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05 - Department of Education
2001-2002 Regulatory Agenda

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: No Emergency Rules were adopted since the Last Regulatory Agenda.

EXPECTED 2001-2002 RULE-MAKING ACTIVITY:

CHAPTER 3: Award of grants and contracts by the Department of Education and the State Board of Education
STATUTORY AUTHORITY: 5 M.R.S.A. §1831, 20-A M.R.S.A. General Provisions
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 12: State Assessment of Student Performance
STATUTORY AUTHORITY: 20-A, M.R.S.A. 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: Provisional Rule to Legislature for Final Approval by February 15, 2002
AFFECTED PARTIES: Schools, students, and parents

CHAPTER 13: Qualifying Examinations for Teachers
STATUTORY AUTHORITY: 20-A, M.R.S.A., §13038
PURPOSE: Review/Revise rules regarding the qualifying examination for teachers
ANTICIPATED SCHEDULE: January 15, 2002
AFFECTED PARTIES: All school personnel seeking certification under the new qualifying exam

CHAPTER 18: 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 (DOE, DMHMR & SAS, DHS).
ANTICIPATED SCHEDULE: August 31, 2002
AFFECTED PARTIES: Clients served jointly by DOE, DHS, DMHMR & SAS.

CHAPTER 21: Secular Textbooks and Services to Private School Pupils
STATUTORY AUTHORITY: 20-A M.R.S.A. §15613(4)
PURPOSE: Review/Revise rules pertaining to secular textbooks and service to private school pupils
ANTICIPATED SCHEDULE: June 30, 2002
AFFECTED PARTIES: Private schools receiving funds from municipalities

CHAPTER 23: Collection of Staff Information
STATUTORY AUTHORITY: 20-A M.R.S.A. §104, 967, and 1753
PURPOSE: Review/Revise rules regarding collection of staff information
ANTICIPATED SCHEDULE: June 30, 2002
AFFECTED PARTIES: Local school administrative units and their individual staff employees

CHAPTER 25: Definition of Budgetary Hardship
STATUTORY AUTHORITY: 20-A M.R.S.A. §15612
PURPOSE: Review/Revise rules regarding special education adjustment for budgetary hardship.
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: Local school administrative units.

CHAPTER 26: 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: June 30, 2002
AFFECTED PARTIES: Local school administrative units.

CHAPTER 27: Rules for Determining Geographic Isolation Status
STATUTORY AUTHORITY: 20-A M.R.S.A. §1409
PURPOSE: Review/Revise rules regarding geographic isolation status
ANTICIPATED SCHEDULE: June 30, 2002
AFFECTED PARTIES: School Administrative Districts (S.A.D.s) and their municipality members

CHAPTERS 31, 32: Chapter 1, Migrant Education Program
STATUTORY AUTHORITY: Federal Education Consolidation Improvement Act
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2001
AFFECTED PARTIES: N/A

CHAPTER 51: Child Nutrition Programs in Public Schools and Institutions
STATUTORY AUTHORITY: 20-A M.R.S.A. §1055
PURPOSE: Review/Revise rules regarding the National School Lunch Program, the School Breakfast Program and the School Milk Program
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: Families and children participating in the school lunch program, school breakfast program or school milk program

CHAPTER 52: School Nutrition Program Eligibility Verification Program
STATUTORY AUTHORITY: 20-A M.R.S.A. §6602(5)
PURPOSE: Review/Revise rules governing school nutrition program eligibility.
ANTICIPATED SCHEDULE: July 1, 2002
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 M.R.S.A. §6602(5)
PURPOSE: Review/Revise rules governing child nutrition programs in child care centers, recreation centers, and camps.
ANTICIPATED SCHEDULE: July 1, 2002
AFFECTED PARTIES: Children in child care centers, recreation centers, and camps.

CHAPTER 61: School Building Construction
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.
ANTICIPATED SCHEDULE: June 15, 2002
AFFECTED PARTIES: School administrative units and students.

CHAPTER 62: Approval of Lease Costs of School Buildings
STATUTORY AUTHORITY: 20-A M.R.S.A. §15621 and §15603 §§8
PURPOSE: Review/Revise rules governing the approval of lease costs for school buildings.
ANTICIPATED SCHEDULE: June 15, 2002
AFFECTED PARTIES: School administrative units and students.

CHAPTER 63: Repair/Replacement Roofs
STATUTORY AUTHORITY: P & S, 1989 Ch. 113
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 64: Maine School Facilities Finance Program
STATUTORY AUTHORITY: 20-A M.R.S.A. PL 1999, Chapter 14 - Major Substantive Rule
PURPOSE: Review/Revise rules regarding the Maine School Facilities Finance Program "Revolving Renovation Fund"
ANTICIPATED SCHEDULE: June 15, 2002
AFFECTED PARTIES: School administrative units and students.

CHAPTER 65: Major Maintenance Projects
STATUTORY AUTHORITY: P & S 1989 Ch. 131
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 81: Uniform School Bus Standards
STATUTORY AUTHORITY: 20-A M.R.S.A. §15621
PURPOSE: Review/Revise rules regarding transportation and school bus standards
ANTICIPATED SCHEDULE: April 15, 2002
AFFECTED PARTIES: School administrative units and student safety.

CHAPTER 101: Special Education Amendments
STATUTORY AUTHORITY: 20-A M.R.S.A., Chapters 301, 303, 304, 305, 308
PURPOSE: Review/Revise current rules in accordance with the federal Individuals with Disabilities Education Act Reauthorization (I.D.E.A) Federal, 20USC, 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, 2002
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 M.R.S.A. §7204 and the Federal Education for All Handicapped Children Act
PURPOSE: REPEAL
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 104: Education Programs for Gifted and Talented Children
STATUTORY AUTHORITY: 20-A M.R.S.A. §8104-1
PURPOSE: Review/Revise current rules to update, and to delete references to discontinued activities.
ANTICIPATED SCHEDULE: August 31, 2002
AFFECTED PARTIES: Gifted and talented students.

CHAPTER 108: Joint Regulations between Department of Education and Department of Mental Health and Mental Retardation
STATUTORY AUTHORITY: 20-A M.R.S.A. §7003
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 111: Teacher Recognition Grants
STATUTORY AUTHORITY: 20-A M.R.S.A. §13506
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 113: Organizational Units Responsible for the Certification of Education Professionals
STATUTORY AUTHORITY: 20-A M.R.S.A. §13011 et. seq.
PURPOSE: Repeal
ANTICIPATED SCHEDULE July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 114: Policy, Procedures, and Standards for the Review and Approval of Educational Personnel Preparation Programs
STATUTORY AUTHORITY: 20-A M.R.S.A. §13012(2), §13019-B and §13019-C
PURPOSE: Review/Revise rules regarding teacher education program approval.
ANTICIPATED SCHEDULE: September 15, 2002
AFFECTED PARTIES: Teachers in training.

CHAPTER 115: Certification of Educational Personnel: Standards and Procedures
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 502
PURPOSE: Review/Revise rules regarding the certification of educational personnel including standards-based certification and alternative pathways to certification
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: Educational Personnel seeking certification or re-certification

CHAPTER 115-A: Re-certification of Educational Personnel
STATUTORY AUTHORITY: 20-A, M.R.S.A. §13011 to §13019-E, et. seq.
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 116: Professional Development
STATUTORY AUTHORITY: 20-A M.R.S.A. §13011 et. seq.
PURPOSE: Review/Revise rules regarding professional development for educational personnel
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 117: Placement Registration
STATUTORY AUTHORITY: 20-A M.R.S.A. §13005, et. seq.
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTERS 13, 115, 118, 119: General Certification Rules
STATUTORY AUTHORITY: 20-A M.R.S.A. §13003 and §13023 et. seq.
PURPOSE: Review/Revise rules regarding general certification rules including further definitions of the qualifications, functions, preparation, and supervision of educational technicians.
ANTICIPATED SCHEDULE: June 15, 2002
AFFECTED PARTIES: Public, certified, authorized, and approved educational personnel.

CHAPTER 120: Innovative Education Grants
STATUTORY AUTHORITY: 20-A M.R.S.A. §§17101-4
PURPOSE: Review/Revise rules governing the appeals process in accordance with 5 M.R.S.A., Chapter 156, §1831.
ANTICIPATED SCHEDULE: June 30, 2002
AFFECTED PARTIES: Innovative education grant applicants and recipients.

CHAPTER 121: Early Elementary, Kindergarten, to Grade Three, School Assistance Program
STATUTORY AUTHORITY: 20-A M.R.S.A. §260
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 125: Basic School Approval
STATUTORY AUTHORITY: 20-A M.R.S.A., Chapter 206
PURPOSE: Review/Revise appropriate sections in accordance with Learning Results.
ANTICIPATED SCHEDULE: Provisional Rule to Legislature for Approval by February 15, 2002 and February 15, 2003
AFFECTED PARTIES: K-12 Students.

CHAPTER 126: Immunization Requirements for School Children
STATUTORY AUTHORITY: 20-A M.R.S.A. §6352 to 6358
PURPOSE: Review/Revise rules regarding immunization of school children.
ANTICIPATED SCHEDULE: June 15, 2002
AFFECTED PARTIES: Local school administrative units and K-12 students.

CHAPTER 127: Instructional Requirements and Graduation Standards
STATUTORY AUTHORITY: 20-A M.R.S.A., Chapter 207-A
PURPOSE: Review/Revise appropriate sections in accordance with the Learning Results.
ANTICIPATED SCHEDULE: Provisional Rules to Legislature for Approval by April 1, 2002 and April 1, 2003
AFFECTED PARTIES: K-12 students.

CHAPTER 130: Rules for Equivalent Instruction Programs
STATUTORY AUTHORITY: 20-A M.R.S.A. §5001-A (3) (A)
PURPOSE: Review/Revise rules regarding the governance and Commissioner's approval of equivalent instruction programs/"home schooling"
ANTICIPATED SCHEDULE: September 1, 2002
AFFECTED PARTIES: Home school children and families

CHAPTER 131: Learning Results
STATUTORY AUTHORITY: 20-A M.R.S.A. Chapter 222 §6201 to §6209 et. seq. - Major Substantive Rule
PURPOSE: Review/Revise rules as appropriate for Learning Results/Learning Results, Content Standards and Student Performance Indicators.
ANTICIPATED SCHEDULE: Provisional Rules to Legislature for Approval - April 1, 2002
AFFECTED PARTIES: K-12 Students.

CHAPTER 138: Accreditation Standards Process
STATUTORY AUTHORITY: 20-A M.R.S.A. §4511 to 4516
PURPOSE: Review/Revise appropriate sections in accordance with Learning Results.
ANTICIPATED SCHEDULE: June 15, 2002
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 M.R.S.A. §9503, 9506-9507
PURPOSE: Review/Revise rules regarding the licensing of privately owned businesses, trade and technical schools and proprietary schools.
ANTICIPATED SCHEDULE: June 15, 2002
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 M.R.S.A. §10701-10710
PURPOSE: Review/Revise rules governing institutions of higher education to confer academic degrees.
ANTICIPATED SCHEDULE: July 15, 2002
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 M.R.S.A. §9201
PURPOSE: Review/Revise rules regarding licensing privately owned correspondence schools.
ANTICIPATED SCHEDULE: June 15, 2002
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 M.R.S.A. §10710
PURPOSE: Review/Revise rules governing degree authorization for out-of-state post secondary institutions.
ANTICIPATED SCHEDULE: July 1, 2002
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 M.R.S.A. §§4251-4
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 180: Early Intervention and Special Education for Children Age Birth to Under Age Six.
STATUTORY AUTHORITY: 20-A M.R.S.A. §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, M.R.S.A. C. 307-A.
ANTICIPATED SCHEDULE: June 30, 2002
AFFECTED PARTIES: 0-5 pre-school children with disabilities.

CHAPTER 181: Child Development Services System: Regional Provider Advisory Boards
STATUTORY AUTHORITY: 20-A M.R.S.A. Chapter 307, §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 30, 2002
AFFECTED PARTIES: CDS Regional Provider Advisory Boards.

CHAPTER 182: Formula of Distribution of Funds to Child Development Services Regional Sites
STATUTORY AUTHORITY: 26 M.R.S.A. PL 1999, Chapter 296, Rules Chapter 182
PURPOSE: Review/Revise rules regarding a funding formula for Regional Child Development Services/System Sites.
ANTICIPATED SCHEDULE: June 15, 2002
AFFECTED PARTIES: CDS sites and children receiving services

CHAPTERS 221, 222, 224, 225, 226, 227, 228, 229, 230: Adult Education
STATUTORY AUTHORITY: 20-A M.R.S.A. §8602
PURPOSE: Review/Revise adult education rules.
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: Adult education students.

CHAPTER 223: General Adult Education
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 315
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 231: Vocational Program Approval Procedure
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 313
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 232: Applied Technology Education
STATUTORY AUTHORITY: 20-A M.R.S.A. §8306-A
PURPOSE: Review/Revise applied technology education rules.
ANTICIPATED SCHEDULE: June 30, 2002
AFFECTED PARTIES: Applied technology students.

CHAPTER 236: Program Evaluation Requirements
STATUTORY AUTHORITY: 20-A M.R.S.A. §8306-A
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: Department of Education and Secretary of State.

CHAPTER 237: Live or Outside Work
STATUTORY AUTHORITY: 20-A M.R.S.A., Chapter 313, §38306-A
PURPOSE: Review/Revise live work rules
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: N/A

CHAPTER 245: Nursing Assistant Training Programs
STATUTORY AUTHORITY: 22 M.R.S.A. §1812-F
PURPOSE: Review/Revise rules regarding nursing assistant training programs.
ANTICIPATED SCHEDULE: July 1, 2002
AFFECTED PARTIES: Nursing assistant practitioners and training programs.

CHAPTER 301: State Board of Education Members, Removal from Office by Governor
STATUTORY AUTHORITY: 20-A M.R.S.A. §401-§§1
PURPOSE: Review/Revise of rules as appropriate.
ANTICIPATED SCHEDULE: June 30, 2002
AFFECTED PARTIES: State Board of Education.

NEW RULE: Funding for Students Attending the Governor Baxter School for the Deaf
STATUTORY AUTHORITY: 20-A, M.R.S.A. §7404, sub §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, 2002
AFFECTED PARTIES: Local school administrative units and students attending the Governor Baxter School for the Deaf.

NEW RULE: Operation of Summer Schools
STATUTORY AUTHORITY: 20-A M.R.S.A. §8801-2
PURPOSE: To establish rules regarding the operation of summer schools.
ANTICIPATED SCHEDULE: June 30, 2002
AFFECTED PARTIES: School administrative units offering summer school programs.

NEW RULE: Certificates and Training Program for Activity Coordinators
STATUTORY AUTHORITY: 26 M.R.S.A. §2165 §§3
PURPOSE: Review/Revise rules regarding training programs and certification for activity coordinators.
ANTICIPATED SCHEDULE: June 1, 2002
AFFECTED PARTIES: Persons applying for certification as activity coordinators.

NEW RULE: Training of Personnel Who Administer Medications in Schools
STATUTORY AUTHORITY: 20-A, M.R.S.A., §254, §§5, paragraph A
PURPOSE: To establish major substantive rules regarding the training of personnel who administer medication in schools.
ANTICIPATED SCHEDULE: February 15, 2002
AFFECTED PARTIES: Personnel who administer medications in schools.

NEW RULE: Rules Regarding Long Term Major School Capital Improvement Priority Lists and Project Approvals
STATUTORY AUTHORITY: P.L. 1999, Chapter 731, §yy-5 and 20-A, M.R.S.A. §15905 and §15603
PURPOSE: Review/Amend the rules (Chapter 61) regarding the review and approval process for major school capital improvement projects and if appropriate rules regarding protected status projects in the 2-year cycle. Rules specific to protected status would be Major Substantive Rules.
AFFECTED PARTIES: School administrative units and students
ANTICIPATED SCHEDULE: February 15, 2002

NEW RULE: Rules regarding Funding Public School Alliances
STATUTORY AUTHORITY: P & S 1999, Chapter 56
PURPOSE: May establish rules to administer a grant program to support public school alliances
ANTICIPATED SCHEDULE: July 15, 2002
AFFECTED PARTIES: Public School Alliances eligible for funding.

NEW RULE: Rules Regarding the Budget Format for School Districts.
STATUTORY AUTHORITY: 20-A M.R.S.A. §1305A and §1701A
PURPOSE: To establish rules regarding the format of school district budgets and community school districts that have chosen to adopt the new budget format and approval procedures defined in Chapter 710, PL 1999.
ANTICIPATED SCHEDULE: June 30, 2002
AFFECTED PARTIES: School Administrative Districts and Community School Districts

NEW RULE: Rules Regarding Changes in Cost-sharing Agreements in School Districts.
STATUTORY AUTHORITY: 20-A M.R.S.A. §1301 and §1704
PURPOSE: To establish rules regarding the qualifications, responsibilities and selection of individuals who may serve as facilitators or as knowledgeable third parties in the process of developing a proposed change in the method of sharing costs to be considered by the voters.
ANTICIPATED SCHEDULE: June 30, 2002
AFFECTED PARTIES: School Administrative Districts and Community School Districts



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