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_B_H764 (House)
Committee: Education and Cultural Affairs

COMMITTEE AMENDMENT" R "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 in Section V in the part designated "I. 
Evaluations, Parental Consent, and Reevaluations" is amended 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; and be it further 
Sec. 2. 
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 minority 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 amending the proposed rule to establish provisions that require that an initial 
COMMITTEE AMENDMENT 
,.' 
'~, 
.. '.' 
I 
COMMITTEE AMENDMENT 109" to H.P. 1516, L.D. 2136 
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 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 
~ac 
LD 2136 
LR 3433(03) 
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" B" 
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(03) - Fiscal Note - Page 1 of 1