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 127, LD 0201
Committee Amendment CA_A_H180 (House)

COMMITTEE AMENDMENT "A " 
to H.P. 144, L.D. 201, "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 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 following changes are made: 
1. The rule must be amended in Section 11.19, Section IV.2.B and Section VI.2.A to 
strike the term "Individualized Educational Program (IEP) Service Coordinator" and 
restore the term "Individualized Educational Program (IEP) Case Manager" in alignment 
with federal regulations adopted for Part B of the federal Individuals with Disabilities 
Education Act; 
2. The rule must be amended in Section IV.2.E, which concerns the local policy 
developed by an Intermediate Educational Unit (IEU) or a School Administrative Unit 
(SAU) on the referral of a child to an Individualized Education Program (IEP) Team, by 
amending the time line for additional evaluations needed for a child to require that the 
lEU must send a consent to evaluate form to the IEP Team within 15 days; 
3. The rule must be amended in Section V.l.A, which concerns the initial evaluation 
of whether a child age 3 to age 20 is a child with a disability, by adding language that 
indicates that the initial evaluation must consist of procedures to determine if the child is 
a child with a disability and to determine the educational needs of such child, and in 
Section V.I.A(3)(a)(ii) by deleting language that indicates that, following the completion 
of the initial evaluation, the SAU shall proceed to determine the educational needs of the 
child; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 144, L.D. 201 
4. The rule must be amended in Section Y.2.F, which concerns determination of 
eligibility and educational need, to strike subparagraph (3), which establishes a new 
timeline for completion of the determination of eligibility and development of the IEP; 
5. The rule must be amended in Section V.4.B, which concerns the submission of a I 
written evaluation report of whether a child age 3 to age 20 is a child with a disability, by 
restoring the original language to this section regarding the requirement that the person 
completing an evaluation submit a report no later than 40 school days, or 50 days for 
children in the Child Development Services System, recognizing the requirement that 
parents receive the report at least 3 days prior to the meeting; and 
6. 
The rule must be amended in Section IX.3.B(2), which concerns the 
implementation of a child with a disability's IEP, by restoring the language that specifies 
that a meeting to develop an IEP is conducted within 30 days of a determination that the 
child needs special education and related services. 
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 
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Approved: 05114115 
LD201 
LR 1885(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 Educati:\ 
Fiscal Note for Bill as Amended by Committee Amendment ,~, (Jf .. jgO) 
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 making the required changes to portions of Chapter 
0 1: Maine Unified Education Regulation Birth to Age Twenty can be absorbed within existing budgeted resources. 
LR1885(02) - Fiscal Note - Page I of 1