Proposed Rules and the Rulemaking Process

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 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.

 

Proposed Rules and Rule Changes

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:  Major Substantive
• DOE Notice: November 2, 2023
• Public Hearing:  November 21, 2023
• Comment Deadline: December 1, 2023 
  • Link to Comment: Public Comment Form for Chapter 61
• Proposed Language of the Rule: Chapter 61 Proposed Language

Chapter 41

• Rule Title: Offering Instruction Related to Cardiopulmonary Resuscitation and the Use of an Automated External Defibrillator in Maine Public Schools
• Filing Agency: This is a rule of the Maine Department of Education
• Action:  Proposed Rulemaking
• Note:  Targeted Rulemaking
• DOE Notice: October 19, 2023
• Public Hearing:  November 17, 2023
• Comment Deadline:  November 27, 2023
  • Link to Comment: Public Comment Form for Chapter 41
• Proposed Language of the Rule: Chapter 41 Proposed Language

Chapter 64

• Rule Title: Maine School Facilities Program and School Revolving Renovation Fund
• Filing Agency: This is a joint rule of the Maine Department of Education and the Maine Municipal Bond Bank
• Action:  Proposed Rulemaking
• Note:  Targeted Rulemaking
• DOE Notice: October 19, 2023
• Public Hearing:  November 17, 2023
• Comment Deadline:  November 27, 2023
  • Link to Comment: Public Comment Form for Chapter 64
• Proposed Language of the Rule: Chapter 64 Proposed Language

Chapter 101

• Rule Title:  Maine Unified Special Education Rule
• Filing Agency: This is a rule of the Maine Department of Education
• Action:  Proposed Rulemaking
• Note:  Targeted Rulemaking in accordance with Public Law, Chapter 450
• DOE Notice: October 19, 2023
• Public Hearing:  November 17, 2023
• Comment Deadline:  November 27, 2023
  • Link to Comment: Public Comment Form for Chapter 101
• Proposed Language of the Rule: Chapter 101 Targeted Change Proposed 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 Social Studies and Science, Technology and Engineering Standards
• DOE Notice: October 12, 2023
• Public Hearing:  October 30, 2023
• Comment Deadline:  November 14, 2023
• Proposed Language of the Rule: Social Studies Standards; Science, Technology, and Engineering Standards

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
• Notice: February 4, 2022
• Comment Period: Closed
• Effective Date of Rule:  August 6, 2023
• Final Adoption of Rule Chapter 33 (correction of word processing error): Chapter 33 Language

Chapter 101 - Emergency

• Rule Title:  Maine Unified Special Education Regulation Birth to Age 20
• Filing Agency: This is a rule of the Maine Department of Education
• Action:  Proposed Emergency Rulemaking - Only Section XVIII 3(C)
• Notice:  Priority Notice June 9, 2023
• Fact Sheet: Fact Sheet   
• Proposed Language of Rule: Proposed Emergency Chapter 101 Language
• Effective Date of Rule:  July 7, 2023

• Final Adoption of Rule Chapter 101: Chapter 101 Language 

Chapter 117

• Rule Title: Rules Regarding the Duties of School Counselors and School Social Workers
• Filing Agency: This is a rule of the Maine Department of Education
• Notice: Chapter 117 Priority Notice October 6, 2022
• Provisional Adoption Language of the Rule:  Chapter 117 Provisional Language

 

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.

How to Get Involved:

As the Maine Department of Education weighs proposed rule changes, there are numerous points in the process where stakeholder and public comment are solicited. This graphic provides an overview of the Rulemaking Process and highlights points for public input.

 

A PDF of Maine DOE’s rulemaking process infographic is available here.