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New Rulemaking for Chapter 61: Rules for Major Capital School Construction Projects As a Result of Legislation

INFORMATIONAL LETTER NUMBER: 104
POLICY CODE: CHA

TO: Superintendents of Schools
FROM: Susan A. Gendron, Commissioner
DATE: May 14, 2008
SUBJECT: New Rulemaking for Chapter 61: Rules for Major Capital School Construction Projects As a Result of Legislation

During the recent Legislative session a resolve was passed requiring the State Board of Education to adopt major and substantive rules on an emergency basis to amend Me. Dept. of Ed. Reg., Chapter 61: State Board of Education Rules for Major Capital School Construction Projects to ensure that an innovative model as recommended pursuant to Section 1 of the Resolve can be implemented as soon as funds are made available. The emergency rules must be based on the criteria established in Sections 1 and 2 of the resolve reflected below:

“Sec. 1. Model of consolidated and integrated secondary and postsecondary education. Resolved: That the Department of Education shall recommend to the State Board of Education an innovative model of consolidated and integrated secondary and postsecondary education that includes facilities for:

  1. A regional high school;
  2. A fully integrated career and technical high school;
  3. A higher education center that will provide courses and degrees from both the University of Maine System and the Maine Community College System; and
  4. Centers of excellence that will provide industry-specific training; and be it further

Sec. 2. Criteria. Resolved: That the model selected pursuant to section 1 must:

  1. Promote the development of a "one campus" design, where all facilities are located on one site, providing a streamlined and integrated learning experience for students of all ages;
  2. Integrate and consolidate administrative responsibilities on the campus wherever possible, thereby reducing costs for overhead and shared functions;
  3. Be located in a region with high schools whose consolidation would benefit future generations of students and provide reduced costs to the communities involved;
  4. Have an advisory body that is integrated with the local economy, including the community involvement of students, citizens, business leaders, teachers, parents and organizations to promote both employment opportunities for students and citizens and a skilled workforce optimal for economic development; and
  5. Serve as an example for other school districts and areas of the State.”

The State Board of Education is also required to file provisionally adopted rules by December 31, 2008 to amend Chapter 61 to ensure that an innovative model can be implemented as soon as funds are made available.

Therefore, the State Board is beginning the process of refining the Chapter 61 rule to include language regarding an innovative model. The State Board has scheduled four meetings to complete the draft [May 12, 19, 27 and June 9, 2008]. The State Board anticipates that the refined regulation will be filed in late July with public notice and hearing in August, comments to be submitted by early September , Board review in September and both emergency adoption and provisional adoption completed by the end of September.

The State Board wants school administrative units to be aware of the expedited process for this rulemaking and the concepts to be incorporated so that SAUs who are contemplating major capital school construction projects can consider the inclusion of these new concepts in their proposals, if appropriate.