Maine Administrative Procedure Act
2011 Regulatory Agenda
October, 7 2011
AGENCY UMBRELLA-UNIT NUMBER: 05-071
AGENCY NAME: Department of Education, Office of the Commissioner
CONTACT PERSON: Greg Scott, Rules Contact, 23 State House Station, Augusta, Maine 04333-0023, Telephone: (207) 624-6614
EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:
None from July 10, 2010 thru October 7, 2011
EXPECTED 2011-2012 RULE-MAKING ACTIVITY:
CHAPTER 004: Equal Educational Opportunity / CHAPTER 004-A: Procedural Rule:
Equal Educational Opportunity A JOINT RULE WITH 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 the Commission’s rules.
ANTICIPATED SCHEDULE: By July 10, 2012
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 for teachers. ANTICIPATED SCHEDULE: By December 30, 2011
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 MRSA §§261 and 5205(7)
PURPOSE: Review/Revise rules to clarify process and to ensure consistency with federal law and regulations
ANTICIPATED SCHEDULE: By July 1, 2012
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), and 30-A, M.R.S.A., §5724, sub-§5-9
PURPOSE: Repeal rules governing the mechanism for providing secular text books and services for private school pupils since statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By May 4, 2012
AFFECTED PARTIES: Local school administrative units and private schools.
CHAPTER 023: Collection of Staff Information - REPEAL
STATUTORY AUTHORITY: 20, M.R.S.A., §§104, 967, 1753
PURPOSE: Repeal rules regarding collection of staff information since statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By May 4, 2012
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 since statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By May 4, 2012
AFFECTED PARTIES: Local school administrative units and students.
CHAPTER 026: Reorganization of School Administrative Districts
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 103-A, §1454
PURPOSE: Review/Revise rules to change the title of the rule and to reflect statutory provisions regarding the closing of an elementary school and to accommodate the reorganization of school administrative units into regional, state-approved units of school administration.
ANTICIPATED SCHEDULE: By July 10, 2012
AFFECTED PARTIES: Local school administrative units and students.
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 school administrative units that operate one or more geographically isolated schools since statutory provisions have been repealed.
ANTICIPATED SCHEDULE: By May 4, 2012
AFFECTED PARTIES: Local school administrative units and students.
CHAPTER 033: Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools - Major Substantive Rule
STATUTORY AUTHORITY: PL 1997, Chapter 428, Section 4, Unallocated Language, 20-A, M.R.S.A., §§4502(5)(M)
PURPOSE: Review/Revise rules regarding the use of timeout rooms, therapeutic restraints and aversives in public and approved private schools
Engaging in consensus-based rulemaking
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by December 30, 2011
AFFECTED PARTIES: Local school administrative units and students.
CHAPTER 040: Rule For Medication Administration in Maine Schools
STATUTORY AUTHORITY: 20-A, M.R.S.A., §254(5)(A-C)
PURPOSE: Review/Revise rules to more clearly define educational enhancement opportunities regarding medication administration.
ANTICIPATED SCHEDULE: By June 15, 2012
AFFECTED PARTIES: Local school administrative units and students.
CHAPTER 051: Child Nutrition Programs in Public Schools and Institutions
STATUTORY AUTHORITY: 20-A, M.R.S.A., §6602(5)
PURPOSE: Review/Revise rules regarding the National School Lunch Program, the School Breakfast Program and the School Milk Program pending the issuance of federal guidelines or regulations.
ANTICIPATED SCHEDULE: By July 31, 2012
AFFECTED PARTIES: Families and children participating in the school lunch program, school breakfast program or school milk program.
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 verification now occurs at the local school administrative unit level.
ANTICIPATED SCHEDULE: By June 15, 2012
AFFECTED PARTIES: Local school administrative units 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 15, 2012
AFFECTED PARTIES: Children in child care centers, recreation centers, and camps.
CHAPTER 061: Rules for Major Capital School Construction Projects – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A. §15905 and §15603
PURPOSE: Review/Revise rules governing major capital school construction projects.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by December 30, 2011
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., §15918, §4001(7), and 30-A, M.R.S.A., §5953-E, §6006-E and §6006-F
PURPOSE: Review/Revise rules regarding the School Revolving Renovation Fund.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by December 30, 2011
AFFECTED PARTIES: Local school administrative units and students.
CHAPTER 101: Maine Unified Special Education Regulation – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A., §7005 (1) and PL 2011 Chapter 19, PL 2011, Chapter 363, Resolve 2011 Chapter 42 and Resolve 2011 Chapter 63
PURPOSE: Review/Revise rule after the passage of five statutes that address qualified providers, observations and secondary transition. Once federal Individuals with Disabilities Education Act (IDEA) Part C regulations are in effect consider possible revisions.
ANTICIPATED SCHEDULE: Provisionally adopted after the report to the Commissioner and filed with the Legislature by December 30, 2011.
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 104: Education Programs for Gifted and Talented Children
STATUTORY AUTHORITY: 20-A, M.R.S.A., Section 8101 et seq.
PURPOSE: Review/Revise rule regarding gifted and talented children to reflect the fact that gifted and talented programs are no longer required in statute.
ANTICIPATED SCHEDULE: By July 1, 2012
AFFECTED PARTIES: All local school administrative units and students.
CHAPTER 114: Purpose, Standards and Procedures for the Review and Approval of
Educational Personnel Preparation Programs
STATUTORY AUTHORITY: 20-A, M.R.S.A. Sections 8, 402(4), 405(3)(F) and 406
§13012, sub-§6, §13019-C, sub-§3
PURPOSE: Review/Revise rules regarding teacher education program approval.
ANTICIPATED SCHEDULE: By June 15, 2012
AFFECTED PARTIES: Educational personnel preparation programs, teachers in training.
CHAPTER 115: Certification, Authorization and Approval of Education Personnel - Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 502, PL 2011, Chapter 49, PL 2011, Chapter 396
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.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by December 30, 2011
AFFECTED PARTIES: Educational Personnel seeking certification, authorization and approval or re-certification, re-authorization, and re-approval.
CHAPTER 120: Innovative Education Grants - REPEAL
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 612, §1701-1704
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 July 15, 2012
AFFECTED PARTIES: None.
CHAPTER 125: Basic Approval Standards: Public Schools and School Administrative Units
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 206
PURPOSE: Review/Revise rule that establishes school approval standards governing school administrative units and public schools of the State regarding compliance with the system of Learning Results.
ANTICIPATED SCHEDULE: By July 1, 2012
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, Chapter 222
PURPOSE: Review/Revise the rule that prescribes the basic instructional assessment requirements, the parameters for essential instruction curriculum requirements, and the standards for awarding a high school diploma using multiple pathways that include career and technical education programs and alternative education programs. Defines the Department Diploma for the public elementary and secondary schools in compliance with the system of Learning Results.
ANTICIPATED SCHEULE: Provisionally adopted by July 31, 2012 pending action by the Legislature on the Department of Education’s plan for implementation of standards-based education for filing with the First Regular Session of the 126th Legislature.
AFFECTED PARTIES: All local school administrative units and students.
CHAPTER 132: Learning Results: Parameters for Essential Instruction
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 103-A, §1451 and §1454, Resolve 2011, Chapter 83
PURPOSE: Review and amend the standards, performance indicators and descriptors in the reading, writing, mathematics and science content areas that comprise Maine’s Learning Results. Provide for the implementation of standards-based education to include awarding high school diplomas to students who demonstrate proficiency in state standards in all 8 content areas of the system of Learning Results and in each of the 5 guiding principles outlined in this rule to meet other locally developed requirements to graduate from high school not inconsistent with state requirements for awarding a high school diploma. Include in rule a proposed system of technical assistance to schools for implementing standards-based education.
ANTICIPATED SCHEULE: By July 1, 2012
AFFECTED PARTIES: All local school administrative units and K-12 students.
CHAPTER 161: Purchase and Storage of Hazardous Chemicals
STATUTORY AUTHORITY: 20-A, M.R.S.A., §4003-A
PURPOSE: Revise/update rules to reflect changes in the monitoring of chemicals used in schools.
ANTICIPATED SCHEDULE: By June 1, 2012
AFFECTED PARTIES: Local school administrative units, staff and students.
CHAPTER 231: Vocational Program and Funding Procedure
STATUTORY AUTHORITY: 20-A, M.R.S.A., Chapter 313, §8306-A
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.
ANTICIPATED SCHEDULE: By June 1, 2012
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., Chapter 313, §8306-A
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 programs and courses.
ANTICIPATED SCHEDULE: By June 1, 2012
AFFECTED PARTIES: All school administrative units and students.
CHAPTER 236: Program (Vocational Education) Evaluation Requirements
STATUTORY AUTHORITY: 32, M.R.S.A., Chapter 313, §8306-A
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.
ANTICIPATED SCHEDULE: By June 1, 2012
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., Section 2104(4)(C) and PL 2009, Chapter 628
PURPOSE: Repeal the Department of Education rule that authorizes the Department of Education to establish a minimum standard or training in programs which prepare Certified Nursing Assistants since statutory authority has been transferred to the Department of Health and Human Services.
ANTICIPATED SCHEDULE: By July 15, 2012
AFFECTED PARTIES: Certified Nursing Assistants and Certified Nursing Assistants training institutions.
NEW RULES
NEW RULE: Standards for Food and Beverages Sold or Distributed on School Grounds but Outside of School Meal Programs – Major Substantive Rule
STATUTORY AUTHORITY: 20-A, M.R.S.A, §6661-§6662, PL 2011, Chapter 224
PURPOSE: Develop rules that are consistent with, and do not exceed, federal school nutrition standards regarding standards for food and beverages sold or distributed on school grounds but outside of school meal programs. These rules do not apply to food and beverages sold or offered at community events or fund raising events held outside the hours of the normal school day and further clarifies that these standards do not apply to products prepared in culinary arts programs provided by career and technical schools and programs as part of career training programs in culinary arts.
ANTICIPATED SCHEDULE: Provisionally adopted by July 31, 2012 pending the issuance of federal guidelines or regulations for filing with the First Regular Session of the 126th Legislature.
AFFECTED PARTIES: Individuals selling or purchasing food and beverages sold or distributed on school grounds but outside of school meal programs and local school administrative units.
NEW RULE: Method To Calculate Graduation Rates For Publicly Supported Secondary Schools – Major Substantive Rule
STATUTORY AUTHORITY: PL 2009, Chapter 626
PURPOSE: Develop rules to specify the method used to calculate graduation rates for publicly supported secondary schools to assist in achieving a 90% graduation rate by the end of the 2016 school year.
ANTICIPATED SCHEDULE: Provisionally adopted by July 31, 2012 pending final action by the 125th Maine Legislature on Carry Over bill LD 1503 for filing with the First Regular Session of the 126th Legislature.
AFFECTED PARTIES: All school administrative units and students.
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: April 15, 2012
AFFECTED PARTIES: Maine’ colleges and universities.
NEW RULE: Public Charter School Program – Major Substantive Rule
STATUTORY AUTHORITY: PL 2011, Chapter 414, 20-A, M.R.S.A., Chapter 112
PURPOSE: Develop rules to implement the public charter school program, including rules that address reporting and funding requirements for students enrolled in public charter schools.
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by December 30, 2011
AFFECTED PARTIES: All local school administrative units and students.
NEW RULE: Fund for the Efficient Delivery of Educational Services – Major Substantive Rule
STATUTORY AUTHORITY: PL 2011, Chapter 446, 20-A. M.R.S.A., §2651
PURPOSE: Establish rules, procedures and criteria for awarding competitive grants from the Fund for the Efficient Delivery of Educational Services (FEDES)
ANTICIPATED SCHEDULE: Provisionally adopted and filed with the Legislature by December 30, 2011.
AFFECTED PARTIES: Potential grant recipients: local school administrative units, counties and municipalities
