Maine Administrative Procedure Act

2007 Regulatory Agenda

October 1, 2007

 

Inventory of Rules 10/01/07 in CSV format

 

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:

None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 007:  Implementation of the Essential Programs and Services Funding Model – Major Substantive Rule

STATUTORY AUTHORITY:  20-A, M.R.S.A. §15687

PURPOSE:  Review/Revise rules regarding implementing school funding based on essential programs and services including Targeted Funds.

ANTICIPATED SCHEDULE:  Provisionally adopted and filed with the Legislature by January 11, 2008

AFFECTED PARTIES:  All local school administrative units and students.

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 August 1, 2008

AFFECTED PARTIES:  All school personnel seeking certification under the qualifying exam.

CHAPTER 014:  School Board Policies on Exception to the General Residency Rules and Education of Homeless Students

STATUTORY AUTHORITY:  20-A, M.R.S.A., §261 and §5205(7)

PURPOSE:  Review/Revise rules defining a homeless student, procedures for enrolling the student in public school, and resolving disputes of residency of homeless students.

ANTICIPATED SCHEDULE:  By June 15, 2008 with particular regard to the dispute resolution process.

AFFECTED PARTIES: Local school administrative units and homeless students.

CHAPTER 018:  Licensure of Residential Child Care Facilities

STATUTORY AUTHORITY:  20-A, M.R.S.A., §7252-A and §7262-B

PURPOSE:  Review/Revise rules to ensure consistency of the education module of this rule among the agencies having joint rule-making authority particularly in relation to the reorganization/merging of DHHS and DBDS and the creation of a single DHHS.

ANTICIPATED SCHEDULE:  By June 15, 2008

AFFECTED PARTIES:  Clients served jointly by DOE, DHHS.

CHAPTER 021:  Secular Textbooks and Services to Private School Pupils - REPEAL

STATUTORY AUTHORITY:  20-A, M.R.S.A., §15613(4), Title 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, 2008

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, 2008

AFFECTED PARTIES:  Local school administrative units and students.

CHAPTER 026:  Reorganization of School Administrative Districts

STATUTORY AUTHORITY:  20-A, M.R.S.A. §1409

PURPOSE:   Review/Revise rules regarding the closing of elementary schools.

ANTICIPATED SCHEDULE:  By September 1, 2008

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, 2008

AFFECTED PARTIES:  Local school administrative units and students.

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, 2008

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, 2008

AFFECTED PARTIES:  Children in child care centers, recreation centers, and camps.

CHAPTER 061:  School Building Construction – Major Substantive Rule

STATUTORY AUTHORITY:  20-A, M.R.S.A. §15905 and §15603

PURPOSE:   Review/Revise rules governing school building construction including rules for purchase of land in conjunction with a school construction project, green construction, energy effectiveness, construction project penalty provisions for not consolidating as a separate or part of another Regional School Unit.

ANTICIPATED SCHEDULE:  Provisionally adopted and filed with the Legislature by January 11, 2008

AFFECTED PARTIES:  Local school administrative units and students.    

CHAPTER 064:  Maine School Facilities Finance Program - Major Substantive Rule

STATUTORY AUTHORITY:  20-A, M.R.S.A. §4001, §5804, §5805, §15603, §15907, §15918, and 30-A §5953-E, §6006-E, §6006-F, and §6014

PURPOSE:   Review/Revise rules regarding the Maine School Facilities Finance Program “Revolving Renovation Fund” and debt service costs for subsidy purposes for lease costs or lease-purchase costs for temporary or portable classroom space.

ANTICIPATED SCHEDULE:  Provisionally adopted and filed with the Legislature by January 11, 2008

AFFECTED PARTIES:  Local school administrative units and students.

CHAPTER 081:  Uniform School Bus Standards

STATUTORY AUTHORITY:  20-A, M.R.S.A. §15621

PURPOSE:   Review/Revise or repeal and replace rules regarding transportation and school bus standards

ANTICIPATED SCHEDULE:  By September 1, 2008

AFFECTED PARTIES:  Local school administrative units and student bus safety.

CHAPTER 101:  Maine Unified Special Education Regulation – Major Substantive Rule

STATUTORY AUTHORITY:  20-A, M.R.S.A., Chapters 301, 303, 304, 305, 308

PURPOSE:   Review/Revise special education rules to include provisions regarding the definition of “Adverse Effect.”

ANTICIPATED SCHEDULE:  Provisionally adopted and filed with the Legislature by January 11, 2008

AFFECTED PARTIES:  Students with disabilities, school administrative units, and private schools.    

CHAPTER 114: Purpose, Standards and Procedures for the Review and Approval of

Educational Personnel Preparation Programs

STATUTORY AUTHORITY:  20-A, M.R.S.A. §13012, sub-§6, §13019-C, sub-§3

PURPOSE:   Review/Revise rules regarding teacher education program approval.

ANTICIPATED SCHEDULE:  By June 1, 2008

AFFECTED PARTIES:  Educational personnel preparation programs, teachers in training.

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 for regional school unit Financial Service Managers, certification options for teachers of students with disabilities and certification requirements for guidance counselors.

ANTICIPATED SCHEDULE:  Provisionally adopted and filed with the Legislature by January 11, 2008

AFFECTED PARTIES:  Educational Personnel seeking certification or re-certification.

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 September 1, 2008

AFFECTED PARTIES:  All local school administrative units and K-12 students

CHAPTER 127:  Instructional Program, Assessment and Diploma Requirements – Major Substantive Rule  

STATUTORY AUTHORITY:  20-A, M.R.S.A., Chapter 207-A

PURPOSE:  Review/Revise the rule that prescribes the basic instructional assessment requirements the parameters for essential instruction, graduation requirements and the definition of the Department Diploma for the public elementary and secondary schools regarding compliance with the system of Learning Results.

ANTICIPATED SCHEULE:  Provisionally adopted and filed with the Legislature by January 11, 2008

AFFECTED PARTIES:  All school administrative units and K-12 students. 

CHAPTER 129:  Rights and Responsibilities of Educators and Pupils

STATUTORY AUTHORITY:  20-A, M.R.S.A., Chapter 221, 20-A, M.R.S.A. Chapter 213, 20-A, Chapter 201, U.S. Family Educational Rights and Privacy Act of 1974 (FERPA)

PURPOSE:  Review/Revise rules as appropriate for Student Records and Student Eligibility

ANTICIPATED SCHEDULE:  By June 30, 2008

AFFECTED PARTIES:  Local school administrative units and students.

CHAPTER 149:  Procedures for Obtaining Authorization for Institutions of Higher Education to Confer Academic Degrees or to Offer Degree Courses/Programs in the State of Maine

STATUTORY AUTHORITY:  20-A, M.R.S.A. §10701-10710

PURPOSE:   Review/Revise rules governing institutions of higher education to confer academic degrees.

ANTICIPATED SCHEDULE:  By July 15, 2008

AFFECTED PARTIES:  Owners and students of in-state and out-of-state post-secondary institutions.

CHAPTER 161:  Purchase and Storage of Hazardous Chemicals

STATUTORY AUTHORITY:  20-A, M.R.S.A. §15613(14)

PURPOSE:  Revise/update rules to reflect changes in the monitoring of chemicals used in school classrooms.

ANTICIPATED SCHEDULE:  May 15, 2008

AFFECTED PARTIES:  Local school administrative units, staff and students

CHAPTER 170:  Standards for Evaluating Requests for Degree Authorization and for Out-of-State Post Secondary Institutions Seeking to Make Academic Course Offerings in Maine

STATUTORY AUTHORITY:  20-A, M.R.S.A. §10710

PURPOSE:   Review/Revise rules governing degree authorization for out-of-state post secondary institutions.

ANTICIPATED SCHEDULE:  By June 15, 2008

AFFECTED PARTIES:  Owners and students of in-state and out-of-state post secondary institutions.

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 current rules 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 January 11, 2008

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

STATUTORY AUTHORITY:  20-A, M.R.S.A. §7727

PURPOSE:   Amend the rules to replace the temporary one-year funding formula with a permanent funding formula for Regional Child Development Services/System Sites to assure the continued provision of services through the CDS System for children who reach five between September 1 and October 15.

ANTICIPATED SCHEDULE:  Provisionally adopted and filed with the Legislature by January 11, 2008     

AFFECTED PARTIES:  School administrative units, Child Development Services sites and children receiving services.

CHAPTER 221:  Adult Administrative Policies

STATUTORY AUTHORITY:  20-A, M.R.S.A. Chapter 315, §8601-8612

PURPOSE:   Amend the rule to align the definitions used, the program descriptions and the eligibility requirements for adult education with applicable statutes.

ANTICIPATED SCHEDULE:  By June 1, 2008

AFFECTED PARTIES:  Adult education administrators and students

CHAPTER 222:  Adult Vocational Education

STATUTORY AUTHORITY:  20-A, M.R.S.A. Chapter 315, §8601-8612

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 June 1, 2008

AFFECTED PARTIES:  Adult education administrators and parents

CHAPTER 224:  Adult Handicapped Courses - REPEAL

STATUTORY AUTHORITY:  20-A, M.R.S.A. Chapter 315, §8601-8612

PURPOSE:   REPEAL because the definitions and provisions in the rule are outdated and the relevant information is now included in the recent amendments to the adult education law.

ANTICIPATED SCHEDULE:  By June 1, 2008

AFFECTED PARTIES:  Adult education administrators and students.

CHAPTER 226:  Adult Basic Literacy Courses - REPEAL

STATUTORY AUTHORITY:  20-A, M.R.S.A. Chapter 315, §8601-8612

PURPOSE:   REPEAL because the definitions and provisions in the rule are outdated and the relevant information is now included in the recent amendments to the adult education law.

ANTICIPATED SCHEDULE:  By June 1, 2008

AFFECTED PARTIES:  Adult education administrators and students.

CHAPTER 227:  Federal Adult Basic Education Programs - REPEAL

STATUTORY AUTHORITY:  20-A, M.R.S.A. Chapter 315, §8601-8612

PURPOSE:   REPEAL because the definitions and provisions in the rule are outdated and the relevant information is now included in the recent amendments to the adult education law.

ANTICIPATED SCHEDULE:  By June 1, 2008

AFFECTED PARTIES:  Adult education administrators and students.

CHAPTER 229:  Adult and Community Education Fiscal Procedures

STATUTORY AUTHORITY:  20-A, M.R.S.A. Chapter 315, §8601-8612

PURPOSE:   Amends the rule to provide guidance in the collection and utilization of fees in adult education programs.

ANTICIPATED SCHEDULE:  By June 1, 2008

AFFECTED PARTIES:  Adult education administrators and students.

CHAPTER 230:  Adult Program Provisions

STATUTORY AUTHORITY:  20-A, M.R.S.A. Chapter 315, §8601-8612

PURPOSE:   Amends the rule to align the definitions used, the program descriptions and the eligibility requirements for adult education with applicable statutes.

ANTICIPATED SCHEDULE:  By June 1, 2008

AFFECTED PARTIES:  Adult education administrators 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 September 15, 2008

AFFECTED PARTIES:  Certified Nursing Assistants and Certified Nursing Assistants training institutions.

NEW RULES

Proposed CHAPTER 132:  Learning Results:  Parameters for Essential Instruction

STATUTORY AUTHORITY:  20-A, M.R.S.A., Chapter 103-A, §1451 and §1454

PURPOSE:  Outlines the standards, performance indicators and descriptors in 8 content areas that comprise Maine’s Learning Results.

ANTICIPATED SCHEDULE:  By November 1, 2007

AFFECTED PARTIES:  All local school administrative units and K-12 students.

NEW RULE:  Amending the Procedure for Interpreting Maine Education Assessment Scores

STATUTURY AUTHORITY:  20-A, M.R.S.A. §6202, sub-section 1-A and P.L. 2005, Chapter 118.

PURPOSE:  Amend Chapter 125, Basic Approval Standards:  Public Schools and School Administrative Units, Chapter 127, Instructional Program, Assessment, and Diploma Requirements, or adopt a new rule to clarify that the MEA scores for a student who receives education from a regional alternative education program or a regional special education program may be assigned to the community or school within the school administrative unit where the student resides. 

ANTICIPATED SCHEDULE:  By June 15, 2008

AFFECTED PARTIES:  Students receiving their education from a regional alternative or regional special education program.

NEW RULE:  Approval Process for Early Childhood Education for Children Four Years of Age

STATUTORY AUTHORITY:  20-A, M.R.S.A. §4255 and   P.L. 2005, Chapter 368

PURPOSE:  May adopt rules to establish standards and procedures for an approval process for early childhood programs for children four years of age.

ANTICIPATED SCHEDULE:  By July 1, 2008

AFFECTED PARTIES:  All school administrative units who seek approval for early childhood education programs for children four years of age and the four year old who attend them.    

NEW RULE:  After School Fund Program

STATUTORY AUTHORITY:  20-A, M.R.S.A. Chapter 318

PURPOSE:  Adopt rules governing the after school programs and after school funds established in Chapter 318.

ANTICIPATED SCHEDULE:  By June 15, 2008

AFFECTED PARTIES:  Local school administrative units and children who will participate in the after school programs.

NEW RULE:  Maine Mentoring Partnership Grant Program

STATUTORY AUTHORITY:  20-A, M.R.S.A., Chapter 331

PURPOSE:  Adopt rules governing the Youth Mentoring Program and Youth Mentoring Funds established in Chapter 331.

ANTICIPATED SCHEDULE:  By June 15, 2008

AFFECTED PARTIES:  Local school administrative units and children who will participate in the Maine Mentoring Partnership Grant Program.

NEW RULE:  Efficient, Higher Performing Districts – Major Substantive Rule

STATUTORY AUTHORITY:  PL 2007, Chapter 240, Section XXXX-48

PURPOSE:  To define efficient, higher performing school districts and establish criteria for their identification and an efficiency factor for per pupil expenditures for system administration for a unit submitting an alternative plan for a regional school unit.

ANTICIPATED SCHEDULE:  Provisionally adopted and filed with the Legislature by December 1, 2007

AFFECTED PARTIES:  All local school administrative units and K-12 students.

NEW RULE:  The Job Creation Through Education Opportunity

STATUTORY AUTHORITY:  20-A, M.R.S.A., Chapter 428-C, §12541-4

PURPOSE:  Adopt rules governing the “Opportunity Maine Program and Contract" as part of the educational opportunity tax credit for Maine residents who obtain an associate degree or a bachelor’s degree in the State, and live, work and pay taxes in the State thereafter.

ANTICIPATED SCHEDULE:  By January 1, 2008

AFFECTED PARTIES:  Maine residents who complete an associates or bachelor’s degree program in an approved degree-granting accredited Maine community colleges, colleges or universities, State Board of Education, Department of Administrative and Financial Services, Bureau of Revenue Services