Maine Administrative Procedure Act
2009 Regulatory Agenda
September 22, 2009
AGENCY UMBRELLA-UNIT NUMBER: 05-071
AGENCY NAME: Department of Education, Office of the Commissioner
CONTACT PERSON: Greg Scott, Rules Contact, 23 State House Station, Augusta, Maine 04333-0023, Telephone: (207) 624-6614
EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:
Chapter 061: State Board of Education Rules for Major Capital School Construction
Projects – Major Substantive Rule
EMERGENCY ADOPTION September 15, 2008 2008-424
CHAPTER 101: Maine Unified Special Education Regulation – Major Substantive Rule
EMERGENCY ADOPTION June 22, 2009 2009-259
CHAPTER 182: Formula of Distribution of Funds to Child Development Services Regional
Sites – Major Substantive Rule
EMERGENCY ADOPTION July 15, 2008 2008-313
EXPECTED 2009-2010 RULE-MAKING ACTIVITY:
CHAPTER 013: Qualifying Examinations for Teachers, Educational Specialists and Administrators
STATUTORY AUTHORITY: 20-A, M.R.S.A., §13038
PURPOSE: Review/Revise rules regarding the qualifying examination for teachers. ANTICIPATED SCHEDULE: By June 1, 2010
AFFECTED PARTIES: School personnel seeking certification under the qualifying exam.
CHAPTER 021: Secular Textbooks and Services to Private School Pupils - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A., §15613(4), and 30-A, M.R.S.A. sub-§5-9
PURPOSE: Repeal rules governing the mechanism for providing secular text books and services for private school pupils since statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By July 1, 2010
AFFECTED PARTIES: Local school administrative units and private schools.
CHAPTER 025: Definition of Budgetary Hardship - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A., §15612
PURPOSE: Repeal rules regarding special education adjustment for budgetary hardship since statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By July 1, 2010
AFFECTED PARTIES: Local school administrative units and students.
CHAPTER 026: Reorganization of School Administrative Districts
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 103-A, §1454
PURPOSE: Review/Revise rules to reflect statutory provisions regarding the closing of an elementary school and to accommodate the reorganization of school administrative units into regional, state-approved units of school administration.
ANTICIPATED SCHEDULE: By September 1, 2010
AFFECTED PARTIES: Local school administrative units and students.
CHAPTER 027: Rules for Determining Geographic Isolation Status - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A., §15612, sub-section 2
PURPOSE: Repeal rules governing the determination of geographic isolation and the subsidy adjustment for school administrative units that operate one or more geographically isolated schools since statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By July 1, 2010
AFFECTED PARTIES: Local school administrative units and students.
CHAPTER 033: Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools
STATUTORY AUTHORITY: 20-A, M.R.S.A., §§4502(5)(M)
PURPOSE: Review/Revise rules regarding the use of timeout rooms, therapeutic restraints and aversives in public and approved private schools
ANTICIPATED SCHEDULE: By July 1, 2010
AFFECTED PARTIES: Local school administrative units and students.
CHAPTER 051: Child Nutrition Programs in Public Schools and Institutions
STATUTORY AUTHORITY: 20-A, M.R.S.A., §6602(5)
PURPOSE: Review/Revise rules regarding the National School Lunch Program, the School Breakfast Program and the School Milk Program.
ANTICIPATED SCHEDULE: By July 1, 2010
AFFECTED PARTIES: Families and children participating in the school lunch program, school breakfast program or school milk program.
CHAPTER 052: School Nutrition Program Eligibility Verification Program - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A., §6602(5)
PURPOSE: Repeal rules governing school nutrition program eligibility since verification now occurs at the local school administrative unit level.
ANTICIPATED SCHEDULE: By July 1, 2010
AFFECTED PARTIES: Local school administrative units and students.
CHAPTER 058: Child Nutrition Programs in Child Care Centers and Recreational Centers and Camps - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A., §6602(5)
PURPOSE: Repeal rules governing child nutrition programs in child care centers, recreation centers, and camps since the program is now operated by the Department of Health and Human Services under their rules.
ANTICIPATED SCHEDULE: By July 1, 2010
AFFECTED PARTIES: Children in child care centers, recreation centers, and camps.
CHAPTER 101: Maine Unified Special Education Regulation – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A., §7005 (1) and PL 2009 Chapter 113
PURPOSE: Review/Revise rule to align existing state statutes with the provisions of the recently reauthorized federal Individuals with Disabilities Education Act Reauthorization (I.D.E.A) Federal, 20 USC, Section 1400 et. seq. (Part C) and state requirements for evaluation functions and continuity of care for Child Development Services
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by
December 31, 2009
AFFECTED PARTIES: Special education programs and services for eligible infants, toddlers, and children from birth through age 20, school administrative units, and private schools.
CHAPTER 104: Education Programs for Gifted and Talented Children
STATUTORY AUTHORITY: 20-A M.R.S.A., Section 8101 et seq.
PURPOSE: Review/Revise rule regarding gifted and talented children
ANTICIPATED SCHEDULE: By July 1, 2010
AFFECTED PARTIES: All local school administrative units and students.
CHAPTER 115: Certification, Authorization and Approval of Education Personnel - Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 502
PURPOSE: Review/Revise rules regarding the certification of educational personnel including certification Part I: Standards and Procedures for Certification, Authorization, and
Approval and Part II: Requirements for Specific Certificates and Endorsements.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by December 31, 2009
AFFECTED PARTIES: Educational Personnel seeking certification or re-certification.
CHAPTER 120: Innovative Education Grants - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 612, §1701-1704
PURPOSE: Repeal rules governing Innovative Education grants since the grant has not been funded for several years and the statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By June 30, 2010
AFFECTED PARTIES: None.
CHAPTER 125: Basic Approval Standards: Public Schools and School Administrative Units
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 206
PURPOSE: Review/Revise rule that establishes school approval standards governing school administrative units and public schools of the State regarding compliance with the system of Learning Results.
ANTICIPATED SCHEDULE: By June 30, 2010
AFFECTED PARTIES: All local school administrative units and students.
CHAPTER 127: Instructional Program, Assessment and Diploma Requirements – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 207-A, Chapter 222
PURPOSE: Review/Revise the rule that prescribes the basic instructional assessment requirements, the parameters for essential instruction curriculum requirements, and the standards for awarding a high school diploma using multiple pathways that include career and technical education programs and alternative education programs. Defines the Department Diploma for the public elementary and secondary schools in compliance with the system of Learning Results.
ANTICIPATED SCHEULE: Provisionally adopted and filed with the Legislature by December 31, 2009
AFFECTED PARTIES: All local school administrative units and students.
Chapter 131: The Maine Federal, State, and Local Accountability Standards - Major Substantive Rule
STATUTORY AUTHORITY: 20-A M.R.S.A, §6208, §6209, and §6211
PURPOSE: Amends the rule to revise the content standards and performance indicators that are used for the statewide student assessment to further align with the New England Comprehensive Assessment Program (NECAP), Council of Chief State School Officers and the National Governors Association assessment standards and performance indicators in reading and mathematics so that the State of Maine can participate in the NECAP. This will allow Maine to maintain and improve the quality of the state assessment and achieve cost efficiencies by sharing the costs among these other states and to align high school standards in reading and mathematics with the grades 3-8 expectations.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by December 31, 2009
AFFECTED PARTIES: All local school administrative units and K-12 students.
CHAPTER 132: Learning Results: Parameters for Essential Instruction
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 103-A, §1451 and §1454
PURPOSE: Review and amend the standards, performance indicators and descriptors in the reading, writing, mathematics and science content areas that comprise Maine’s Learning Results.
ANTICIPATED SCHEULE: By June 30, 2010
AFFECTED PARTIES: All local school administrative units and K-12 students.
CHAPTER 181: Child Development Services System: Regional Provider Advisory Boards - Major Substantive Rule - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A., §7732-A(10)
PURPOSE: Repeal because current rules have been established for the provision of special education services to eligible children from age 5 to age 20 into one unified set of Department rules (Chapter 101) for the provision of special education programs for eligible infants, toddlers, and children from birth to age 20.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by December 31, 2009
AFFECTED PARTIES: School administrative units, Child Development Services sites and 0-5 pre-school children with disabilities.
CHAPTER 182: Formula of Distribution of Funds to Child Development Services Regional Sites - Major Substantive Rule - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 301, Chapter 303
PURPOSE: Repeal the rule because there is no longer a statutory responsibility or authority to promulgate rules for a permanent funding formula for Regional Child Development Services/System.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by
December 31, 2009
AFFECTED PARTIES: School administrative units, Child Development Services sites and children receiving services.
CHAPTER 225: Adult High School Completion Programs
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 315, §8602
PURPOSE: Amend the rule to align the definitions used, the program descriptions and the eligibility requirements for adult education within applicable statutes specifically as it relates to the elements of adult, career and technical education, adult workforce training and re-training, and the costs for which school administrative units, regions, and centers may claim reimbursement.
ANTICIPATED SCHEDULE: By December 31, 2009
AFFECTED PARTIES: Adult education administrators and students.
CHAPTER 231: Vocational Program and Funding Procedure
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 313, §8306-A
PURPOSE: Amend the rule to change the title and references from Vocational Programs to Career and Technical Education Programs approval.
ANTICIPATED SCHEDULE: By July 15, 2010
AFFECTED PARTIES: All school administrative units and students.
CHAPTER 232: Standard Criteria for Maine Secondary Vocational Programs
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 313, §8306-A
PURPOSE: Amend the rule to change the title and references from Secondary Vocational Programs to Career and Technical Education Programs and courses.
ANTICIPATED SCHEDULE: By July 15, 2010
AFFECTED PARTIES: All school administrative units and students.
CHAPTER 236: Program (Vocational Education) Evaluation Requirements
STATUTORY AUTHORITY: 32, M.R.S.A., Chapter 313, §8306-A
PURPOSE: Amend the rule to change the title and references from Vocational Programs to Career and Technical Education Programs evaluation.
ANTICIPATED SCHEDULE: By July 15, 2010
AFFECTED PARTIES: All school administrative units and students.
CHAPTER 245: Standards for Education Programming for Certified Nursing Assistants
STATUTORY AUTHORITY: 32, M.R.S.A., Section 2104(4)(C)
PURPOSE: Revise, amend or repeal the rule that authorizes the Department of Education to establish a minimum standard or training in programs which prepare Certified Nursing Assistants.
ANTICIPATED SCHEDULE: By August 15, 2010
AFFECTED PARTIES: Certified Nursing Assistants and Certified Nursing Assistants training institutions.
NEW RULES
NEW RULE: Standards for Food and Beverages Sold or Distributed on School Grounds but Outside of School Meal Programs – Major Substantive Rule
STATUTORY AUTHORITY: PL 2009, Chapter 147
PURPOSE: Develop rules aligning the standards for food and beverages sold or distributed on school grounds but outside of school meal programs with the nutritional standards established for the total food service program defined in Department of Education Rules Chapter 051. These rules do not apply to food and beverages sold or offered at community events or fund raising events held outside the hours of the normal school day.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by December 31, 2009
AFFECTED PARTIES: Individuals selling or purchasing food and beverages sold or distributed on school grounds but outside of school meal programs.
