reglab/statecodes huggingface dataset:
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-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-two, 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-TWO › 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-TWO › 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-TWO › 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-TWO › Section 071-101-XIII - GENERAL SUPERVISION SYSTEM

Current through 2024-29, July 17, 2024
1.
Department Approval
. Children with disabilities from birth
				to age 22 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-TWO › 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-TWO › 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 1 of 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-TWO › 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-TWO › 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.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 1 - GENERAL PROVISIONS › Section 071-104-1-01 - General Objectives

Current through 2024-29, July 17, 2024
This rule establishes the standards and procedures
					 governing the establishment, implementation, and approval of educational
					 programs for gifted and talented children in each school administrative unit,
					 including needs assessment, identification of students, and program planning,
					 development, delivery and review. Its intent is to provide a framework to
					 assure the establishment of programs in the elementary and secondary schools of
					 each school administrative unit in an appropriate and timely
					 manner.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 1 - GENERAL PROVISIONS › Section 071-104-1-02 - Definitions

Current through 2024-29, July 17, 2024
Commissioner: "Commissioner" shall mean the Commissioner of
					 Education or a designee.
Department: "Department" shall mean the Department of
					 Education.
Gifted and Talented Children: "Gifted and talented
					 children" shall mean those children in grades K-12 who excel, or have the
					 potential to excel, beyond their age peers, in the regular school program, to
					 the extent that they need and can benefit from programs for the gifted and
					 talented. Gifted and talented children shall receive specialized instruction
					 through these programs if they have exceptional ability, aptitude, skill, or
					 creativity in one or more of the following categories:
1. General Intellectual Ability as shown by demonstrated
					 significant achievement or potential for significant accomplishment above their
					 age peers in all academic areas
2. Specific Academic Aptitude as shown by demonstrated
					 significant achievement or potential for significant accomplishment above their
					 age peers in one or more academic area(s)
3. Artistic Ability as shown by demonstrated significant
					 achievement or potential for significant accomplishment above their age peers
					 in the literary, performing, and/or visual arts
NOTE: Children with exceptional General Intellectual
					 Ability and/or exceptional Specific Academic Aptitude usually comprise five
					 percent of the school population. Students with exceptional Artistic Ability
					 usually comprise five percent of the school population. Children in the top two
					 percent of the school population may be considered highly gifted.
Gifted and Talented Educational Program: A "gifted and
					 talented educational program" shall mean a comprehensive, K-12 program that
					 provides specialized instruction beyond that available within the regular
					 school program.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 2 - STANDARDS AND PROCEDURES FOR EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Section 071-104-2-03 - General Requirement

Current through 2024-29, July 17, 2024
Each school administrative unit shall, commencing with the
					 1987-1988 school year, establish a plan for the implementation of gifted and
					 talented educational programs for grades kindergarten through twelve by
					 1991-1992 in the schools operated by the unit.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 2 - STANDARDS AND PROCEDURES FOR EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Section 071-104-2-04 - General Principles for Gifted and Talented Educational Programs

Current through 2024-29, July 17, 2024
Gifted and talented programs in the State are to be based
					 on the following educational principles:
1. Gifted and talented children need to move
				  at their own rate, regardless of chronological age or grade placement;
				  therefore, academic subjects, including the fine arts, shall be taught to them
				  in a manner that allows them to learn at their appropriate instructional level
				  and at their own pace.
2. Gifted
				  and talented children need diversity in their educational experiences;
				  therefore, diverse and appropriate learning experiences shall be offered
				  through a variety of program models, instructional strategies and
				  materials.
3. Gifted and talented
				  children need to be challenged to develop their abilities and potential;
				  therefore, specialized curricula that are advanced, conceptually complex and
				  carefully differentiated from regular curricula shall be provided in lieu of
				  the regular curricula.
4. Gifted
				  and talented children's needs vary as they progress through the elementary and
				  secondary grades; therefore, instructional settings shall be appropriate to
				  their changing needs.
5. Highly
				  gifted and talented children may need further modifications to their
				  educational programs; therefore, appropriate adjustments or alternatives to
				  their gifted and talented programs must be made.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 2 - STANDARDS AND PROCEDURES FOR EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Section 071-104-2-05 - Needs Assessment and Five-Year Phase-In Plan

Current through 2024-29, July 17, 2024
Each school administrative unit shall conduct a needs
					 assessment for the establishment of the gifted and talented program in the
					 schools of the unit, and, commencing with the 1987-1988 school year, establish
					 a plan for phasing in gifted and talented educational programs, K-12, by
					 1991-1992.
By October 31, 1987, each school administrative unit, with
					 the approval of its school board, shall submit to the Department a Five-Year
					 Phase-In Plan on forms provided by the Department. The superintendent of the
					 school unit is responsible for supplying all information necessary for a
					 determination that a plan delineating activities for each year of the five year
					 phase in period has been established for the schools in the unit. The plan
					 submitted must be signed by the superintendent of the school administrative
					 unit certifying that the form contains information that is accurate at the time
					 of reporting, and that the plan will be implemented in a timely fashion.
Each school administrative unit shall annually update its
					 plan on forms provided by the Department and submit it by September 30 of each
					 school year.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 2 - STANDARDS AND PROCEDURES FOR EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Section 071-104-2-06 - Identification: Establishment of Process

Current through 2024-29, July 17, 2024
The superintendent, under policies adopted by the school
					 board, shall establish a process for the identification of children for the
					 gifted and talented program for each school in the school administrative unit.
					 Each school unit shall conduct an initial screening and, thereafter, an annual
					 review of the K-12 school population to ensure that all children have an equal
					 opportunity to be considered for selection and placement in the gifted and
					 talented program. Instruments and procedures used in the identification process
					 shall be as non-discriminatory as possible with respect to race, cultural or
					 economic background, religion, national origin, sex, or handicapping
					 condition.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 2 - STANDARDS AND PROCEDURES FOR EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Section 071-104-2-07 - Screening

Current through 2024-29, July 17, 2024
Screening procedures shall be appropriate to the
					 developmental characteristics of elementary and secondary school children and
					 to the abilities or aptitudes being identified. Each school unit shall
					 establish a procedure that uses a minimum of three assessment methods for each
					 of the three categories in which gifted and talented children are identified.
					 Information derived from any one of the selected screening methods may qualify
					 a child for further consideration.
A.
				  For General Intellectual Ability: The screening procedure shall include
				  objective and subjective assessment methods selected from the following:
1. Objective
a. Individual intelligence, achievement, or
				  aptitude tests
b. Group
				  intelligence, achievement, or aptitude tests
c. For grades K-2, other appropriate methods
				  that have received prior approval from the Commissioner
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 2 - STANDARDS AND PROCEDURES FOR EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Section 071-104-2-08 - Selection

Current through 2024-29, July 17, 2024
Annually, a team of at least three qualified professionals
					 shall select children for placement in the gifted and talented program.
A. The team shall include, but not be limited
				  to, the following staff:
1. An
				  administrator
2. A
				  teacher
3. Another individual, who
				  may be a school employee or another person, who would aid the selection
				  procedure, e.g., an artist for selection of students with artistic ability; a
				  guidance counselor
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 2 - STANDARDS AND PROCEDURES FOR EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Section 071-104-2-09 - Placement

Current through 2024-29, July 17, 2024
Selected children shall be appropriately placed in a gifted
					 and talented program. The superintendent, under policies adopted by the school
					 board, shall establish procedures to accomplish the following:
1. Assure collaboration between the regular
				  classroom teacher and gifted and talented program staff to develop the program
				  that will be provided for selected children.."
2. Notify the superintendent of the children
				  selected for the program.
3.
				  Provide the superintendent a description of the program(s) that will be
				  provided.
4. Notify parents of the
				  eligibility of their child for participation in the program, provide them with
				  a description of the program and obtain written parental permission to place
				  the child in the program.
5.
				  Maintain records on each child's participation in the gifted and talented
				  program.
6. Conduct an annual
				  review of each child's program to evaluate appropriateness of placement and
				  instruction.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 2 - STANDARDS AND PROCEDURES FOR EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Section 071-104-2-10 - Review of Identification

Current through 2024-29, July 17, 2024
The superintendent, under policies adopted by the school
					 board, shall establish a procedure to review the identification of children for
					 the gifted and talented program. Requests for such review may be made to the
					 superintendent for these purposes:
1.
				  To reconsider the eligibility of a child to be selected for inclusion in the
				  gifted and talented program
2. To
				  review the appropriate placement of a child within the program
3. For removal of a child from the
				  program
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 2 - STANDARDS AND PROCEDURES FOR EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Section 071-104-2-11 - Program Personnel

Current through 2024-29, July 17, 2024
Personnel employed in the school unit's gifted and talented
					 program shall be properly certified and possess such other skills as are
					 appropriate and necessary f or the particular assignments within the
					 program.
1. Personnel with overall
				  administrative responsibility for the program shall be certified
				  administrators.
2. Professional
				  staff with teaching, coordinating or consulting responsibilities for the
				  program shall be certified teachers or administrators.
3. other personnel who assist with program
				  activities or who work directly with gifted and talented children may be
				  individuals classified as auxiliary personnel who have received prior approval
				  from the Commissioner.
4. Personnel
				  who are not employed as full- or part-time employees of the school unit but who
				  render instructional or consulting services may work in the capacity of
				  independent contractors. These may include persons sponsored by the Maine Arts
				  Commission in the visiting artist program.
Personnel shall participate in gifted and talented
					 education training experiences appropriate to their program responsibilities
					 and as required and approved by the Department, including, but not limited to,
					 the Department-sponsored Gifted and Talented Summer Training
					 Institute.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 3 - PROCEDURAL REQUIREMENTS › Section 071-104-3-12 - General Purpose

Current through 2024-29, July 17, 2024
This section establishes the procedures for compliance with
					 State requirements for program approval, program reviews, and receipt of State
					 subsidy aid.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 3 - PROCEDURAL REQUIREMENTS › Section 071-104-3-13 - Program Approval: General Principles

Current through 2024-29, July 17, 2024
Each school administrative unit shall apply annually to the
					 Department for approval of its gifted and talented program(s) on forms provided
					 by the Department. The superintendent of the school administrative unit is
					 responsible for supplying all information necessary for a determination that
					 the program is entitled to approval. The application form must be signed by the
					 superintendent of the school administrative unit in which the program is
					 located certifying that the form contains information that is accurate at the
					 time of reporting.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 3 - PROCEDURAL REQUIREMENTS › Section 071-104-3-14 - Program Approval Application

Current through 2024-29, July 17, 2024
The application for Program Approval submitted for
					 September 30, 1987 through September 30, 1990 may represent partial or full
					 implementation of the gifted and talented program in the schools of the unit.
					 As of September 30, 1991, the application for Program Approval must represent
					 full implementation of the gifted and talented program. The following
					 information shall be required and must reflect the degree of implementation at
					 the time of reporting:
1. The school
				  unit's philosophy for the gifted and talented program
2. A program abstract which describes the
				  children to be served and the program(s) to be implemented in the school(s) of
				  the unit
3. The goals, objectives,
				  and activities for each program component, K-12
4. A description of the identification
				  process used: screening, selection, placement, and review policies and
				  procedures
5. The staff development
				  that takes place in order to implement the program(s)
6. A description of the staffing and
				  management of the program(s)
7A
				  description of the annual program self-evaluation process
8. A description of the costs to be incurred
				  to implement the program(s)
9. For
				  those school units requesting approval of allowable costs for State subsidy
				  aid, a budget proposal
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 3 - PROCEDURAL REQUIREMENTS › Section 071-104-3-15 - Approval Status

Current through 2024-29, July 17, 2024
Approval status shall be awarded when the Commissioner
					 determines that the program complies with all approval standards related to the
					 degree of implementation of the program. Upon obtaining approval by the
					 Commissioner, the school unit shall be entitled to operate the gifted and
					 talented program and to receive State subsidy aid in order to implement the
					 program. As of September 30, 1992, approval status shall be awarded when the
					 Commissioner determines that the, program complies with all approval standards
					 and represents the full implementation of the program.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 3 - PROCEDURAL REQUIREMENTS › Section 071-104-3-16 - Annual Program Approval

Current through 2024-29, July 17, 2024
To maintain program approval status, the following
					 information shall be required annually of each school unit:
1. Any information that represents an
				  alteration, addition, or deletion to-any program category (104.14, 1-9) as
				  reported and approved in the original Program Approval Application.
2. Results of the annual self-evaluation
				  process.
Failure to submit required reports and applications in a
					 timely manner shall be grounds for loss of program approval and of State
					 subsidy aid. As of September 30, 1992, such failure to establish educational
					 programs for gifted and talented children in the school administrative unit may
					 result in a finding of noncompliance by the Commissioner, loss of general
					 school approval status, and penalties provided by law.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 3 - PROCEDURAL REQUIREMENTS › Section 071-104-3-17 - Program Review

Current through 2024-29, July 17, 2024
For the purpose of determining compliance with this rule,
					 the Department will conduct periodic reviews of the gifted and talented
					 program(s) in each school administrative unit.
A. Review As a Part of the Comprehensive
				  School Approval Review
At least once in each five-year period, the Department
					 shall conduct a review of the gifted and talented program(s) in the schools of
					 each school administrative unit as a part of the comprehensive review of all
					 schools in the unit. The findings resulting from this review, the program
					 approval application submitted annually by the school unit, and the results of
					 the local, annual, self-evaluation shall be the basis for determining whether
					 the unit, and/or any school within it, is in compliance with gifted and
					 talented program approval standards. These reviews shall be scheduled as part
					 of and pursuant to Chapters 125 and 127 of the Department's rules.
B. Review As a Part of the Special
				  Education Review
The Department may conduct a review as a part of the
					 regularly scheduled Special Education Program Review.
C. Review As a Special Review
The Commissioner may conduct such other reviews of the
					 gifted and talented program in the schools in a school administrative unit as
					 may be appropriate. This may include a review as part of an inspection at any
					 time, pursuant to Title 20-A, section 258-A in order to determine whether the
					 unit is in compliance with gifted and talented program standards. The
					 Commissioner may schedule a comprehensive review as soon as practicable or
					 conduct a more limited review for this purpose.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 3 - PROCEDURAL REQUIREMENTS › Section 071-104-3-18 - Reporting

Current through 2024-29, July 17, 2024
The results of all program reviews and recommendations for
					 the gifted and talented program shall be presented to the superintendent of a
					 school administrative unit and to the commissioner.
Any program which demonstrates approved standards,
					 promising practices, exemplary program models, and/or replicable approaches to
					 programming shall be recognized.
Any program which fails to meet gifted and talented program
					 approval standards for compliance shall be in a probationary status, subject to
					 loss of State subsidy aid for this program, subject to loss of general school
					 approval and shall be required to file with the Commissioner an acceptable
					 written plan of corrective action to be accomplished within a reasonable time.
					 Approval status shall be reinstated upon a determination o f compliance with
					 program approval standards.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 4 - ALLOWABLE COSTS › Section 071-104-4-19 - Allowable Costs for State Subsidy Purposes

Current through 2024-29, July 17, 2024
The costs for a gifted and talented program which has been
					 approved by the Commissioner for State subsidy aid and is a part of the school
					 day, are allowed. These costs may be claimed as a Special Education Program
					 cost in gifted and talented education in lieu of regular Elementary and
					 Secondary Operating Costs and may include the budget categories listed
					 below.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 4 - ALLOWABLE COSTS › Section 071-104-4-20 - Program Personnel

Current through 2024-29, July 17, 2024
The costs of personnel, including contracted salary and
					 benefits, or a portion thereof, are allowed. Staffing options include:
1. Personnel with full time teaching and/or
				  administrative responsibility for the gifted and talented program.
2. Professional staff with full or part time
				  teaching, coordinating and/or consulting responsibility for the gifted and
				  talented program.
NOTE: Full-time staff for the program may use up to 10
					 percent of their time to carry out the program related activities that benefit
					 children other than those participating in the gifted and talented program in
					 order to provide a bridge to the regular school program.
a. The costs, or a portion thereof, of
				  elementary school personnel are allowed if such personnel work a minimum of
				  one-fifth time exclusively In the-gifted and talented program.
Secondary school personnel with coordinating and/or
					 consulting responsibility or who teach a credit-bearing course of specialized
					 instruction in the gifted and talented program may have a percentage of their
					 time included in the annual claim of allowable gifted and talented
					 expenditures. The course taught must have a total maximum enrollment of fifteen
					 (15) identified gifted and talented students per class period and follow a
					 course syllabus approved within the school administrative unit's approved
					 program. The salary and benefits of the teacher are divided by the number of
					 classes scheduled per day in the school schedule. For example, a teacher with
					 one approved class of gifted and talented students out of a seven-period day
					 may have one-seventh (1/7) of his/her salary and benefits included in the claim
					 for allowed costs under this rule.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 4 - ALLOWABLE COSTS › Section 071-104-4-21 - Staff Development

Current through 2024-29, July 17, 2024
The costs of staff development in gifted and talented
					 education for professional staff are allowed. These may include school
					 administrative unit or school in-service programs, training institutes, or
					 conferences.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 4 - ALLOWABLE COSTS › Section 071-104-4-22 - Tuition

Current through 2024-29, July 17, 2024
1. The tuition of certified teachers or
				  administrators to university-level courses in gifted and talented education is
				  allowed for personnel with direct administrative or instructional
				  responsibility for the gifted and talented program. The tuition reimbursement
				  is limited to one course per person per semester.
2. The tuition of students to summer gifted
				  and talented programs which are sponsored by the Department is
				  allowed.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 4 - ALLOWABLE COSTS › Section 071-104-4-23 - Educational Materials and Supplies

Current through 2024-29, July 17, 2024
The costs of educational materials and supplies which are
					 used to implement the gifted and talented program are
					 allowed.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 4 - ALLOWABLE COSTS › Section 071-104-4-24 - Federal and State grant funds

Current through 2024-29, July 17, 2024
Federal and State grant funds used for gifted and talented
					 programs approved by the Commissioner may be included as allowable costs under
					 this program.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 104 - EDUCATION PROGRAMS FOR GIFTED AND TALENTED CHILDREN › Part 4 - ALLOWABLE COSTS › Section 071-104-4-25 - Reports

Current through 2024-29, July 17, 2024
Annual expenditures and claims for the inclusion in the
					 State and local allocation of allowable gifted and talented program
					 expenditures shall be made, following the close of each school fiscal year,
					 using the EF-S-02 Special Education Program report form in accordance with its
					 accompanying instructions under the provisions of the School Finance Act, and
					 pursuant to 20A MRSA Section 8301, sub-section
					 19(c). Only costs
					 allowed and approved by the Commissioner may be claimed.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 112 - PROFESSIONAL STANDARDS BOARD › Section 071-112-1 - Purpose

Current through 2024-29, July 17, 2024
1. The Purpose of the Professional Standards
				Board is to implement MRSA Title 20-A Chapter 502-B §§ 13101-13103,
				establishing Professional Standards Board to advise the State Board regarding
				professional growth, certification, endorsement, authorization and governance
				of the education profession in this State.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 112 - PROFESSIONAL STANDARDS BOARD › Section 071-112-2 - Board Organization and Meetings

Current through 2024-29, July 17, 2024
1. The members
				of the Board shall annually elect a chair and a vice chair from among their
				membership.
a. Elections of officers will
				take place in June of each year and take effect July 1st.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 112 - PROFESSIONAL STANDARDS BOARD › Section 071-112-3 - Conducting Business

Current through 2024-29, July 17, 2024
1.
Quorum
a. A majority of all
				Board voting members shall constitute a quorum.
b. Unless otherwise provided by statute,
Robert's Rules of Order
shall govern the proceedings of all
				Professional Standards Board meetings.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 112 - PROFESSIONAL STANDARDS BOARD › Section 071-112-4 - Initial Convening

Current through 2024-29, July 17, 2024
1. The Board will
				be convened by a chairperson pro tempore appointed by the chair of the State
				Board for the purposes of presenting the Rules and supervising the election of
				a presiding chair who will begin their term immediately upon
				election.