Special Education Laws & Regulations

  • Every Student Succeeds Act (ESSA) - ESSA requires that all teachers of students with disabilities be fully certified.
  • Individuals with Disabilities Education Act (IDEA) - IDEA is the federal law governing grants to states to ensure that children with disabilities (age birth to 20) are identified for timely evaluation and if eligible, provided appropriate services in the least restrictive setting.
  • Federal Implementing Regulations. These federal regulations set forth additional requirements that states must follow in implementing IDEA by means of state plans upon which grant approval is based.
    • 34 CFR Part 300. Assistance to States for the Education of Children with Disabilities
    • 34 CFR Part 303. Early Intervention Program for Infants and Toddlers with Disabilities
  • Family Education Rights and Privacy Act (FERPA). These federal regulations set forth the requirements that states must follow in protecting the confidentiality of education records.
  • State Law. In Maine, laws that are specific to the education of children with disabilities are set forth in three chapters of 20-A MRSA (Maine Revised Statutes Annotated).
    • Chapter 301. General Provisions
    • Chapter 303. Children with Disabilities
    • Chapter 304. Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf
  • State Regulation: Chapter 101/MUSER. (PDF, 755KB) Rule chapter that is specific to the education of children with disabilities in Maine Department of Education Regulations, Chapter 101, Maine Unified Special Education Regulation Birth to Age Twenty (MUSER).
  • ADA Accessibility Guidelines for Facilities and Buildings (ADAAG). These federal guidelines provide scoping and technical requirements for accessibility to buildings and facilities by individuals with disabilities under the Americans with Disabilities Act of 1990.
  • Assistive Technology (AT). Maine CITE is the state's Assistive Technology program providing AT Demo, AT Loan, and AT Reuse services; AT Training webinar events; information on AT resources, providers and Maine CITE also supports an online AT inventory for educators, therapists, students and families to access more than a thousand AT devices available for demo and loan in Maine. Visit  https://at4maine.org/ to learn more about the AT inventory.
  • Accessible Educational / Instructional Materials (AEM/AIM). Maine AEM Program supports Maine schools to ensure all of their educational materials, information and communications are accessible to all, and that all students with print disabilities, who need their educational materials in alternate formats, get these materials in a timely manner. Services include information/referral, training and technical assistance. Visit https://maine-aim.org/ for more information.