Emergency Amendments to Maine Unified Special Education Regulation Birth To Age Twenty

INFORMATIONAL LETTER: 113
POLICY CODE: BGB

To: Superintendents of Schools, Special Education Directors, CDS Regional Board Chairs, CDS Regional Site Directors
From: Susan A. Gendron, Commissioner
Date: June 25, 2009
Subject: Emergency Amendments to Maine Unified Special Education Regulation Birth To Age Twenty

The Maine Unified Special Education Regulation Birth to Age Twenty is being amended as an emergency regulation pursuant to L.D. 489, now P.L. 2009, Chapter 113. This emergency rulemaking makes three different sets of changes to the Maine Unified Special Education Regulation Birth to Age Twenty: 1) pursuant to state legislative action – extended school year and evaluation provisions are being modified; 2) pursuant to the U.S. Department of Education, Office of Special Education Programs - with regard to the Part C (0-2) Program, specific federal language has been added for: comprehensive, multidisciplinary, interagency system; definition of homeless child; implementation of child find for child identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal exposure; transition at age three; early intervention services based upon scientifically based research; assistive technology; and qualified personnel; and 3) pursuant to U.S. Department of Education final regulations for Part B(3-20) - a new definition component for parental consent has been added which needs to be in the procedural safeguards.

The changes for the Part C program are required for the Part C application. The required changes to the Procedural Safeguards following final Part B federal regulations effective December 31, 2008 had been addressed in Administrative Letter #36, until such time as Chapter 101 went through the APA process. The Commissioner finds that adoption of the required federal language is necessary on an emergency basis in order to avoid an immediate threat to the general welfare – the loss of federal funds used to provide services to children with disabilities across the State.

The specific changes are as follows:

Changes due to LD 489, now P.L. 2009, Chapter 113:

p.38 V.1(A)(3)(a)(i) added after “To determine whether a child is a child with a disability” “within 60 calendar days of receiving parental consent for the evaluation for Child Development Services and”; [after “within 45 school days of receiving parental consent for the evaluation”] added “for children 5-20 years of age.”

p.109 X.2(A)(7)(c) added “,if applicable,” to the sentence that begins “Consideration of the impact of the previous service interruption”, and added a new sentence: “The Individualized Education Program Team makes a determination about extended school year services at every Individualized Program Team meeting.”

Required language by the U.S. Department of Education, Office of Special Education Programs for the Part C application:

p.2 – I. Policy and Purpose, 1. Introduction and Commitment - added a new second paragraph: “Maine’s Part C system implementsacomprehensive, coordinated, multidisciplinary, interagency system providing early intervention services for infants and toddlers and their families.”

p.7 – II – added new #14, Definition of Homeless Child.

p.17 – IV.1(A) - added language regarding implementation of state policies and procedures for child who is identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.

p. 56 – VI(2)( C )(i) IEP Team Meetings Transition Services added some specific federal phrases about transition to Part B services.

p. 97 – X. Early Intervention/Special Education Services and Settings at #1 added that early intervention services must be based on scientifically based research.

p. 115 – XI. Early Intervention Services for Young Children B-2 and Related Services for Children Three to Twenty - added to the first paragraph that early intervention services must be based on scientifically based research.

p. 123 – Added to assistive technology, under the early intervention services column, “ the term does not include a medical device that is surgically implanted, or the replacement of such device.”

p. 187 – XVIII(1)( C ) added the following sentence to qualified personnel: “The personnel providing early intervention services must meet qualifications that are consistent with any state-approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which such personnel are providing early intervention services.”

Required changes to the Procedural Safeguards following final Part B federal regulations effective December 31, 2008 [Had been addressed in Administrative Letter #36, until such time as Chapter 101 went through the APA process]:

p.5 – II - Definition of “Consent” has been amended to include a new regulatory provision.

p. 40 – V.1(A)(4)(b)(iii) - added new federal regulatory language about revocation of consent.

p. 205 – Parental Consent – added the new 34 CFR §300.300(b)(3) language.

The regulations are located on www.maine.gov/education/ruleslegislationlist.htm and the direct links to the documents are:

www.maine.gov/education/legis/071c101emergency.pdf

www.maine.gov/education/legis/071c101newproposed.pdf

The emergency regulation became effective on June 22, 2009 upon filing with the Secretary of State.