Proposed Rules & Rule Changes

The Maine Department of Education (DOE) is charged with adopting education rules to implement laws passed by the Maine Legislature. There are two types of rules – routine technical and major substantive. The Maine DOE sends all provisionally adopted rules to the Legislature for final adoption.

The Maine DOE’s rulemaking process infographic is available here.

The Maine DOE adopts all rules in accordance with the Maine Administrative Procedure Act (APA), 5 MRSA chapter 375, subchapters 2 and 2-A.  APA requires public and legislative notice of rulemaking and the submission of all major substantive rules to the Legislature for review and approval. All proposed Maine DOE and State Board of Education rule chapters are included below and have been filed with the Secretary of State’s Office.

For general questions, please email Maine DOE’s rulemaking liaison, Laura Cyr at laura.cyr@maine.gov. Specific Maine DOE staff members will be noted below for each proposed rule. Comments may be emailed with an electronic Word document attached.

    Chapter 33

    • Rule Title:  Rule Governing Physical Restraint and Seclusion 
    • Filing Agency: This is a rule of the Maine Department of Education
    • Action:  Proposed Rulemaking
    • Note:  Targeted Rulemaking
    • Notice:  October 27, 2021
    • Public Hearing:  November 22, 2021
    • Comment Deadline:  December 3, 2021
    • Notice: February 4, 2022
    • Comment Period New for only Targeted Language Definitions Refined:  February 3 - March 4, 2022
    • NOTE:   Chapter 33 went through a second round of comments last winter. Therefore, it was provisionally adopted later in the 130th Second Regular Legislative Session. It was not processed by Legislative Council. The Attorney General’s Office has authorized the re-submission of the Provisional Adoption to Legislative Council for the 131st First Regular Legislative Session and was re-submitted on January 3, 2023.
    • Provisional Adoption Language of the Rule: Chapter 33 Provisional Language

    Chapter 40

    • Rule Title:  Rule for Medication Administration in Maine Schools 
    • Filing Agency: This is a rule of the Maine Department of Education
    • Action:  Proposed Rulemaking
    • Notice:  October 27, 2021
    • Public Hearing:  November 22, 2021
    • Effective Date of Rule:  May 12, 2022
    • Final Adoption of Rule:  Chapter 40 Language
    • Summary of Comments and Responses (PDF format) Summary of Comments and Responses Chapter 40

      Chapter 60

      • Rule Title:  New School Siting Approval
      • Filing Agency: This is a rule of the State Board of Education
      • Action:  Proposed Rulemaking
      • Note:  Targeted Rulemaking for only the Provisions on the Fact Sheet
      • Effective Date of Rule:  June 10, 2022
      • Final Adoption of Rule: Chapter 60 Language

      Chapter 61

      • Rule Title:  State Board of Education Rules for Major Capital School Construction Projects
      • Filing Agency: This is a rule of the State Board of Education
      • Action:  Proposed Rulemaking
      • Note:  Targeted Rulemaking for only the Provisions on the Fact Sheet  
      • Effective Date of Rule:  June 10, 2022 
      • Final Adoption of Rule:  Chapter 61 Language

       

          Chapter 115

          Chapter 117

          Chapter 125

          • Rule Title: Basic School Approval Standards: Public Schools and School Administrative Units
          • Filing Agency: This is a joint rule of the Maine Department of Education and the State Board of Education
          • Action: Proposed Rulemaking
          • Note:  Targeted Rulemaking for only the Provisions on the Fact Sheet  
          • Effective Date of Rule:  June 10, 2022
          • Final Adoption of Rule:  Chapter 125 Language

          Chapter 132

          • Rule Title:  Learning Results:  Parameters for Essential Instruction
          • Filing Agency: This is a rule of the Maine Department of Education
          • Action:  Proposed Rulemaking
          • Note: Only on sections for Health Education, Physical Education, World Languages, and Visual and Performing Arts 
          • Notice: October 27, 2021
          • Public Hearing:  November 22, 2021
          • Effective Date of Rule:  May 12, 2022
          • Final Adoption with all sections of Rule in one document:  Chapter 132 Language
          • Summary of Comments and Responses (PDF format) Summary of Comments and Responses Chapter 132 Sections 

          View all Maine DOE rule chapters on the Secretary of State's website.

          Regulatory Agenda

          The Regulatory Agenda describes all of the Maine Department of Education's possible rulemaking activity for the time period of August 2022 - July 2023.  This listing of the Regulatory Agenda is prepared to comply with the Maine Administrative Procedures Act.  An Amended Regulatory Agenda was filed on October 4, 2022 

           

          CONTACT

          Courtney Belolan
          Director of Policy and Government Affairs
          Phone: 207-215-7396
          Emailcourtney.belolan@maine.gov


          Laura Cyr
          Legislative and Constituent Services Specialist
          Phone: 207-446-8791
          Emaillaura.cyr@maine.gov