Resolve, Regarding Legislative Review of Portions of Chapter 101: Maine Unified Special Education Regulation Birth to Age Twenty, a Major Substantive Rule of the Department of Education
Maine Legislature, Session 125, LD 0106
Committee Amendment CA_A_H148 (House)

COMMITTEE AMENDMENT "A " to H.P. 88, L.D. 106, "Resolve, Regarding 
Legislative Review of Portions of Chapter 101: 
Maine Unified Special Education 
Regulation Birth to Age Twenty, a Major Substantive Rule of the Department of 
Education" 
Amend the resolve in section 1 in the last line (page 1, line 18 in resolve) by striking 
out the following: "authorized." and inserting the following: 
'authorized only if the following changes are made: 
1. The rule must be amended in Section II to clarify that the definition of "adverse 
effect/adversely affects" means to have a negative impact that is more than a minor or 
transient hindrance; 
2. The rule must be amended in Section VI in the part concerning an abbreviated 
school day to require that the Individualized Education Program Team must convene 
every 20 school days if a child with a disability does not return to a full-time school day 
within 45 calendar days after the Individualized Education Program Team initially 
determined that an abbreviated school day is appropriate and necessary for the child; 
3. 
The rule must be amended in Section VII in the part concerning multiple 
disabilities by deleting the procedural step that requires the Individualized Education 
Program Team to make a determination that the concomitant disabilities adversely affect 
the child's educational performance; 
4. The rule must be amended in Section VII in the part concerning the procedure for 
determination of adverse effect on educational performance by deleting "specific learning 
disability" from the list of disability eligibility categories that require this procedural step; 
5. The rule must be amended in Section VIII to correct a cross-reference to the 
definition of "3-5 (Three to under age 6)," which has been renumbered as part 39, and the 
table of contents for the rule must also be amended to correct the inadvertent deletion of 
this part of the definition section; and 
COMMITTEE AMENDMENT 
~ .,. 
COMMITTEE AMENDMENT" A" to H.P. 88, L.D. 106 
6. The rule must be amended in Section X in the part concerning tutorial instruction 
by deleting the provision that specifies that the Individualized Education Program Team 
determines who will provide the tutorial instruction to a child with a disability.' 
SUMMARY 
This amendment provides that final adoption of portions of Chapter 101: Maine 
Unified Special Education Regulation Birth to Age Twenty, a provisionally adopted 
major substantive rule of the Department of Education, is authorized contingent upon the 
department's making specified changes to the proposed rule. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/24111 
haC':.-
LD 106 
LR 916(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 101: Maine Unified Special Education 
Regulation Birth to Age Twenty, 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 implementing the changes in Chapter 1 0 1: Maine 
Unified Special Education Regulation Birth to Age Twenty can be absorbed within existing budgeted resources. 
LR0916(02) - Fiscal Note - Page 1 of 1