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State of Maine

05
Department of Education
1998-99 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) 287-5112

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 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: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 12: State Assessment of Student Performance
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 222 and PL 1995, Chapter 649
PURPOSE: Amend in accordance with the provision of Title 20-A pertaining to student assessment standards in the Learning Results.
ANTICIPATED SCHEDULE: August 31, 1999
AFFECTED PARTIES: Schools, students, and parents

CHAPTER 18: Licensure of Residential Child Care Facilities
STATUTORY AUTHORITY: 20-A, M.R.S.A., 7252-A and 7262-B
PURPOSE: Review/revise current rule 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, 1999
AFFECTED PARTIES: Clients served jointly by DOE, DHS, DMHMR & SAS.

CHAPTER 25: Definition of Budgetary Hardship
STATUTORY AUTHORITY: 20-A M.R.S.A. 15612
PURPOSE: Annual review/revision of rules regarding special education adjustment for budgetary hardship.
ANTICIPATED SCHEDULE: July 15, 1999
AFFECTED PARTIES: Local school administrative units.

CHAPTER 26: Reorganization of School Administrative Districts
STATUTORY AUTHORITY: 20-A M.R.S.A. 1407
PURPOSE: Annual review/revision of rules regarding the closing of elementary schools
ANTICIPATED SCHEDULE: November 1, 1999
AFFECTED PARTIES: Local school administrative units.

CHAPTER 31, 32: Chapter 1, Migrant Education Program
STATUTORY AUTHORITY: Federal Education Consolidation Improvement Act
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 52: School Nutrition Program Eligibility Verification Program
STATUTORY AUTHORITY: 20-A M.R.S.A. 6602(5)
PURPOSE: Annual review/revision of rules governing school nutrition program eligibility.
ANTICIPATED SCHEDULE: July 1, 1999
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: Annual review/revision of rules governing child nutrition programs in child care centers, recreation centers, and camps.
ANTICIPATED SCHEDULE: July 1, 1999
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
PURPOSE: Annual review/revision of rules governing school building construction.
ANTICIPATED SCHEDULE: June 15, 1999
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: Annual review/revision of rules governing the approval of lease costs for school buildings.
ANTICIPATED SCHEDULE: April 15, 1998
AFFECTED PARTIES: School administrative units and students.

CHAPTER 63: Repair/Replacement Roofs
STATUTORY AUTHORITY: P & S, 1989 Ch. 113
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 65: Major Maintenance Projects
STATUTORY AUTHORITY: P & S 1989 Ch. 131
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 81: Uniform School Bus Standards
STATUTORY AUTHORITY: 20-A M.R.S.A. 15621
PURPOSE: Annual review/revision of rules to incorporate recommendations of the National Standards Conference.
ANTICIPATED SCHEDULE: April 15, 1999
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: Revise current rule in accordance with the federal Individuals with Disabilities Education Act Reauthorization (I.D.E.A) Federal, 20USC, Section 1400 et. seq.
ANTICIPATED SCHEDULE: July 1, 1999
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, Federal Education for All Handicapped Children Act
PURPOSE: REPEAL
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 104: Education Programs for Gifted and Talented Children
STATUTORY AUTHORITY: 20-A M.R.S.A. 8104-1
PURPOSE: Annual review/revision of current rule to update, and to delete references to discontinued activities.
ANTICIPATED SCHEDULE: June 30, 1999
AFFECTED PARTIES: Gifted and talented students.

CHAPTER 107: Conduct and Administration of Pre-school Handicapped Coordination System
STATUTORY AUTHORITY: 20-A M.R.S.A. 7727
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: Department of Education and Secretary of State.

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: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 111: Teacher Recognition Grants
STATUTORY AUTHORITY: 20-A M.R.S.A. 13506
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: N/A

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: November 15, 1998
AFFECTED PARTIES: N/A

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: Annual review/revision of teacher education program approval rules.
ANTICIPATED SCHEDULE: September 15, 1999
AFFECTED PARTIES: Teachers in training.

CHAPTER 116: Professional Development
STATUTORY AUTHORITY: 20-A M.R.S.A. 13011 et. seq.
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: N/A

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: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 117: Placement Registration
STATUTORY AUTHORITY: 20-A M.R.S.A. 13005, et. seq.
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 13, 115, 118, 119: General Certification Rules
STATUTORY AUTHORITY: 20-A M.R.S.A. 13003, 13011 et. seq.
PURPOSE: Annual review/revision of general certification rules.
ANTICIPATED SCHEDULE: June 15, 1999
AFFECTED PARTIES: Public, certified, authorized, and approved educational personnel.

CHAPTER 120: Innovative Education Grants
STATUTORY AUTHORITY: 20-A M.R.S.A. 17101-4
PURPOSE: Revise rules governing the appeals process in accordance with 5 M.R.S.A., Chapter 156, 1831.
ANTICIPATED SCHEDULE: June 30, 1999
AFFECTED PARTIES: Innovative education grant applicants and recipients.

CHAPTER 121: Early Elementary, Kindergarten, to Grade Three, School Assistance Program
STATUTORY AUTHORITY: 20-A M.R.S.A. 260
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 125: Basic School Approval
STATUTORY AUTHORITY: 20-A M.R.S.A., Chapter 206
PURPOSE: Annual review/revision of appropriate sections in accordance with Learning Results.
ANTICIPATED SCHEDULE: June 15, 1999
AFFECTED PARTIES: K-12 Students.

CHAPTER 126: Immunization Requirements for School Children
STATUTORY AUTHORITY: 20-A M.R.S.A. 6352 to 6358
PURPOSE: Annual review/revision of rules regarding immunization of school children.
ANTICIPATED SCHEDULE: March 15, 1999
AFFECTED PARTIES: Local school administrative units and K-12 students.

CHAPTER 127: Instructional Requirements and Graduation Standards
STATUTORY AUTHORITY: 20-A M.R.S.A., Chapter 207-A
PURPOSE: Annual review/revision of appropriate sections in accordance with the Learning Results.
ANTICIPATED SCHEDULE: June 15, 1999
AFFECTED PARTIES: K-12 students.

CHAPTER 131: Learning Results
STATUTORY AUTHORITY: P.L., 1995, Chapter 649; Resolve, 1997 Chapter 51, and 20-A M.R.S.A. 6209 Major Substantive Rule
PURPOSE: Annual review/revision of rules as appropriate for Learning Results/Learning Results, Content Standards and Student Performance Indicators.
ANTICIPATED SCHEDULE: Emergency Rules - November 15, 1998; Provisional Rules to Legislature for Approval - January 15, 1999.
AFFECTED PARTIES: K-12 Students.

CHAPTER 138: Accreditation Standards Process
STATUTORY AUTHORITY: 20-A M.R.S.A. 4511 to 4516
PURPOSE: Annual review/revision of appropriate sections in accordance with Learning Results.
ANTICIPATED SCHEDULE: June 15, 1999
AFFECTED PARTIES: Local school administrative units 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: Amend in accordance with recently codified statute.
ANTICIPATED SCHEDULE: June 15, 1999
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: Annual review/revision of rules governing institutions of higher education to confer academic degrees.
ANTICIPATED SCHEDULE: July 1, 1999
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: Amend definition of schools to be licensed.
ANTICIPATED SCHEDULE: June 15, 1999
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: Annual review/revision of rules governing degree authorization for out-of-state post secondary institutions.
ANTICIPATED SCHEDULE: July 1, 1999
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: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 180: Comprehensive Child Find and Early Intervention FAPE Services
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, 1999
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 following review of the first year of implementation.
ANTICIPATED SCHEDULE: Emergency Rules - November 15, 1998; Provisional Rules to Legislature for Approval - January 15, 1999
AFFECTED PARTIES: CDS Regional Provider Advisory Boards.

CHAPTER 221, 222, 224, 225, 226, 227, 228, 229, 230: Adult Education
STATUTORY AUTHORITY: 20-A M.R.S.A. 8602
PURPOSE: Annual review/revision of adult education rules.
ANTICIPATED SCHEDULE: July 15, 1999
AFFECTED PARTIES: Adult education students.

Chapter 223: General Adult Education
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 315
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 231: Vocational Program Approval Procedure
STATUTORY AUTHORITY: 20-A, M.R.S.A. Chapter 313
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 232: Applied Technology Education
STATUTORY AUTHORITY: 20-A M.R.S.A. 8306-A
PURPOSE: Annual review/revision of applied technology education rules.
ANTICIPATED SCHEDULE: June 30, 1999
AFFECTED PARTIES: Applied technology students.

CHAPTER 236: Program Evaluation Requirements
STATUTORY AUTHORITY: 20-A M.R.S.A. 8306-A
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: Department of Education and Secretary of State.

CHAPTER 237: Live or Outside Work
STATUTORY AUTHORITY: 20-A M.R.S.A., Chapter 313
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 240: Administration of Firefighter Training Facilities Grants
STATUTORY AUTHORITY: 5 M.R.S.A. 1831, 20-A M.R.S.A., Chapter 403 (Repealed)
PURPOSE: Repeal
ANTICIPATED SCHEDULE: November 15, 1998
AFFECTED PARTIES: N/A

CHAPTER 245: Nursing Assistant Training Programs
STATUTORY AUTHORITY: 22 M.R.S.A. 1812-F
PURPOSE: Amend existing rules to comply with 22 M.R.S.A. 1812-F regarding nursing assistant training programs.
ANTICIPATED SCHEDULE: March 1, 1999
AFFECTED PARTIES: Nursing assistant practitioners and training programs.

CHAPTER 301: State Board of Education Members, Removal from Office by Governor
STATUTORY AUTHORITY: 20-A M.R.S.A. 401-1
PURPOSE: Annual review/revision of rules as appropriate.
ANTICIPATED SCHEDULE: June 30, 1999
AFFECTED PARTIES: State Board of Education.

NEW RULE: Maine School Facilities Finance Program and School Revolving Renovation Fund
STATUTORY AUTHORITY: P.L., 1997, Chapter 787 - Major Substantive Rule - Joint Rule making Authority with the Bureau of General Services, the State Board of Education and the Maine Municipal Bond Bank
PURPOSE: Establish rules in accordance with the above listed provisions of P.L., 1997, Chapter 787.
ANTICIPATED SCHEDULE: Emergency Rules September 31, 1998, Provisional Rules to Legislature for Approval - January 15, 1999
AFFECTED PARTIES: School administrative units.

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: Emergency Rules - November 15, 1998; Provisional Rules to Legislature for Adoption - January 15, 1999.
AFFECTED PARTIES: Local school administrative units and students attending the Governor Baxter School for the Deaf.

NEW RULE: Use of Time Out Procedures Used by Local Administrative Units
STATUTORY AUTHORITY: 20-A M.R.S.A. 4502, 5 Paragraph M - Major Substantive Rule
PURPOSE: To implement rules regarding the use of time out procedures used by school administrative units.
ANTICIPATED SCHEDULE: Emergency Rules - November 15, 1998; Provisional Rules to Legislature for Approval - January 15, 1999
AFFECTED PARTIES: Local school administrative unit staff, special needs students, and their parents.

NEW RULE: Procedures for Criminal History Record Checks for Certification of Teachers, Authorization of Educational Technicians and Approval of Semi-professional Personnel and Contracted Personnel
STATUTORY AUTHORITY: 20-A M.R.S.A. 13011, 8 and 6103
PURPOSE: To implement rules for the successful operation of the process of criminal record checks for certification, authorization, and approval for school personnel including finger printing.
ANTICIPATED SCHEDULE: September 30, 1998
AFFECTED PARTIES: Any person applying for certification as a teacher, administrator or education specialist; authorization as an educational technician or approval as a semi-professional or contracted person.

NEW RULE: Definition and Functions of Educational Technicians
STATUTORY AUTHORITY: 20-A M.R.S.A. 13023, 2
PURPOSE: To implement rules to further define the qualifications and functions, preparation and supervision of educational technicians.
ANTICIPATED SCHEDULE: June 15, 1999
AFFECTED PARTIES: Persons applying for authorization and/or employment as an educational technician.

NEW RULE: Local Educational Technician Support Team
STATUTORY AUTHORITY: 20-A M.R.S.A. 13023 5
PURPOSE: To implement rules to describe the procedures for an optional local educational technician support team.
ANTICIPATED SCHEDULE: September 30, 1998
AFFECTED PARTIES: Educational technicians and local educational technicians support team members.

NEW RULE: Purchase of Land not in Conjunction with a School Construction Project
STATUTORY AUTHORITY: 20-A M.R.S.A. 15603
PURPOSE: Establish rules governing the purchase of land in conjunction with a school project.
ANTICIPATED SCHEDULE: June 15, 1999
AFFECTED PARTIES: School Administrative Units and Student Safety.

NEW RULE: Operation of Summer Schools
STATUTORY AUTHORITY: 20-A M.R.S.A. 8801-2
PURPOSE: Establish rules regarding the operation of summer schools.
ANTICIPATED SCHEDULE: April 30, 1999
AFFECTED PARTIES: School administrative units offering summer school programs.

NEW RULE: Certificates and Training Program for Activity Coordinators
STATUTORY AUTHORITY: 26 M.R.S.A. 2165 3
PURPOSE: Establish rules regarding training programs and certification for activity coordinators.
ANTICIPATED SCHEDULE: March 1, 1999
AFFECTED PARTIES: Persons applying for certification as activity coordinators.


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