM, First Floor, Room 103, Burton Cross State Office Building, Augusta.  Individuals may also participate in the hearing simultaneously using the Department’s Interactive Distance Learning Network from the following ATM locations:

            Bangor Public Library
            145 Harlow Street, Bangor
            Contact - Matt Brown - 947-8336

            Falmouth High School
            74 Woodville Road, Falmouth
            Contact – Suzan Nelson -781-7429

            Sanford High School
            668 Maine Street, Sanford
            Contact – Joan Wright – 324-8454

            Two ATM “Broadcast Only” sites will allow video viewing of the hearing at:

            Caribou Technical Center
            308 Sweden Street, Suite 1, Caribou
            Contact – Lynn McNeal – 493-4270

            Wiscasset High School
            Gardner Road, Wiscasset
            Contact – Dianna Sommers – 882-6303

  • Written comments may be submitted by:
  • Delivering them to the receptionist on the 5th Floor of the Burton M. Cross State Office Building;
  • Mailing them to Joanne C. Holmes, Federal Liaison, 23 State House Station, Augusta, ME 04333-0023;
  • Faxing them to Joanne C. Holmes at 207-624-6601; or,
  • Emailing them to


            All written comments must be received by 5:00 p.m., January 22, 2007. 

If you have any questions regarding this process, please contact:

            Greg Scott, Director, State Legislative Liaison
            David Noble Stockford, Team Leader and Policy Director, Special Services