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Home > Agendas > 2006-2007 > Department of Education

2006-2007 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. E-mail: greg.scott@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:
Chapter 182: Formula of Distribution of Funds to Child Development Services Regional Sites - Major Substantive Rule, August 9, 2006

EXPECTED 2006-2007 RULE-MAKING ACTIVITY:

CHAPTER 13: Qualifying Examinations for Teachers, Educational Specialists and Administrators
STATUTORY AUTHORITY: 20-A, M.R.S.A., §13038
PURPOSE: Review/Revise rules regarding the qualifying examination for teachers
ANTICIPATED SCHEDULE: By August 1, 2007
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, 2007 with particular regard to the dispute resolution process.
AFFECTED PARTIES: Local 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 DHHS and DBDS and the creation of a single DHHS.
ANTICIPATED SCHEDULE: By June 15, 2007
AFFECTED PARTIES: Clients served jointly by DOE, DHHS.

CHAPTER 21: Secular Textbooks and Services to Private School Pupils - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A., §15613(4), Title 30-A, M.R.S.A. sub-§5-9
PURPOSE: Repeal rules governing the mechanism for providing secular text books and services for private school pupils since statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By June 15, 2007
AFFECTED PARTIES: Local school administrative units and private schools.

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 July 1, 2007
AFFECTED PARTIES: Local school administrative units and students.

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, 2007
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 27: Rules for Determining Geographic Isolation Status - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A. §15612, sub-section 2
PURPOSE: Repeal rules governing the determination of geographic isolation and the subsidy adjustment for school administrative units that operate one or more geographically isolated schools since statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By July 1, 2007
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 52: School Nutrition Program Eligibility Verification Program - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A. §6602(5)
PURPOSE: Repeal rules governing school nutrition program eligibility since verification now occurs at the local school administrative unit level.
ANTICIPATED SCHEDULE: By July 1, 2007
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 58: Child Nutrition Programs in Child Care Centers and Recreational Centers and Camps - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A. §6602(5)
PURPOSE: Repeal rules governing child nutrition programs in child care centers, recreation centers, and camps since the program is now operated by the Department of Health and Human Services under their rules.
ANTICIPATED SCHEDULE: By July 1, 2007
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, 2007
AFFECTED PARTIES: Local school administrative units who seek site approval for a new school construction project that receives State funding.

CHAPTER 61: School Building Construction – Major Substantive Rule
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, 2007
AFFECTED PARTIES: Local 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” and debt service costs for subsidy purposes for lease costs or lease-purchase costs for temporary or portable classroom space.
ANTICIPATED SCHEDULE: By June 15, 2007
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 81: Uniform School Bus Standards
STATUTORY AUTHORITY: 20-A, M.R.S.A. §15621
PURPOSE: Review/Revise or repeal and replace rules regarding transportation and school bus standards
ANTICIPATED SCHEDULE: By September 1, 2007
AFFECTED PARTIES: Local school administrative units and student bus safety.

CHAPTER 101: Special Education Amendments – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapters 301, 303, 304, 305, 308
PURPOSE: Amend current rules into one unified set of Department rules for the governance of special education programs and services for eligible infants, toddlers, and children from birth through age 20. This will combine the rules for the Child Development Services System including Department rules Chapter 180, Chapter 181 and Chapter 182 and will align existing state statutes with the provisions of the recently reauthorized federal Individuals with Disabilities Education Act Reauthorization (I.D.E.A) Federal, 20 USC, Section 1400 et. seq.
ANTICIPATED SCHEDULE: Provisionally adopt by January 1, 2007
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 June 15, 2007
AFFECTED PARTIES: Gifted and talented students.

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, alternative pathways to certification, determination of proficiency for prelingually deaf teacher certification candidates, and interim superintendent certification.
ANTICIPATED SCHEDULE: By July 1, 2007
AFFECTED PARTIES: Educational Personnel seeking certification or re-certification.

CHAPTERS 118: Support Systems: Standards and Procedures for Operation
STATUTORY AUTHORITY: 20-A, M.R.S.A. §13015 and §13123 et seq.
PURPOSE: Review/Revise rules regarding support systems standards and procedures for operation.
ANTICIPATED SCHEDULE: By July 1, 2007
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 September 1, 2007
AFFECTED PARTIES: All local school administrative units and K-12 students

CHAPTER 127: Instructional Program, Assessment and Diploma Requirements – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 207-A
PURPOSE: Review/Revise the rule that prescribes the basic instructional assessment requirements for the public elementary and secondary schools regarding compliance with the system of Learning Results and to reflect the mid-course and “moratorium” adjustments in PL 2005, Chapter 446.
ANTICIPATED SCHEULE: By September 1, 2007
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, 2007
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 131: Rules for Learning Results – Major 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, 2007
AFFECTED PARTIES: Local school administrative units, their staff and K-12 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, 2007
AFFECTED PARTIES: Owners and students of in-state and out-of-state post-secondary institutions.

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, 2007
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, 2007
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 - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A. §7727 and Resolve, 2005, Chapter 79 PURPOSE: Repeal current rules established for the provision of special education services to eligible children from age 5 to age 20 into one unified set of Department rules (Chapter 101) for the provision of special education programs for eligible infants, toddlers, and children from birth to age 20.
ANTICIPATED SCHEDULE: Tied to January 1, 2007 provisional adoption of rule Chapter 101
AFFECTED PARTIES: School administrative units, Child Development Services sites and 0-5 pre-school children with disabilities.

CHAPTER 181: Child Development Services System: Regional Provider Advisory Boards - Major Substantive Rule - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A. §7732-A(10)
PURPOSE: Repeal current rules established for the provision of special education services to eligible children from age 5 to age 20 into one unified set of Department rules (Chapter 101) for the provision of special education programs for eligible infants, toddlers, and children from birth to age 20.
ANTICIPATED SCHEDULE: Tied to January 1, 2007 provisional adoption of rule Chapter 101
AFFECTED PARTIES: School administrative units, Child Development Services sites and 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 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, 2007
AFFECTED PARTIES: School administrative units, Child Development Services sites and children receiving services.

CHAPTERS 221, 222, 224, 225, 226, 227, 229, 230: Adult Education
STATUTORY AUTHORITY: 20-A, M.R.S.A. §8602
PURPOSE: Review/Revise adult education rules by repealing and consolidating where appropriate.
ANTICIPATED SCHEDULE: By June 15, 2007
AFFECTED PARTIES: Adult education 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 including Targeted Funds.
ANTICIPATED SCHEDULE: By January 15, 2007
AFFECTED PARTIES: All local school administrative units and students.

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, 2007
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, 2007
AFFECTED PARTIES: Students receiving their education from a regional alternative or regional special education program.

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, 2007
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: After School Grant Program
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 318
PURPOSE: Adopt rules governing the after school programs and after school funds established in Chapter 318.
ANTICIPATED SCHEDULE: By June 15, 2007
AFFECTED PARTIES: Local school administrative units and children who will participate in the after school programs.

NEW RULE: Youth Mentoring Program
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 331
PURPOSE: Adopt rules governing the Youth Mentoring Program and Youth Mentoring Funds established in Chapter 331.
ANTICIPATED SCHEDULE: By June 15, 2007
AFFECTED PARTIES: Local school administrative units and children who will participate in the Youth Mentoring Program.

NEW RULE: CHAPTER 132: Learning Results: Parameters for Essential Instruction
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 103-A, §1451 and §1454
PURPOSE: Outlines the standards, performance indicators and descriptors in 8 content areas that comprise Maine’s Learning Results.
ANTICIPATED SCHEDULE: By September 30, 2007
AFFECTED PARTIES: All local school administrative units and K-12 students