Regulatory Agenda

The following describes all of the Maine Department of Education's expected rule making activity for fiscal year 2016. This listing is prepared to comply with the Maine Administrative Procedure Act.

Inventory of Maine DOE Rules

AGENCY UMBRELLA-UNIT NUMBER05-071
AGENCY NAME:  Department of Education, Office of the Commissioner
RULE-MAKING LIAISON: Jaci Holmes, Rules Contact, Maine Department of Education, 23 State House Station, Augusta, ME 04333-0023, Telephone: (207) 624-6669

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA

Chapter 125: Basic Approval Standards: Public Schools and School Administrative Units
A JOINT RULE WITH THE MAINE STATE BOARD OF EDUCATION  
Pursuant to Public Law 2015, Chapter 60, rule was Routine Technical Emergency amended to address acceptable methods of rescheduling school days canceled due to weather or emergency closures.

Chapter 180: Performance Evaluation and Professional Growth Systems
Pursuant to Public Law 2015, Chapter 3, rule amended as a Routine Technical Emergency Rule in order to be in compliance with the federal Elementary and Secondary Education Act of 1965.

CONSENSUS-BASED RULE DEVELOPMENT

None

EXPECTED 2015-2016 RULE-MAKING ACTIVITY

CHAPTER 004: Equal Educational Opportunity
A JOINT RULE WITH THE MAINE HUMAN RIGHTS COMMISSION 94-348
STATUTORY AUTHORITY: 5, M.R.S.A. §§ 4566(7), 4603
PURPOSE: Review / revise rules which govern claims of unlawful educational discrimination filed with the Maine Human Rights Commission to conform with changes in the Maine Human Rights Act  and Commission rules.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local school administrative units and private schools, students, teachers, administrators, and all parties appearing before the Maine Human Rights Commission.

CHAPTER 004-A:  Procedural Rule:  Equal Educational Opportunity
A JOINT RULE WITH THE MAINE HUMAN RIGHTS COMMISSION 94-348
STATUTORY AUTHORITY:  5, M.R.S.A. §§ 4566(7), 4603
PURPOSE: Review / revise rules which govern claims of unlawful educational discrimination filed with the Maine Human Rights Commission to conform with changes in the Maine Human Rights Act  and Commission rules.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local school administrative units and private schools, students, teachers, administrators, and all parties appearing before the Maine Human Rights Commission.

CHAPTER 013: Qualifying Examinations for Teachers, Educational Specialists and Administrators
STATUTORY AUTHORITY: 20-A, M.R.S.A. §13038
PURPOSE: Review/Revise rules regarding the qualifying examination test codes and/or required scores for educators.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: School personnel seeking certification under the qualifying exam.

CHAPTER 014: Regulations Regarding School Board Policies on Exceptions to the General Residency Rules, and Education of Homeless Students; Education Access for Homeless Students
STATUTORY AUTHORITY: 20-A, M.R.S.A. §§261 and 5205(7)
PURPOSE: Review/Revise rules to ensure consistency with federal law and regulations.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local school administrative units, homeless students and their families.

CHAPTER 021: Secular Textbooks and Services to Private School Pupils - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A. §15613(4)
PURPOSE: Repeal rules governing reimbursement of school administrative units for the cost of providing secular text books and services to private school pupils, since statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local school administrative units and private schools.

CHAPTER 023:  Collection of Staff Information
STATUTORY AUTHORITY: 20, M.R.S.A., §§255, 6101,6151,6152,13003,13004,13023,13024
PURPOSE: Review/Revise rules regarding collection of staff information.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local school administrative units and school personnel.

CHAPTER 025: Administration of Special Education Adjustments; Definition of Budgetary Hardship - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A. §15612
PURPOSE: Repeal rules regarding special education adjustment for budgetary hardship under prior school funding laws, since statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 026: Rules Relating to School Closings
STATUTORY AUTHORITY: 20-A, M.R.S.A. §1511-1512
PURPOSE: Review/Revise rules regarding school closing issues since statutory provisions have been repealed
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local school administrative units.

CHAPTER 027: Rules for Determining Geographic Isolation Status - REPEAL
STATUTORY AUTHORITY:  20-A, M.R.S.A. §15612, sub-section 2
PURPOSE: Repeal rules governing the determination of geographic isolation and the subsidy adjustment for certain school administrative units under prior school funding laws, since statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES:  Local school administrative units and students.

Chapter 040: Rule for Medication Administration in Maine Schools - Major Substantive Rule
STATUTORY AUTHORITY:  20-A, M.R.S.A. §254(5)(A-C); Public Law 2013, chapter 526,
PURPOSE: Review/Revise rules, in consultation with the Department of Health and Human Services, to include guidelines and emergency administration for epinephrine autoinjectors.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by January 8, 2016.   
AFFECTED PARTIES: Local school administrative units, school nurses and students.

CHAPTER 045:  Rule for Health Screening in Maine Schools
STATUTORY AUTHORITY: 20-A, M.R.S.A. §6451, §6455, sub-section 5
PURPOSE: Revise  rules regarding health screening in public preschools .
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local school administrative units, approved private schools, school nurses and students.

CHAPTER 052: School Nutrition Program Eligibility Verification Program - REPEAL
STATUTORY AUTHORITY:  20-A, M.R.S.A. §6602(5)
PURPOSE: Repeal rules governing school nutrition program eligibility, since the authority for verification now occurs at the local school administrative unit level.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local school administrative units, approved private schools and students.

CHAPTER 058: Child Nutrition Programs in Child Care Centers and Recreational Centers and Camps - REPEAL
STATUTORY AUTHORITY:  20-A, M.R.S.A. §6602(5)
PURPOSE: Repeal rules governing child nutrition programs in child care centers, recreation centers, and camps since the program is now operated by the Department of Health and Human Services under their rules.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Children in child care centers, recreation centers, and camps.

CHAPTER 060:  New School Siting Approval—Major Substantive Rule
STATUTORY AUTHORITY:  P.L. 1999 Chapter 776 §21 (Unallocated Language)
PURPOSE: Review/revise rules governing regarding the siting of all new school construction projects that receive State funding.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by January 9, 2016.   
AFFECTED PARTIES: Local school administrative units who seek site approval for a new school construction project that receives State funding.

CHAPTER 061:   Rules for Major Capital School Construction Projects – Major Substantive Rule
STATUTORY AUTHORITY:  20-A, M.R.S.A. §§15905(4)
PURPOSE: Review/Revise rules governing major capital school construction projects to eliminate redundancy with Rule Chapter 60: New School Siting Approval and to update the rule to conform to current practices.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by January 9, 2016.   
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 064:  Maine School Facilities Program and School Revolving Renovation Fund - Major Substantive Rule 
A JOINT RULE WITH THE MAINE MUNICIPAL BOND BANK 94-376
STATUTORY AUTHORITY: 20-A, M.R.S.A. §§1, 4001, 5804, 5805, 15603, 15907, 15918;
30-A, M.R.S.A.  §§5953-E, 6006-E, 6006-F, 6014; Resolve 2007, Chapter 174; Public Law 2013, Chapter 506
PURPOSE: Review/Revise rules to remove provisions related to the school facilities maintenance template and software due to the statutory changes enacted through LD 1805 (Public Law 2013 Chapter 506.)
ANTICIPATED SCHEDULE: Pursuant to Public Law 2013, chapter 506, section 19, these changes will be made in a routine technical rulemaking process. Intended for final adoption by January 8, 2016.
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 081: Uniform School Bus Standards for Pupil Transportation in Maine
STATUTORY AUTHORITY:  29-A, M.R.S.A. subsection 2311
PURPOSE: Repeal/Replace rule governing requirements for Maine school bus regulations, school
bus purchase approval, school bus construction standards/specifications, body types, and school
bus driver physical examination since these standards are outdated. 
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local school administrative units, bus vendors and students.

CHAPTER 101:  Maine Unified Special Education Regulation – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A., §7005 (1); Resolve 2013, chapter 70
PURPOSE: Revise rule to clarify the procedure for determining a specific learning disability and to correct consultation as specially designed instruction.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by January 8, 2016.
AFFECTED PARTIES: Special education programs and services for eligible infants, toddlers, and children from birth through age 20, school administrative units, and private schools.    

CHAPTER 114: Purpose, Standards and Procedures for the Review and Approval of Preparation Programs for Education Personnel
STATUTORY AUTHORITY: 20-A, M.R.S.A. Sections 8, 402(4), 405(3)(F) and 406
PURPOSE: Review/Revise rules regarding teacher education program approval.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Educational personnel preparation programs, educational personnel
in training.

CHAPTER 115: Certification, Authorization and Approval of Education Personnel - Major Substantive Rule
STATUTORY AUTHORITY:  20-A, M.R.S.A., Chapter 502
PURPOSE:  Review/Revise rules regarding the certification of educational personnel Part I:  Standards and Procedures for Certification, Authorization, and Approval and  Part II:  Requirements for Specific Certificates and Endorsements as needed, to reflect statutory changes.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by January 8, 2016.
AFFECTED PARTIES: Educational Personnel seeking certification, authorization and approval or re-certification, re-authorization, and re-approval.

CHAPTER 118:  Purposes, Standards and Procedures for Educational Personnel Support Systems
STATUTORY AUTHORITY:  20-A M.R.S.A. §§13011(l), 13015(3)
PURPOSE: Review/Revise rules governing the procedural prerequisites to an approved support system and standards for operation of the system and support of teachers and educational personnel.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Certified, authorized, and approved educational personnel.

CHAPTER 120:  Innovative Education Grants - REPEAL
STATUTORY AUTHORITY:  20-A, M.R.S.A. §§17101-17104
PURPOSE: Repeal rules governing Innovative Education grants since the grant has not been funded for several years and the statutory provisions have been repealed.
ANTICIPATED SCHEDULE:  By June 1, 2016
AFFECTED PARTIES:  None.

CHAPTER 125:  Basic Approval Standards:  Public Schools and School Administrative Units
A JOINT RULE WITH THE MAINE STATE BOARD OF EDUCATION
STATUTORY AUTHORITY:  20-A, M.R.S.A., Chapter 206, Resolve 2015, Chapter 2
PURPOSE: Review/Revise rule that establishes school approval standards governing school administrative units and public schools of the State to reflect changes in State law.  Specific to Resolve 2015, Chapter 2, include lockdown drills with emergency evacuation drills in the established number of required drills to be performed. 
ANTICIPATED SCHEDULE: Pursuant to Resolve 2015, Chapter 2, these changes will be made in a routine technical rulemaking process. By June 1, 2016
AFFECTED PARTIES:  All local school administrative units and students.

CHAPTER 127:  Instructional Program, Assessment and Diploma Requirements – Major Substantive Rule  
STATUTORY AUTHORITY:  20-A, M.R.S.A., Chapter 207-A and Chapter 222; PL 2011, Chapter 669; 20-A M.R.S.A. §253(9); Resolve 2013, Chapter 38
PURPOSE: Review/Revise the rule that prescribes the basic instructional and assessment requirements to reflect changes in State law, including but not limited to the awarding of a proficiency-based high school diploma.
ANTICIPATED SCHEULE: Provisionally adopted and filed with the Legislature by January 8, 2016.
AFFECTED PARTIES: All local school administrative units and students. 

CHAPTER 132: Learning Results: Parameters for Essential Instruction – Major Substantive Rule
STATUTORY AUTHORITY:  20-A, M.R.S.A. §6211       
PURPOSE: Review/Revise the rule to incorporate revised English Language Arts, Mathematics and Science Standards into the state standards.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by January 8, 2016.
AFFECTED PARTIES: Local school administrative units and students.

CHAPTER 221:  Adult Education Administrative Cost Reimbursement
STATUTORY AUTHORITY: 20, M.R.S.A. Chapter 308-A, §§2386, 2390, 20-A, M.R.S.A. §8602
PURPOSE: Review/Revise rule to reflect changes in state statute.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local adult education programs and students.

CHAPTER 225: Adult Education High School Completion Programs
STATUTORY AUTHORITY:  20-A, M.R.S.A.  §§257, 8602
PURPOSE: Review/Review rule to reflect changes in state statute and federal guidelines.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local adult education programs and students.

CHAPTER 229:  Adult Education Fees
STATUTORY AUTHORITY:  20, M.R.S.A. Chapter 308, Section 2388, 20-A, M.S.R.A.  §§8601-8609
PURPOSE: Review/Review rule to reflect changes in state statute.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local adult education programs and students.

CHAPTER 230: Adult Education Program Requirements
STATUT.ORY AUTHORITY: 20, M.R.S.A. Chapter 230, Section 2384, Subpart 1
20-A, M.R.S.A. §§8601-8609
PURPOSE: Review/Review rule to reflect changes in state statute.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local adult education programs and students.

CHAPTER 231: Vocational Program and Funding Procedure
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 313, §8306-B; PL 2011, Chapter 679
PURPOSE: Repeal and replace the rule to change the title to reflect Career and Technical Education Programs and to update the rule with regard to career and technical education program approval and funding based on national industry standards and assessments. 
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: All school administrative units and students.

CHAPTER 232:  Standard Criteria for Maine Secondary Vocational Programs
STATUTORY AUTHORITY: 20-A, M.R.S.A. §8306-B; PL 2011, Chapter 679
PURPOSE: Repeal and replace the rule to change the title to reflect Career and Technical Education Programs and to update the rule with regard to career and technical education program(s) and courses based on national industry standards and assessments
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: All school administrative units and students.

CHAPTER 236: Program (Vocational Education) Evaluation Requirements
STATUTORY AUTHORITY: 32, M.R.S.A. §8306-B; PL 2011, Chapter 679
PURPOSE: Repeal and replace the rule to change the title to reflect Career and Technical Education Programs and to update the rule with regard to program evaluation requirements for Career and Technical Education programs based on national industry standards and assessments. 
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: All school administrative units and students.

CHAPTER 237: "Live or Outside Work"
STATUTORY AUTHORITY:  20-A, M.R.S.A. §8306-B; PL 2011, Chapter 679
PURPOSE: Repeal and replace the rule to change the title to reflect Career and Technical Education Programs and to update the rule with regard to requirements for Career and Technical Education Live or Outside Work Programs based on national industry standards and assessments. 
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: All school administrative units and students.

CHAPTER 245: Standards for Education Programming for Certified Nursing Assistants - REPEAL
STATUTORY AUTHORITY:  32, M.R.S.A. §2104(4)(C); PL 2009, Chapter 628
PURPOSE: Repeal the Department of Education rule that authorizes the department to establish a minimum standard for training in programs that prepare Certified Nursing Assistants, since statutory authority has been transferred to the Department of Health and Human Services.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Certified Nursing Assistants and Certified Nursing Assistants training institutions.

NEW RULES

NEW RULE: Retention and Graduation Rates for Maine’s Colleges and Universities
STATUTORY AUTHORITY:  PL 2011, Chapter 232; 20-A, M.R.S.A., §10011
PURPOSE: May develop any necessary rules to carry out the provisions of statute.   
ANTICIPATED SCHEDULE: As necessary
AFFECTED PARTIES: Department of Education and Maine’s colleges and universities.

NEW RULE: Rule Governing the Child Development Services State Intermediate Educational Unit’s Contracting for Evaluations, Early Intervention Services, and Special Education and Related Services
STATUTORY AUTHORITY:   PL 2011, Chapter.616: An Act to Implement the Recommendations of the Office of Program Evaluation and Government Accountability and the Government Oversight Committee Regarding Quasi-independent State Entities
PURPOSE:  Develop rules to implement the process whereby the Child Development Services State Intermediate Educational Unit establishes a roster of independent contractors for the provision of evaluation and services for children ages 0-5 and ensures the provision of services in accordance
with the contracts developed with independent contractors selected from the roster. (Rules required
to implement PL 2011)
ANTICIPATED SCHEDULE: June 1, 2016
AFFECTED PARTIES: Providers in private practice.  For example:  speech language pathologists, physical therapists, occupational therapists, psychologists, private special purpose pre-school programs, etc.

NEW RULE: Cardiopulmonary Resuscitation and Automated External Defibrillator Training
STATUTORY AUTHORITY:  PL 2015, Chapter 140
PURPOSE: Develop rules regarding standards that school administrative units use to offer training to students on how to perform cardiopulmonary resuscitation and use automated external defibrillators
ANTICIPATED SCHEDULE:  By June 1, 2016
AFFECTED PARTIES:  Local school administrative units and students.

NEW RULE: School Bus Safety and Security
STATUTORY AUTHORITY:  20-A, M.R.S.A.  §5401(17), 29-A, M.R.S.A.  §2303(1.C and 4), §2304(1.E), and §2311
PURPOSE:  Develop updated rules governing school bus safety and security provisions.
ANTICIPATED SCHEDULE:  By June 1, 2016
AFFECTED PARTIES:  Local school administrative units and students.

NEW RULE: School Bus Purchase Program
STATUTORY AUTHORITY:  20-A, M.R.S.A.  §5401(17) §5402, §15681-A, and §15689-A,
29-A, M.R.S.A.  §2311
PURPOSE:  Develop updated rules governing requirements for school bus purchase approval.
ANTICIPATED SCHEDULE: By June 1, 2016
AFFECTED PARTIES: Local school administrative units and students.

NEW RULE:  School Bus Operator Requirements
STATUTORY AUTHORITY:  20-A, M.R.S.A.  §5401(17), 29-A, M.R.S.A.  §2303 and §2311
PURPOSE:  Develop updated rules governing school bus driver requirements.
ANTICIPATED SCHEDULE:  By June 1, 2016
AFFECTED PARTIES:  Local school administrative units, students, medical examiners and school
bus drivers.