Maine Unified Special Education Regulations Effective July 2

ADMINISTRATIVE LETTER: 47
POLICY CODE: GC

Summary: Effective Date for the Maine Unified Special Education Regulations – Chapter 101

The 125th Legislature, during the First Regular Session, passed Resolve 2011, Chapter 39, which finalized the recommendations of the Stakeholder Group for the Maine Unified Special Education Regulations, Chapter 101.  The final adoption of the regulations is effective July 2, 2011.  The final regulations can be found at: http://www.maine.gov/sos/cec/rules/05/071/071c101.doc.

The final adoption reflects the following changes: revision of the definitions of abbreviated day and educational performance; a definition for adverse effect/adversely affects; refinement of the procedure for abbreviated day; refinement of the procedure for adverse effect on educational performance; and revision of tutorial services to clarify that it is a method of instruction delivery rather than a specific service, and to clarify the relationship to abbreviated day.

Section XII of the rule (Program Approval) has been amended to clarify supervision of staff and to reinstate the requirement that placements in private special purpose schools be reviewed.  The rule also requires secondary transition plans to be developed beginning in 9th grade to concur with other secondary transition provisions.

In addition, the U.S. Department of Education has requested that the regulation be amended to reflect that the disability of mental retardation is now known per Rosa’s law as intellectual disabilities.

If you have questions, please contact Jaci Holmes, Federal State Legislative Liaison, by email at jaci.holmes@maine.gov or by phone at 207-624-6620.