reglab/statecodes huggingface dataset:
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 114 - PURPOSE, STANDARDS AND PROCEDURES FOR THE REVIEW AND APPROVAL OF PREPARATION PROGRAMS FOR EDUCATION PERSONNEL › Section 071-114-3 - PROCEDURES FOR THE INITIAL REVIEW AND APPROVAL OF EDUCATOR PREPARATION PROGRAMS

Current through 2024-29, July 17, 2024
3.1 These
				procedures are to be used with the standards found in Section
				2, for the review and approval of
				programs preparing professionals for all categories of certification.
				"Educational personnel" encompasses all categories of professional personnel
				certified for service in Maine schools.
3.2 Educator Preparation Programs
a) A preparation program for educational
				personnel will meet the state-adopted standards and will allow an accredited
				degree-granting unit to recommend its graduates for certification. The
				applicant program will identify the professional roles for which the program is
				designed. The graduates recommended by the Dean or director of the program will
				receive certification which reflects the nature of their preparation and
				program recommendation.
b)
				Candidates who graduate from units without state approved programs, including
				alternate routes certification, shall access initial certification by the
				process of transcript analysis through recognized coursework status set forth
				in section 3.9 or upon graduation from programs accredited by nationally
				recognized accreditation agencies as set forth in section 3.8. Such units will
				work with Department personnel to move to approved program status.
c) All units preparing professional educators
				for certification, including alternate routes to certification, shall have
				approved programs. Program approval recommendation will be the avenue by which
				those persons who successfully complete the approved program will be
				recommended for certification in the appropriate categories for which the unit
				is approved.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 115 - THE CREDENTIALING OF EDUCATION PERSONNEL › Part I - Standards and Procedures For Credentialing › Section 071-115-I-1 - Purpose

Current through 2024-29, July 17, 2024
1. The purpose of this rule is to implement
				  20-A M.R.S. Chapters 501 and 502, which authorize the credentialing system for
				  educational personnel. This rule applies to Maine public schools and approved
				  private schools as indicated below. This rule supersedes all previous rules on
				  the same subject.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 115 - THE CREDENTIALING OF EDUCATION PERSONNEL › Part I - Standards and Procedures For Credentialing › Section 071-115-I-2 - Applicability

Current through 2024-29, July 17, 2024
1. This rule applies to school administrative
				  units, private schools approved pursuant to
				  20-A M.R.S.
				  §2901(2)(B), career and
				  technical education regions as defined by
				  20-A M.R.S
				  §8301-A(6), regional
				  sites operated by the Child Development Services State IEU and education
				  services centers as defined by
				  20-A M.R.S.
				  §3801(1)(B).
2. Notwithstanding Section 2.1 above,
				  Sections 4.2, 4.3 (A, B), and 8.1 of this rule apply to all approved private
				  schools under
				  20-A M.R.S.
				  §2901 and §
										2907.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 115 - THE CREDENTIALING OF EDUCATION PERSONNEL › Part I - Standards and Procedures For Credentialing › Section 071-115-I-4 - General Credential Requirements

Current through 2024-29, July 17, 2024
1.
Individuals required to obtain a credential
A. An individual who serves in a position
				  that is required to hold an appropriate credential for the assignment must hold
				  that credential on or before the first day of service, throughout the period of
				  service, seek timely renewal of the credential, and meet the standards for that
				  credential.
B. Individuals employed
				  without the appropriate credential will be subject to the penalties Section
				  4.3.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 115 - THE CREDENTIALING OF EDUCATION PERSONNEL › Part I - Standards and Procedures For Credentialing › Section 071-115-I-5 - General Issuance and Renewal Procedures

Current through 2024-29, July 17, 2024
1.
General
A. An individual may
				  apply at any time for a credential.
B. An applicant for a credential, including a
				  renewal, shall submit a complete, accurate, and signed application on the form
				  provided by the Department, including all supporting documentation required for
				  an evaluation of eligibility for the credential sought, and, when required,
				  verification from the SAU or local administrative consortium. Incomplete
				  materials shall not be processed and the applicant will be notified.
C. Each university/college transcript filed
				  for credentialing purposes shall:
(1) Bear
				  the seal of the institution and the signature of the registrar or other
				  official designated by the president or board of the institution;
(2) Include descriptive titles, semester
				  hours and grades for all listed courses; and
(3) Indicate the type of degree granted and
				  the date the degree was conferred.
D. The applicant shall provide, and the
				  Department will utilize, an evaluation of transcripts from institutions outside
				  the United States by an agency who is a member of the National Association of
				  Credential Evaluation Services (NACES).
E. Each application must include payment for
				  fees when required, in accordance with
				  20-A M.R.S.
				  §13007(1).
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 115 - THE CREDENTIALING OF EDUCATION PERSONNEL › Part I - Standards and Procedures For Credentialing › Section 071-115-I-6 - Credentials Available and Eligibility Requirements

Current through 2024-29, July 17, 2024
1.
General Eligibility for a Certificate
A. To be certified by the Department of
				  Education, except for certified educational technicians who are covered in
				  Section 6.5, applicants shall meet the following general qualifications:
(1) Furnish evidence of good moral character
				  when requested;
(2) Be at least 18
				  years of age;
(3) Be knowledgeable
				  of physiology and hygiene, with special reference to the effects of alcohol,
				  stimulants and narcotics upon the human system;
(4) Hold at least a bachelor's degree from an
				  accredited college or university, with the following exceptions:
(A) Career and technical education
				  teachers;
(B) School nurses under a
				  conditional certificate; and
(C)
				  Native language teachers receiving certification by means of Chapter 115 Part
				  II Section 1.17; and
(5)
				  Satisfactorily complete a state and national CHRC based on fingerprints in
				  accordance with Section 5.2 of this rule.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 115 - THE CREDENTIALING OF EDUCATION PERSONNEL › Part I - Standards and Procedures For Credentialing › Section 071-115-I-9 - Local Credentialing Committee (LCC)

Current through 2024-29, July 17, 2024
1.
Roles and Responsibilities
A. The
				  purpose of the LCC is to determine whether the requirements for the renewal of
				  a credential required by the state are met.
B. The LCC will inform all educators employed
				  by a SAU of their credentialing responsibilities and provide each with a copy
				  of the LCC procedures and forms.
C.
				  The LCC will preapprove course work of professional development that will
				  result in the accrual of credit or contact hours for the purposes of
				  certification renewal to ensure that the planned study or professional
				  development is in accordance with this rule.
D. The LCC shall provide for maintenance of a
				  cumulative confidential file containing documentation of the accrual of
				  approved hours for certification or renewal and official documentation of
				  progress toward meeting the requirements for a renewal.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 115 - THE CREDENTIALING OF EDUCATION PERSONNEL › Part III - Recertification of Educational Personnel

Current through 2024-29, July 17, 2024
STATUTORY AUTHORITY:
					 20-A M.R.S.A.
					 sections13011(l) ,
					 13011(5)
					 ,
					 13013(2)
					 ,
					 13016 ,
					 13018 ,
					 13019-A ,
					 13019-B ,
					 13019-C ,
					 13019-D ,
					 13019-E
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 117 - Rule Regarding the Duties of School Counselors and School Social Workers (Major Substantive)

Current through 2024-29, July 17, 2024
The
				adopted version of this chapter by
				filing
				2023-229, eff.
				12/9/2023 is not
				yet available.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-1 - INTRODUCTION › Subsection 071-119-1.1 - Definitions

Current through 2024-29, July 17, 2024
As used in this rule, all terms have the same meaning as
					 those same terms in the Maine Administrative Procedure Act, 5 MRSA Chapter 375.
					 Other terms are defined as follows:
Adjudicatory proceeding - An administrative proceeding
					 before the Department of Education in which the legal rights, duties, or
					 privileges of specifically named persons are required by constitutional right,
					 by provision of law or by rule to be determined.
Commissioner - The Commissioner of Education or a
					 designee.
Department - The Department of Education.
Party - The specifically named applicant whose legal
					 rights, duties or privileges are being determined in an adjudicatory proceeding
					 and any other person(s) allowed to intervene.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-1 - INTRODUCTION › Subsection 071-119-1.2 - Scope of Rule

Current through 2024-29, July 17, 2024
This rule shall govern administrative proceedings in which
					 an applicant who has been tentatively denied the issuance, renewal or extension
					 of a certificate authorized under 20-A MRSA Chapter 502 (certification of
					 educational personnel) appeals that tentative denial to the
					 Commissioner.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-1 - INTRODUCTION › Subsection 071-119-1.3 - Existing Certificate in Effect Pending Final Determination

Current through 2024-29, July 17, 2024
Except as otherwise provided by law, when an applicant has
					 made timely and sufficient application for renewal of a certificate, the
					 existing certificate shall not expire until the application has been finally
					 determined by the Commissioner.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-2 - NOTICE OF HEARING › Subsection 071-119-2.1 - Notice of opportunity for Hearing

Current through 2024-29, July 17, 2024
The Department shall notify, in writing, any person whose
					 application for the issuance, renewal or extension of a certificate authorized
					 by 20-A MRSA Chapter 502 has been tentatively denied by the Commissioner. The
					 notice shall state the reasons for the tentative denial and give notice of
					 opportunity for an adjudicatory hearing as set forth in section 2.4. The notice
					 shall inform the applicant of the right to contest the tentative denial by
					 filing a petition for adjudicatory proceeding under section 3.1 within 30 days
					 of the date of the notice. The notice shall further inform the applicant that
					 if a petition for adjudicatory proceeding is not timely filed, the tentative
					 denial shall automatically become final upon expiration of the filing
					 deadline.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-2 - NOTICE OF HEARING › Subsection 071-119-2.2 - Notice of Hearing

Current through 2024-29, July 17, 2024
Upon receiving a petition for adjudicatory proceeding under
					 section 3.1, the Department shall provide written notice to the applicant, the
					 superintendent of the employing school unit and the local support system. Such
					 written notice shall be provided at least 15 days prior to
					 hearing.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-2 - NOTICE OF HEARING › Subsection 071-119-2.3 - Notice to Public

Current through 2024-29, July 17, 2024
In any proceeding deemed by the Commissioner to involve the
					 determination of issues of substantial public interest, notice of hearing shall
					 be sent to the public as required by
					 5 MRSA §8053 -
					 9052.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-2 - NOTICE OF HEARING › Subsection 071-119-2.4 - Contents of Notice

Current through 2024-29, July 17, 2024
To the extent applicable, notices of opportunity for
					 hearing and notices of hearing shall contain the following information:
(a) A statement of the legal authority and
				  jurisdiction under which the proceeding is being conducted,
(b) A reference to the particular statutory
				  and rule provisions involved,
(c) A
				  short and plain statement of the nature and purpose of the proceeding and of
				  the issues to be determined,
(d) A
				  statement of the time and place of the hearing, or the time within which a
				  hearing may be requested,
(e) A
				  statement of the manner and time within which evidence and argument may be
				  submitted to the Department for consideration, whether or not a hearing has
				  been set, and
(f) When a hearing
				  has been set, a statement of the manner and time within which applications for
				  intervention may be filed.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-3 - INITIATION OF PROCEEDINGS › Subsection 071-119-3.1 - Petition for Adjudicatory Proceeding

Current through 2024-29, July 17, 2024
Any person whose application for the issuance, renewal or
					 extension of a certificate authorized by 20-A MRSA Chapter 502 has been
					 tentatively denied by the Commissioner may initiate an adjudicatory proceeding
					 by filing a written petition with the Department within 30 days of the date of
					 the notice of opportunity for hearing.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-3 - INITIATION OF PROCEEDINGS › Subsection 071-119-3.2 - Format

Current through 2024-29, July 17, 2024
The petition shall state clearly and concisely the facts
					 which are grounds for contesting the tentative denial and which establish the
					 applicant's claim of entitlement to a certificate.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-4 - HEARING OFFICER › Subsection 071-119-4.1 - Appointment; Role

Current through 2024-29, July 17, 2024
Upon the filing of a petition for adjudicatory proceeding
					 the Commissioner shall appoint a hearing officer to conduct a hearing and to
					 prepare proposed findings of fact and conclusions of law. If appointed from
					 within the Department, the hearing officer shall be from a sub-team unit of the
					 Department which is completely separate from any person involved in the
					 certification or investigatory process. The hearing officer may be appointed
					 from outside the Department and may also be a person who serves on special
					 contract to the Department for that function.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-4 - HEARING OFFICER › Subsection 071-119-4.2 - Ex Parte Communications

Current through 2024-29, July 17, 2024
The hearing officer shall not communicate directly or
					 indirectly in connection with any issue of fact, law or procedure, with any
					 party or other persons legally interested in the outcome of the proceeding,
					 except upon notice and opportunity for all parties to participate.
This section shall not prohibit the hearing officer from
					 having the aid or advice of agency staff, counsel or consultants retained by
					 the Department who have not participated and will not participate in the
					 proceeding in an advocate or adversarial capacity.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-4 - HEARING OFFICER › Subsection 071-119-4.3 - Duties of the Hearing Officer

Current through 2024-29, July 17, 2024
The hearing officer shall:
a) Administer oaths or affirmations to all
				  witnesses who testify,
b) Receive,
				  exclude or limit the admissibility of evidence,
c) Ensure an orderly presentation of the
				  evidence,
d) Ensure that all
				  parties have a full opportunity to present their claims,
e) Regulate the course of the hearing, set
				  the time and place for continuation of hearings, and fix the time for filing of
				  evidence, briefs, and other written submissions.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-4 - HEARING OFFICER › Subsection 071-119-4.4 - Other Powers of the Hearing Officer

Current through 2024-29, July 17, 2024
The hearing officer may:
a) Limit attendance at the hearing to the
				  extent allowed by law,
b) Change
				  the date, time, or place of the hearing on his/her own motion or at the request
				  of any party upon due notice to the parties,
c) Request the parties to provide a statement
				  of the issues and to limit the issues for the purpose of the hearing;
d) Regulate the presentation of evidence and
				  the participation of the parties for the purpose of ensuring an adequate,
				  comprehensive record of the proceedings.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-5 - REPRESENTATION › Subsection 071-119-5.1 - Representation

Current through 2024-29, July 17, 2024
The applicant may appear in his/her own behalf or may be
					 represented by counsel or other designated representative.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-6 - INTERVENTION › Subsection 071-119-6-1 - Intervention and Public Participation

Current through 2024-29, July 17, 2024
(a) On timely
				  application, the hearing officer shall allow any person who shows that he/she
				  is or may be substantially and directly affected by the proceeding to intervene
				  as a party in the proceeding. The employing school unit and the local support
				  system shall be allowed to intervene upon application of the school board. On
				  timely application, the hearing officer may in his/her discretion permit any
				  other person to intervene and participate as a full or limited party to the
				  proceeding. This subsection shall not be construed to limit public
				  participation in the proceeding in any other capacity.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-6 - INTERVENTION › Subsection 071-119-6-2 - Intervention Procedure

Current through 2024-29, July 17, 2024
Application for intervention in Department adjudicatory
					 proceedings shall be filed at least seven days in advance of a scheduled
					 hearing, except for good cause shown. Rulings by the hearing officer shall be
					 subject to the provisions of
					 5 MRSA
					 §9054.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-7 - SUBPOENAS › Subsection 071-119-7.1 - Procedure

Current through 2024-29, July 17, 2024
Any party may request the issuance of subpoenas to compel
					 the attendance and testimony of one or more witnesses and the production of any
					 evidence relating to any issue of fact in the proceeding. The issuance,
					 modification and vacating of subpoenas shall be governed by
					 5 MRSA
					 §9060.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-7 - SUBPOENAS › Subsection 071-119-7.2 - Requests

Current through 2024-29, July 17, 2024
Parties shall submit requests for the issuance of subpoenas
					 to the hearing officer at least 10 days prior to a scheduled hearing, except
					 for good cause shown. The hearing officer shall promptly forward such requests
					 to the Attorney General for approval.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-7 - SUBPOENAS › Subsection 071-119-7.3 - Fees

Current through 2024-29, July 17, 2024
Witnesses subpoenaed for Department hearings shall be paid
					 the same fees for attendance and travel as in civil cases before the courts of
					 the state. Fees shall be paid by the party requesting the subpoena when the
					 request is submitted. Proper and timely service of a subpoena shall be the
					 responsibility of the party who requested it.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-8 - HEARING PROCEDURE › Subsection 071-119-8.1 - De Novo Hearing; Burden of Proof

Current through 2024-29, July 17, 2024
The adjudicatory proceeding shall be a de novo proceeding
					 at which the applicant has the burden of proof. The hearing officer shall
					 attach no presumptions or particular weight to prior decisions or
					 recommendations in the matter.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-8 - HEARING PROCEDURE › Subsection 071-119-8.2 - Scheduling

Current through 2024-29, July 17, 2024
The opportunity for hearing shall be afforded without undue
					 delay. Upon receipt of a petition for adjudicatory hearing, the Commissioner
					 shall appoint a hearing officer who shall establish a hearing
					 date.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-8 - HEARING PROCEDURE › Subsection 071-119-8.3 - Pre-hearing Conference

Current through 2024-29, July 17, 2024
The hearing officer may, upon his/her own initiative or
					 upon the application of any party, call upon the parties to appear for a
					 pre-hearing conference to consider the simplification, clarification or
					 elimination of issues, the development of stipulations and admissions, the
					 identification and possible limitation of the number of witnesses, the
					 admissibility of evidence and such other matters as may aid in the disposition
					 of the adjudicatory proceeding.
Scheduling of a pre-hearing conference shall be solely
					 within the discretion of the hearing officer.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-8 - HEARING PROCEDURE › Subsection 071-119-8.4 - Location

Current through 2024-29, July 17, 2024
An adjudicatory proceeding shall be held in Augusta or in
					 or near the applicant's employing school unit, except that those adjudicatory
					 proceedings arising from a disagreement between the support system and the
					 superintendent over renewal of a Provisional Teacher certificate shall be held
					 in the employing school unit.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-8 - HEARING PROCEDURE › Subsection 071-119-8.5 - Disposition Without Full Hearing

Current through 2024-29, July 17, 2024
Subject to the approval of the Commissioner, the hearing
					 officer may make informal disposition of any proceeding by stipulation, agreed
					 settlement or consent agreement. The hearing officer may also limit the issues
					 to be heard in the proceeding or may vary any procedure prescribed in this rule
					 or in the Maine Administrative Procedure Act if the parties agree to such
					 limitation or variation or if no prejudice to any party will
					 result.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-8 - HEARING PROCEDURE › Subsection 071-119-8.6 - Evidence

Current through 2024-29, July 17, 2024
(a) The hearing officer need not observe the
				  rules of evidence observed by courts, but shall observe the rules of privilege
				  recognized by law. Evidence shall be admitted if it is the kind of evidence
				  upon which reasonable persons are accustomed to rely in the conduct of serious
				  affairs. The hearing officer may exclude irrelevant or unduly repetitious
				  evidence.
(b) All witnesses shall
				  be sworn.
(c) No sworn written
				  evidence shall be admitted unless the author is available for cross-examination
				  or subject to subpoena, except for good cause shown.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-8 - HEARING PROCEDURE › Subsection 071-119-8.7 - Official Notice

Current through 2024-29, July 17, 2024
(a) The hearing
				  officer may take official notice of any facts of which judicial notice could be
				  taken, and in addition may take official notice of general, technical or
				  scientific matters within his/her specialized knowledge and of statutes,
				  regulations and nonconfidential agency records. Parties shall be notified of
				  the material so noticed, and they shall be afforded an opportunity to contest
				  the substance or materiality of the facts noticed.
(b) Facts officially noticed shall be
				  included and indicated as such in the record.
(c) Notwithstanding the foregoing, the
				  hearing officer may utilize his/her experience, technical competence and
				  specialized knowledge in the evaluation of the evidence presented.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-8 - HEARING PROCEDURE › Subsection 071-119-8.8 - Order of Proceedings

Current through 2024-29, July 17, 2024
The hearing officer shall set the order of
					 proceedings.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-8 - HEARING PROCEDURE › Subsection 071-119-8.9 - Time and Place of Filings

Current through 2024-29, July 17, 2024
Papers required or permitted to be filed under this rule
					 must be filed at the Department or such other place as the hearing officer
					 shall designate within the time limits for such filing as are set by the
					 Commissioner or the hearing officer.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-8 - HEARING PROCEDURE › Subsection 071-119-8.10 - Conclusion of Hearing; Reopening of Record

Current through 2024-29, July 17, 2024
Upon conclusion of the hearing, no other evidence or
					 testimony shall be permitted unless the record is held open by the hearing
					 officer for the receipt of additional material specifically designated. The
					 hearing officer may reopen the record for further proceedings at any time prior
					 to decision upon provision of appropriate notice to parties and other
					 interested persons.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-9 - DECISIONS › Subsection 071-119-9.1 - Circulation of Recommended Decision

Current through 2024-29, July 17, 2024
Upon conclusion of the hearing the hearing officer shall
					 prepare a recommended decision consisting of written findings of fact and
					 conclusions of law. He/she shall send copies of this document to the
					 Commissioner and to the parties. The hearing officer shall fix a time within
					 which parties may file responses or exceptions, and shall forward all responses
					 or exceptions timely filed to the Commissioner for
					 consideration.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-9 - DECISIONS › Subsection 071-119-9.2 - Final Decisions

Current through 2024-29, July 17, 2024
Every decision made at the conclusion of a proceeding
					 subject to this rule shall be made by the Commissioner in writing and shall
					 include findings of fact sufficient to apprise the parties and any interested
					 member of the public of the basis for the decision. A copy of the decision
					 shall be delivered or promptly mailed to each party to the proceeding or his
					 representative of record. Written notice of the party's rights to review of the
					 decision by the courts, and of the action required and the time within which
					 such action must be taken in order to exercise the right of review, shall be
					 given to each party with the decision.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-10 - RECORD › Subsection 071-119-10.1 - Contents of Record

Current through 2024-29, July 17, 2024
a) In proceedings
				  subject to this rule, the hearing officer shall make a record consisting of:
(1) All papers filed and evidence received or
				  considered;
(2) A statement of
				  facts officially noticed;
(3)
				  Offers of proof, objections and rulings thereon;
(4) Proposed findings of fact and conclusions
				  of law proposed by the hearing officer, plus any responses or exceptions timely
				  filed, and
(5) The final decision
				  of the Commissioner.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-10 - RECORD › Subsection 071-119-10.2 - Hearings

Current through 2024-29, July 17, 2024
The hearing officer shall record all hearings in a form
					 susceptible to transcription. Portions of the record as required and specified
					 in section 10.1 may be included in the recording.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-10 - RECORD › Subsection 071-119-10.3 - Record; copies

Current through 2024-29, July 17, 2024
The Department shall make a copy of the record, including
					 any recordings, available at its principal place of operation for inspection by
					 any person during normal business hours and shall make copies of the record,
					 copies of recordings or transcriptions of recordings available to any person at
					 actual cost.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-10 - RECORD › Subsection 071-119-10.4 - Decision on the Record

Current through 2024-29, July 17, 2024
All material, including records, reports, and documents in
					 the possession of the Department, of which the Commissioner desires to avail
					 himself/herself as evidence in making a decision, shall be offered and made a
					 part of the record and no other factual information or evidence shall be
					 considered in rendering a decision.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-11 - HEARING OFFICER EMPLOYED BY OTHER STATE AGENCY › Subsection 071-119-11.1 - Generally

Current through 2024-29, July 17, 2024
In the event that the Commissioner arranges with another
					 state agency for the services of hearing officers employed by that agency, and
					 such agency has in effect hearing rules adopted according to law, that agency's
					 hearing rules shall apply to certification hearings subject to this chapter in
					 place of the provisions of this chapter. The provisions of any memorandum of
					 understanding executed by the respective commissioners or their designees shall
					 also apply to any certification hearings conducted by hearing officers employed
					 by the other agency for the Department of Education.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 119 - ADJUDICATORY PROCEEDINGS ON CERTIFICATION ISSUES › Sec2 071-119-11 - HEARING OFFICER EMPLOYED BY OTHER STATE AGENCY › Subsection 071-119-11.2 - Surviving Provisions

Current through 2024-29, July 17, 2024
Notwithstanding section 11.1, the following provisions of
					 this chapter shall nonetheless apply in any certification appeals: section 123,
					 section 2.1, section 2.4 insofar as it related to notice of opportunity for
					 hearing, section 3.1, section 4.1, section 8.1, and section 8.4.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 122 - GRANT APPLICATION AND AWARD PROCEDURE: FUND FOR THE EFFICIENT DELIVERY OF EDUCATIONAL SERVICES › Section 071-122-1 - PURPOSE

Current through 2024-29, July 17, 2024
Grants from the Fund for the Efficient Delivery of
				  Educational Services are awarded on a competitive basis to fund the costs of
				  changes in the delivery of educational services that will increase efficiency
				  of delivery, improve student achievement, and be sustained by the school
				  administrative unit, municipality or county without the need for additional
				  grants from the fund or others sources.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 122 - GRANT APPLICATION AND AWARD PROCEDURE: FUND FOR THE EFFICIENT DELIVERY OF EDUCATIONAL SERVICES › Section 071-122-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Department
. "Department"
				means the Maine Department of Education
2.
Fund
. "Fund" means the Fund
				for the Efficient Delivery of Educational Services, created in Title 20-AM.R.S.
				chapter 114-A and governed by this rule.
3.
Innovative, autonomous public
				school
. "Innovative, autonomous public school" has the same meaning as
				in Title
				20-A
				M.R.S. section6213.
4.
Innovative public school
				district
."Innovative public school district" has the same meaning as in
				Title
				20-A
				M.R.S. section6213.
5.
Innovative public school
				zone
. "Innovative public school zone" has the same meaning as in Title
				20-A
				M.R.S. section6213.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 122 - GRANT APPLICATION AND AWARD PROCEDURE: FUND FOR THE EFFICIENT DELIVERY OF EDUCATIONAL SERVICES › Section 071-122-3 - APPLICATIONS

Current through 2024-29, July 17, 2024
1.
Eligible entities
The following entities are eligible to apply for funding
				  under this rule:
A. School
				administrative units;
B.
				Municipalities;
C. Counties;
				and
D. Groups of two or more of the
				entities listed above.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 122 - GRANT APPLICATION AND AWARD PROCEDURE: FUND FOR THE EFFICIENT DELIVERY OF EDUCATIONAL SERVICES › Section 071-122-4 - REQUIREMENTS, CRITERIA, PRIORITIES

Current through 2024-29, July 17, 2024
1.
Requirements
A grant application must:
A. Be filed by an eligible entity;
B. Be filed in accordance with Title
				20-AM.R.S. chapter 114-A, this rule and any guidance provided by the Department
				in calling for applications;
C.
				Include a project plan that meets the standards for use of the Fund, set forth
				in Title
				20-AM.R.S.
				section2651, subsection
				2;
				and
D. Include a project budget and
				budget narrative that meet the standards for use of the Fund, set forth in
				Title
				20-A
				M.R.S. section2651, subsection
				2.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 122 - GRANT APPLICATION AND AWARD PROCEDURE: FUND FOR THE EFFICIENT DELIVERY OF EDUCATIONAL SERVICES › Section 071-122-5 - REVIEW AND EVALUATION

Current through 2024-29, July 17, 2024
1.
Review
				team
The Commissioner will appoint a review team of at least three
				  qualified individuals to review and evaluate grant applications. The review
				  team will use a consensus approach to evaluate and score grant applications.
				  Members of the review team will not score applications individually, instead,
				  they will arrive at a consensus as to assignment of points for each
				  section.
2.
Scoring
				of proposals
A. The scoring of the
				applicant's capacity in Section
				4, subsection
				2, paragraphs A and B, will make up
				20% of the total score.
B. The
				scoring of the programmatic criteria in Section
				4, subsection
				2, will make up 50% of the total
				score.
C. The scoring of the budget
				and budget criteria in Section
				4, subsection
				3, will make up 25% of the total
				score.
D. The scoring of the
				priority areas referred to in Section
				4, subsection
				4, will make up 5% of the total
				score.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 122 - GRANT APPLICATION AND AWARD PROCEDURE: FUND FOR THE EFFICIENT DELIVERY OF EDUCATIONAL SERVICES › Section 071-122-6 - GRANT AWARDS

Current through 2024-29, July 17, 2024
1.
Order of
				awarding grants
Grant awards will be made to applicants in the order in which
				  they are scored, with the highest scoring applications funded first, as funding
				  allows. The maximum grant award in any competition will be identified in the
				  Department's competition announcement.
2.
Eligibility for subsequent
				grants
An applicant or partner who receives a grant award from the
				  fund in a given fiscal year is not eligible to apply for another grant award
				  from the fund until one fiscal year after the end of the program, function or
				  service funded by the initial grant, and any subsequent application from that
				  applicant or partner must be for a new program, service, or function that was
				  not funded by the previous award from the fund.
3.
Replication of grants
The replication of a project of similar scope of service
				  previously funded by an award from the fund is permissible by a new applicant
				  and partners.
4.
Form
				of agreement for grant
Awards will be made by means of a standardized State
				  agreement subject to approval by the State Procurement Review Committee. Awards
				  are subject to appeal in accordance with the Division of Procurement Services
				  rule, Chapter 120.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 124 - BASIC APPROVAL STANDARDS: PUBLIC PRESCHOOL PROGRAMS › Section 071-124-1 - GENERAL OBJECTIVES

Current through 2024-29, July 17, 2024
1.01 This rule
				establishes the substantive school approval standards pertaining to school
				administrative units which operate a public preschool program. Its intent is to
				provide a framework for planning and growth with local flexibility as
				influenced by local conditions. This rule establishes procedures for
				comprehensive reviews of school administrative units which operate a public
				preschool program by which the Commissioner will determine compliance with
				applicable standards and methods of enforcement for ensuring
				compliance.
1.02 School
				administrative units may operate a public preschool program or provide for
				children to participate in such programs in accordance with 20-A § 4271
				and shall meet all school approval requirements of Title 20-A, Maine Revised
				Statutes (20-A MRSA), other statutes, and rules applicable to the operation of
				public preschool programs, and the requirements of this rule.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 124 - BASIC APPROVAL STANDARDS: PUBLIC PRESCHOOL PROGRAMS › Section 071-124-4 - CURRICULUM AND COMPREHENSIVE ASSESSMENT SYSTEM

Current through 2024-29, July 17, 2024
4.01 Each school administrative unit shall
				have an evidence-based written curriculum aligned with the Early Learning and
				Development Standards. The school administrative unit shall inform parents and
				students of the curriculum, instructional expectations, and assessment system.
4.02 Public preschool programs
				must demonstrate curriculum practice that aligns with the Maine Early Learning
				and Development Standards and is appropriate for the age and developmental
				level of the students. Teachers must organize space and select materials in all
				content and developmental areas to stimulate exploration, experimentation,
				discovery and conceptual learning.
A. A
				variety of activity areas are offered every session including, but not limited
				to: block building, dramatic play, writing, art, music, science, math,
				literacy, sand/water play, manipulatives, gross motor activities and mealtime
				routines , which allows teachers to eat with children.
B. Equipment, materials and furnishings are
				available and are accessible to all children, including children with
				disabilities.
C. A daily schedule
				is posted that includes:
(1) Opportunities for
				individual, small group and whole group activities. The amount of time spent in
				large group, teacher-directed activity is limited to short periods of time -
				10-20 minutes depending on the time of the year.
(2) Opportunities for physical movement,
				fresh air and access to drinking water are provided to the children.
(3) Opportunity for rest in a full-day
				program (more than 5 hours) is provided for the children. Cots or mats are
				provided for each child.
(4) The
				schedule and program activities minimize the transitions that children make
				from one classroom space to another, including school "specials" especially
				during the first half of the school year. Most special supports or therapies
				are provided in-class to minimize transitions for children with
				disabilities.
(5) Program
				development and services to any and all English learners are overseen by an
				English as a Second Language-endorsed teacher.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 124 - BASIC APPROVAL STANDARDS: PUBLIC PRESCHOOL PROGRAMS › Section 071-124-5 - INSTRUCTIONAL TIME

Current through 2024-29, July 17, 2024
5.01 School Year
A school administrative unit shall make provision for the
				  maintenance of all its schools for at least 180 school days. At least 175
				  school days shall be used for instruction. In meeting the requirement of a
				  180-day school year, no more than 5 days may be used for in-service education
				  for teachers, administrative meetings, parent-teacher conferences, records'
				  days and similar activities.
5.02 Public Preschool Instructional Time
Instructional time for public preschool program shall be a
				  minimum of 10 hours per week for 35 weeks and shall not include rest time.
				  Public preschool programs shall schedule within the 175 school days that the
				  school administrative unit has designated as instructional time, but does not
				  have to use all days, allowing flexibility as to numbers of days per
				  week.
Extended public preschool program Day: A school
				  administrative unit is encouraged to schedule public preschool for more than 10
				  hours per week to improve child outcomes and to reduce the risk of later school
				  failure.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 124 - BASIC APPROVAL STANDARDS: PUBLIC PRESCHOOL PROGRAMS › Section 071-124-6 - SCHOOL ADMINISTRATIVE UNIT ORGANIZATION AND SCHOOL SIZE

Current through 2024-29, July 17, 2024
6.01 Personnel Ratios
A. Classroom student-teacher ratios
(1) Maximum adult to child ratio is 1 adult
				to 8 children
(2) Ratios include,
				at a minimum, one teacher holding appropriate teacher certification from the
				Maine Department of Education (as per current statute) and a support staff with
				a minimum of an Educational Technician Authorization II from the Maine DOE.
				These ratios are maintained during both indoor and outdoor activities and
				during mealtimes.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 124 - BASIC APPROVAL STANDARDS: PUBLIC PRESCHOOL PROGRAMS › Section 071-124-7 - QUALITY OF EDUCATION PERSONNEL

Current through 2024-29, July 17, 2024
7.01 Specific
				Requirements
A. Teacher degree requirement:
				Teachers must hold (as per current statue) the required Maine DOE Early
				Childhood 081 (B-5) endorsement.
B. Assistant teacher requirements: An
				assistant teacher must hold (as per current statute), at a minimum, an
				Educational Technician II Authorization from the Maine DOE who obtains a Level
				4 status on the Maine Roads to Quality Registry within 3 years.
C. All preschool staff must join the Maine
				Roads to Quality Registry.
Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 124 - BASIC APPROVAL STANDARDS: PUBLIC PRESCHOOL PROGRAMS › Section 071-124-8 - NUTRITION

Current through 2024-29, July 17, 2024
8.01 General Requirements
The program shall serve well-balanced meals and/or snack that
				  follow the U.S. Department of Agriculture guidelines in all programs.
8.02 Specific Requirements
A. The program shall serve at least one meal
				and/or snacks at regularly established times. Meals and snacks are not more
				than three hours apart.
B. Each
				child is given sufficient time at mealtimes and snacks to eat at a reasonable,
				leisurely rate.
C. Classroom ratios
				will be maintained during mealtimes.
D. Meals and or snacks are culturally
				responsive to participating families.
E. The meal and snack time offers
				opportunities for interactions between adults and children.