ADMINISTRATIVE LETTER: Guidance regarding The Credentialing of Education Personnel requirements

Administrative Letter:  #26
Policy Code:   GCFC
To: Public School Administrators, Teachers
From: Pender Makin, Commissioner
Date:  3 July 2019
Subject: Amendments to Chapter 115, certification and credentialing

The Legislature recently authorized a series of changes to Chapter 115 through Public Law 2019 Chapter 101 Resolve,  that is scheduled to go into effect on September 19, 2019.  Until then, the Department will continue to apply the pre-existing language of Chapter 115.  The Department will notify you when changes become effective.



ADMINISTRATIVE LETTER: Amendments to Educator Evaluation Requirements

Administrative Letter:  #25
Policy Code:   BGE
To: Public School Administrators, Teachers
From: Pender Makin, Commissioner
Date:  11 June 2019
Subject: Amendments to Title 20-A, Chapter 508, Educator Effectiveness

On April 11, 2019, Governor Mills signed a law that makes important changes to Performance  Evaluation and Professional Growth (PEPG) systems. The new law will go into effect 90 days after the current legislative session ends. Chapter 27, An Act to Amend Educator Evaluation Requirements, includes a number of changes.

  1. Under the new law, school administrative units may choose to identify and include student learning and growth measures that they deem valuable in summative effectiveness ratings, but they are no longer required to do so.
  2. SAUs must ensure or reconfigure their steering committee membership, such that a majority are teachers who are chosen by a representative of the applicable collective bargaining unit.
  3. The law states that, “revisions to the performance evaluation and professional growth system made by the steering committee must be reached by consensus.”

Implementation Guidance

  • The steering committee composition required in Chapter 27 will go into effect 90 days after the current legislative session comes to an end, likely near the start of the 2019-2020 school year.
  • The Department of Education is committed to a transparent and inclusive rule-making process for Chapter 180 that will begin in early fall of 2019, in preparation for the submission of the draft rules for consideration to the Committee for Education and Cultural Affairs in January, 2020.
  • Current law requires that student learning and growth measures must be a factor in a summative effectiveness rating until September 1, 2021.  PEPG steering committees are encouraged to review their current PEPG systems, and the vision, mission, and goals of the district, to determine the measures of effectiveness they will implement beginning with the 2021-2022 school year. In addition, the committee should develop reasonable transition plans and timelines for any changes to the PEPG system, as determined by the steering committee, taking into consideration the existing evaluation cycle, and when summative evaluations will be completed.

For more information, please contact Emily Gribben at

Administrative Letter: Clarification Concerning Local School Bus Purchase and Bid

Administrative Letter: #24
Policy Code: EEAEB
To: Public School Administrators, Business Managers, Transportation Directors, and School Bus Vendors
Date: 26 March 2019
Subject: Clarification Concerning Local and State School Bus Bid and Purchase

To assist and support school districts in their diligent work to purchase school buses, the Maine Department of Education is providing clarification concerning the process for districts to bid and purchase school buses.

The information in this letter has been reviewed and confirmed by our legal team in the Office of the Attorney General.

For a school bus purchase to be eligible for State subsidy, per 20-A M.R.S. § 5401(15) and § 5402, the school administrative unit (SAU) must:

(1) purchase the bus from the bidder selected through the State of Maine Division of Procurement school bus bid Request for Quotations (RFQ) for bus Type and capacity or
(2) upon request, provide to the Department documentation that demonstrates the purchase was the result of a competitive bidding process conducted by the SAU following, 20-A M.R.S § 5402 bid procedures.

For school buses purchased by a SAU when the SAU is not seeking subsidy, the SAU must still engage in competitive bidding, as outlined above.

Vendors are welcome to register with, and submit school bus bids through, the Maine Division of Procurement’s Request for Quotations (RFQ). During an open bid, vendors may not contact the Maine Department of Education. Questions that vendors receive about Maine Department of Education transportation programs, policies, and procedures from SAUs or citizens are to be redirected to the state agency with subject authority, e.g., Maine Division of Procurement or Maine Department of Education.

SAU use of the Maine Department of Education’s School Bus Bid and Purchase System (SBBPS) is voluntary.  SAUs are encouraged to contact Pat Hinckley at 207-624-6886 or with any questions about the SBBPS, transportation programs, or policy questions.

Administrative Letter: Clarification on Requirement to Ensure Parents’ Meaningful Access to IEP Information

Administrative Letter: #23
Policy Code:  BGE
To: Public School Administrators, Special Ed. Directors, EL Coordinators/Directors, and ESOL Teachers
From: Pender Makin, Commissioner
Date:  March 12, 2019
Subject: Clarification on Requirement to Ensure Parents’ Meaningful Access to IEP Information

Title VI of the Civil Rights Act of 1964 guarantees parents’ right to receive communication from their children’s schools in a language they can understand. The US Department of Education has provided guidance (PDF) clarifying that, “State Education Agencies (SEAs) and Local Education Agencies (LEAs) have flexibility in determining what mix of oral and written translation services may be necessary and reasonable for communicating the required information to parents with limited English proficiency.”

For parents of students with Individualized Education Plans (IEPs), LEAs must ensure that parents are able to understand the proceedings of the IEP meeting and access the IEP document as needed.

In a 2007 letter (PDF) to Conway Public Schools in Arkansas, the Office of Special Education (OSEP) indicated that, “while providing written translations of IEP documents is not required under IDEA, we believe in some circumstances it may help to show that a parent has been fully informed of the services his or her child will be receiving.”

A 2016 Dear Colleague Letter (PDF) from OSEP states that, “Under Title VI, all vital documents, including a student’s IEP, must be accessible to Limited English Proficient (LEP) parents, but that does not necessarily mean that all vital documents must be translated for every language in the district. For example, a timely and complete oral interpretation or translated summary of a vital document might suffice in some circumstances. A district must, however, be prepared to provide timely and complete translated IEPs to provide meaningful access to the IEP and the parental rights that attach to it. This is because a parent needs meaningful access to the IEP not just during the IEP meeting, but also across school years to monitor the child’s progress and ensure that IEP services are provided.”

This notice does not serve as legal advice, and LEAs should consult legal staff and/or the Office for Civil Rights for guidance pertaining to their specific contexts.

The Maine Department of Education would like to acknowledge and thank Maine’s special education directors, administrators, and educators for ensuring federal and state regulations for educating students with special needs are met, and for their ongoing dedication to the students and families that these processes serve.

For further information about translation/interpretation please contact April Perkins, Director of ESOL/Bilingual Programs & Title III at (207) 624-6627 or For further information about supporting students with an IEP, please contact Maine DOE’s Office of Special Services at (207) 624-6713.

Administrative Letter: Clarification Concerning Least Restrictive Environment (LRE)

Administrative Letter: #22
Policy Code: BGE
To: Public School Administrators, Special Ed. Directors
From: A. Pender Makin, Acting Commissioner
Date: January 31, 2019
Subject: Clarification Concerning Least Restrictive Environment (LRE)

To assist and support school districts in their diligent work to document student Individual Education Plans (IEP), Maine Department of Education is providing clarification concerning least restrictive environment (LRE) and the calculation of the percentage of time that a child is with non-disabled peers (Section 9 of the IEP).

The information in this letter is our best guidance. It has been reviewed by our legal team in the Office of the Attorney General and has been confirmed by the federal Office of Special Education Programs.

Least Restrictive Environment (LRE)

The time during which a child receives instruction within the regular education setting is to be considered as non-special education time in the LRE calculation.  The physical location of the child’s program dictates the regular education setting calculation regardless of the type of instruction he or she may be receiving (special or regular education).  If the child is receiving special education services outside of the regular education setting, that amount of time should continue to be considered as time away from non-disabled children.

Further questions may be directed to the Maine Department of Education’s Office of Special Services at 207-624-6713.