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 126, LD 0323
Committee Amendment CA_A_H191 (House)

COMMITTEE AMENDMENT "A" to H.P. 232, L.D. 323, "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 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 Birth to Age Twenty, a provisionally 
adopted major substantive rule ofthe 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 following changes are made: 
1. The rule must be amended in Section II to strike the definition of "qualified 
professional" and replace it with the definition of "qualified personnel" in alignment with 
federal regulations adopted for the federal Individuals with Disabilities Education Act; 
2. The rule must be amended in Section VII by deleting the changes proposed in the 
part concerning the criteria for change in eligibility for special education services for a 
child who no longer meets the eligibility criteria; 
3. The rule must be amended in Section VIII in the part concerning the so-called free 
and appropriate public education choice determination by the individualized education 
program team of a preschool child with a disability who reaches 5 years of age between 
July 1st and October 15th and is already receiving "free and appropriate public education" 
services through the Child Development Services System to clarify that: 
A. When the individualized education program team is considering the choice of 
whether the child should receive "free and appropriate public education" services 
through the Child Development Services System or in kindergarten, the team must 
determine whether it "best meets the individual needs of the child" to remain in the 
Child Development Services System and not enroll in kindergarten until the start of 
the following school year; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 232, LD. 323 
B. The "best meets the individual needs of the child" standard may not be equivalent 
to the "free and appropriate public education" standard and that the individualized 
education program team may determine that remaining in the Child Development 
Services System may "best meet the individual needs of the child" even if the 
kindergarten program that is available to the child could provide the child with a "free 
and appropriate public education"; and 
C. In the event that the parent disagrees with the decision of the individualized 
education program team and decides to use dispute resolution procedures, the 
standard for the review must be whether the individualized education program team 
decision "best meets the individual needs of the child"; 
4. The rule must be amended in Section IX in the part concerning the services that 
must be included in the transition plan developed during the 9th grade school year for a 
child who is eligible for special education by deleting the proposed addition of language 
related to the "consideration of assistive technologies," which exceeds federal 
requirements concerning the services that must be included in the child's annual transition 
plan; 
5. The rule must be amended in Section X in the part concerning how new and 
veteran teachers can meet the federal requirements of the "High Objective Uniform State 
Standard of Evaluation" content knowledge rubrics to clarify that a special education 
teacher who is transferred to a new teaching assignment has 2 years to demonstrate 
content knowledge in the additional subject area or areas of the teacher's new assignment; 
6. The rule must be amended in Section XVI in the part concerning the so-called 
"stay put" requirements to restore the provisions that allow a child who is eligible for 
early intervention under Part C of the federal Individuals with Disabilities Education Act 
to remain in the current placement or continue to receive current services when a dispute 
resolution proceeding is pending after a request from the child's parent, including a 
mediation request, a state complaint investigation request or a due process hearing 
request; 
7. The rule must be amended in Section XVI in the part concerning the representation 
of a parent of a child who is eligible for special education at a mediation session to clarify 
that a school administrative unit may be accompanied by a nonattorney advocate or 
consultant at a mediation session when the parent is similarly accompanied by an 
individual who has been engaged by the parent to perform special education advocacy or 
consultancy; 
8. The rule must be amended in Section XVI in the part concerning the ability of a 
party to amend its due process hearing request to restore the current provision that is 
consistent with federal regulations and that provides an exception for when a hearing 
officer may grant permission to amend a due process hearing request; and 
9. The rule must be amended in Section XVIII in the part concerning the use of 3rd-
party funding to add language consistent with new federal regulations that provide that an 
intermediate educational unit or a school administrative unit is required to: 
A. Provide notice to the parent of a child eligible for special education under Part B 
of the federal Individuals with Disabilities Education Act of the legal protections 
when the unit seeks to access the State's public benefits or insurance program to pay 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to H.P. 232, L.D. 323 
for services provided under the federal Individuals with Disabilities Education Act; 
and 
B. Obtain a one-time written consent from the parent before the unit accesses the 
child's or the parent's public benefits or insurance for the first time to pay for services 
provided under the federal Individuals with Disabilities Education Act. 
The Department of Education is not required to hold hearings or undertake further 
proceedings prior to final adoption of the rule in accordance with this section.' 
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: 05/06/13 ;tvac 
LD323 
LR 1825(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 Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment~' / H ... /q I) 
Committee: Education and Cultural Affairs 
l t 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Education associated with the rulemaking process can be absorbed within 
existing budgeted resources. 
LR1825(02) - Fiscal Note - Page 1 of 1