reglab/statecodes huggingface dataset:
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-08 - COMMISSION DECISION UNDER NON-EMERGENCY PROCEDURE

Current through 2024-29, July 17, 2024
After considering the Investigator's Report, written
				  submissions, if any, and other related information, the Commission will make a
				  determination whether reasonable grounds exist to believe that unlawful
				  educational discrimination has occurred. The Commission shall issue a Statement
				  of Finding in support of its determination.
A. No Reasonable Grounds
If the Commission finds no reasonable grounds to believe that
				  unlawful educational discrimination has occurred, it will enter an order
				  dismissing the complaint. The Commission shall promptly notify the parties and
				  provide each with a copy of its Statement of Finding.
B. Reasonable Grounds
If the Commission finds reasonable grounds to believe that
				  unlawful educational discrimination has occurred, it will so notify the parties
				  of its determination and provide each with a copy of its Statement of Finding.
				  The Commission's Compliance Officer or her/his designee will then endeavor to
				  resolve the matter by informal means such as conference, conciliation, or
				  persuasion. If the matter is resolved to the mutual satisfaction of the
				  complainant and respondent and to the satisfaction of the Commission, as
				  evidenced in a signed written agreement between the parties, approved by a
				  majority of the Commission, the proceeding will be dismissed upon ascertainment
				  by the Commission's Executive Director or her/his designee that the terms of
				  the signed agreement have been met.
C. Request for Attorney General's Opinion
If the Commission determines that it is unable to make a
				  determination whether reasonable grounds exist to believe that unlawful
				  educational discrimination has occurred because of legal questions it may
				  request an Attorney General's opinion and postpone the issue and a statement of
				  finding until receipt of an opinion. The Commissioner of Education shall be
				  notified of any request for an opinion of the Attorney General.
D. New Investigation
If, subsequent to a finding, the Commission determines that
				  there have been relevant factual errors or omissions of fact, that, if they are
				  true, would likely change the finding of the Commission, it may order a new
				  investigation of the matter. The Commission will promptly notify the parties of
				  its decision to investigate the matter again.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-09 - COMMISSION DECISION UNDER EMERGENCY PROCEDURE

Current through 2024-29, July 17, 2024
If the preliminary investigation of the complaint persuades
				  the Commission's Executive Director, or other designated representative, that a
				  situation comparable to those described in 5[DEGREE]M.R.S.A. § 4612(4)(B)
				  exists, the Executive Director, or representative, shall so notify the
				  Commission. As soon as practical after notification, the Commission will
				  consider the matter by means of a special meeting or other appropriate method.
				  The Executive Director or other designated employee will take all reasonable
				  steps to notify the parties of the special meeting or other appropriate method
				  and of their right to participate.
A.
				No Reasonable Grounds
If the Commission finds no reasonable grounds to believe that
				  unlawful educational discrimination has occurred, it will issue an order
				  dismissing the complaint. The Commission shall promptly notify the parties of
				  the dismissal and provide each with a copy of its Statement of Finding.
B. Reasonable Grounds
If the Commission finds reasonable grounds to believe that
				  unlawful educational discrimination has occurred, but does not believe that
				  irreparable injury or great inconvenience will be caused to the victim or
				  victims of such discrimination if relief is not immediately granted, it will
				  notify the parties of its determination, provide each with a copy of its
				  Statement of Finding, and process the complaint under its non-emergency
				  procedures.
C. Immediate
				Relief
If the Commission finds reasonable grounds to believe that
				  unlawful educational discrimination has occurred and further believes that
				  irreparable injury or great inconvenience will be caused the victim or victims
				  of such discrimination, it may request the Commission Counsel or her/his
				  designee to file a civil action in the Superior Court seeking appropriate
				  relief. As soon thereafter as practicable, the Commission shall issue a
				  statement of Finding in support of its determination.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-11 - PROCEDURE AFTER FAILURE OF CONCILIATION

Current through 2024-29, July 17, 2024
A. Failed
				Conciliation
If the Commission's Compliance Officer or her/his designee
				  determines that conciliation efforts have failed, she/he shall so notify the
				  complainant and respondent.
B. Legal Action
When post-determination conciliation efforts have failed, the
				  Commission Counsel or her/his designee is authorized to file a civil action in
				  the Superior Court seeking appropriate relief, including, but not limited to,
				  temporary restraining orders and preliminary injunctions.
C. Referral to Complainant
When the Commission Counsel or her/his designee is unable to
				  file expeditiously such a civil action, the Commission shall so notify the
				  complainant of her/his right to file a civil action pursuant to
				  5 M.R.S.A.
				  §4621, and make available a referral
				  list of attorneys who have indicated an interest in undertaking such
				  litigation. The Commission shall furnish any attorney who is retained by the
				  complainant, upon request, with access to the investigatory case file and will
				  provide such assistance as is reasonably possible under the existing
				  circumstances. Referral under this subsection does not terminate the
				  Commission's jurisdiction of the proceeding.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-12 - TIME LIMITS

Current through 2024-29, July 17, 2024
A. Deadlines
When these regulations established any time limit for the
				  filing, submission, or production of any document, record, file or other
				  possible source of evidence
,
or for the filing of any request with the
				  Commission, such item must be received in the office of the Commission before
				  the close of business on the last day of the time limit.
B. Computation of Time
In computing any period of time prescribed or allowed by this
				  rule, the day of the act, event, or default from or after which the designated
				  period of time begins to run shall not he included. The last day of the period
				  shall be included, unless it is a Saturday, Sunday, or legal state or federal
				  holiday, in which event the period shall run until the end of the next day that
				  is not a Saturday, Sunday, or legal state or federal holiday.
C. Extension of Time
The Commission's Executive Director or her/his designee, or
				  the Commission
,
may extend any time limit established
				  in this chapter for good cause shown, and shall notify the parties of any such
				  extension.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-13 - ADVISORY RULINGS

Current through 2024-29, July 17, 2024
A. Upon written
				request of any interested person, the Commission's Compliance Officer or
				her/his designee may make an advisory ruling with respect to the applicability
				of the Maine Human Rights Act or the rules promulgated by the Commission to
				that person or an actual state of facts.
B. Advisory rulings made pursuant to this
				section shall not be binding upon the Commission, provided that, in any
				subsequent civil action initiated by the Commission, any person's justifiable
				reliance upon the ruling shall be considered in mitigation of any civil penal
				damages or punitive damages sought by the Commission.
Fiscal Impact Note: This proposed rule will not impose any
				  cost on municipalities or counties.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 7 - IMPLEMENTATION OF THE ESSENTIAL PROGRAMS AND SERVICES FUNDING MODEL › Section 071-7-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
For the purposes of this chapter, the following terms have
				  the following meanings:
1.01
Commissioner
: "Commissioner" shall mean the Commissioner of
				Education or a designee.
1.02
Department
: "Department" shall mean the Department of
				Education.
1.03
School
				Administrative Unit
: "School Administrative Unit" shall mean the
				state-approved unit of school administration and includes a municipal school
				unit, school administrative district, community school district or any other
				municipal or quasi-municipal corporation responsible for operating or
				constructing public schools, except that it does not include a career and
				technical education region.
1.04
Targeted Funds
: "Targeted Funds" shall mean funds that are
				allocated specifically for additional targeted allocations to school
				administrative units for technology, implementation of a standards-based
				system, and the costs of additional investments in educating children in
				kindergarten to grade 2.
1.05
Targeted Funds Plan
: "Targeted Funds Plan" shall mean the plan
				that school administrative units must submit to show the use of the targeted
				funds. These plans must be approved by the Commissioner of
				Education.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 7 - IMPLEMENTATION OF THE ESSENTIAL PROGRAMS AND SERVICES FUNDING MODEL › Section 071-7-2 - PROCEDURAL REQUIREMENTS

Current through 2024-29, July 17, 2024
2.01
Requirements for Targeted Funds Plans
School administrative units shall submit plans for the use of
				  funds for technology, implementation of a standards-based system, and the cost
				  of additional investments in educating children in kindergarten to grade 2, and
				  shall receive funding based on approval of the plan by the Commissioner.
A.
Technology
(1)
Programs
. Programs must be
				in compliance with the school administrative unit's plan for use of technology
				for student and teacher learning as established in the Comprehensive Education
				Plan.
Student Centered Education
. Use of targeted
				  funds must facilitate a student centered education that facilitates student
				  learning whenever and wherever the student wants to learn, and addresses the
				  student's needs across the curriculum in a manner that supports the student's
				  learning style, including one-to-one computing technology whenever
				  possible.
A program for student centered education may include but is
				  not limited to one or more of the following elements:
(a)
Digital-Age Literacy
.
				Promote student learning in various areas of literacy to develop skills in
				basic scientific, economic, and technological literacies; visual and
				information literacies; and multicultural literacy and global
				awareness.
(b)
Effective
				Communication
. Promote communication which develops teaming,
				collaboration, and interpersonal skills for student learning through
				interactive communication for personal, social, and civic
				responsibility.
(c)
Inventive
				Thinking
. Promote student learning to develop skills for adaptability
				and higher-order thinking, self direction and creativity.
(d)
High Productivity
. Promote
				student learning in prioritizing, planning, and managing for results and the
				ability to produce relevant, high-quality products through the effective use of
				real-world tools in student learning using collaboration, media manipulation
				and creation, content access and data analysis.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 13 - QUALIFYING EXAMINATIONS FOR TEACHERS, EDUCATIONAL SPECIALISTS AND ADMINISTRATORS › Section 071-13-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this Chapter is to establish the standard
				  qualifying examinations and scores for applicants for initial teacher
				  certificates, for initial educational specialist certificates, and for initial
				  administrator certificates.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 13 - QUALIFYING EXAMINATIONS FOR TEACHERS, EDUCATIONAL SPECIALISTS AND ADMINISTRATORS › Section 071-13-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in this Chapter, unless the context indicates
				  otherwise, the following terms shall have the following meanings:
A.
Administrator
:
				"Administrator" means an individual certified to provide services in any of the
				following capacities: superintendent or assistant superintendent of schools, a
				principal or assistant principal, a teaching principal, a director or assistant
				director of special education, a director or assistant director of career and
				technical education, a curriculum coordinator, an instructional supervisor, and
				a director or assistant director of adult and community education.
B.
Assessment
: "Assessment"
				means the appropriate tests as determined by the State Board of
				Education.
C.
Commissioner
: "Commissioner" means the Commissioner of the
				Department of Education or a designee.
D.
Conditional Certificate
:
				"Conditional Certificate" means the three-year certificate issued to teachers,
				educational specialists, and administrators who have not met all requirements
				for a professional certificate or new endorsement issued pursuant to Chapter
				115 Part I, Certification Authorization and Approval of Educational
				Personnel.
E.
Department
: "Department" means the Department of
				Education.
F.
Educational
				Specialist
: "Educational Specialist" means an individual certified to
				provide professional services in any of the following capacities: athletic
				director, school counselor, library-media specialist, literacy specialist,
				school psychologist, school nurse, special education consultant,
				speech-language clinician, or career and technical education
				evaluator.
G.
Endorsement
: "Endorsement" means a notation on a certificate
				issued to a teacher that specifies the grades and subject area or work area for
				which the certificate is valid. A certificate may bear one or more
				endorsements.
H.
Initial
				Certification
: "Initial Certification" means the initial credential
				issued for certification to an individual who has never held the certificate or
				the endorsement previously in Maine. An initial certificate could be a
				conditional or professional certificate.
I.
Professional Certificate
:
				"Professional certificate" means the regular five-year certificate issued by
				the Department on or after July 1, 1988.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 13 - QUALIFYING EXAMINATIONS FOR TEACHERS, EDUCATIONAL SPECIALISTS AND ADMINISTRATORS › Section 071-13-3 - QUALIFYING EXAMINATIONS FOR INITIAL TEACHER CERTIFICATION REQUIRING A BACHELOR'S DEGREE

Current through 2024-29, July 17, 2024
3.1
Examination Components
For applicants for an initial professional teacher
				  certificate requiring a bachelor's degree, the examinations validated for use
				  in this program are the Core Academic Skills for Educators, PRAXIS II, and
				  Principles of Learning and Teaching (PLT) unless waived. The Core Academic
				  Skills for Educators program has three major components which test the
				  applicant in three basic skill areas: reading, writing, and mathematics.
3.2
Examination
				Sequence
The Educational Testing Service schedules the Core Academic
				  Skills for Educators, PRAXIS II and Principles of Learning and Teaching (PLT)
				  at sites across Maine and the nation. The applicant registers for the
				  examinations directly with the Educational Testing Service.
A. An applicant may take the major components
				of the Core Academic Skills for Educators at separate times.
B. An applicant who fails to meet the
				qualifying scores requirement for any component of the Core Academic Skills for
				Educators, or PRAXIS II or the Principles of Learning and Teaching may retake
				the exam at scheduled examination sessions as often as allowed by the vendor's
				retake policies to meet the requirements.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 13 - QUALIFYING EXAMINATIONS FOR TEACHERS, EDUCATIONAL SPECIALISTS AND ADMINISTRATORS › Section 071-13-4 - QUALIFYING EXAMINATIONS FOR TEACHING CERTIFICATES NOT REQUIRING A BACHELOR'S DEGREE

Current through 2024-29, July 17, 2024
4.1
Examination Components
For applicants for an initial teacher professional
				  certificate not requiring a bachelor's degree, the examinations validated for
				  use in this program are the Core Academic Skills for Educators, PRAXIS II, and
				  Principles of Learning and Teaching. The Core Academic Skills for Educators
				  program has three major components which test the applicant in three basic
				  skill areas: reading, writing, and mathematics.
4.2
Examination Sequence
The Educational Testing Service schedules the Core Academic
				  Skills for Educators, PRAXIS II and Principles of Learning and Teaching at
				  sites across Maine and the nation. The applicant registers for the examinations
				  directly with the Educational Testing Service.
A. An applicant may take the major components
				of the Core Academic Skills for Educators at separate times.
B. An applicant who fails to meet the
				qualifying scores requirement for any component of the Core Academic Skills for
				Educators or PRAXIS II or the Principles of Learning and Teaching may retake
				the exam at scheduled examination sessions as often as allowed by the vendor's
				retake policies to meet the requirements.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 13 - QUALIFYING EXAMINATIONS FOR TEACHERS, EDUCATIONAL SPECIALISTS AND ADMINISTRATORS › Section 071-13-5 - QUALIFYING EXAMINATIONS FOR ADMINISTRATORS

Current through 2024-29, July 17, 2024
5.1 Applicants for an initial superintendent
				or an initial assistant superintendent certificate, may complete the School
				Superintendent Assessment to meet the knowledge areas in accordance with
				Chapter 115 Part II
.
The School Superintendent Assessment is an alternative
				  pathway to meeting specified knowledge areas and is not a requirement for each
				  applicant.
5.2
Examination Sequence
The Educational Testing Service schedules the School
				  Superintendent Assessment at sites across Maine and the nation. The applicant
				  registers for the examination directly with the Educational Testing
				  Service.
An applicant may retake the examination at scheduled
				  examination sessions as often as allowed by the vendor's retake policies to
				  meet the requirements.
5.3
Qualifying Scores
The qualifying score on the School Superintendent Assessment
				  (test code #6021) for individuals seeking a superintendent or assistant
				  superintendent certificate is 160.
5.4 Applicants for an initial administrator
				certificate other than superintendent or assistant superintendent may complete
				the School Leaders Licensure Assessment to meet the knowledge areas in
				accordance with Chapter 115 Part II.
The School Leaders Licensure Assessment is an alternative
				  pathway to meeting specified knowledge areas and is not a requirement for each
				  applicant.
5.5
Examination Sequence
The Educational Testing Service schedules the School Leaders
				  Licensure Assessment at sites across Maine and the nation. The applicant
				  registers for the examination directly with the Educational Testing
				  Service.
An applicant may retake the examination at scheduled
				  examination sessions as often as allowed by the vendor's retake policies to
				  meet the requirements.
5.6
Qualifying Scores
The qualifying score on the School Leaders Licensure
				  Assessment (code 6012) for individuals seeking an administrator certificate
				  other than a superintendent or assistant superintendent certificate is
				  163.
5.7
Individuals
				with Disabilities
Individuals with disabilities that prevent them from taking
				  the examination under standard conditions may request special accommodations
				  directly through the Educational Testing Service. The documentation
				  requirements and accommodation request procedures are described in the
				  registration bulletin for the specific examination.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 13 - QUALIFYING EXAMINATIONS FOR TEACHERS, EDUCATIONAL SPECIALISTS AND ADMINISTRATORS › Section 071-13-6 - CERTIFICATION RECORDS

Current through 2024-29, July 17, 2024
6.1
Records
The score on the teacher qualifying examination shall become
				  part of the teacher's certification records. Only the final qualifying score
				  will be retained in the applicant's record.
6.2
Confidentiality
Confidentiality of certification records shall be governed by
				  the provisions of Title 20-A, Section 13004.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 14 - EDUCATION OF HOMELESS STUDENTS › Section 071-14-1 - PURPOSE

Current through 2024-29, July 17, 2024
1. The purpose of this rule is to ensure that
				the rights of homeless students are protected in accordance with the
McKinney-Vento Homeless Assistance Act
by clearly defining the
				roles and responsibilities of the State and other covered entities.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 14 - EDUCATION OF HOMELESS STUDENTS › Section 071-14-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Homeless student
. A homeless
				student means a student eligible to attend preschool, elementary, or secondary
				school, pursuant to
				20-A M.R.S.
				§5201, who:
A. Lacks a fixed, regular and adequate
				night-time residence; and
B.
				Includes:
(1) Students who are sharing the
				housing of other persons due to loss of housing, economic hardship, or a
				similar reason; are living in motels, hotels, trailer parks, or camping grounds
				due to the lack of alternative adequate accommodations; are living in
				emergencyor transitional shelters; or are abandoned in hospitals;
(2) Students who have a primary night-time
				residence that is a public or private place not designated for or ordinarily
				used as a regular sleeping accommodation for human beings;
(3) Students who are living in cars, parks,
				public spaces, abandoned buildings, substandard housing, bus or train stations,
				or similar settings; and
(4)
				Migratory students who are living in circumstances described in (1) through
				(3).
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 14 - EDUCATION OF HOMELESS STUDENTS › Section 071-14-3 - COVERED ENTITIES

Current through 2024-29, July 17, 2024
This rule applies to the following covered entities:
1. School administrative units, as defined in
				Title 20-A§
									1(26);
2. Education in the Unorganized
				Territories;
3. Maine Indian
				Education;
4. The Maine Educational
				Center for the Deaf and Hard of Hearing;
5. Public magnet schools, including the Maine
				School of Science and Mathematics;
6. The Child Development Services State
				Intermediate Educational Unit regional sites.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 14 - EDUCATION OF HOMELESS STUDENTS › Section 071-14-4 - OBLIGATIONS OF COVERED ENTITIES

Current through 2024-29, July 17, 2024
1.
Appointment and Support of a Local Homeless Education Liaison
A covered entity must appoint and support a local homeless
				  education liaison. The liaison must attend training provided by the Department
				  of Education. The liaison is responsible for ensuring that:
A. homeless students are identified by school
				personnel through outreach and coordination with other entities and
				agencies;
B. there is an
				established process for routine communication with all career and technology
				education (CTE) centers and regions, other regional and out of district
				entities, special purpose private schools, and private schools that receive
				public funds to serve students enrolled through the covered entity so that
				students attending such programs are promptly and equally identified;
C. homeless students are enrolled in, and
				have an equal opportunity to succeed in, schools in the covered
				entity;
D. homeless students and
				their families have access to and receive educational services for which such
				students and families are eligible, including Career and Technical Education
				programs, Head Start programs, early intervention services under Part C of the
Individuals with Disabilities Education Act
(IDEA), and other
				public preschool programs;
E.
				homeless students and their families receive referrals to health care services,
				dental services, mental health and substance abuse services, housing services,
				and other appropriate services;
F.
				parents or guardians of homeless students are informed of the educational and
				related opportunities available to their children and are provided with
				meaningful opportunities to participate in the education of their
				children;
G. public notice of the
				educational rights of homeless students is disseminated in locations frequented
				by parents or guardians of such students and unaccompanied homeless students;
H. disputes over identification
				and enrollment are resolved using the local dispute resolution process
				described in subsection 8 below;
I.
				parents or guardians of homeless students and unaccompanied homeless students
				are informed of the availability of transportation services and are assisted in
				accessing transportation to the school the student will attend; and
J. school personnel in the unit receive
				appropriate training such that they are aware of laws, policies, and practices
				pertaining to the education of homeless students.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 14 - EDUCATION OF HOMELESS STUDENTS › Section 071-14-5 - STUDENTS WITH DISABILITIES

Current through 2024-29, July 17, 2024
1. The
				determination of the best interest of a homeless student with a disability must
				be made in accordance with the provisions of Section 4.3 above. In addition,
				the school administrative unit of origin or other covered entity must: consider
				information about the student's disability in the determination of best
				interest, expedite the conveyance of special education records to the school
				that the student will be attending, and collaborate fully with the special
				education program of any school outside of the school administrative unit that
				a homeless student may attend.
2.
				If the homeless student remains in the school of origin, the school
				administrative unit of origin remains responsible for the provision of FAPE to
				the student even if the school of origin is not located in the school
				administrative unit of origin (
e.g.
the student is attending
				an out-of-district day placement or an out-of-district residential placement).
3. If the homeless student is
				going to attend the school of current residence, the school administrative unit
				of current resident must follow the regulatory requirements applicable to a
				student who transfers from one school administrative unit to another by
				immediately providing comparable services to those contained in the student's
				IEP pending review by the student's IEP Team. A surrogate parent must be
				appointed for an unaccompanied homeless student with a disability prior to any
				IEP Team meeting about the student.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 14 - EDUCATION OF HOMELESS STUDENTS › Section 071-14-6 - FISCAL RESPONSIBILITIES

Current through 2024-29, July 17, 2024
1. If a homeless
				student remains in his or her school of origin, the school administrative unit
				of origin retains fiscal responsibility for the education of the student,
				including any tuition paid to the school of origin.
2. If a homeless student attends the school
				of current residence, the school administrative unit of current residence
				becomes fiscally responsible for the education of the student, including any
				tuition paid to the school of current residence.
3. In a situation where both the school
				administrative unit of origin and the school administrative unit of current
				residence would allow the homeless student to continue to attend the school of
				origin (
e.g.
, both units send their students to the same
				school or both units offer "choice" to students), and it is determined to be in
				the best interest of the student to remain in his or her school of origin, the
				school administrative unit of origin will retain fiscal responsibility for the
				student. If it is determined to be in the best interest of the student to
				attend a different school that is available to non-homeless students in the
				school unit of current residence, then the school unit of current residence
				becomes fiscally responsible for the education of the student.
4. In cases where a homeless student remains
				in the school of origin but resides outside of the geographic area served by
				the school administrative unit of origin, and the parent, guardian or homeless
				student requests transportation to and from school, the superintendents of the
				school administrative unit of origin and the school administrative unit of
				residence must determine how to distribute the cost of transportation between
				them. In the absence of such an agreement, transportation costs must be shared
				equally.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 18 - RULES FOR THE LICENSURE OF RESIDENTIAL CHILD CARE FACILITIES › Section 071-18-1 - INTRODUCTION

Current through 2024-29, July 17, 2024
A. Foreword
These rules are based on the values and level of child care
				  practice that are generally accepted as basic and necessary for any child who
				  must be placed outside their own home and on the belief that every aspect of a
				  residential facility's operation affects the children in its care. The funding
				  source of the facility, the statutory basis or authority for the facility's
				  existence, the nature of the administrative structure, the philosophical
				  principles of the facility, or the degree of specialization of the program
				  should not affect a facility's provision for these basic needs.
It is not the intent of these rules to create uniformity
				  among the facilities. Children in the care of residential facilities have many
				  and diverse needs. In order to respond effectively to these needs, there must
				  be a wide range of programs, settings and services.
These rules allow for a broad variance in practice. At the
				  same time they outline the basic elements necessary for all residential
				  facilities. These rules are designed to assure that a facility which meets all
				  of these requirements, will:
(1)
				provide a safe and healthy environment for residents;
(2) review children's needs for services and
				care on a regular, although limited, basis to prevent children from becoming
				"lost" in the system; and
(3)
				provide or arrange for services identified as necessary for the children
				accepted into the facility's care.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 18 - RULES FOR THE LICENSURE OF RESIDENTIAL CHILD CARE FACILITIES › Section 071-18-3 - WAIVERS

Current through 2024-29, July 17, 2024
The department may, upon written request, waive a particular
				  rule. The facility shall provide clear and convincing evidence, including, at
				  the request of the department, expert opinion, which demonstrates to the
				  satisfaction of the department that the facility's alternative method will
				  comply with the intent of the rule
A.
				The following rules, however, shall not be subject to waiver:
(1) Statement of Ownership 4.A.1.
(2) Administrative Organization
				4.A.4.
(3) Financial Plan
				4.A.5.b.
(4) Statement of Purpose
				4.C.1.
(5) Program Description
				4.C.2.
(6) Educational and
				Vocational Services 4.C.4.
(7)
				Evidence of Access to. Emergency Medical and Mental Health Services
(8) Staff, Volunteer and Student Orientation
				Plan 4.D.9.A.
(9) Staff Training
				Plan 4.D.9.c.
(10) Clinical
				Consultant 4.E.6.c.
(11) Location
				and Floor Plan 4.F.1.
(12) Lead
				Poisoning 4.F.2.b.
(13) Life Safety
				4.F.2.c.
(14) Water Supply
				4.F.2.d.
(15) Emergency Procedures
				4.F.8.a.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 18 - RULES FOR THE LICENSURE OF RESIDENTIAL CHILD CARE FACILITIES › Section 071-18-6 - SPECIAL MODULE RULES

Current through 2024-29, July 17, 2024
A. Education Rules
				- Residential Child Care Facility with an Education Program.
Those facilities directly providing an educational program
				  shall comply with the Core Rules and the following Special Rules directed
				  towards the provision of an educational program.
(1) Program and Services
The facility shall comply with those rules promulgated by the
				  Department of Education whose authority is contained in, but not limited to,
				  20-A
				  MRSA258-A,
				  2901
				  et seq., 2907, 4501 et seq., 6801-A, 7003, 7204, and 7207-B. Rules relating to
				  basic school approval are found in Chapter 125; rules relating to the provision
				  of special education programs and services are found in Chapter 101; and rules
				  relating to school approval for non-traditional limited purpose schools are
				  found in Chapter 250 of the Department's rules.
(In those instances when the requirements in the areas of
				  health; hygiene; safety and/or immunization are more stringent in the core
				  rules, the requirements of the core rules shall apply.)
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 26 - RULES RELATING TO REORGANIZATION OF SCHOOL ADMINISTRATIVE DISTRICTS › Section 071-26-1 - Definitions

Current through 2024-29, July 17, 2024
A. Base Year is as defined in
				20-A MRSA
				§15603(6). For
				clarification, the term "base year" in these rules shall be considered to be
				the most recent such base year.
B.
				Elementary School is as defined in 20-A, MRSA §
									1(10).
C. Elementary School closing is any action or
				actions by the S.A.D. that have the effect of providing no instruction for any
				students at an elementary school.
D.
				Member Municipality is that member municipality of an S.A.D. in which is
				located an elementary school which the S.A.D. is considering, or has voted to,
				close.
E. S.A.D., is that school
				administrative district which is considering, or has voted to, close one of its
				elementary schools in accordance with
				20-A MRSA
				§1407 and these
				rules.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 26 - RULES RELATING TO REORGANIZATION OF SCHOOL ADMINISTRATIVE DISTRICTS › Section 071-26-2 - Required Actions to Close an Elementary School

Current through 2024-29, July 17, 2024
A.
				Before an elementary school may be dosed in accordance with Title
				20-A MRSA
				§1407 and these rules, each of the
				required actions in paragraphs B - E below must be implemented, in the
				sequences indicated.
B. The first
				requirement is for the S.A.D. to submit to the Department and to the member
				municipality all of the cost data and explanations that are described in
				Section
				3, paragraph 1 of these
				rules.
C. If the member
				municipality wishes to comment on the compliance of the cost data in paragraph
				B with Title
				20-A MRSA
				§1407 and these rules, then it must
				deliver written comments to the Department within 10 days of the receipt of the
				cost data from the SAD.
D. Within
				20 days of the receipt of the cost data from the S.A.D. or within 10 days of
				the receipt of comments from the member municipality, whichever comes later,
				the Department will complete a review of the cost data and explanations
				submitted by the S.A.D. and any comments that may be submitted by the member
				municipality, and advise the S.A.D. and the member municipality of one of the
				following:
(1) a statement that the cost data
				submitted by the S.A.D. in accordance with paragraph B are considered to be in
				compliance with
				20-A MRSA
				§1407 and these rules, and the cost that
				will be incurred by the member municipality; or
(2) a statement that the cost data submitted
				by the S.A.D. in accordance with paragraph B are not in compliance with
				20-A MRSA
				§1407 and/or these rules, and must be
				resubmitted in accordance with paragraph B.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 26 - RULES RELATING TO REORGANIZATION OF SCHOOL ADMINISTRATIVE DISTRICTS › Section 071-26-3 - Computation of Costs Associated With Closing An Elementary School

Current through 2024-29, July 17, 2024
A. The following cost and related data shall
				be prepared and submitted by the SAD. to the Department, as prescribed in
				Section
				2, paragraph B.
(1) All costs shall be calculated from actual
				base year operating costs, transportation costs, and minor capital costs that
				satisfy the following criteria:
a. the costs
				are associated only with the elementary school that the S.A.D. Board of
				Directors is considering dosing, or which may be reasonably pro-rated to that
				school, and
b. the costs would be
				expected to have been different in the base year if this elementary school had
				been closed during the base year.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 28 - CLOSING A SCHOOL IN THE UNORGANIZED TERRITORY › Section 071-28-1 - Closing a School

Current through 2024-29, July 17, 2024
Prior to closing a school in the unorganized territory, the
				  Commissioner of Education shall hold a public hearing in the area served by
				  that school. The public hearing shall be held at least one year prior to the
				  proposed date of closure.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-1 - POLICY AND PURPOSE

Current through 2024-29, July 17, 2024
This rule establishes standards for the use of physical
				  restraint and seclusion to provide for the safety of all individuals. Physical
				  restraint and seclusion may only be used as an emergency intervention when the
				  behavior of a student presents a risk of injury or harm to the student or
				  others poses an imminent danger of serious physical injury to the student or
				  another person.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Aversive procedure
means the
				use of a substance or stimulus, intended to modify behavior, which the person
				administering it knows or should know is likely to cause physical and/or
				emotional trauma to a student, even when the substance or stimulus appears to
				be pleasant or neutral to others. Such substances and stimuli include but are
				not limited to: infliction of bodily pain, (e.g. hitting, pinching, slapping),
				water spray, noxious fumes, extreme physical exercise, costumes, or
				signs.
2.
Behavior
				Intervention Plan (BIP)
is a comprehensive plan for managing problem
				behavior by changing or removing contextual factors that trigger or maintain
				it, and by strengthening replacement skills.
3.
Chemical Restraint
means a
				drug or medication that is not prescribed as the standard treatment of a
				student's medical or psychiatric condition by a licensed physician or other
				qualified health professional acting under the scope of the professional's
				authority under state law that is used on a student to control behavior or
				restrict freedom of movement.
20-A M.R.S.A.§
										4014(1)(A).
Chemical Restraint
is the use of medication, including those
				administered PRN (as needed), given involuntarily to control student behavior.
A. Under this rule, the following
is
				not
considered
unlawful restraint
and does not require an
				incident report:
1) Prescribed medications,
				for the standard treatment of a student's medical or psychiatric condition, by
				a licensed physician or other qualified health professional; when administered
				by a health care provider, and consistent with a student's health care
				plan.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-3 - APPLICATION OF RULE

Current through 2024-29, July 17, 2024
1.
Actions
				covered
This rule applies to actions of a covered entity and its
				  employees, contractors, and agents during the conduct of the covered entity's
				  educational program.
2.
Contracts with non-covered entities
The Department of Education and any covered entity that
				  places or funds the placement of a student in an educational program owned,
				  operated, or controlled by an entity other than a covered entity must include
				  in the contract with that other entity a requirement that the entity and its
				  employees, contractors and agents comply with the rule while the student is
				  engaged in the educational program.
3.
Relationship to Statutory
				Protection
Nothing in this rule may be construed to restrict or limit
				  the protections afforded under
				  20-A
				  M.R.S.A.§4009. The application of those
				  protections to a person does not in any way relieve that person from the
				  requirements and restrictions of this rule.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-4 - LOCAL POLICY; NOTICE TO PARENTS

Current through 2024-29, July 17, 2024
1.
Local
				Policy Required
All covered entities shall have local policies, consistent
				  with statute
				  20-A
				  M.R.S.A.§4014 and this rule, regarding
				  the use of physical restraint and seclusion. Covered entities must also have a
				  procedure available by which parents may submit a complaint regarding the use
				  of physical restraint or seclusion on their child, based upon which the covered
				  entity shall investigate the circumstances surrounding the incident complained
				  of, make written findings and, where appropriate, determine to take corrective
				  action.
Covered entities shall revise existing policies or develop
				  policies consistent with this rule within 90 calendar days of the effective
				  date of this rule.
2.
Annual notification of rule and local policies
Annually, each covered entity shall provide overview and
				  awareness information to all staff, including contracted providers, regarding
				  the content of this rule and any local policies or procedures related to the
				  use of physical restraint and seclusion.
Each covered entity shall provide an annual notice informing
				  parents of students enrolled at the covered entity of this rule and any local
				  policies or procedures related to the use of physical restraint and seclusion,
				  including the local complaint process.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-5 - SECLUSION

Current through 2024-29, July 17, 2024
1.
Permitted uses of seclusion
A covered entity that receives state or federal assistance
				  may not subject a student to unlawful restraint or seclusion. A covered entity
				  may use seclusion
only if:
20-A M.R.S.A.§
											4014(2)
A. Seclusion may be used
				only as an emergency intervention when
B. The behavior of a student's behavior poses
				an imminent danger of serious physical injury to the student or another person;
20-A M.R.S.A.§
											4014(2)(A)
presents a risk of injury or harm to the student or others,
				and
C. only after Less restrictive
				interventions would be ineffective in stopping imminent danger of serious
				physical injury to the student or another person.
20-A M.R.S.A.§
											4014(2)(B)
other less intrusive interventions have failed or been deemed
				inappropriate.
D. The seclusion
				ends immediately upon the cessation of imminent danger of serious physical
				injury to the student or another person.
20-A M.R.S.A.§
											4014(2)(C)
1) See
Sec. (5)(4)
				"Termination of Seclusion"
E. The least amount of force necessary is
				used to protect the student or another person from imminent danger of serious
				physical injury.
20-A M.R.S.A.§
											4014(2)(D)
F. Seclusion must be
				implemented by staff certified in a state-approved training program to the
				extent possible. If, due to the nature of the emergency, untrained staff have
				intervened and initiated a seclusion, trained personnel must be summoned to the
				scene and assume control of the situation as rapidly as
				possible.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-6 - PHYSICAL RESTRAINT

Current through 2024-29, July 17, 2024
1.
Permitted
				uses of physical restraint
A covered entity that receives state or federal assistance
				  may not subject a student to unlawful restraint or seclusion. A covered entity
				  may use physical restraint
only if:
20-A M.R.S.A. §
											4014(2)
A. Physical restraint may be
				is used only as an emergency intervention; when
B. The behavior of a student's behavior poses
				an imminent danger of serious physical injury to the student or another person,
20-A M.R.S.A.§
											4014(2)(A)
and; presents a risk of injury or harm to the student or others,
				and
C. only after Less restrictive
				interventions would be ineffective in stopping imminent danger of serious
				physical injury to the student or another person.
20-A M.R.S.A. §
											4014(2)(B)
other less intrusive interventions have failed or been deemed
				inappropriate.
D. The restraint
				ends immediately upon the cessation of imminent danger of serious physical
				injury to the student or another person.
20-A M.R.S.A. §
											4014(2)(C)
1) See
Sec. (6)(4)
				"Termination of Physical Restraint"
E. The least amount of force necessary is
				used to protect the student or another person from imminent danger of serious
				physical injury.
20-A M.R.S.A. §
											4014(2)(D)
F. Physical restraint
				must be implemented by staff certified in a state-approved training program to
				the extent possible. If, due to the nature of the emergency, untrained staff
				have intervened and initiated a physical restraint and if the need for physical
				restraint continues, trained personnel must be summoned to the scene and must
				assume control of the situation as rapidly as possible
G. Physical restraint may be used to move a
				student only if the need for movement outweighs the risks involved in such
				movement.
H. Protective equipment
				or devices that are part of a treatment plan as prescribed by a licensed health
				care provider are not prohibited by this rule.