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05
Department of Education
200-2005 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 2004-2005 RULE-MAKING ACTIVITY:

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: By June 15, 2005
AFFECTED PARTIES: All school personnel seeking certification under the qualifying exam.

CHAPTER 14: 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, 2005 with particular regard to the dispute resolution process.
AFFECTED PARTIES: School administrative units and homeless students.

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 particularly in relation to the reorganization/merging of DHS and DBDS and the creation of a single DHS.
ANTICIPATED SCHEDULE: By August 31, 2005
AFFECTED PARTIES: Clients served jointly by DOE, DHS.

CHAPTER 23: Collection of Staff Information
STATUTORY AUTHORITY: By 20-A M.R.S.A. §104, 967, and 1753
PURPOSE: Review/Revise rules regarding collection of staff information
ANTICIPATED SCHEDULE: By October 1, 2005
AFFECTED PARTIES: Local school administrative units and their individual staff employees.

CHAPTER 25: 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Repeal rules regarding special education adjustment for budgetary hardship since statutory provisions have been repealed.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 October 1, 2005
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: By October 1, 2005
AFFECTED PARTIES: Local school administrative units.

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 and in anticipation of the work of the Maine Commission on Public Health.
ANTICIPATED SCHEDULE: By July 15, 2005
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: By July 1, 2005
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: By July 15, 2005
AFFECTED PARTIES: Children in child care centers, recreation centers, and camps.

CHAPTER 60: New Siting Approval-Major Substantive Rule
STATUTORY AUTHORITY: P.L. 1999 C. 776 §21
PURPOSE: Review/revise rules governing regarding the siting of all new school construction projects that receive State funding.
ANTICIPATED SCHEDULE: By June 15, 2005
AFFECTED PARTIES: School administrative units who seek site approval for a new school construction project that receives State funding.

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: By June 15, 2005
AFFECTED PARTIES: School administrative units and students.

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: By June 15, 2005
AFFECTED PARTIES: School administrative units and students.

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: By September 1, 2005
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 pending 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 and any changes necessary to accommodate the provisions of the Essential Programs and Services Model for school funding.
ANTICIPATED SCHEDULE: By June 15, 2005
AFFECTED PARTIES: Students with disabilities, school administrative units, and private schools.

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: By October 1, 2005
AFFECTED PARTIES: Gifted and talented students.

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: By September 15, 2005
AFFECTED PARTIES: Teachers in training.

CHAPTER 115: Certification of Educational Personnel: Standards and Procedures
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 502 - Major Substantive Rule
PURPOSE: Review/Revise rules regarding the certification of educational personnel including standards-based certification and alternative pathways to certification
ANTICIPATED SCHEDULE: By September 15, 2005
AFFECTED PARTIES: Educational Personnel seeking certification or re-certification.

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: By June 15, 2005
AFFECTED PARTIES: Public, certified, authorized, and approved educational personnel.

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.
ANTICIPATED SCHEDULE: By July 15, 2005
AFFECTED PARTIES: All school administrative units and K-12 students

CHAPTER 126: Immunization Requirements for School Children
STATUTORY AUTHORITY: 20-A M.R.S.A. §6352 to 6358 - Major Substantive Rule
PURPOSE: Review/Revise rules regarding immunization of school children.
ANTICIPATED SCHEDULE: By June 15, 2005
AFFECTED PARTIES: Local school administrative units and K-12 students.

CHAPTER 127: Instructional Program, Assessment and Diploma Requirements
STATUTORY AUTHORITY: 20-A M.R.S.A., Chapter 207-A - Major Substantive Rule
PURPOSE: Review/Revise the rule that prescribes the basic instructional requirements for the public elementary and secondary schools regarding compliance with the system of Learning Results.
ANTICIPATED SCHEDULE: By July 15, 2005
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, 2005
AFFECTED PARTIES: The statutory provision for this rule has been repealed.

CHAPTER 130: Rules of Equivalent Instruction Programs--REPEAL
STATUTORY AUTHORITY: 20-A M.R.S.A. §5001-A (3)(A) - Major Substantive Rule
PURPOSE: REPEAL rules regarding notice of home schooling and assessment of student performance. Current statutes regarding home schooling are clear enough not to necessitate rules at the present time.
ANTICIPATED SCHEDULE: By January 15, 2005

CHAPTER 131: Rules for Learning Results
STATUTORY AUTHORITY: 20-A M.R.S.A. §6211 - Major Substantive Rule
PURPOSE: Review/Revise rules pertaining to implementation of Maine's Learning Results
ANTICIPATED SCHEDULE: By July 1, 2005
AFFECTED PARTIES: Local school administrative units, their staff 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: By June 15, 2005
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: By July 15, 2005
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: By June 15, 2005
AFFECTED PARTIES: Privately owned correspondence schools and their students.


Amendment received September 29, 2004:
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, 2005
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, 2005
AFFECTED PARTIES: Owners and students of in state and out of state post secondary institutions.

CHAPTER 180: Early Intervention and Special Education for Children Age Birth to Under Age Six.
STATUTORY AUTHORITY: 20-A M.R.S.A. §7727-Major Substantive Rule
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 B of I.D.E.A. and to implement amendments to 20-A, M.R.S.A. C. 307-A, including emergency rules by August of 2004 to assure the continued provision of services through the CDS System for children who reach five between September 1 and October 15.
ANTICIPATED SCHEDULE: By June 30, 2005
AFFECTED PARTIES: 0-5 pre-school children with disabilities.

CHAPTER 182: Formula of Distribution of Funds to Child Development Services Regional Sites
STATUTORY AUTHORITY: 26 M.R.S.A. PL 1999, Chapter 296. Major Substantive Rule
PURPOSE: Review/Revise rules regarding a funding formula for Regional Child Development Services/System Sites, including emergency rules by August of 2004 to assure the continued provision of services through the CDS System for children who reach five between September 1 and October 15.
ANTICIPATED SCHEDULE: By June 15, 2005
AFFECTED PARTIES: CDS sites and children receiving services.

CHAPTERS 225, 226, 229: Adult Education
STATUTORY AUTHORITY: 20-A M.R.S.A. §8602
PURPOSE: Review/Revise adult education rules by repealing and replacing into one rules chapter.
ANTICIPATED SCHEDULE: By July 15, 2005
AFFECTED PARTIES: Adult education students.

CHAPTER 231: Vocational Program Approval Procedure-REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 313
PURPOSE: Repeal
ANTICIPATED SCHEDULE: By July 15, 2005
AFFECTED PARTIES: The provisions of this rule will be 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: By January 31, 2005
AFFECTED PARTIES: Applied technology students.

CHAPTER 236: Program Evaluation Requirements-REPEAL
STATUTORY AUTHORITY: 20-A M.R.S.A. §8306-A
PURPOSE: Repeal
ANTICIPATED SCHEDULE: By July 15, 2005
AFFECTED PARTIES: The provisions of this rule will be 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: By July 15, 2005
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: By July 1, 2005
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: By June 30, 2004
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: By July 1, 2005
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: Adopt rule 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: By June 15, 2005
AFFECTED PARTIES: Private schools and private school students.

NEW RULE: School Funding Based on Essential Programs and Services
STATUTORY AUTHORITY: 20-A M.R.S.A. §15687 - Major Substantive Rule
PURPOSE: May establish rules to implement school funding based on essential programs and services.
ANTICIPATED SCHEDULE: By January 15, 2005
AFFECTED PARTIES: All school administrative units.

NEW RULE: Coordination of School Calendars for Career and Technical Education Students
STATUTORY AUTHORITY: 20-A M.R.S.A. §4801, sub-§ 2-A-Major Substantive Rule
PURPOSE: Adopt rules to establish requirements for regional school calendars.
ANTICIPATED SCHEDULE: By February 15, 2005
AFFECTED PARTIES: Career and Technical Education students and school administrative


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