Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 101 - MAINE UNIFIED SPECIAL EDUCATION REGULATION BIRTH TO AGE TWENTY › Section 071-101-XII - PROGRAM APPROVAL

Current through 2024-29, July 17, 2024
1.
Programs for Children with Disabilities B-5
A.
State Approval of Private Early
				Childhood Special Education (ECSE) Programs. Each private ECSE program that
				serves children B-5 with disabilities must meet all applicable requirements of
				either the Rules for Licensing of Child Care Facilities, 10-148, CMR 32; the
				Rules for the Certification of Family Child Care, 10-148, CMR 33; or the Rules
				for the Licensing of Nursery Schools, 10-148, Chapter 36, and submit an
				application for special education approval to the Child Development Services
				(CDS) State Intermediate Educational Unit (IEU) utilizing a format prescribed
				by the Commissioner. Children B-2 are to be served in their natural environment
				to the maximum extent possible, unless their IFSP Teams determine that their
				program should be with children who are not typically developing.
Each application must include the
				  following:
(1)
Requirements for approval:
(a)
General description of the
				program;
(b)
Qualification or certification of staff (copies of professional
				licenses (if applicable));
(c)
Plan of instruction, curriculum,
				assessments, access to the general curriculum, and extracurricular activities,
				if applicable;
(d)
Documentation of adequacy of facilities to meet the needs of the
				children served by the school/program;
(e)
Adequate related
				services;
(f)
Professional supervision. At least one full time staff member shall be
				designated as the educational administrator for the program. Such person shall
				be assigned to supervise the provision of special education services in the
				school and ensure that the services specified in each child's IFSP or IEP are
				delivered. The educational administrator shall possess certification either as:
				an Administrator of Special Education (030); an Assistant Administrator of
				Special Education (035); a Special Education Consultant (079); or a Teacher -
				Disabled Students (282, B-5) or a Teacher - Severe Impaired (286) with a
				minimum of a master's degree in special education or a related field plus one
				year of administrative experience. If the private school has a special
				education consultant (079), a special educator (282) or a teacher of children
				with severe impairments (286) serving as an educational administrator, that
				person must be supervised by a special education administrator (030) or an
				Assistant Director of Special Education (035) at least 5 hours a month. The
				educational administrator shall be certified pursuant to the requirements in
				Me. Dept. of Ed. Reg. 115;
(g)
Professional development
				plan;
(h)
Program
				self-assessment plan;
(i)
Capacity to support movement on the educational continuum for each
				child;
(j)
Documents of incorporation;
(k)
Parent
				handbook;
(l)
Administrative policy manual;
(m)
Copy of annual budget;
(n)
Policy for
				immediate notification and reporting of serious events. In the event of serious
				injury or death of a child, criminal activity on the part of a child or staff
				member, or other serious incident affecting the well-being of any child, the
				approved ECSE private program shall immediately notify, by telephone and by
				letter, the parents, CDS IEU, any state agency involved in child care or
				program placement, and
(o)
Capacity to provide a safe, healthy, and appropriate educational
				environment.