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Home > Agendas > 2008-2009 > Department of Education

2008-2009 Regulatory Agendas

05-071
Department of Education

AGENCY UMBRELLA-UNIT NUMBER: 05-071
AGENCY NAME: Department of Education

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: The Department of Education did not adopt any Emergency Rules since the last Regulatory Agenda.

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 7: Implementation of the Essential Programs and Services Funding Model – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A. §15687
PURPOSE: Review/Revise rules regarding implementing school funding based on essential programs and services including Targeted Funds.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by January 11, 2009
AFFECTED PARTIES: All local school administrative units and students.

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 to add a Praxis II score for teachers of the deaf and to remove provisions that have been sunsetted by statute.
ANTICIPATED SCHEDULE: By June 1, 2009
AFFECTED PARTIES: 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, 2009 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. Chapter 301, §7001(8) and §7005 and 22, M.R.S.A., §8181 et. seq. and §8104
PURPOSE: Review/Revise rules to ensure consistency of the education module of this rule among the agencies having joint rule-making authority.
ANTICIPATED SCHEDULE: By June 15, 2009
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), and 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 July 1, 2009
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, 2009
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 26: Reorganization of School Administrative Districts
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 103-A
PURPOSE: Review/Revise rules to reflect statutory provisions regarding the closing of an elementary school and to accommodate the reorganization of school administrative units into regional, state-approved units of school administration.
ANTICIPATED SCHEDULE: By September 1, 2009
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, 2009
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 51: Child Nutrition Programs in Public Schools and Institutions
STATUTORY AUTHORITY: 20-A, M.R.S.A. §6602(5)
PURPOSE: Review/Revise rules regarding the National School Lunch Program, the School Breakfast Program and the School Milk Program.
ANTICIPATED SCHEDULE: By July 1, 2009
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 - 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, 2009
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, 2009
AFFECTED PARTIES: Children in child care centers, recreation centers, and camps.

CHAPTER 61: School Building Construction – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A. §15905(4) and Resolve 2007, Chapter 223
PURPOSE: Review/Revise rules governing school building construction including rules for purchase of land in conjunction with a school construction project, green construction, energy effectiveness, construction project penalty provisions for not consolidating as a separate or part of another Regional School Unit, development of an innovative model of consolidated, integrated regional secondary and postsecondary education, construction requirements for renovation of an historic school building considering energy efficiency.
ANTICIPATED SCHEDULE: Adopt emergency rules by October 31, 2008. Provisionally adopted and filed with the Legislature by December 31, 2008
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 64: Maine School Facilities Program and School Revolving Renovation Fund - Major Substantive Rule
A Joint Rule with Maine Municipal Bond Bank 94-376
STATUTORY AUTHORITY: 20-A, M.R.S.A. §4001, §15907, §15918, and 30-A §5953-E(4) and §6006-F(8)
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 and interim space and permanent small instructional space.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by January 11, 2009
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 81: Uniform School Bus Standards
STATUTORY AUTHORITY: 20-A, M.R.S.A. §5401(17) and 29-A, M.R.S.A. §2311
PURPOSE: Review/Revise or repeal and replace rules regarding transportation and school bus standards
ANTICIPATED SCHEDULE: By July 1, 2009
AFFECTED PARTIES: Local school administrative units and student bus safety.

CHAPTER 114: Purpose, Standards and Procedures for the Review and Approval of
Educational Personnel Preparation Programs
STATUTORY AUTHORITY: 20-A, M.R.S.A. §13012, sub-§6, §13019-C, sub-§3
PURPOSE: Review/Revise rules regarding teacher education program approval.
ANTICIPATED SCHEDULE: By June 1, 2009
AFFECTED PARTIES: Educational personnel preparation programs, teachers in training.

CHAPTER 115: Certification, Authorization and Approval of Education Personnel - Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 502
PURPOSE: Review/Revise rules regarding the certification of educational personnel including certification for teachers whose primary language is not English.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by January 11, 2009
AFFECTED PARTIES: Educational Personnel seeking certification or re-certification.

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, 2009
AFFECTED PARTIES: All local school administrative units and students

CHAPTER 126: Immunization Requirements for School Children – Major Substantive Rule
A JOINT RULE WITH DEPARTMENT OF HEALTH AND HUMAN SERVICES 10-144 Chapter 261: Immunization Requirements for School Children
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 223 §6358
PURPOSE: Review/Revise rule that specifies those diseases for which immunization is required and establishes school record keeping and reporting requirements or guidelines and procedures for exclusion of immunized children from school.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by January 11, 2009
AFFECTED PARTIES: All local school administrative units and students

CHAPTER 127: Instructional Program, Assessment and Diploma Requirements – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 207-A, Chapter 222
PURPOSE: Review/Revise the rule that prescribes the basic instructional assessment requirements, the parameters for essential instruction curriculum requirements, and the standards for awarding a high school diploma using multiple pathways that include career and technical education programs and alternative education programs. Defines the Department Diploma for the public elementary and secondary schools in compliance with the system of Learning Results.
ANTICIPATED SCHEULE: Provisionally adopted and filed with the Legislature by January 11, 2009
AFFECTED PARTIES: All school administrative units and students.

CHAPTER 131: The Maine Federal, State, and Local Accountability Standards - Major Substantive Rule
STATUTORY AUTHORITY: 20-A M.R.S.A §6208, §6209, and §6211
PURPOSE: Amends the rule to revise the standards and performance indicators that are used for the statewide student assessment to align with the New England Comprehensive Assessment Program (NECAP) assessment standards and performance indicators in reading and mathematics so that the State of Maine can participate in the NECAP. This will allow Maine to maintain and improve the quality of the state assessment and achieve cost efficiencies by sharing the costs among these other states and to align high school standards in reading and mathematics with the grades 3-8 expectations.
ANTICIPATED SCHEDULE: July 1, 2009
AFFECTED PARTIES: All local school administrative units 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. §10701-10714
PURPOSE: Review/Revise rules governing institutions of higher education to confer academic degrees.
ANTICIPATED SCHEDULE: By July 1, 2009
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. §4003-A
PURPOSE: Review/Revise rules to reflect changes in the monitoring of chemicals used in school classrooms.
ANTICIPATED SCHEDULE: By May 15, 2009
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 July 1, 2009
AFFECTED PARTIES: Owners and students of in-state and out-of-state post secondary institutions.

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 because current rules have been 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: Provisionally adopted and filed with the Legislature by January 11, 2009
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. Chapter 301, Chapter 303
PURPOSE: Amend the rules to replace the temporary one-year funding formula with a permanent 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: Provisionally adopted and filed with the Legislature by January 11, 2009
AFFECTED PARTIES: School administrative units, Child Development Services sites and children receiving services.

CHAPTER 225: Adult High School Completion Programs
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 315, §§ 8601-8612
PURPOSE: Amend the rule to align the definitions used, the program descriptions and the eligibility requirements for adult education within applicable statutes specifically as it relates to the elements of adult, career and technical education, adult workforce training and re-training, and the costs for which school administrative units, regions, and centers may claim reimbursement.
ANTICIPATED SCHEDULE: By September 1, 2009
AFFECTED PARTIES: Adult education administrators and students

CHAPTER 232: Standard Criteria for Maine Secondary Vocational Programs
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 313, §8306-A
PURPOSE: Amend the rule to change the title and references from Secondary Vocational Programs to Career and Technical Education Programs and courses.
ANTICIPATED SCHEDULE: By September 1, 2009
AFFECTED PARTIES: All school administrative units and students

CHAPTER 245: Standards for Education Programming for Certified Nursing Assistants
STATUTORY AUTHORITY: 32, M.R.S.A. Section 2104(4)(C)
PURPOSE: Revise, amend or repeal the rule that authorizes the Department of Education to establish a minimum standard or training in programs which prepare Certified Nursing Assistants.
ANTICIPATED SCHEDULE: By September 15, 2009
AFFECTED PARTIES: Certified Nursing Assistants and Certified Nursing Assistants training institutions.

NEW RULES

NEW RULE: Efficient, Higher Performing Districts – Major Substantive Rule
STATUTORY AUTHORITY: PL 2007, Chapter 240, Section XXXX-48
PURPOSE: To define efficient, higher performing school districts and establish criteria for their identification and an efficiency factor for per pupil expenditures for system administration for a unit submitting an alternative plan for a regional school unit.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by January 11, 2009
AFFECTED PARTIES: All local school administrative units and students.

NEW RULE: Waiver of Certain School Construction Requirements for the Renovation of an Historic School Building
STATUTORY AUTHORITY: 20-A, M.R.S.A. §15908-A(4)
PURPOSE: To allow the State Board of Education to grant waivers of certain school construction requirements for the renovation of an historic school building provided it can demonstrate that it has considered the most energy-efficient and environmentally efficient design.
ANTICIPATED SCHEDULE: By September 15, 2009
AFFECTED PARTIES: All local school administrative units and students.