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State of Maine

05
Department of Education

1999-2000 Regulatory Agenda


UMBRELLA-UNIT NUMBER: 05-071
AGENCY: Department of Education, Office of the Commissioner
CONTACT PERSON: Greg Scott, Rules Contact, 23 State House Station, Augusta, Maine 04333-0023, Telephone: (207) 287-5112

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

CHAPTER 64: Maine School Facilities Finance Program
Approved by the Legislature as a Major Substantive Rule, Chapter 64 in PL 1999, Chapter 14

CHAPTER 182: Funding Formula for Regional Child Development Services System Sites
Adopted as an Emergency Rule in June 1999. Will be proposed to the Legislature as a Provisional Rule to be approved as a Major Substantive Rule on January 15, 2000.

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 3: Award of grants and contracts by the Department of Education and the State Board of Education
STATUTORY AUTHORITY: 5 MRSA Section 1831, 20-A MRSA General Provisions
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 12: State Assessment of Student Performance
STATUTORY AUTHORITY: 20-A MRSA Chapter 222 6201 to 6209 et seq. - Major Substantive Rule
PURPOSE: Amend in accordance with the provision of Title 20-A pertaining to student assessment standards in the Learning Results.
ANTICIPATED SCHEDULE: August 31, 2000
AFFECTED PARTIES: Schools, students, and parents

CHAPTER 18: Licensure of Residential Child Care Facilities
STATUTORY AUTHORITY: 20-A MRSA Sections 7252-A and 7262-B
PURPOSE: Review/revise current rule to ensure consistency of the education module of this rule among the agencies having joint rule-making authority (DOE, DMHMR & SAS, DHS).
ANTICIPATED SCHEDULE: August 31, 2000
AFFECTED PARTIES: Clients served jointly by DOE, DHS, DMHMR & SAS.

CHAPTER 25: Definition of Budgetary Hardship
STATUTORY AUTHORITY: 20-A MRSA Section 15612
PURPOSE: Annual review/revision of rules regarding special education adjustment for budgetary hardship.
ANTICIPATED SCHEDULE: July 15, 2000
AFFECTED PARTIES: Local school administrative units.

CHAPTER 26: Reorganization of School Administrative Districts
STATUTORY AUTHORITY: 20-A MRSA Section 1407
PURPOSE: Annual review/revision of rules regarding the closing of elementary schools
ANTICIPATED SCHEDULE: November 1, 2000
AFFECTED PARTIES: Local school administrative units.

CHAPTERS 31, 32: Chapter 1, Migrant Education Program
STATUTORY AUTHORITY: Federal Education Consolidation Improvement Act
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 52: School Nutrition Program Eligibility Verification Program
STATUTORY AUTHORITY: 20-A MRSA Section 6602(5)
PURPOSE: Annual review/revision of rules governing school nutrition program eligibility.
ANTICIPATED SCHEDULE: July 1, 2000
AFFECTED PARTIES: School food authorities and individual parents/guardians of students receiving reimbursable school meals.

CHAPTER 58: Child Nutrition Programs in Child Care Centers and Recreational Centers and Camps
STATUTORY AUTHORITY: 20-A MRSA Section 6602(5)
PURPOSE: Annual review/revision of rules governing child nutrition programs in child care centers, recreation centers, and camps.
ANTICIPATED SCHEDULE: July 1, 2000
AFFECTED PARTIES: Children in child care centers, recreation centers, and camps.

CHAPTER 61: School Building Construction
STATUTORY AUTHORITY: 20-A MRSA Sections 15905 and 15603
PURPOSE: Annual review/revision of rules governing school building construction including rules for purchase of land in conjunction with a school construction project.
ANTICIPATED SCHEDULE: June 15, 2000
AFFECTED PARTIES: School administrative units and students.

CHAPTER 62: Approval of Lease Costs of School Buildings
STATUTORY AUTHORITY: 20-A MRSA Sections 15621, 15603 and 8
PURPOSE: Annual review/revision of rules governing the approval of lease costs for school buildings.
ANTICIPATED SCHEDULE: June 15, 2000
AFFECTED PARTIES: School administrative units and students.

CHAPTER 63: Repair/Replacement Roofs
STATUTORY AUTHORITY: P & S, 1989 Ch. 113
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 64: Maine School Facilities Finance Program
STATUTORY AUTHORITY: 20-A MRSA PL 1999, Chapter 14 - Major Substantive Rule
PURPOSE: Annual review/revision
ANTICIPATED SCHEDULE: June 15, 2000
AFFECTED PARTIES: School administrative units and students.

CHAPTER 65: Major Maintenance Projects
STATUTORY AUTHORITY: P & S 1989 Ch. 131
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 81: Uniform School Bus Standards
STATUTORY AUTHORITY: 20-A MRSA Section 15621
PURPOSE: Annual review/revision of rules to incorporate recommendations of the National Standards Conference.
ANTICIPATED SCHEDULE: April 15, 2000
AFFECTED PARTIES: School administrative units and student safety.

CHAPTER 101: Special Education Amendments
STATUTORY AUTHORITY: 20-A MRSA Chapters 301, 303, 304, 305, 308
PURPOSE: Revise current rule in accordance with the federal Individuals with Disabilities Education Act Reauthorization (I.D.E.A) Federal, 20 USC, Section 1400 et seq., including provision for awarding of attorney's fees for due process hearings and providing mediators the same annuity provided state employees under the Maine Tort Claims Act.
ANTICIPATED SCHEDULE: June 15, 2000
AFFECTED PARTIES: Students with disabilities, school administrative units, and private schools.

CHAPTER 103: Fiscal Year 1984 Fiscal Year 1986 Maine State Plan
STATUTORY AUTHORITY: 20-A MRSA Section 7204 and the Federal Education for All Handicapped Children Act
PURPOSE: REPEAL
ANTICIPATED SCHEDULE: November 15, 2000
AFFECTED PARTIES: N/A

CHAPTER 104: Education Programs for Gifted and Talented Children
STATUTORY AUTHORITY: 20-A MRSA Section 8104-1
PURPOSE: Annual review/revision of current rule to update, and to delete references to discontinued activities.
ANTICIPATED SCHEDULE: June 30, 2000
AFFECTED PARTIES: Gifted and talented students.

CHAPTER 107: Conduct and Administration of Pre-school Handicapped Coordination System
STATUTORY AUTHORITY: 20-A MRSA Section 7727
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 2000
AFFECTED PARTIES: Department of Education and Secretary of State.

CHAPTER 108: Joint Regulations between Department of Education and Department of Mental Health and Mental Retardation
STATUTORY AUTHORITY: 20-A MRSA Section 7003
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 111: Teacher Recognition Grants
STATUTORY AUTHORITY: 20-A MRSA Section 13506
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 113: Organizational Units Responsible for the Certification of Education Professionals
STATUTORY AUTHORITY: 20-A MRSA Section 13011 et seq.
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 114: Policy, Procedures, and Standards for the Review and Approval of Educational Personnel Preparation Programs
STATUTORY AUTHORITY: 20-A MRSA Sections 13012(2), 13019-B and 13019-C
PURPOSE: Annual review/revision of teacher education program approval rules.
ANTICIPATED SCHEDULE: September 15, 2000
AFFECTED PARTIES: Teachers in training.

CHAPTER 115-A: Re-certification of Educational Personnel
STATUTORY AUTHORITY: 20-A MRSA Sections 13011 to 13019-E, et seq.
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 116: Professional Development
STATUTORY AUTHORITY: 20-A MRSA Section 13011 et seq.
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 117: Placement Registration
STATUTORY AUTHORITY: 20-A MRSA Section 13005, et seq.
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTERS 13, 115, 118, 119: General Certification Rules
STATUTORY AUTHORITY: 20-A MRSA Sections 13003 and 13023 et seq.
PURPOSE: Annual review/revision of general certification rules including further definitions of the qualifications, functions, preparation, and supervision of educational technicians.
ANTICIPATED SCHEDULE: June 15, 2000
AFFECTED PARTIES: Public, certified, authorized, and approved educational personnel.

CHAPTER 120: Innovative Education Grants
STATUTORY AUTHORITY: 20-A MRSA Sections 17101-4
PURPOSE: Revise rules governing the appeals process in accordance with 5 MRSA Section Chapter 156, Section 1831.
ANTICIPATED SCHEDULE: June 30, 2000
AFFECTED PARTIES: Innovative education grant applicants and recipients.

CHAPTER 121: Early Elementary, Kindergarten, to Grade Three, School Assistance Program
STATUTORY AUTHORITY: 20-A MRSA Section 260
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 125: Basic School Approval
STATUTORY AUTHORITY: 20-A MRSA Chapter 206
PURPOSE: Annual review/revision of appropriate sections in accordance with Learning Results.
ANTICIPATED SCHEDULE: June 15, 2000
AFFECTED PARTIES: K-12 Students.

CHAPTER 126: Immunization Requirements for School Children
STATUTORY AUTHORITY: 20-A MRSA Sections 6352 to 6358
PURPOSE: Annual review/revision of rules regarding immunization of school children.
ANTICIPATED SCHEDULE: March 15, 2000
AFFECTED PARTIES: Local school administrative units and K-12 students.

CHAPTER 127: Instructional Requirements and Graduation Standards
STATUTORY AUTHORITY: 20-A MRSA Chapter 207-A
PURPOSE: Annual review/revision of appropriate sections in accordance with the Learning Results.
ANTICIPATED SCHEDULE: June 15, 2000
AFFECTED PARTIES: K-12 students.

CHAPTER 131: Learning Results
STATUTORY AUTHORITY: 20-A MRSA Chapter 222, Sections 6201 to 6209 et seq. - Major Substantive Rule
PURPOSE: Annual review/revision of rules as appropriate for Learning Results/Learning Results, Content Standards and Student Performance Indicators.
ANTICIPATED SCHEDULE: Emergency Rules - November 15, 1999; Provisional Rules to Legislature for Approval - January 15, 2000.
AFFECTED PARTIES: K-12 Students.

CHAPTER 138: Accreditation Standards Process
STATUTORY AUTHORITY: 20-A MRSA Sections 4511 to 4516
PURPOSE: Annual review/revision of appropriate sections in accordance with Learning Results.
ANTICIPATED SCHEDULE: June 15, 2000
AFFECTED PARTIES: Local school administrative units and K-12 students.

CHAPTER 147: Licensing Privately Owned Businesses, Trade and Technical Schools - Proprietary Schools
STATUTORY AUTHORITY: 20-A MRSA Sections 9503 and 9506-9507
PURPOSE: Amend in accordance with recently codified statute.
ANTICIPATED SCHEDULE: June 15, 2000
AFFECTED PARTIES: Privately owned business, trade and technical schools and their 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 MRSA Sections 10701-10710
PURPOSE: Annual review/revision of rules governing institutions of higher education to confer academic degrees.
ANTICIPATED SCHEDULE: July 1, 2000
AFFECTED PARTIES: Owners and students of in-state and out-of-state post-secondary institutions.

CHAPTER 150: Licensing Privately Owned Correspondence Schools
STATUTORY AUTHORITY: 20-A MRSA Section 9201
PURPOSE: Amend definition of schools to be licensed.
ANTICIPATED SCHEDULE: June 15, 2000
AFFECTED PARTIES: Privately owned correspondence schools and their 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 MRSA Section 10710
PURPOSE: Annual review/revision of rules governing degree authorization for out-of-state post secondary institutions.
ANTICIPATED SCHEDULE: July 1, 2000
AFFECTED PARTIES: Owners and students of in state and out of state post secondary institutions.

CHAPTER 175: Early Childhood Demonstration Sites Grants
STATUTORY AUTHORITY: 20-A MRSA Section 4251-4
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 180: Comprehensive Child Find and Early Intervention FAPE Services
STATUTORY AUTHORITY: 20-A MRSA Section 7727
PURPOSE: Amend, repeal or replace current rules in accordance with the Individuals with Disabilities Education Act Reauthorization and to address requests by OSEP to revise for consistency with Part H of I.D.E.A. and to implement amendments to 20-A MRSA C. 307-A.
ANTICIPATED SCHEDULE: June 30, 2000
AFFECTED PARTIES: 0-5 pre-school children with disabilities.

CHAPTER 181: Child Development Services System: Regional Provider Advisory Boards
STATUTORY AUTHORITY: 20-A MRSA Chapter 307, Section 7732-A (10) - Major Substantive Rule
PURPOSE: Review/revise current rules regarding the governance of CDS Regional Provider Advisory Boards as appropriate.
ANTICIPATED SCHEDULE: June 15, 2000 Provisional Rules
AFFECTED PARTIES: CDS Regional Provider Advisory Boards.

CHAPTERS 221, 222, 224, 225, 226, 227, 228, 229, 230: Adult Education
STATUTORY AUTHORITY: 20-A MRSA Section 8602
PURPOSE: Annual review/revision of adult education rules.
ANTICIPATED SCHEDULE: July 15, 2000
AFFECTED PARTIES: Adult education students.

Chapter 223: General Adult Education
STATUTORY AUTHORITY: 20-A MRSA Chapter 315
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 231: Vocational Program Approval Procedure
STATUTORY AUTHORITY: 20-A MRSA Chapter 313
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 232: Applied Technology Education
STATUTORY AUTHORITY: 20-A MRSA Section 8306-A
PURPOSE: Annual review/revision of applied technology education rules.
ANTICIPATED SCHEDULE: June 30, 2000
AFFECTED PARTIES: Applied technology students.

CHAPTER 236: Program Evaluation Requirements
STATUTORY AUTHORITY: 20-A MRSA Section 8306-A
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: Department of Education and Secretary of State.

CHAPTER 237: Live or Outside Work
STATUTORY AUTHORITY: 20-A MRSA Chapter 313, Section 38306-A
PURPOSE: Annual review/revision of live work rules
ANTICIPATED SCHEDULE: July 15, 2000
AFFECTED PARTIES: N/A

CHAPTER 240: Administration of Firefighter Training Facilities Grants
STATUTORY AUTHORITY: 5 MRSA Section 1831, 20-A MRSA Chapter 403 (Repealed)
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1999
AFFECTED PARTIES: N/A

CHAPTER 245: Nursing Assistant Training Programs
STATUTORY AUTHORITY: 22 MRSA Section 1812-F
PURPOSE: Amend existing rules to comply with 22 MRSA Section 1812-F regarding nursing assistant training programs.
ANTICIPATED SCHEDULE: July 1, 2000
AFFECTED PARTIES: Nursing assistant practitioners and training programs.

CHAPTER 301: State Board of Education Members, Removal from Office by Governor
STATUTORY AUTHORITY: 20-A MRSA Section 401 (1)
PURPOSE: Annual review/revision of rules as appropriate.
ANTICIPATED SCHEDULE: June 30, 2000
AFFECTED PARTIES: State Board of Education.

NEW RULE: Funding for Students Attending the Governor Baxter School for the Deaf
STATUTORY AUTHORITY: 20-A MRSA Section 7404, sub-section 1 - Major Substantive Rule
PURPOSE: May establish rules, if necessary, regarding the funding of students at the Governor Baxter School of the Deaf.
ANTICIPATED SCHEDULE: July 1, 2000
AFFECTED PARTIES: Local school administrative units and students attending the Governor Baxter School for the Deaf.

NEW RULE: Use of Time Out Procedures Used by Local Administrative Units
STATUTORY AUTHORITY: 20-A MRSA Section 4502, subsection 5, Paragraph M - Major Substantive Rule
PURPOSE: To implement rules regarding the use of time out procedures restraints and use of aversives used by school administrative units to control student behavior.
ANTICIPATED SCHEDULE: Emergency Rules - November 15, 1998; Provisional Rules to Legislature for Approval - January 15, 1999
AFFECTED PARTIES: Local school administrative unit staff, special needs students, and their parents.

NEW RULE: Operation of Summer Schools
STATUTORY AUTHORITY: 20-A MRSA Section 8801-2
PURPOSE: Establish rules regarding the operation of summer schools.
ANTICIPATED SCHEDULE: June 30, 2000
AFFECTED PARTIES: School administrative units offering summer school programs.

NEW RULE: Certificates and Training Program for Activity Coordinators
STATUTORY AUTHORITY: 26 MRSA Section 2165, subsection 3
PURPOSE: Establish rules regarding training programs and certification for activity coordinators.
ANTICIPATED SCHEDULE: June 1, 2000
AFFECTED PARTIES: Persons applying for certification as activity coordinators.

NEW RULE: Funding Formula for Regional Child Development Services System Sites
STATUTORY AUTHORITY: 26 MRSA PL 1999, Chapter 296, Rules Chapter 182 Emergency - Major Substantive Rule
PURPOSE: Propose rules to establish a funding formula for Regional Child Development Services System sites.
ANTICIPATED SCHEDULE: Provisional rules to Legislature for approval January 15, 2000
AFFECTED PARTIES: CDS sites and children receiving services


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