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05
Department of Education

2002-2003 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 2002-2003 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, 2003
AFFECTED PARTIES: Now covered under Department of Administrative and Financial Services Rule, Chapter 120, Rules for Appeal of Contracts and Grant Awards.

CHAPTER 12: State Assessment of Student Performance
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 222 §6201 to §6209 et seq.
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2003
AFFECTED PARTIES: Now included in Chapter 125.

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: April 15, 2003
AFFECTED PARTIES: All school personnel seeking certification under the 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, 2003
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 services to private school pupils
ANTICIPATED SCHEDULE: October 1, 2003
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: October 1, 2003
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: October 1, 2003
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: October 1, 2003
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: October 1, 2003
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, 2003
AFFECTED PARTIES: State Plan for Migrant Education now guided by Federal No Child Left Behind Act of 2003.

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, 2003
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, 2003
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 15, 2003
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, 2003
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: Repeal
ANTICIPATED SCHEDULE: July 15, 2003
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, 2003
AFFECTED PARTIES: The bond funds were dispersed and rule rules are no longer necessary.

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, 2003
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, 2003
AFFECTED PARTIES: The bond funds were dispersed and rules are no longer necessary.

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: September 1, 2003
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, 2003
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, 2003
AFFECTED PARTIES: The provisions of this rule are now consolidated in Chapter 101.

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, 2003
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, 2003
AFFECTED PARTIES: Statutory provisions were accomplished through in interagency cooperative agreement.

CHAPTER 111: Teacher Recognition Grants
STATUTORY AUTHORITY: 20-A M.R.S.A. §13506
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2003
AFFECTED PARTIES: The statutory provisions covered a one-time grant program for the 1985-86 school year.

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, 2003
AFFECTED PARTIES: The provisions of this rule have been consolidated in rules Chapter 115.

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, 2003
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: September 15, 2003
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, 2003
AFFECTED PARTIES: The provisions of this rule have been consolidated in rules Chapter 115.

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, 2003
AFFECTED PARTIES: Educational personnel needing professional development.

CHAPTER 117: Placement Registration
STATUTORY AUTHORITY: 20-A M.R.S.A. §13005, et seq.
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2003
AFFECTED PARTIES: The statutory provision for this rule has been repealed.

CHAPTERS 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.
ANTICIPATED SCHEDULE: June 15, 2003
AFFECTED PARTIES: Public, certified, authorized, and approved educational personnel.

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, 2003
AFFECTED PARTIES: N/A

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, 2003
AFFECTED PARTIES: Local 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: June 30, 2003
AFFECTED PARTIES: The statutory provision for this rule has been repealed.

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, 2003
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, 2003
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, 2003
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: June 15, 2003
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, 2003
AFFECTED PARTIES: The statutory provision for the demonstration sites has been repealed.

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, 2003
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, 2003
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, 2003
AFFECTED PARTIES: CDS sites and children receiving services.

CHAPTER 223: General Adult Education
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 315
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2003
AFFECTED PARTIES: N/A

CHAPTERS 225, 229: Adult Education
STATUTORY AUTHORITY: 20-A M.R.S.A. §8602
PURPOSE: Review/Revise adult education rules.
ANTICIPATED SCHEDULE: July 15, 2003
AFFECTED PARTIES: Adult education students.

CHAPTER 231: Vocational Program Approval Procedure
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 313
PURPOSE: Repeal
ANTICIPATED SCHEDULE: July 15, 2003
AFFECTED PARTIES: The provisions of this rule have been consolidated in Chapter 232.

CHAPTER 232: Applied Technology Education
STATUTORY AUTHORITY: 20-A M.R.S.A. §8306-A
PURPOSE: Review/Revise applied technology education rules.
ANTICIPATED SCHEDULE: January 31, 2003
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, 2003
AFFECTED PARTIES: The provisions of this rule have been consolidated in Chapter 232.

CHAPTER 237: Live or Outside Work
STATUTORY AUTHORITY: 20-A M.R.S.A., Chapter 313, §8306-A
PURPOSE: Review/Revise live work rules
ANTICIPATED SCHEDULE: July 15, 2003
AFFECTED PARTIES: Participants in Live or Outside Work Programs.

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, 2003
AFFECTED PARTIES: Nursing assistant practitioners and training programs.

CHAPTER 250: School Approval for Non-traditional Limited Purpose Schools
STATUTORY AUTHORITY: 20-A, M.R.S.A. §2907
PURPOSE: Review/Revise rules regarding school approval for non-traditional limited purpose schools.
ANTICIPATED SCHEDULE: June 30, 2003
AFFECTED PARTIES: Non-traditional limited purpose schools and students.

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, 2003
AFFECTED PARTIES: Local school administrative units and students attending the Governor Baxter School for the Deaf.

NEW RULE: School Approval for Private Schools
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 117
PURPOSE: To clarify school approval requirements for private schools approved for attendance purposes, for private schools approved for tuition purposes, and for approval of private schools that enroll 60% or more publicly funded students.
ANTICIPATED SCHEDULE: June 30, 2003
AFFECTED PARTIES: Private schools and private school students.

NEW RULE: Facilities Management Templates
STATUTORY AUTHORITY: 20-A, M.R.S.A. §4001, 15917, 15918, 1055, 6801, 15912
PURPOSE: To establish rules regarding the maintenance of school facilities
ANTICIPATED SCHEDULE: October 1, 2003
AFFECTED PARTIES: School Administrative Units and students.


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