reglab/statecodes huggingface dataset:
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 61 - STATE BOARD OF EDUCATION RULES FOR MAJOR CAPITAL SCHOOL CONSTRUCTION PROJECTS › Section 071-61-12 - BONDING OF MAJOR CAPITAL SCHOOL CONSTRUCTION PROJECTS

Current through 2024-29, July 17, 2024
Bonds for Major Capital School Construction projects shall be
				  sold after favorable local referendum vote on a schedule approved by the State
				  Board that accommodates the approved debt service limit as established by the
				  Legislature.
1. The Commissioner shall
				be guided by the following table in determining the length of school
				construction bonding issues:
A. Bond issues of
				$2,500,000 and under - 15 years
B.
				Bond issues in excess of $2,500,000 - 20 years
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 61 - STATE BOARD OF EDUCATION RULES FOR MAJOR CAPITAL SCHOOL CONSTRUCTION PROJECTS › Section 071-61-13 - PROJECT COMPLIANCE REVIEW

Current through 2024-29, July 17, 2024
1. The compliance
				review staff may conduct interim compliance reviews of non-completed school
				construction projects in order to determine compliance as of the date of the
				compliance review.
2. All school
				construction projects will be subject to a final compliance review by the
				compliance review staff before a final settlement is established. The amount of
				the final settlement, if any, must be submitted to the Department, made payable
				to the Treasurer of the State of Maine, and indicate that the payment is for
				final settlement of the school construction project. No further purchases from
				the construction account will be allowed once the project is determined to be
				completed. Completion date of the project shall be determined by the Facilities
				Team. The completion date may be changed upon written approval by the
				Commissioner. In cases where delayed or staggered payments of final settlement
				due the State are made beyond the time specified in the final compliance review
				summary interest will be charged to the SAU. Interest due will be calculated by
				the compliance review staff.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 61 - STATE BOARD OF EDUCATION RULES FOR MAJOR CAPITAL SCHOOL CONSTRUCTION PROJECTS › Section 071-61-14 - NON-STATE FUNDED PROJECTS

Current through 2024-29, July 17, 2024
Pursuant to
				  20-A M.R.S.A.
				  §15905-A, SAUs must obtain the approval
				  of the Commissioner for non-state funded projects.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 61 - STATE BOARD OF EDUCATION RULES FOR MAJOR CAPITAL SCHOOL CONSTRUCTION PROJECTS › Section 071-61-15 - INTEGRATED, CONSOLIDATED 9-16 EDUCATIONAL FACILITY

Current through 2024-29, July 17, 2024
Except where language in this section specifies to the
				  contrary, all provisions of Chapter 61, "Rules for Major Capital School
				  Construction Projects," are applicable to projects authorized under Section 15.
1. A Major Capital School
				Construction Project for an Integrated, consolidated 9-16 Educational Facility
				shall articulate the following criteria:
A.
				Facility will consolidate and integrate secondary and post-secondary education
				for:
(1) A regional high school
(2) A fully integrated career and technical
				education high school
(3) A higher
				education center that will provide courses and degrees or licensure and
				certification from both the University of Maine System and the Maine Community
				College System; and
(4) Industry
				training leading to recognized licensure and certification.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 64 - MAINE SCHOOL FACILITIES PROGRAM AND SCHOOL REVOLVING RENOVATION FUND › Section 071-64-2 - MAINTENANCE AND CAPITAL IMPROVEMENT PLANS

Current through 2024-29, July 17, 2024
A. Each school
				administrative unit will develop and maintain a facility maintenance plan and a
				capital improvement plan that includes a plan for each building in the school
				administrative unit.
B. Each
				facility maintenance plan must include, at a minimum, a maintenance and
				replacement schedule for all major building systems to include but not limited
				to the following:
1) heating, ventilation/air
				conditioning (HVAC);
2) plumbing
				and electrical systems;
3) roof
				systems;
4) building
				exterior;
5) windows and
				doors;
6) interior (painting,
				flooring, etc.); and
7) site
				maintenance.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 64 - MAINE SCHOOL FACILITIES PROGRAM AND SCHOOL REVOLVING RENOVATION FUND › Section 071-64-3 - LEASE AND LEASE-PURCHASE SPACE

Current through 2024-29, July 17, 2024
A.
Temporary
				and interim instructional space
1) A
				school administrative unit may lease or lease-purchase temporary or interim
				instructional space with State support for a period not to exceed five (5)
				years.
2) All requests for State
				support for leases for temporary or interim instructional space must include a
				justification in the context of a long-range facilities plan.
3) The school administrative unit may appeal
				to the Commissioner if the five-year period restriction presents an undue
				burden to the unit. The decision of the Commissioner is final.
4) A lease for temporary or interim
				instructional space may be converted to a lease-purchase when it is consistent
				with the school administrative unit's long-range facilities plan.
NOTE: Pursuant to PL 2017 Chapter 284, Sec. VVVV-9 "A school
				  administrative unit engaged in a state-approved lease-purchase agreement for
				  regional programs and services space that serves students from 2 or more school
				  administrative units is eligible for state support for a maximum of 5
				  years."
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 64 - MAINE SCHOOL FACILITIES PROGRAM AND SCHOOL REVOLVING RENOVATION FUND › Section 071-64-4 - SCHOOL REVOLVING RENOVATION FUND

Current through 2024-29, July 17, 2024
A.
Purpose
The School Revolving Renovation Fund is established to make
				  loans for school renovation projects that contribute to safe, healthy,
				  efficient, and adequate school facilities in which an SAU can deliver its
				  educational program.
B.
Eligible Renovation Projects
All projects must receive Department of Education and BGS
				  approval prior to construction in order to be eligible for funding
				  consideration. Projects in the following categories shall be eligible for
				  consideration for loans from the School Revolving Renovation Fund, provided
				  that the application for funding a renovation project is submitted to the
				  Department and is approved by the Department prior to the commencement of work
				  on the renovation project.
1)
Priority One
a) Repair or
				replacement of a roof on a school building;
b) Bringing a school building into compliance
				with the Federal
Americans with Disabilities Act
, 42
United States Code
, Section 12101
et
				seq
.;
c) Improving air
				quality in a school building;
d)
				Removing or abating hazardous materials in a school building;
NOTE: Pursuant to PL 2019 Chapter 158, Sec.
				  2"including, but not limited to, water
				  lead abatement or mitigation pursuant to
				  Title 22,
				  section2604-B",
and
e)
				Other health, safety and compliance repairs.
NOTE: Pursuant to PL 2018 Chapter 389, Sec 1 "including
				  installations or improvements necessary to increase school facility
				  security."
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 64 - MAINE SCHOOL FACILITIES PROGRAM AND SCHOOL REVOLVING RENOVATION FUND › Section 071-64-5 - MAINE SCHOOL FACILITIES FINANCE PROGRAM

Current through 2024-29, July 17, 2024
A. The Bank
				shall be responsible for the following:
1) The
				loan application to eligible school administrative units;
2) The loan agreement with eligible school
				administrative units;
3) The
				management of all loans from the Revolving Renovation Fund;
4) That the applicant certifies to the Bank
				that it has secured all permits, licenses and approvals necessary to undertake
				the renovations and construct the improvements to be financed by the loan;
				and
5) That the applicant
				demonstrates to the satisfaction of the Bank that it has the ability to repay
				the loan made to the school administrative unit by the Bank.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 64 - MAINE SCHOOL FACILITIES PROGRAM AND SCHOOL REVOLVING RENOVATION FUND › Section 071-64-6 - MAINE SCHOOL FACILITIES FINANCE PROGRAM LEASE-PURCHASE PROVISIONS

Current through 2024-29, July 17, 2024
A. The Bank shall be responsible for the
				following:
1) The lease-purchase assistance
				program is for the lease-purchase of buildings only;
2) Only school administrative units approved
				for subsidy by the Department must participate in the lease-purchase assistance
				program;
3) Under the
				lease-purchase assistance program, the Bank shall establish a competitive
				bidding process for the financing of a lease-purchase agreement which takes
				into account the cost and reasonable terms and conditions of
				lease-purchase;
4) After the
				Department notifies the Bank that a school administrative unit is approved and
				eligible to acquire a school facility via a lease-purchase agreement, the Bank
				shall solicit quotations from two or more private institutions; and
5) After quotations for financing a
				lease-purchase agreement have been received by the Bank, the two lowest cost
				quotations shall be provided to the school administrative unit which shall
				retain the right to select the financing institution of its choice subject to
				the requirement of State law and local ordinance.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 81 - SCHOOL TRANSPORTATION SAFETY › Section 071-81-2 - Definitions

Current through 2024-29, July 17, 2024
1. School bus is defined by
				29-A M.R.S.
				§2301(5).
2. School bus operator, also known as school
				bus driver, is defined by
				29-A
				M.R.S.§2303.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 81 - SCHOOL TRANSPORTATION SAFETY › Section 071-81-3 - Minimum Training Requirements for Student Riding Safety Practices

Current through 2024-29, July 17, 2024
1. Student
				ridingsafety practices instruction shall be provided at least once during each
				school semester, totaling two times per year. Each student transported to or
				from home and school and related events in a school bus must be instructed in
				riding safety practices, proper loading and unloading techniques, and proper
				street crossing to and from school bus stops.
A. SAUs shall keep records of student riding
				safety instruction training.
B.
				Student riding safety instruction records certify that students meet training
				requirements to safely ride a school bus.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 81 - SCHOOL TRANSPORTATION SAFETY › Section 071-81-4 - Minimum Training Requirements for Transportation Employee In-Service Safety Practices

Current through 2024-29, July 17, 2024
1. School bus
				drivers shall successfully complete a minimum of sixteen hours of in-service
				training annually. The annual in-service training shall include both behind the
				wheel and classroom training.
2.
				School bus drivers and transportation employees shall annually provide
				transportation safety training documentation to their employer. The school bus
				driver training records certify that the school bus driver meets minimum
				training requirements to operate a school bus.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 81 - SCHOOL TRANSPORTATION SAFETY › Section 071-81-5 - Minimum Training Requirements for Entry-Level School Bus Drivers

Current through 2024-29, July 17, 2024
1. New candidates
				for school bus driver shall complete a minimum of forty hours of initial school
				bus driver training. The training shall include both classroom and behind the
				wheel training.
2. An entry-level
				school bus driver training certificate that includes training date, training
				class name, training hours, attendee name, attendee signature, instructor name,
				instructor signature, and copy of curriculum certifies to the Secretary of
				State that a school bus driver meets new school bus driver training
				requirements. The Department, in consultation with transportation partners,
				shall develop an entry-level school bus driver training certificate template
				that shall be used by training providers.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 81 - SCHOOL TRANSPORTATION SAFETY › Section 071-81-6 - Prohibitions for School Transportation

Current through 2024-29, July 17, 2024
1. Alcohol use
				and possession are prohibited in school buses.
2. Marijuana use and possession are
				prohibited in school buses.
3.
				Tobacco use and possession are prohibited in school buses.
4. Weapons use and possession are prohibited
				in school buses.
A. There is an exception for
				on duty law enforcement and military officials.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 81 - SCHOOL TRANSPORTATION SAFETY › Section 071-81-7 - Daily Inspections for School Bus Safety

Current through 2024-29, July 17, 2024
1.
Pre- and post-trip inspections
A.
				School bus drivers shall perform daily pre-trip and post-trip vehicle
				inspections.
B. Drivers shall
				promptly report defects or deficiencies that have potential to affect the
				safety of vehicle operation or result in mechanical breakdown. The pre-trip and
				post-trip vehicle inspection reports shall be completed and submitted daily, in
				writing or by electronic submission, to the district transportation
				department.
C. Pre-trip and
				post-trip inspection records certify that SAUs are daily checking and reporting
				potential school bus defects and deficiencies.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 81 - SCHOOL TRANSPORTATION SAFETY › Section 071-81-8 - Contracts for School Transportation Services

Current through 2024-29, July 17, 2024
1.
				Local SAUs contracting for school transportation services or leasing of school
				buses shall present the contract proposal to the Department for review, upon
				request, along with a statement of compliance with the provisions of
				20-A M.R.S.
				§5402.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 81 - SCHOOL TRANSPORTATION SAFETY › Section 071-81-9 - Year-end Transportation Report Requirements

Current through 2024-29, July 17, 2024
1.
				SAUs shall annually submit a Transportation Safety and Training Report to the
				Department between July 1 and October 15. The report shall be submitted
				annually in the Departmentdata system.
2. SAUs shall annually submit a
				Transportation Vehicle Inventory Report to the Department between July 1 and
				October 15. The report shall be submitted annually in the Department data
				system.
3. SAUs shall annually
				submit a Transportation Data Out-Of-District Special Education Students,
				Homeless Students and Career and Technical Education Students Report to the
				Department between July 1 and October 15. The report must be submitted in the
				Department data system.
4. If a SAU
				fails to file transportation reports with the Department in the format and
				within the time periods specified, State subsidy may be withheld until the
				reports are received.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 81 - SCHOOL TRANSPORTATION SAFETY › Section 071-81-10 - Records Retention Requirements

Current through 2024-29, July 17, 2024
1. SAUs shall
				retain safety records and present these documents to the Department for review,
				upon request, along with a statement of compliance for each.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 83 - SCHOOL TRANSPORTATION OPERATIONS PROGRAM › Section 071-83-1 - PURPOSE

Current through 2024-29, July 17, 2024
1. The purpose of this rule is to determine
				who is eligible for access to the School Transportation Operations Program and
				provide a process for eligible schools to access the subsidy provided by the
				Department of Education.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 83 - SCHOOL TRANSPORTATION OPERATIONS PROGRAM › Section 071-83-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. School bus is defined by
				29-A
				M.R.S.
				§2301(5).
2. School bus operator, also known as school
				bus driver, is defined by
				29-A
				M.R.S. §2303.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 83 - SCHOOL TRANSPORTATION OPERATIONS PROGRAM › Section 071-83-3 - ELIGIBILITY FOR USE OF THE SCHOOL TRANSPORTATION OPERATIONS PROGRAM SOFTWARE

Current through 2024-29, July 17, 2024
1. The program is available to public
				schools, including public charter schools, and private schools approved for the
				receipt of public funds pursuant to
				20-A
				M.R.S §2951 ("private
				schools").
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 83 - SCHOOL TRANSPORTATION OPERATIONS PROGRAM › Section 071-83-4 - ACCESS TO THE SCHOOL TRANSPORTATION OPERATIONS PROGRAM SOFTWARE

Current through 2024-29, July 17, 2024
1.
Approval
A. Program initiation shall be the
				responsibility of the SAU. Each SAU shall notify the DOE when and if they would
				like to either begin a contract, alter a contract, or end a contract.
B. The DOE will establish a contract with the
				list of vendors approved for the program software.
C. Annual use shall be based on reports
				generated by the program system that confirm SAU or private school use. These
				reports are delivered to the DOE by the vendor and are included in the master
				agreement.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 83 - SCHOOL TRANSPORTATION OPERATIONS PROGRAM › Section 071-83-5 - STATE PAYMENT FOR APPROVED USERS

Current through 2024-29, July 17, 2024
1. The School
				Transportation Operations Program software is provided at a subsidized cost to
				public schools and private schools that meet the minimum qualifications and
				procedures. The subsidy will be provided based on the master
				agreement.
2. Schools that opt out
				of the master agreement vendor(s) will have the option to contract with a
				vendor of their choosing and will be responsible for paying entirety of the
				cost.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 83 - SCHOOL TRANSPORTATION OPERATIONS PROGRAM › Section 071-83-6 - RECORDS RETENTION

Current through 2024-29, July 17, 2024
1. SAUs and private
				schools who access the School Transportation Operations Program software shall
				retain fleet operations records and present these documents to the Department
				for review, upon request, along with a statement of compliance for annual
				use.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 84 - SCHOOL BUS REFURBISHMENT PROGRAM › Section 071-84-1 - Purpose

Current through 2024-29, July 17, 2024
1. The purpose of this rule is to achieve the
				most equitable distribution of limited resources needed to extend the safe
				useful life of midlife school buses owned by SAUs.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 84 - SCHOOL BUS REFURBISHMENT PROGRAM › Section 071-84-2 - Definitions

Current through 2024-29, July 17, 2024
1. School bus is defined by
				29-A M.R.S.
				§2301(5).
2. Midlife school bus. A typical midlife
				school bus is a school bus that is five to seven years old.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 84 - SCHOOL BUS REFURBISHMENT PROGRAM › Section 071-84-3 - Minimum Program Qualifications for the School Bus Refurbishment Program

Current through 2024-29, July 17, 2024
1. The school bus shall have a current Maine
				vehicle inspection sticker.
2.
				Eligibility for school bus refurbishment services shall be determined by a
				pre-approval inspection. The Maine Military Authority shall perform the
				pre-approval inspection. The inspection is called a field joint visual
				inspection (FJVI). Pre-approval inspections receive a pass or fail evaluation.
				Buses that pass the FJVI are qualified and eligible to be contracted for School
				Bus Refurbishment Program services.
3. The SAU bus refurbishment contract shall
				be signed by the superintendent.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 84 - SCHOOL BUS REFURBISHMENT PROGRAM › Section 071-84-4 - Types of Program Applications

Current through 2024-29, July 17, 2024
1.
Basic
				School Bus Refurbishment Service
A.
				Maine Military Authority shall provide the scope of work for basic school bus
				refurbishment service to the SAU.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 84 - SCHOOL BUS REFURBISHMENT PROGRAM › Section 071-84-5 - Minimum Program Procedures

Current through 2024-29, July 17, 2024
1.
SAU
				Application
A. School bus
				refurbishment requests open annually on November 1 and remain open until the
				program budget is depleted for that fiscal year.
B. Requests for school bus refurbishment
				services are initiated when a SAU submits a school bus refurbishment
				application to the Department. A contract is required to begin refurbishment
				services.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 84 - SCHOOL BUS REFURBISHMENT PROGRAM › Section 071-84-7 - Records Retention

Current through 2024-29, July 17, 2024
1. SAUs shall
				retain school bus refurbishment and school bus maintenance records and present
				these documents to the Department for review, upon request, along with a
				statement of compliance for each.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 85 - SCHOOL BUS PURCHASE PROGRAM › Section 071-85-1 - Purpose

Current through 2024-29, July 17, 2024
1. The purpose of this rule is to achieve the
				most equitable distribution of limited dollars to maintain a modern safe fleet
				of school buses and respond to emergency and special bus needs.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 85 - SCHOOL BUS PURCHASE PROGRAM › Section 071-85-3 - Minimum Program Qualifications for SAUS to Apply for the School Bus Purchase Program

Current through 2024-29, July 17, 2024
1. School buses
				owned by SAUs shall be qualified for and complete the School Bus Refurbishment
				Program before being qualified for the School Bus Purchase Program. If a school
				bus fails the minimum field joint visual inspection qualification for the
				School Bus Refurbishment Program, the bus may qualify for the School Bus
				Purchase Program.
2. The minimum
				qualifications to apply for a school bus replacement are:
A. Passenger vans shall have a minimum of
				seven (7) years useful life and accumulated 100,000 miles. End of life
				passenger vans shall be replaced by Type A or Type C school bus.
B. Type A school buses shall have a minimum
				of ten (10) years useful life and accumulated 125,000 miles. Type A school
				buses shall be replaced by Type A, Type C, or Type D school bus.
C. Type C (conventional) school buses shall
				have a minimum of ten (10) years useful life and accumulated 125,000 miles.
				Type C school buses shall be replaced by Type A, Type C, or Type D school
				bus.
D. Type D (transit style)
				school buses shall have a minimum of fourteen (14) years useful life and
				accumulated 245,000 miles. Type D school buses shall be replaced by Type A,
				Type C, or Type D school bus.
E.
				SAUs that purchase Type D buses through the School Bus Purchase Program must:
(1) Provide a school bus preventative
				maintenance program,
(2) Employ or
				contract with school bus mechanics,
(3) Be capable of stocking school bus parts,
				and
(4) Use the fleet maintenance
				module of the state issued School Transportation Operations Program
				software.
F. The
				existing end of life bus shall be decommissioned and removed from fleet service
				within one year of the SAU taking possession of the new approved school bus. If
				a SAU does not retire the existing end of life bus during the one year time
				period, subsidy for the approved bus purchase will be cancelled.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 85 - SCHOOL BUS PURCHASE PROGRAM › Section 071-85-4 - Types of Program Applications

Current through 2024-29, July 17, 2024
1.
School bus
				replacement
A. A school bus replacement
				standard application may be submitted when an existing bus is at or near the
				end of useful life. Refer to the minimum addition to fleet program
				qualifications.
B. A school bus
				replacement emergency application may be submitted when a school bus is damaged
				beyond economic repair due to accident, fire, vandalism or other sudden total
				loss.
C. School bus replacement
				standard applications require the SAU to decommission and remove end of useful
				life school buses from fleet service within one year of the SAU taking
				possession of new approved school buses.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 85 - SCHOOL BUS PURCHASE PROGRAM › Section 071-85-5 - Minimum Procedures for SAUs to Participate in the School Bus Purchase Program

Current through 2024-29, July 17, 2024
1.
SAUs
				Application
A. SAUs that choose to
				apply to the School Bus Purchase Program shall submit applications to the
				Department between November 1st and November
				25th.The application dates will not be extended. SAU
				applications for new school bus purchases occur annually.
B. SAUs shall submit bus request applications
				online using the Department's data system transportation module.
C. SAUs may submit school bus replacement
				applications, addition to fleet applications, or both types of applications
				during each annual program cycle.
D. SAUs may submit school bus addition to
				fleet applications in response to an emergency or special bus need
				situation.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 85 - SCHOOL BUS PURCHASE PROGRAM › Section 071-85-6 - Records Retention

Current through 2024-29, July 17, 2024
1. SAUs shall
				maintain current and complete copies of all school bus purchase documents for
				each vehicle and present these documents to the Department for review, upon
				request, along with a statement of compliance.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 86 - MAINE UNIFORM SCHOOL BUS SPECIFICATIONS › Section 071-86-1 - Purpose

Current through 2024-29, July 17, 2024
1. The purpose of this rule is to establish
				minimum uniform state school bus specifications to aid school administrative
				units (SAUs) in obtaining safe, cost effective transportation.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 86 - MAINE UNIFORM SCHOOL BUS SPECIFICATIONS › Section 071-86-2 - Definitions

Current through 2024-29, July 17, 2024
1. School bus is defined by
				29-A M.R.S.
				§2301(5).
2. School bus operator, also known as school
				bus driver, is defined by
				29-A M.R.S.
				§2301.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 86 - MAINE UNIFORM SCHOOL BUS SPECIFICATIONS › Section 071-86-3 - Minimum Specifications for School Buses

Current through 2024-29, July 17, 2024
1.
				The Department adopts the
National School Transportation Specifications
				and Procedures 2015
as enacted by the 16th National Congress on School
				Transportation and with some exceptions specific to Maine. The following
				exceptions apply:
A. Bus body and chassis
				specifications, color, section C of the
National School Transportation
				Specifications and Procedures 2015
.
(1) Roof color exception: a white roof on a
				school bus is not a state school bus specification.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 86 - MAINE UNIFORM SCHOOL BUS SPECIFICATIONS › Section 071-86-4 - School Bus Purchase Requirements

Current through 2024-29, July 17, 2024
1. The vehicle
				manufacturer is responsible for certifying school bus compliance with
				applicable federal standards and installing a certification plate or label in
				the driver's area on each vehicle.
2. School buses purchased shall,
at a
				minimum
, conform to the
Maine Uniform School Bus
				Specifications
.
3. SAUs
				may purchase a school bus without using the State School Bus Purchase Program.
A. Competitive bidding shall be accomplished
				for all school bus purchases according to
				20-A M.R.S.
				§5402.
B. School bus bid specifications may not be
				written to exclude any manufacturer of school bus body or chassis.
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-II - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Abbreviated school
				day
- Abbreviated school day means any day that a child eligible under
				this chapter attends school or receives educational services for less time than
				age/grade peers without disabilities within the same school and/or school
				program.
2.
Accommodations.
Accommodations mean
				changes in the manner in which instruction and assessment is delivered that
				does not alter the curriculum level expectation being measured or
				taught.
3.
Adverse effect/Adversely affects.
The word "adverse"
				commonly means "harmful, impeding, obstructing, or detrimental." To "adversely
				affect" means to have a negative impact that is more than a minor or transient
				hindrance, evidenced by findings and observations based on data sources and
				objective assessments with replicable results. An adverse effect on educational
				performance does not include a developmentally appropriate characteristic of
				age/grade peers in the general population.
4.
Assessment.
For children B-2,
				assessment means the ongoing procedures used by appropriate qualified personnel
				throughout the period of a child's eligibility under Part C of IDEA to
				identify:
A. The child's unique strengths and
				needs and the services appropriate to meet those needs; and
B. The resources, priorities, and concerns of
				the family and the supports and services necessary to enhance the family's
				capacity to meet the developmental needs of their infant or toddler with a
				disability. [303.322(b)(2)]
For children 3 to twenty, assessment under Part B
				  means the ongoing procedures used by appropriately qualified personnel to
				  measure the educational and functional achievement of students as related to
				  their IFSP or IEP goals and on State and district-wide tests, which are aligned
				  with Maine's Learning Results.
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-VI - INDIVIDUALIZED PLAN TEAM MEMBERSHIP

Current through 2024-29, July 17, 2024
1.
Individual
				Family Service Plan (IFSP) Team for Children with Disabilities B-2
A. Advance Written Notice, Accessibility and
				convenience of meetings
IFSP Meetings must be conducted in settings and at times that
				  are convenient to families; and in the native language of the family or other
				  mode of communication used by the family, unless it is clearly not feasible to
				  do so. Meeting arrangements must be made with, and written notice provided to,
				  the family and other participants early enough before the meeting date to
				  ensure that they will be able to attend. [34 CFR
				  303.342(d)]
A copy of the notice of the IFSP Team meeting shall
				  be placed in the child's education record.
A copy of the evaluation report must be provided to
				  the parents at least 3 days prior to the IFSP Team meeting at which the
				  evaluation will be discussed.
The reports of all evaluations conducted at the SAU's
				  request shall be provided to the service coordinator of each regional CDS
				  site.
B. Initial
				and Annual IFSP Team Meetings for Children B-2 [34 CFR 303.343 (a and
				b)].
(1) Each initial meeting and each annual
				meeting to evaluate the IFSP must include the following participants:
(a) The parent or parents of the
				child;
(b) Other family members, as
				requested by the parent, if feasible to do so;
(c) An advocate or person outside of the
				family, if the parent requests that the person participate;
(d) The service coordinator who has been
				working with the family since the initial referral of the child for evaluation,
				or who has been designated by the public agency to be responsible for
				implementation of the IFSP and has written authorization to obligate the IEU's
				human and fiscal resources;
(e) A
				person or persons directly involved in conducting the evaluations and
				assessments; and
(f) As
				appropriate, persons who will be providing services to the child or family.
The IFSP Team composition must be the parent and two or more
				  individuals from separate disciplines or professions with one of these
				  individuals being the service coordinator. [34 CFR
				  303.24]
(2) If a person directly involved in
				conducting the evaluations and assessments is unable to attend a meeting,
				arrangements must be made for the person's involvement through other means,
				including:
(a) Participating in a telephone
				conference call;
(b) Having a
				knowledgeable authorized representative attend the meeting; or
(c) Making pertinent records available at the
				meeting.
C.
				Periodic review. Each periodic review must provide for the participation of
				persons in paragraphs (B)(1)(a-d). If conditions warrant, provisions must be
				made for the participation of other representatives from B.1. above.
				[20 USC
				1436 (b)]
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-VII - ELIGIBILITY CRITERIA AND PROCEDURES FOR DETERMINATION

Current through 2024-29, July 17, 2024
1.
Eligibility Criteria for Children
				B-2
A. Developmental Delay
(1) Definition. An infant or toddler with a
				disability means an individual under three years of age who needs early
				intervention services because the individual is experiencing developmental
				delays, as measured by appropriate diagnostic instruments and procedures in one
				or more of the areas of cognitive development, physical development,
				communication development, social or emotional development, and adaptive
				development; or has a diagnosed physical or mental condition that has a high
				probability of resulting in developmental delay, includes conditions such as
				chromosomal abnormalities; genetic or congenital disorders; sensory
				impairments; inborn errors of metabolism; disorders reflecting disturbance of
				the development of the nervous system; congenital infections; severe attachment
				disorders; and disorders secondary to exposure to toxic substances, including
				fetal alcohol syndrome. [20
				USC 1432(5)(A)]
For children B-2 with diagnosed physical or mental
				  conditions that are not included in the list in the definition above, each
				  child's diagnostic evaluation must include demonstration that the child has a
				  high probability to have a developmental delay resulting from that condition.
				  The diagnostic evaluation of that condition will demonstrate the severity and
				  chronicity of the condition which can then be discussed by the team to
				  determine its impact on eligibility.
The level of developmental delay required for
				  eligibility will be defined as any of the following (unless the measures used,
				  such as hearing and vision tests, have different criteria for establishing
				  abnormal development):
(a)
A delay of at least 2.0 or more standard deviations below the mean in
				at least one of the five areas of development listed above;
				or
(b)
A delay of
				at least 1.5 standard deviations below the mean in at least two of the five
				areas of development listed in 1(A)(1), above. [20 USC
				1435(a)(1)]
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-VIII - ELIGIBILITY FOR FAPE FOR FIVE YEAR OLDS BY IEP TEAM DETERMINATION

Current through 2024-29, July 17, 2024
The Child Development Services System shall provide
				  free., appropriate public education to a preschool child with disabilities who
				  reaches 5 years of age between July 1st and October
				  15th if that child is already receiving free,
				  appropriate public education through the Child Development Services System and
				  the child's individualized education program team determines, in accordance
				  with rules adopted by the commissioner in subsections
				  1 and
				  2 below, that it is in the best
				  interest of the child not to enroll that child in kindergarten until the start
				  of the following school year. A child is considered to have been already
				  receiving FAPE services through CDS if they were counted in the prior year's
				  December 1st Child Count.
				  [20-A
				  MRSA §7001(2-A)]
1.
In accordance
				with 20-A MRSA
				§7001(2-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;
2.
The "best meets the individual
				needs of the child" standard may not be equivalent to the "free and appropriate
				public education" standards 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
3.
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".
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-XIII - GENERAL SUPERVISION SYSTEM

Current through 2024-29, July 17, 2024
1.
Department Approval.
Children with
				disabilities from birth to age 20 may be served only in schools and/or programs
				that have been approved by the Department for the provision of early
				intervention, special education and related services. To determine if schools
				or programs meet all applicable provisions outlined in Title
				20-A
				MRSA §7001 and §
										7204(4),
				monitoring of each school administrative unit, regional early intervention or
				special education program, State-operated special education program, and
				special purpose private school shall be conducted by the Maine Department of
				Education.
Using data and quantitative key compliance and
				  performance indicators to be determined by the Department, representatives of
				  the Commissioner shall collect data and report on every SAU program at least
				  once during the six year period of the State's Performance Plan. Site visits
				  shall be conducted when it is determined by the Commissioner that additional
				  oversight or technical assistance is necessary to ensure compliance with
				  federal and State special education requirements.
The primary focus of
the Department's
General Supervision System shall be on-
A. Improving educational results and
				functional outcomes for all children with disabilities; and B. Ensuring that
SAUs
meet the program requirements under
this
				rule
with particular emphasis on those requirements that are most
				closely related to improving educational results for children with
				disabilities.
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-XIV - EDUCATION RECORDS

Current through 2024-29, July 17, 2024
1.
General Principles: Confidentiality Requirements
Each school administrative unit shall adopt and
				  implement procedures to protect the confidentiality of student records, in
				  accordance with the federal Family Educational Rights and Privacy Act of 1974
				  and the Individuals with Disabilities Education Act.
NOTE: Copies of the Family Educational Rights and
				  Privacy Act and the Individuals with Disabilities Education Act are available
				  from the Special Services Team, Maine Department of Education.
2.
Definitions
The following terms shall have the definitions set forth here
				  for purposes of these rules:
Destruction means physical destruction or removal of personal
				  identifiers from information so that the information is no longer personally
				  identifiable.
Education records means the type of records covered under the
				  definition of educational records in 34 CFR Part 99 (regulation implementing
				  the Family Educational Rights and Privacy Act of 1974, [(FERPA)
				  20 USC
				  1232g]
Participating agency means any agency or institution which
				  collects, maintains, or uses personally identifiable information, or from which
				  information is obtained,
under these rules.
[34 CFR
				  300.611]
3.
Access rights
Each SAU must permit parents to inspect and review any
				  education records relating to their child which are collected, maintained, or
				  used by the SAU under these regulations. The SAU must comply with a request
				  without unnecessary delay and before any meeting regarding an IEP or any
				  hearing pursuant to 34 CFR
				  300.507 or
				  300.530 through
				  300.532, or resolution session
				  pursuant to 34 CFR
				  300.510, and in no case more than 45 days
				  after the request has been made under Part B and no more than 10 days after the
				  parent makes the request to inspect and review records under Part C
				  [34 CFR
				  303.405(a)] .
The right to inspect and review education records under this
				  section includes:
A. The right to a
				response from the SAU to reasonable requests for explanations and
				interpretations of the records;
B.
				The right to request that the SAU provide copies of the records containing the
				information if failure to provide those copies would effectively prevent the
				parent from exercising the right to inspect and review the records;
C. The right to have a representative of the
				parent inspect and review the records.
An SAU may presume that the parent has authority to inspect
				  and review records relating to his or her child unless the agency has been
				  advised that the parent does not have the authority under applicable State law
				  governing such matters as guardianship, separation, and divorce. [34 CFR
				  300.613]
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-XV - PROCEDURAL SAFEGUARDS

Current through 2024-29, July 17, 2024
All SAUs shall adopt and implement procedural
				  safeguards contained in 34
				  CFR 300.500-300.520 and
				  300.530-300.537.
All SAUs must distribute the notice of procedural safeguards set forth
				  in Appendix 1of this rule at the time specified in the notice.
Independent Educational evaluations, Attorneys' fees
				  and discipline are not applicable to children and their families' birth through
				  age two. The parents of a child eligible under the Part C program may determine
				  whether they, their child, or other family members will accept or decline any
				  early intervention service under this rule, and may decline such service after
				  first accepting it, without jeopardizing other early intervention services
				  under this rule.
For Part C, the Dispute Resolution process includes
				  Early Intervention providers.
NOTE: Throughout Appendix 1, areas in which Maine's Special
				  Education Regulations exceed the federal statute are indicated by
				  italics.
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-XVI - DISPUTE RESOLUTION PROCEDURES: (Mediations, Complaints And Hearings)

Current through 2024-29, July 17, 2024
1.
Right to Dispute Resolution,
				Generally
A.
For
				children B-2
(1)
Any parent
				or interested party, including early intervention providers, and including an
				organization or individual from another state, may submit a written request for
				a state complaint to the Department alleging that a regional site has failed to
				comply with State or federal special education law or regulation, or when there
				is a dispute regarding the identification, evaluation, placement or provision
				of appropriate services to a child.
(2)
A parent or SAU may submit a
				request for mediation to the Department to resolve a dispute regarding a
				regional site's compliance with this rule or provision of services in the
				natural environment to a child with a disability.
(3)
A parent or SAU may submit a
				written request for a due process hearing to the Department when there is a
				dispute regarding the identification, evaluation, placement or the provision of
				appropriate services to the child.
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-XIX - WAIVERS

Current through 2024-29, July 17, 2024
1.
Commissioner Waiver of
				Certain Regulations
The superintendent of a school administrative unit or
				  the director of a private school serving children with disabilities may request
				  a waiver of certain regulations. Requests for waivers to the requirements
				  regarding child-teacher ratios, caseload ratios, qualified contracted
				  consultant, or the location of special education programs in chronologically,
				  age-appropriate settings:
A.
Shall be in writing;
B.
Shall include documentation of the
				SAU's or school's efforts to achieve compliance;
C.
Shall state the rationale for
				requesting the waiver;
D.
Shall specify the corrective action to be taken to achieve compliance
				by the beginning of the next school year;
E.
Shall include documentation of
				notification and opportunity to comment provided to the parents of all children
				with disabilities affected by the waiver request; and
F.
Shall include a signed statement
				from the superintendent assuring that all children affected by the waiver are
				receiving a free, appropriate public education (FAPE) consistent with their
				IEPs.
The Commissioner shall review and approve, modify, or
				  disapprove all such requests for a waiver, and provide the response in
				  writing.