Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 101 - MAINE UNIFIED SPECIAL EDUCATION REGULATION BIRTH TO AGE TWENTY-TWO › Section 071-101-I - POLICY AND PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this rule is to establish and maintain
				  a statewide network that ensures the provisions of child find as set forth in
				  federal law, for Maine families and children age birth to twenty-two.
				  Additionally, this rule sets forth provisions governing the delivery of early
				  intervention services to eligible children age birth to under age three
				  (hereinafter, B-2) and their families, and of a free, appropriate public
				  education to eligible children age three to twenty-two with
				  disabilities.
The Department of Education is designated as the
				  State Educational Agency responsible for carrying out the State's obligations
				  under the federal Individuals with Disabilities Education Act (IDEA),
				  20 United States Code,
				  Section 1400 et seq., as amended. The
				  Department and every school administrative unit, intermediate educational unit,
				  public school, or other public agency that receives federal or State funds to
				  provide early intervention or free appropriate public education services to
				  children age birth to twenty-two with disabilities must comply with the
				  Individuals with Disabilities Education Act, as amended, and all federal
				  regulations adopted thereunder. [
				  20-A
				  MRSA §7006]
Throughout this regulation the Department has
				  reflected the federal statute and regulatory requirements in non-italicized
				  text. The federal IDEA statute has been in effect since December, 2004 and the
				  federal regulations implementing it have been in effect since October 13, 2006.
				  State requirements are in italicized text and reflect additional procedures or
				  timeframes to enhance the federal provisions.
If a term is completely defined in the text of the
				  rule, it is not duplicated in Section
				  II. of this rule.
Every school administrative unit, intermediate
				  educational unit, public school, or other public agency that receives federal
				  or State funds to provide early intervention or free appropriate public
				  education services to children age birth to twenty-two with disabilities must
				  utilize the Department's required forms. An administrative letter will be sent
				  on a yearly basis which will include links to the required
				  forms.
For purposes of this rule, all references to school
				  administrative units (SAUs) include the State intermediate educational unit
				  (IEU), where appropriate. In the same manner, references to SAU personnel
				  include CDS personnel. Also, all references to the local educational agency
				  (LEA) in any federal language included in this rule have been replaced by
				  references to the school administrative unit (SAU) for ease of understanding
				  and consistency with the term used in State law.
1.
Introduction and
				Commitment
This rule is intended to implement the State's
				  obligations under the federal Individuals with Disabilities Education Act
				  (IDEA) 20 USC. §§1400 et seq. as amended, and its implementing
				  federal regulations, 34 CFR Parts 300 and 303, and Maine law, 20-A MRSA
				  Chapters 301, and 303, and amendments thereto. Maine's Part C system implements
				  a
comprehensive, coordinated, multidisciplinary, interagency system
				  providing early intervention services for infants and toddlers and their
				  families.
2.
Non-Discrimination
Children in Maine, birth to twenty-two who have
				  disabilities, may not be excluded from the benefits of services to which they
				  are entitled under IDEA. The Department of Education shall ensure the provision
				  of appropriate services regardless of the nature and severity of the child's
				  disability or developmental delay. A full range of services that are needed to
				  meet the Part C early intervention and Part B free appropriate public education
				  needs of eligible children and their families will be coordinated and delivered
				  in a manner consistent with the practices set forth in this rule and applicable
				  State and federal law and regulation.
The State must ensure that each
				  SAU takes steps to ensure that its children with disabilities have available to
				  them the variety of educational programs and services available to non-disabled
				  children in the area served by the agency, including art, music, industrial
				  arts, consumer and homemaking education, and vocational education.
				  [34 CFR
				  300.110]
In accordance with Title VI of the Civil Rights Act
				  of 1964 (42 USC §§
												2000d et seq.), Section 504 of the
				  Rehabilitation Act of 1973, as amended (29 USC §
												794), the Age
				  Discrimination Act of 1975, as amended (42 USC §§
												6101 et seq.),
				  Title IX of the Educational Amendments of 1972 (20 USC§
												1681 et
				  seq. and the Americans with Disabilities Act of 1990 (42 USC. §§12101
				  et seq.), the Department of Education, regional intermediate educational units,
				  and school administrative units will not discriminate on the basis of sex,
				  race, color, national origin, sexual orientation, disability or age in
				  determining eligibility for services or in their hiring
				  practices.
3.
Approval of Early Intervention and Special Education
				Programs
Early intervention, special education services and
				  related services may be provided to children with disabilities only by
				  qualified individuals in schools and programs which have been approved by the
				  Commissioner. The Commissioner of the Maine Department of Education reviews and
				  approves all early intervention and special education services or proposed
				  services provided by intermediate education units, public or private
				  schools.
The approval of the early intervention or special
				  education programs provided by a school administrative unit or approved private
				  school shall include the Department's review and approval of the special
				  education reports required under
				  20-A
				  MRSA §7204(4) and
				  submitted in the form and manner required by the Commissioner and the program
				  review and technical assistance process specified in Section
				  XII of this
				  rule.