reglab/statecodes huggingface dataset:
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-7 - NOTIFICATION OF INCIDENT

Current through 2024-29, July 17, 2024
1.
Reporting
				to an Administrator or Designee, others
After each incident involving the use of physical restraint
				  or seclusion, a staff member involved shall:
A. Report to the administrator or designee by
				oral notification as soon as possible after each incident, but in no event
				later than the end of the school day of its occurrence, and
B. If the student is receiving his or her
				their education in an out-of-district placement through a tuition agreement or
				other agreement, report the incident to the entity responsible for the
				student's education within 24 hours or by the end of the next business
				day.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-8 - DOCUMENTATION; INCIDENT REPORT

Current through 2024-29, July 17, 2024
1.
Incident
				Report
An "incident" consists of all actions from the time a student
				  begins to create a risk of harm to the time the student ceases to pose a risk
				  of harm and returns their regular programming.
See Sec.
				  (2)(9)
.
A. Each use of
				physical restraint or seclusion must be documented in an incident
				report.
B. The incident report must
				be completed and provided to an administrator or designee;
1) as soon as practical after the
				incident,
2) and in all cases
				within two school days.
C. At a minimum, the incident report
must include
:
1) Student
				name;
2) Age, gender,
				grade;
3) Does the student have an
				Individualized Education or 504 Plan
4) Location of the incident;
5) Date of incident;
6) Date of report;
7) Person completing the report;
8) Beginning and ending time of each physical
				restraint and seclusion;
9)
				Incident start and end time;
10)
				Total time of incident;
11) Total
				number of uses of seclusion within the incident period;
i. Beginning and ending time of each use of
				seclusion within the incident period;
ii. A detailed description of each use of
				seclusion within the incident period;
12) Total number of uses of physical
				restraint within the incident period;
i.
				Beginning and ending time of each use of physical restraint within the incident
				period;
ii. A detailed description
				of each use of physical restraint within the incident period;
13) Description of prior events
				and circumstances;
14) Less
				restrictive interventions tried prior to the use of physical restraint or
				seclusion. If none used, explain why;
15) The student behavior that justified the
				use of physical restraint or seclusion;
16) A detailed description of the physical
				restraint or seclusion used;
17)
				The staff person(s) involved, their role in the use of physical restraint
				and/or seclusion and their certification, if any, in an approved training
				program;
17) Description of the
				incident, including the resolution and process of return to program, if
				appropriate;
18) Whether the
				Student has an:
a. IEP;
b. 504 plan;
c. behavior plan;
d. IHP; or
e. other plan;
19) If a student or staff sustained bodily
				injury, the date and time of nurse or response personnel notification and the
				treatment administered, if any;
20)
				If a staff member sustained bodily injury, the date and time of nurse or
				response personnel notification and the treatment administered, if
				any;
21) Date, time, and method of
				parent notification; and
22) Date,
				time of staff debriefing.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-9 - RESPONSE TO THE USE OF PHYSICAL RESTRAINT OR SECLUSION

Current through 2024-29, July 17, 2024
1.
Debriefing
A. Following each incident involving the use
				of physical restraint or seclusion, the covered entity shall ensure that,
				within two school days, an administrator or designee reviews the incident:
1) With all staff persons who implemented the
				use of physical restraint or seclusion to discuss:
i. Whether the use of restraint or seclusion
				was implemented in compliance with this rule and local policies, and
ii. How to prevent or reduce the future need
				for physical restraint and/or seclusion; and
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-10 - CUMULATIVE REPORTING

Current through 2024-29, July 17, 2024
1.
Building
				level reporting, and analysis
A cumulative report by building must be made to the
				  superintendent or chief administrator on a quarterly and annual basis to
				  include:
A. Seclusion:
1) total number of incidents
see Sec.
				(2)(9)
that include the use of seclusion;
2) the aggregate number of uses of seclusion;
20-A M.R.S.A. §
												4014(3)(B)
3) the aggregate number
				of students placed in seclusion;
20-A M.R.S.A. §
												4014(3)(D)
4) the aggregate number
				of students with disabilities and an individualized education program under the
				federal
Individuals with Disabilities Education Act
,
				20 United States Code,
				Section 1401
et seq
. (2015)
				or a plan pursuant to the federal
Rehabilitation Act of 1973
,
				29 United States Code,
				Section 701
et seq
. placed
				in seclusion;
20-A M.R.S.A. §
												4014(3)(F)
5) the aggregate number
				of serious physical injuries to students related to seclusion;
20- A
				M.R.S.A. §
												4014(3)(H)
6) the aggregate number
				of serious physical injuries to staff related to seclusion;
20-A
				M.R.S.A. §
												4014(3)(J)
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-11 - COMPLAINT PROCESS

Current through 2024-29, July 17, 2024
1.
Local
				Complaint Process
Parent complaints related to restraint and seclusion must be
				  submitted to the covered entity in accordance with local policy and
				  procedure.
2.
Department of Education Complaint Process
Any parent who is dissatisfied with the result of the local
				  complaint process may file a complaint with the Department of Education
				  (DOE),
A. which A complaint is not
				considered an appeal of that local process.
B. The Department shall review the results of
				the local complaint process and may initiate its own investigation of the
				complaint, and Within 60 days of receiving the complaint:
1) The DOE shall review the results of the
				local complaint process and
may
initiate its own investigation
				of the complaint.
2) The DOE shall
				issue to the complaining complainant parent and the covered entity a written
				report with specific findings within 60 days of receiving the complaint.
i. If a violation is found, the Department
				shall develop a corrective action plan by which the entity will achieve
				compliance.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-12 - STAFF TRAINING; APPROVED PROGRAMS

Current through 2024-29, July 17, 2024
The Department of Education shall maintain a directory of
				  approved training programs on its website at
http://maine.gov/education/
.
				  The list of approved training programs may include regional training programs
				  and regional "train the trainer" model programs. These training programs must
				  require participants to demonstrate competency to achieve certification, and
				  must include instruction in at least the following core components:
1. The use of non-physical interventions for
				responding to potentially dangerous behaviors, including de-escalation and the
				use of positive alternatives;
2.
				Identification of dangerous behaviors that may indicate the need for physical
				restraint or seclusion and methods for evaluating the risk of harm to determine
				whether such interventions are warranted;
3. Instruction and simulated experience in
				administering safe physical restraint techniques across a range of increasingly
				restrictive interventions, including the safe movement of a student, and in
				recognizing and avoiding positions involving a high risk of restraint-related
				positional asphyxia (restricting a student's ability to breathe);
4. The effects of physical restraint and
				seclusion on a student, including monitoring physical and psychological signs
				of distress and when to obtain medical assistance in compliance with the
				covered entity's procedures for emergency interventions;
5. The risks and realities of physical
				restraint and seclusion; and
6. A
				review of the process of student and staff debriefing.
Each covered entity shall ensure that a sufficient number of
				  administrators or designees, general and special education staff, maintain
				  certification in an approved training program. A list of staff with the
				  required approved training must be made available in each building office, as
				  well as any central office, along with other school-wide emergency procedures
				  and must be updated at least annually.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION › Section 071-33-13 - DEPARTMENT OF EDUCATION NON-REGULATORY GUIDANCE

Current through 2024-29, July 17, 2024
The Department shall annually ensure that teachers and
				  administrators throughout the State are provided with consistent and accurate
				  information regarding the requirements of this rule.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 38 - SUICIDE AWARENESS AND PREVENTION IN MAINE PUBLIC SCHOOLS › Section 71-38-I - Definitions

Current through 2024-29, July 17, 2024
A. "Gatekeeper" means a person who knows
				basic information about suicide, believes that suicide can be prevented, learns
				basic suicide intervention skills, has the confidence to respond and can assist
				in the aftermath of a suicide.
B.
				"Qualified Trainer" means a person who is trained using national guidelines
				adopted by organizations that offer research-based training in best practice,
				and who actively delivers trainings at least once every three years.
C. "School personnel" means a person required
				to be certified, authorized, or approved by the department under chapter 501 or
				502 of Title 20-A.
D. "Suicide
				Prevention Awareness Education" means a one- to two-hour session on suicide
				prevention awareness that is designed for a general audience, based on accepted
				national models and;
1. Provides a good
				foundation in language use, beliefs and attitudes underpinning suicide
				prevention;
2. Explores common
				warning signs, risk factors and protective factors for suicide; teaches a
				simple intervention to ask individuals about suicide and to connect them with
				appropriate resources; and
3.
				Identifies school and local resources to use for
				intervention.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 38 - SUICIDE AWARENESS AND PREVENTION IN MAINE PUBLIC SCHOOLS › Section 71-38-II - Training requirements and timeline

Current through 2024-29, July 17, 2024
A. All school
				personnel are required to complete in-service suicide prevention awareness
				education training.
1. School personnel in
				high schools and Career and Technical Education (CTE) Regions and Centers, must
				complete the training by the start of the 2014-2015 school year.
2. School personnel in elementary and middle
				schools must complete the training by the start of the 2015-2016 school
				year.
3. School personnel hired
				after the start of the applicable school year must complete the training within
				6 months from the beginning of employment.
4. Suicide prevention awareness education
				training is recommended for volunteers.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 38 - SUICIDE AWARENESS AND PREVENTION IN MAINE PUBLIC SCHOOLS › Section 71-38-III - Application

Current through 2024-29, July 17, 2024
A. All public schools, including charter
				schools, and approved private schools are required to comply with this rule as
				it is a matter of health and safety.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 38 - SUICIDE AWARENESS AND PREVENTION IN MAINE PUBLIC SCHOOLS › Section 71-38-IV - Training qualifications

Current through 2024-29, July 17, 2024
A. Training must be
				delivered by a qualified trainer who must be current with suicide prevention
				and intervention training and have completed training on how to deliver a
				suicide awareness presentation.
B.
				Any training required by this rule must conform to national guidelines adopted
				by organizations that offer best practice, research-based training.
C. Training pursuant to this rule must count
				toward satisfaction of professional development requirements for the department
				and certification requirements for teachers and other professional personnel
				under chapters 501 and 502.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 38 - SUICIDE AWARENESS AND PREVENTION IN MAINE PUBLIC SCHOOLS › Section 71-38-IV - Protocols for suicide prevention and intervention

Current through 2024-29, July 17, 2024
A.
				School administrative units shall have protocols for suicide prevention and
				intervention and counseling services after an incident of youth suicide.
1. Protocols shall be based on the best
				practices established and maintained by the National Alliance on Mental Illness
				Maine or a similar organization authorized by the Department of Health and
				Human Services through its suicide prevention program and the Maine Department
				of Education.
2. The protocol
				development resources developed by the department will provide protocol
				templates, models and examples of forms, protocols and flow charts that can be
				adapted as needed by SAUs.
3. The
				SAUs will certify to the Maine Department of Education that the required
				protocols are in place.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 40 - RULE FOR MEDICATION ADMINISTRATION IN MAINE SCHOOLS › Section 071-40-3 - REQUIRED TRAINING OF UNLICENSED SCHOOL PERSONNEL TO ADMINISTER MEDICATION

Current through 2024-29, July 17, 2024
A. Any unlicensed
				school personnel who administer medication to a student in a school setting
				must be trained in the administration of medication before being authorized to
				carry out this responsibility. Following the initial training, a training
				review and information update must be held at least annually for those staff
				members authorized to administer medications.
B. The training must be provided by a
				registered professional nurse or physician.
C. The training on administration of
				medication must include the following components:
i. Current laws and school policies related
				to medication administration,
ii.
				Resources available to staff regarding medication administration,
iii. Basic anatomy of routes of medication
				(ex. gastro-intestinal route, lung, ear, eye, and nose),
iv. Basic classification of
				medications,
v. Common medications
				with side effects,
vi. How to read
				a medication label,
vii. How to
				document medications administered and medication errors,
viii. The five rights of medication
				administration (right student, right medication, right dose, right time, and
				right route),
ix.
				Procedure/protocols for administering medication(s),
x. Signs and symptoms of
				anaphylaxis,
xi. Signs and symptoms
				of adverse effects,
xii. Responding
				to emergencies,
xiii. Working with
				parents, and
xiv. Protecting the
				confidentiality of student health information.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 40 - RULE FOR MEDICATION ADMINISTRATION IN MAINE SCHOOLS › Section 071-40-5 - EPINEPHRINE GUIDELINES

Current through 2024-29, July 17, 2024
A.
A
				Life-threatening Allergy Protocol
is required for all schools which must
				be available on the governing body's publicly accessible website or the
				publicly accessible website of each school under the governing body's
				jurisdiction. School protocol must include steps taken to prevent exposure,
				training frequency, designated staff, record keeping, and reporting. [20-A MRSA
				§ 6305(9) ]
B.
Without a
				Collaborative Practice Agreement in place,
a trained unlicensed school
				staff member can administer epinephrine only to a specific student as part of
				that student's individual health plan (IHP) with a prescription specific to
				that student. A school nurse may administer epinephrine to any person whom they
				believe to be experiencing anaphylaxis so long as there is a standing order
				from the school health advisor for this purpose. [20-A MRSA § 6305(5)
				]
C.
With an optional
				Collaborative Practice Agreement in place,
designated unlicensed school
				personnel may administer an epinephrine auto-injector in good faith to any
				student experiencing anaphylaxis during school or a school-sponsored activity.
				A collaborative practice agreement must be renewed annually. [20-A MRSA §
				6305(3) ]
D. Students with a
				medically documented known allergy and risk of anaphylaxis should have an
				individualized health plan in place.
E. Training for school staff shall include
				common allergens, causes and signs of anaphylaxis, prevention, how to recognize
				anaphylaxis, and how to administer epinephrine auto injector.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 40 - RULE FOR MEDICATION ADMINISTRATION IN MAINE SCHOOLS › Section 071-40-6 - NALOXONE GUIDELINES

Current through 2024-29, July 17, 2024
A. Having a policy
				and protocol for the administration of naloxone to any individual suspected of
				experiencing an opioid related overdose on school grounds is not required but
				is allowed and encouraged in the event a person is suspected of experiencing an
				opioid overdose on school grounds in order to prevent death. [20-A MRSA §
				6307 ]
B. Without a Collaborative
				Practice Agreement in place, naloxone shall only be administered by a licensed
				healthcare personnel within a school whose scope of practice includes
				recognizing signs of overdose and administration of medication. [20-A MRSA
				§ 6307(5) ]
C.
With a
				Collaborative Practice Agreement,
any trained school personnel may carry
				and administer naloxone on school grounds to any person experiencing a
				suspected opioid overdose if the school nurse is not present. [20-A MRSA §
				6307(3) ]
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 40 - RULE FOR MEDICATION ADMINISTRATION IN MAINE SCHOOLS › Section 071-40-7 - REPORTING

Current through 2024-29, July 17, 2024
A. Each school administrative unit and
				approved private school is encouraged to submit to the Department of Education,
				on a form developed by the Department, a report of each incident in the school
				administrative unit or the approved private school or at a school event
				involving a severe allergic reaction or the administration of an epinephrine
				autoinjector or administration of naloxone for a suspected opioid overdose;
				and
B. The Department may request
				reports on medication administration in schools.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 41 - OFFERING INSTRUCTION RELATED TO CARDIOPULMONARY RESUSCITATION AND THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR IN MAINE PUBLIC SCHOOLS › Section 071-41-1 - Definitions

Current through 2024-29, July 17, 2024
1.
Automated external defibrillators
				(AED)
- a portable defibrillator designed to be automated such that it
				can be used by persons without substantial medical training who are responding
				to a cardiac emergency to produce defibrillation by application of brief
				electroshock to the heart.
2.
Cardiopulmonary resuscitation (CPR)
- the manual application of
				chest compressions and ventilations to patients in cardiac arrest, done in an
				effort to maintain viability until advanced help arrives.
3.
Certified CPR or AED
				instructor
-A person who has current training in the discipline of the
				Instructor Course, and is proficient in all the skills of that
				discipline.
4.
Designee
-A person selected by the school or who volunteers to
				carry out a duty or role.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 41 - OFFERING INSTRUCTION RELATED TO CARDIOPULMONARY RESUSCITATION AND THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR IN MAINE PUBLIC SCHOOLS › Section 071-41-2 - Standards

Current through 2024-29, July 17, 2024
Standards for instruction in CPR and AED use shall be based
				  on the programs established by the American Heart Association or the American
				  Red Cross or another program that is nationally recognized and uses the most
				  current national evidence-based emergency cardiovascular guidelines and
				  incorporates psychomotor skills development into the instruction. The standards
				  for instruction in AED use may not require the use of an AED but must include
				  an explanation of AED use.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 41 - OFFERING INSTRUCTION RELATED TO CARDIOPULMONARY RESUSCITATION AND THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR IN MAINE PUBLIC SCHOOLS › Section 071-41-3 - Requirements and timeline

Current through 2024-29, July 17, 2024
1. Public schools
				including charter schools shall offer training to students in middle or high
				school on how to perform cardiopulmonary resuscitation and use automated
				external defibrillators. Age-appropriate instruction prior to middle school is
				recommended but is not required.
2. Examples of how the training may be
				delivered in schools include:
A. A licensed
				teacher or designee can show a CPR/AED training video and lead the instruction
				for students to practice compressions on CPR dummies or a simulation on a
				deflated ball.
B. Instruction is
				part of the middle or high school health education curriculum taught by:
i. a certified health education teacher
ii. a certified school nurse
iii. a qualified community or
				agency volunteer such as an EMT, health care professional, or instructor in the
				American Heart Association or the American Red Cross or another program that is
				nationally recognized.
C. Instruction is offered during an
				extracurricular activity time before, during or afterschool by a qualified
				instructor (as defined in Section 3.3.B above)
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 41 - OFFERING INSTRUCTION RELATED TO CARDIOPULMONARY RESUSCITATION AND THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR IN MAINE PUBLIC SCHOOLS › Section 071-41-4 - Application

Current through 2024-29, July 17, 2024
All public schools, including charter schools are required to
				  comply with this rule as it is a matter of health and safety.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 41 - OFFERING INSTRUCTION RELATED TO CARDIOPULMONARY RESUSCITATION AND THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR IN MAINE PUBLIC SCHOOLS › Section 071-41-5 - Trainer qualifications

Current through 2024-29, July 17, 2024
1. A licensed
				teacher is not required to be certified as a CPR or AED trainer in order to
				facilitate or oversee CPR or AED instruction.
2. A licensed teacher is not required to be
				certified as a CPR or AED trainer in order to facilitate, provide or oversee
				hands only CPR instruction and/or AED awareness training.
3. A course that results in CPR and AED
				certification card must be taught by a certified CPR or AED instructor.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 45 - RULE FOR VISION AND HEARING SCREENING IN MAINE PUBLIC SCHOOLS › Section 071-45-2 - School Nurse Responsibility

Current through 2024-29, July 17, 2024
A. The school nurse
				will provide direction and oversight for the health screening program in the
				school.
B. The school nurse will
				report annually to the Department to include the number of students screened by
				type of health screening, the number of students referred, and the number of
				referred findings that were confirmed.
C. The school nurse will follow up with those
				referred for further evaluation and potential treatment.
D. The school nurse will follow up with the
				parents of students referred to determine the outcome of the
				referral.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 45 - RULE FOR VISION AND HEARING SCREENING IN MAINE PUBLIC SCHOOLS › Section 071-45-3 - General Guidelines

Current through 2024-29, July 17, 2024
A. A student whose
				parent objects in writing to screening on religious grounds shall not be
				screened unless a sight or hearing defect is reasonably apparent.
B. It is recommended that health screening
				occur early in the school year. Preschool screening must be completed within
				thirty (30) days of the start of school.
C. Health screening of students outside the
				grade level required for screening should occur upon referral from teachers or
				with presentation of signs or symptoms of a problem.
D. Students transferring to the school
				without record of previous screening should be screened.
E. When a trained, unlicensed individual
				conducts the initial screening, rescreening of failures must be conducted by
				the school nurse before a referral is made.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 45 - RULE FOR VISION AND HEARING SCREENING IN MAINE PUBLIC SCHOOLS › Section 071-45-4 - Vision Screening

Current through 2024-29, July 17, 2024
A. A school shall
				screen using evidence-based, optotype-based screening, or evidence- based,
				instrument-based screening.
B.
				Certain children should bypass vision screening and be referred directly to an
				eye specialist for a comprehensive examination because these children have a
				higher rate of vision problems. The school nurse may determine which children
				should be referred directly. Some reasons for bypass may include:
i. readily recognized eye abnormalities such
				as, but not limited to, strabismus or ptosis;
ii. a known diagnosis of a neurodevelopmental
				disorder such as hearing impairment, cerebral palsy, autism spectrum disorders,
				or speech delay;
iii. systemic
				diseases known to have associated eye disorders such as diabetes and juvenile
				rheumatoid arthritis.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 45 - RULE FOR VISION AND HEARING SCREENING IN MAINE PUBLIC SCHOOLS › Section 071-45-5 - Hearing Screening

Current through 2024-29, July 17, 2024
A. Hearing
				screening will be conducted in preschool, kindergarten and grades 1, 3, and 5.
B. A pure tone audiometer will be
				used to screen hearing.
C. The pure
				tone audiometer must meet or exceed specifications for type 4 audiometers as
				defined by the American National Standards Institute (ANSI) S3.6- 996 (revision
				of S2.6-1989). Each audiometer shall be calibrated annually and tested prior to
				use to determine if it is working properly.
D. Students will be screened in both ears at
				25dB with a sweep check at 1000 Hz, 2000 Hz, and 4000 Hz. Screening at 500 Hz
				is recommended, but not required.
E. Screening should be performed in a quiet
				environment because ambient noise can affect test performance
				significantly.
F. If the child does
				not pass the screening, earphones should be removed and instructions carefully
				repeated to the child to ensure proper understanding and attention to the test
				and then rescreened with earphones repositioned. It is recommended that a
				hearing rescreen occur in 2 - 4 weeks for students who fail.
G. A student will be considered to fail and
				will need to be referred for further evaluation by a health care provider when
				the student is unable to hear any of the frequencies in either earat
				25dB.
H. Students who fail the
				hearing screening will be referred to their parents and provided with a
				referral form to bring to their health care provider.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 52 - GRANT APPLICATION AND AWARD PROCEDURE FUND FOR SCHOOL MEAL EQUIPMENT AND PROGRAM IMPROVEMENT

Current through 2024-29, July 17, 2024
The
				adopted version of this chapter by
				filing
				2024-048, eff.
				3/5/2024 is not yet
				available.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 60 - NEW SCHOOL SITING APPROVAL › Section 071-60-1 - Applicability

Current through 2024-29, July 17, 2024
This rule applies to the siting of all new school
				  construction projects that receive state funding, including major capital
				  improvement projects as defined in Maine Department of Education Reg. 61 (April
				  4, 2000) if the major capital improvement projects are not additions to
				  existing schools and are projects that receive state funding.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 60 - NEW SCHOOL SITING APPROVAL › Section 071-60-2 - Request for Site Approval

Current through 2024-29, July 17, 2024
School administrative units requesting site approval must
				  submit the application materials described in Maine Department of Education
				  Reg. 61, Rules for School Construction Projects, Section
				  4 no later than one month prior to the
				  meeting of the State Board of Education at which the request is scheduled to be
				  considered.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 60 - NEW SCHOOL SITING APPROVAL › Section 071-60-3 - Considerations

Current through 2024-29, July 17, 2024
When reviewing a request for site approval, the State Board
				  of Education must consider the following:
A. the adequacy of the site to provide for
				the long-term educational program space needs and playfield requirements of the
				school administrative unit;
B. the
				comprehensive enrollment analysis for the school administrative unit;
C. a comprehensive and complete
				"Renovation-vs.-New-Analysis" of the existing building and site;
D. community involvement in the selection
				process;
E. site development costs,
				both on and off the primary location of the project;
F. the impact on student transportation,
				vehicular traffic and student safety;
G. the allowance for future
				expansion;
H. the proximity to
				power, water, and sewerage facilities;
I. subsurface analyses of soils and
				ledge;
J. the survey of the site
				for wetlands; and
K. the
				environmental issues related to the site.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 60 - NEW SCHOOL SITING APPROVAL › Section 071-60-4 - Additional Considerations Required for Requests for New Schools on New Sites

Current through 2024-29, July 17, 2024
A. When a school
				administrative unit's request for site approval specifies that a new school on
				a new site is the school administrative unit's preference, the State Board of
				Education must consider the preferred areas for school siting defined below in
				addition to the considerations listed in (3), above:
i. a locally designated growth area
				identified in the municipality's comprehensive plan adopted pursuant to the
				Maine Revised Statutes, 30-A, chapter 187, subchapter II; and
ii. in the absence of a comprehensive plan:
a. an area that, if served by a public sewer
				system, has the capacity for the school construction project;
b. an area identified by the latest Federal
				Decennial Census as a census-designated place; or
c. a compact area of an urban compact
				municipality.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 60 - NEW SCHOOL SITING APPROVAL › Section 071-60-5 - Review and Decision

Current through 2024-29, July 17, 2024
A. The Construction
				Subcommittee of the State Board of Education must consider all the factors
				listed in (3) and (4), above, before forwarding its recommendation regarding
				the request for site approval to the State Board of Education.
B. When site approval for a new school on a
				new site that is not a preferred area as defined in (4)(A)(i) or (4)(A)(ii),
				above, is recommended by the Construction Subcommittee of the State Board of
				Education, the Sub-committee must provide written justification for its
				recommendation to the State Board of Education. The written justification must
				include any and all considerations that provide the basis for recommending a
				location that is not in a preferred area as defined in (4)(A)(i) or (4)(A)(ii)
				and must be made a part of the written record of the State Board of
				Education.
C. The State Board of
				Education must consider requests for site approval no later than two (2)
				regularly scheduled State Board of Education meetings prior to the State Board
				of Education's consideration of concept approval for the same project as
				defined in Maine Department of Education Reg. 61, Rules for School Construction
				Projects, Section
				1(A)(1).
D. When considering a request for site
				approval, the State Board of Education will involve all appropriate federal,
				state and local agencies. However, the decision regarding final site approval
				rests entirely with the State Board of Education.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 60 - NEW SCHOOL SITING APPROVAL › Section 071-60-6 - Other Considerations

Current through 2024-29, July 17, 2024
The school administrative unit will utilize the
				  best-available practice national standards of the American Society of Heating,
				  Refrigerating and Air Conditioning Engineers (ASHRAE) for inspection,
				  maintenance, ventilation and filtration.
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 071-61-2 - MAJOR CAPITAL SCHOOL CONSTRUCTION PROJECT FLOW CHART, APPLICATION FORM AND SUBMISSION DEADLINES

Current through 2024-29, July 17, 2024
1.
Categories
				of School Construction Projects
A.
				Major Capital School Construction Projects - Major Capital School Construction
				projects are new construction and major renovation projects that meet the
				educational program needs of the school. Costs necessary to bring a building
				into conformance with current state recognized building and safety codes shall
				be included in the project budget.
B. Emergency projects will be dealt with on a
				case-by-case basis as deemed appropriateby the State Board.
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 071-61-4 - PRIORITY LISTS, EVALUATION REPORT AND ADMINISTRATIVE REVIEW

Current through 2024-29, July 17, 2024
1.
Priority Lists
A. The Facilities Team shall develop a
				needs-based Initial Priority List for the Commissioner of those applicants for
				a given rating cycle based on the Rating System outlined in Section
				3 of this Chapter. The Commissioner
				shall recommend a Proposed Priority List to the State Board. The Board will
				receive a Proposed Priority List.
If there are extremely hazardous conditions, the evaluators
				  shall report the matter to the Commissioner who may refer it to the State Fire
				  Marshal or other appropriate authority.
B. The Facilities Team will develop a
				priority list for the Commissioner of those applicants for an integrated,
				consolidated 9-16 educational facility.
Funds used for the integrated, consolidated 9-16 educational
				  facilities selected may not impact the funds that would normally be used for
				  new school construction projects that are prioritized and selected under the
				  current guidelines set forth in this chapter. Implementation of this innovative
				  model would occur only with a specific increase in debt service to create a
				  pool of available funds for the model based on the criteria set forth in
				  Section
				  15 of this
				  rule.
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 071-61-5 - APPROVED PROJECTS LIST

Current through 2024-29, July 17, 2024
After the Final Priority List is established, the
				  Commissioner shall recommend and the State Board shall designate projects from
				  that list that it intends to fund for a given Rating Cycle. This will be the
				  Approved Projects List. The number of designated projects for funding will be
				  determined by available resources. Should resources permit, additional projects
				  may be approved by the State Board and they shall be selected from the Final
				  Priority List.
Placement on the Approved Projects List is an acknowledgement
				  that the pupils in the rated facility have a significant need to be housed
				  under improved circumstances. It does not assure replacement of the
				  facility(ies) that received the rating.
If resources do not allow all the projects on the Approved
				  Projects List to be funded, the unfunded projects will be placed at the top of
				  the Approved Projects List of the next Rating Cycle.
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 071-61-7 - SITE SELECTION

Current through 2024-29, July 17, 2024
To receive Site Approval by the State Board a site must
				  conform to the following requirements:
1.
Site Requirements
School building sites shall have sufficient usable land to
				  provide for the following:
A. Such
				structures as are needed for the education program and any necessary adjunct
				services such as a well or septic system,
B. Safe access for vehicles and pedestrians
				including appropriate separation of private vehicles, school buses and service
				and delivery vehicles,
C.
				Reasonable future additions to the project,
D. Appropriate recreation areas and playing
				fields, and
E. Sufficient parking
				for staff, visitors and reasonable community use.
Site requirements may be met by adding together
				  non-contiguous parcels of land when those parcels safely support the
				  educational programs of the school.
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 071-61-8 - CONCEPT APPROVAL

Current through 2024-29, July 17, 2024
Each SAU developing a construction or renovation project
				  shall complete the work required by the Education Specifications: Designing
				  Maine's Schools for Tomorrow's Students.
1.
Educational Specifications
The Educational Specifications are to be used by the SAU, the
				  Bureau of General Services, designers, and the Department in developing the
				  plans and specifications for the proposed project.
2.
Space Allocation Workbook
Each SAU shall submit a Space Allocation Workbook in a
				  format acceptable to the Department. This workbook shall be based on the
				  guidelines provided by the Department and periodically reviewed by the State
				  Board. The Space Allocation Workbook shall guide the SAU, the designer, and the
				  Department in determining the appropriate size of the new or renovated
				  facility. For purposes of determining square footage of a facility, tuition
				  students shall be considered as resident students provided that a long-term
				  tuition contract exists.
3.
Community Use of School Facilities and Percent for Art
A. Consistent with the provisions of
				20-A M.R.S.A.
				§15911, the State Board encourages the
				public use of school facilities insofar as that use is compatible with regular
				school use.
B. The State Board
				encourages the inclusion of works of art as provided in the Percent For Art
				statute. Up to one percent of the construction cost or the maximum as defined
				in
				27 M.R.S.A. §§
											451 -
				459,
				whichever is less, may be included in the project budget. All costs of building
				modifications, structural support or blocking, electrical power and
				installation are to be borne by the Percent for Art budget.
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 071-61-9 - DESIGN AND FUNDING APPROVAL

Current through 2024-29, July 17, 2024
Each SAU developing a construction or renovation project
				  shall provide the following information to the Department.
1.
Proposed Building Technology
				Plan
An SAU shall provide a written Technology Plan for the
				  building to the Department prior to design development review.
2.
Facility Maintenance
				Plan
The State Board requires an SAU applying for state funds for
				  a school construction project to establish a facility maintenance plan for the
				  projected life cycle of the proposed school building. Facility Maintenance
				  Plans shall comply with:
20-A M.R.S.A. Chapter 201, § 4001(1)(7);
20-A M.R.S.A. Chapter 609, § 15901(2);
20-A M.R.S.A. Chapter 609, § 15905(6); and
20-A M.R.S.A. Chapter 609, § 15918.
3.
Life Cycle Analysis
is an
				analysis of energy related alternatives with the objective of selecting the
				most cost-effective building systems for the project relating to initial cost,
				maintenance cost, and the expected life of the system.
4.
Construction Estimates
Prior to Concept Approval, the architect shall prepare and
				  provide to the Department and the Bureau of General Services an estimate of the
				  cost of the proposed facility. A second estimate, prepared by a party
				  satisfactory to the Facilities Team, shall be submitted to the Department and
				  the Bureau of General Services prior to Design and Funding Approval. The
				  estimates will guide the owner, the architect, and the Department in the
				  decision to go forward or to reconsider elements of the design.
5.
Commissioning
Commissioning may be supported with state/local
				  monies.
6.
Facilities
				Team Review
A review with the Facilities Team is required when the plans
				  and specifications are at 100% completion.
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 071-61-10 - FINAL FUNDING APPROVAL

Current through 2024-29, July 17, 2024
1.
Final
				Funding Approval
Final Funding Approval by the Commissioner establishes the
				  Project Budget and takes place after construction bids have been received. At
				  that time the Commissioner may reduce the budget to finance the project, thus
				  providing additional funds for other projects. Expenditures from each line item
				  shall not exceed the amount of that line item except as approved by the
				  Facilities Team and the Bureau of General Services. The Commissioner's
				  Certificate of Final Funding Approval will also specify the date of the bond
				  sale for the project and the length of the bonding period.
2.
Approval of Contingency Usage
The bid and project contingency funds of each project budget
				  will only be expended with the approval of the Facilities Team following a
				  recommendation from the Bureau of General Services.
3.
Line Item Surplus
When a line item of the Project Budget has surplus funds
				  after all obligations have been met, the SAU shall not expend the surplus
				  without the approval of the Facilities Team.
4.
Moveable Equipment
A. Budget Requirements: Moveable equipment
				costs will generally constitute 9% of the building construction costs in a
				project budget. This percentage may be modified by the State Board upon
				recommendation of the Facilities Team. This budget may be adjusted by the
				Commissioner at the time of Final Funding Approval.
B. Submission of Moveable Equipment List: A
				Moveable Equipment List for the project shall be developed by the SAU and
				submitted to the Facilities Team within twelve (12) months of the signing of
				the construction contract. Items on the SAU's Moveable Equipment List must be
				approved by the Facilities Team and a copy of the approved list must be
				maintained by the Department.
C.
				Should the SAU wish to purchase an item or items not on its approved Moveable
				Equipment List maintained by the Facilities Team, the SAU shall submit a
				written request for permission to purchase the item or items. The Facilities
				Team shall approve or deny the request in a timely manner and notify the SAU of
				its decision.
D. Moveable equipment
				will be purchased with state/local funds when it has received prior approval by
				the Facilities Team.
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 071-61-11 - FINANCING SCHOOL CONSTRUCTION

Current through 2024-29, July 17, 2024
1. All school
				construction project funds (both State and Local) shall be deposited in a newly
				established school construction interest-bearing account with unused proceeds
				remaining invested at all times. School construction project funds maintained
				in bank and investment accounts shall not be commingled with non-project funds
				of the SAU.
2. Accurate financial
				records shall be maintained, in the SAU's accounting system, of all fiscal
				transactions and activities relative to the construction project, including:
A. cash receipts;
B. all expenditures including all
				expenditures from proceeds of notes and bonds issued for the project by date,
				payee and amount;
C. all investment
				earnings on notes and bonds issued for the project by date, source and
				amount;
D. short-term borrowing and
				investments of bond proceeds (particularly the dates and rate of
				interest);
E. bank statements;
				and
F. other related project
				documents.
Parties must maintain all records for which they are
				  responsible. Parties that may be directly involved with maintaining records are
				  municipal officials, the municipal finance director or town treasurer, the
				  superintendent of schools, or the SAU's financial staff. Prior to the final
				  compliance review conducted by the compliance review staff, all project-related
				  records shall remain in a secure and accessible on-site location. After the
				  final compliance review is conducted by the compliance review staff, all
				  project-related records shall be retained for seven years. These records shall
				  remain in a secure and accessible location for two years and then may be
				  transferred to a secure location for the remaining five years. Department
				  personnel may meet regularly with SAU staff during the project to provide
				  guidance on record-keeping.
Parties should retain records in accordance with the
				  requirements certified by the SAU to its lender for tax exempt bond financing
				  and in anticipation of possible audits by the Internal Revenue Service.
School construction revenues and expenditures must be
				  included in quarterly financial reporting to the Department's financial
				  reporting system.