Status of requirement to implement gifted and talented programs


At the request of school officials, the Department has reviewed Maine law regarding the Gifted and Talented program, to clear up a question regarding whether such programs are required by law.

We have found that, while Maine Department of Education Regulation 104 requires such programs, the statutory authority for the Department to enforce that requirement no longer exists.  The statutory language requiring SAUs to implement their Gifted and Talented plans by 2004-05 was inadvertently repealed by Public Law 2009, chapter 147; the intent of the Department was simply to remove the phase-in date, which had already passed, but the repeal also repealed the Department’s authority to require the program in all SAUs.

The Department is considering introducing legislation next session to reinstate the requirement for SAUs to offer Gifted and Talented programs.  In the meantime, the Department is planning to provide technical assistance and funding for qualified programs, and we urge SAUs to continue to provide this programming.

If you have any questions about the Gifted and Talented Program, please contact Cliff McHatten at (207) 624-6650 or

2 thoughts on “Status of requirement to implement gifted and talented programs

  1. I don’t understand how this type of thing can happen. I hope they can update the law to best serve Maine’s highest ability students by advocating for and supporting their need for specialized programming.

    Ann Cutten, Past President of Maine Educators of the Gifted and Talented

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