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Home > Agendas > 2005-2006 > Department of Education

2005-2006 Regulatory Agendas

05-071
Department of Education

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:
Maine Department of Education Chapter 180 Section XIII Early Intervention and Special Education for Children Age Birth to Under Age Six was adopted as an Emergency Rule and accepted for filing August 3, 2004.

EXPECTED 2005-2006 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 July 1, 2006
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, 2006 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, 2006
AFFECTED PARTIES: Clients served jointly by DOE, DHS.

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: By October 1, 2006
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Repeal rules regarding special education adjustment for budgetary hardship since statutory provisions have been repealed.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 15, 2006
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, 2006
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, 2006
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, 2006
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, 2006
AFFECTED PARTIES: Children in child care centers, recreation centers, and camps.

CHAPTER 60: New Siting Approval—Major Substantive Rule
STATUTORY AUTHORITY: P.L. 1999 Chapter 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, 2006
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, 2006
AFFECTED PARTIES: School administrative units and students.

CHAPTER 64: 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”
ANTICIPATED SCHEDULE: By June 15, 2006
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, 2006
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, 2006
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, 2006
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, 2006
AFFECTED PARTIES: Teachers in training.


Chapter 115: Certification of Educational Personnel: Standards and Procedures – Major Substantive Rule
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: By September 15, 2006
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 July 1, 2006
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 regarding compliance with the system of Learning Results.
ANTICIPATED SCHEDULE: By July 15, 2006
AFFECTED PARTIES: All school administrative units and K-12 students

CHAPTER 127: Instructional Program, Assessment and Diploma Requirements – Major Substantive RuleConsensus-based rule development process
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 207-A
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 SCHEULE: By July 15, 2006
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, 2006
AFFECTED PARTIES: The statutory provision for this rule has been repealed.

CHAPTER 131: Rules for Learning ResultsMajor Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A. §6211
PURPOSE: Review/Revise rules pertaining to implementation of Maine’s Learning Results
ANTICIPATED SCHEDULE: By July 1, 2006
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, 2006
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, 2006
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, 2006
AFFECTED PARTIES: Privately owned correspondence schools and their students.

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, 2006
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, 2006
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 - Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A. §7727 and Resolve, 2005, Chapter 79 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, particularly Sub-chapter XIII to clarify issues of informed parental consent, submission of the individualized family service plan and informing Child Development sites of parental choice 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, 2006
AFFECTED PARTIES: 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: 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, 2006
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, 2006
AFFECTED PARTIES: Adult education students.

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, 2006
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, 2006
AFFECTED PARTIES: Non-traditional limited purpose schools and students.

NEW RULE: School Approval for Private Schools – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 117 §2901, Sub-section 7
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, 2006
AFFECTED PARTIES: Private schools and private school students.

NEW RULE: School Funding Based on Essential Programs and Services – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A. §15687
PURPOSE: May establish rules to implement school funding based on essential programs and services.
ANTICIPATED SCHEDULE: By January 15, 2006
AFFECTED PARTIES: All school administrative units.

NEW RULE: Closing A School in the Unorganized Territory – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A. §3301, Sub-section 8
PURPOSE: Adopt rule to establish procedures and standards to close a school in the Unorganized Territory.
ANTICIPATED SCHEDULE: By July 15, 2006
AFFECTED PARTIES: Department of Education and students and parents in the Unorganized Territory.

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 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 May 15, 2006
AFFECTED PARTIES: Students receiving their education from a regional alternative or regional special education program.

NEW RULE: Nutrition Education and Standards for Food and Beverages Sold or Distributed on School Grounds but Outside of School Meal Programs – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A. §6661 and §6662
PURPOSE: Adopt rule to encourage nutrition education in public schools for students, teachers and staff and to establish standards for food and beverages sold or distributed on school grounds but outside of school meal programs.
ANTICIPATED SCHEDULE: By July 1, 2006
AFFECTED PARTIES: Public school students, teachers, staff and the general public.

NEW RULE: Determine the Proficiency of Prelingually Deaf Teacher Certification Candidates
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 502 and 20-A, M.R.S.A. Resolve, 2005, Chapter 72
PURPOSE: Amend Chapter 115, Certification, Authorization and Approval of Educational Personnel, to establish procedures and standards to determine the proficiency of Prelingually deaf teacher certification candidates.
ANTICIPATED SCHEDULE: By July 1, 2006
AFFECTED PARTIES: Prelingually deaf teacher certification candidates.

NEW RULE: Amend Instructional Program, Assessment and Diploma Requirements
STATUTORY AUTHORITY: 20-A, M.R.S.A. §6211, P.L. 2005, Chapter 446
PURPOSE: Amend Chapter 127, Instructional Program, Assessment, and Diploma Requirements to reflect the mid-course adjustments to Learning Results implementation, instructional program, assessment and diploma requirements as provided in P.L. 2005 Chapter 446
ANTICIPATED SCHEDULE: By July 1, 2006
AFFECTED PARTIES: All students in Maine’s public schools.

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, 2006
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: Certification Requirements for Persons Who Are Teaching Theater Arts and Dance as of October 1, 2005 – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 502 and Resolve, 2005, Chapter 96
PURPOSE: Amend Chapter 115, Certification, Authorization and Approval of Educational Personnel, to permit certification of persons who are teaching theater arts or dance in the State of Maine as of October 1, 2005 and who hold valid certification to teach in the State and have completed a minimum of 2 school years or the equivalent of 2 school years of teaching theater arts or dance in an accredited public or private school in the State.
ANTICIPATED SCHEDULE: By June 15, 2006
AFFECTED PARTIES: Teachers of Theater Arts and Dance and their students.

NEW RULE: Approval for the Receipt of Public Funds by Private Schools – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A. §2954
PURPOSE: Adopt a new rule regarding the approval for the receipt of public funds by private schools or adopt in conjunction with rules regarding school approval requirements of private schools.
ANTICIPATED SCHEDULE: By June 15, 2006
AFFECTED PARTIES: Private schools and private school students.

NEW RULE: Student Health Screening
STATUTORY AUTHORITY: 20-A, M.R.S.A. §6451(2)
PURPOSE: Adopt rules to provide for student screening for sight and hearing defects and to provide exemptions for a student whose parent objects in writing to screening on religious grounds
ANTICIPATED SCHEDULE: By April 30, 2006
AFFECTED PARTIES: Local School Administrative Units, staff and students