Resolve, To Limit the Department of Education's Rulemaking in the Area of Special Education to Matters Required To Align State Rules with Federal Law
Maine Legislature, Session 123, LD 1638
Committee: Education and Cultural Affairs
Sponsors: CAIN, SCHNEIDER, BUSS, EDGECOMB, HARLOW, LANSLEY, NORTON, PERCY, PINGREE, STRANG BURGESS

Legislative Document 
No. 1638 
H.P.1147 
House of Representatives, March 22, 2007 
Resolve, To Limit the Department of Education's Rulemaking in the 
Area of Special Education to Matters Required To Align State Rules 
with Federal Law 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative CAIN of Orono. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
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frl.11!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BUSS of South Portland, EDGECOMB of Caribou, HARLOW of Portland, 
LANSLEY of Sabattus, NORTON of Bangor, PERCY of Phippsburg, PINGREE of North 
Haven, STRANG BURGESS of Cumberland. 
Primed on ret.:yded papt"r 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, pursuant to 20 United States Code, Section 1400, et seq., as found in 34 
Code of Federal Regulations, Part 300, the Department of Education needs to adopt rules 
that are aligned with the federal regulations that implement the Individuals with 
Disabilities Education Act in a timely manner; and 
Whereas, regulations affecting the education of children with disabilities have a 
significant effect on the lives of these children and on the State as a whole and are 
therefore worthy of thoughtful public disclosure; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. 
Limitation. 
Resolved: 
That, during the l23rd Legislature, the 
Department of Education shall limit the proposed rules it submits to the Joint Standing 
Committee on Education and Cultural Affairs regarding special education eligibility for 
children 6 years of age or older and under 21 years of age to those necessary to align state 
rules with federal regulations; and be it further 
Sec. 2. Eligibility standards. Resolved: That the Department of Education 
may not attempt rulemaking on the matter of eligibility standards for special education 
regarding children with disabilities for children 6 years of age or older and under 21 years 
of age; and be it further 
Sec. 3. Report. Resolved: That the Department of Education shall file a report 
with the Legislature by December 30, 2007 with data indicating the impact on eligibility 
rates, disaggregated by age, disability category, gender and geographic region, of any 
proposed changes to the eligibility standards for special education. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve directs the Department of Education to limit the proposed rules it 
submits to the Joint Standing Committee on Education and Cultural Affairs regarding 
special education for children 6 years of age or older and under 21 years of age to those 
necessary to align state rules with federal regulations. The department shall file a report 
by December 30,2007. 
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