Resolve, Regarding Legislative Review of Portions of Chapter 101: Maine Unified Special Education Regulation, a Major Substantive Rule of the Department of Education
Maine Legislature, Session 123, LD 2136
Committee Amendment CA_A_H763 (House)

COMMITTEE AMENDMENT" J1. "to H.P. 1516, L.D. 2136, "Resolve, Regarding 
Legislative Review of Portions of Chapter 101: 
Maine Unified Special Education 
Regulation, a Major Substantive Rule of the Department of Education" 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 101: 
Maine Unified Special Education Regulation, a provisionally adopted major substantive 
rule of the Department of Education that has been submitted to the Legislature for review 
pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is 
authorized only if the provisionally adopted rule is amended as set out in this section. 
1. 
The rule must be amended in Section VII by deleting the part of the rule 
designated "3. Determination of Adverse Effect for Children Three to Twenty" and by 
adding a definition for the term "adverse effect on educational performance" to comport 
with the definition that was recommended by a majority of the stakeholder group 
convened pursuant to Resolve 2007, chapter 138 to examine the federal and state rules 
and laws pertaining to the determination of adverse effect for children from 3 to 20 years 
of age and that is included in the stakeholder group's final report to the Commissioner of 
Education dated September 28, 2007. 
2. 
The rule must be amended in Section VII by deleting the part of the rule 
designated "4. Needs special education and related services." 
3. The rule must be amended in Section V in the part designated "1. Evaluations, 
Parental Consent, and Reevaluations" to establish provisions that require that an initial 
evaluation or a reevaluation of a child be conducted within 45 school days of receiving 
I 
parental consent for the evaluation; and be it further 
Sec. 2. 
Guidance on appropriate assessments. 
Resolved: 
That the 
Commissioner of Education shall provide administrative guidance to local educational 
agencies, including intermediate educational units and school administrative units, 
pertaining to the determination of adverse effect on educational performance for children 
from 3 to 20 years of age as set forth in the Department of Education Rule Chapter 101: 
COMMITTEE AMENDMENT 
f' 
,,, ' . 
COMMITTEE AMENDMENT" ~"to H.P. 1516, L.D. 2136 
Maine Unified Special Education Regulation as amended pursuant to section 1. The 
guidance provided to local educational agencies must explain the importance of using 
assessments that are appropriate to identify any area of educational performance that may 
be negatively influenced by the child's disability; and be it further 
Sec. 3. Clarification of content of written notice. Resolved: 
That the 
Commissioner of Education shall provide guidance to school administrative units that 
clarifies the content of the written notice to be provided to the parents of a child with a 
disability as set forth in the Department of Education Rule Chapter 101: Maine Unified 
Special Education Regulation in "Appendix I" in the part designated "Written Notice." 
The guidance provided to school administrative units must clarify that the contents of the 
written notice provided to parents must be equivalent to the detailed summary and 
descriptions required by the former Department of Education Rule Chapter 101 
provisions for the minutes of pupil evaluation team meetings.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Education 
and Cultural Affairs. The amendment provides that final adoption of the provisionally 
adopted major substantive rule is authorized contingent upon the Department of 
Education: 
1. Amending the proposed rule by deleting the part of the rule pertaining to the 
determination of adverse effect for children 3 to 20 years of age and incorporating a 
definition for the term "adverse effect on educational performance" that comports with 
the definition that was recommended by a majority of the stakeholder group convened 
pursuant to Resolve 2007, chapter 138 to examine the federal and state rules and laws 
pertaining to the determination of adverse effect for children from 3 to 20 years of age; 
2. Amending the proposed rule by deleting the part of the rule designated "4. Needs 
special education and related services"; and 
3. Amending the proposed rule to establish provisions that require that an initial 
evaluation or a reevaluation of a child be conducted within 45 school days of receiving 
parental consent for the evaluation. 
The amendment also directs the Commissioner of Education to: 
1. Provide administrative guidance to local educational agencies, including 
intermediate educational units and school administrative units, that explains the 
importance of using assessments that are appropriate to identify any area of educational 
performance that may be negatively influenced by the child's disability when making a 
determination of adverse effect on educational performance for children from 3 to 20 
years of age; and 
COMMITTEE AMENDMENT 
I 
COMMITTEE AMENDMENT" A" to H.P. 1516, L.D. 2136 
2. Provide guidance to school administrative units clarifying that the content of the 
written notice provided to parents must be equivalent to the detailed summary and 
descriptions required by the former Department of Education Rule Chapter 101 
provisions for the minutes of pupil evaluation team meetings. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/07/08 frac 
LD 2136 
LR 3433(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 101: Maine Unified Special Education 
Regulation, a Major Substantive Rule of the Department of Education 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Education associated with the legislative review and final adoption of portions 
of Chapter 101 can be absorbed within existing budgeted resources. 
LR3433(02) - Fiscal Note - Page 1 of I