As part of protocol, we are posting an opportunity for public comment regarding the Maine Department of Education (DOE) seeking a one-year waiver pursuant to §8401(b) from requirements within the Elementary and Secondary Education Act (ESEA) as amended by the Every Student Succeeds Act (ESSA) of 2015) from the U.S. Department of Education (USDOE). The U.S. Department of Education requires state educational agencies, when seeking waivers from statutory or regulatory requirements, solicit and respond to public comment on the request and provide evidence of the available comment period. This 15-day public comment period from March 25 – April 10, 2020, waives requirements related to chronic absenteeism, accountability identifications and accountability components within Maine’s Model of School Support.

Maine’s Model of School Support contained within Maine’s ESSA state plan, focuses on supporting and assisting schools and educators experiencing challenges. The Maine DOE is working diligently to continue supporting Maine’s schools during this pandemic of COVID-19. Maine’s Model of School Support is immediately impacted by the Department’s waiver request.

Requirements from which Maine is seeking a waiver include:

• Assessment requirements in section 1111(b)(2): the requirements to administer all required assessments in school year 2019-2020.
• Accountability and school identification requirements in sections 1111(c)(4) and 1111(d)(2)(C)-(D): the requirements that a State annually meaningfully differentiate all public schools and the requirements to identify schools for comprehensive and targeted support and improvement and additional targeted support and improvement based on data from the 2019-2020 school year.
• Report card provisions (ESSA Dashboard) related to certain assessments and accountability in section 1111(h) based on data from the 2019-2020 school year, namely:
  • Section 1111(h)(1)(C)(i) (accountability system description).
  • Section 1111(h)(1)(C)(ii) (assessment results).
  • Section 1111(h)(1)(C)(iii)(I) (other academic indicator results).
  • Section 1111(h)(1)(C)(iv) (English language proficiency assessment results).
  • Section 1111(h)(1)(C)(v) (school quality or student success indicator results).
  • Section 1111(h)(1)(C)(vi) (progress toward meeting long-terms goals and measurements of interim progress).
  • Section 1111(h)(1)(C)(vii) (percentage of students assessed and not assessed).
  • Section 1111(h)(1)(C)(xi) (number and percentage of students with the most significant cognitive disabilities taking an alternate assessment).
  • Section 1111(h)(2)(C) with respect to all waived requirements in section 1111(h)(1)(C) as well as 1111(h)(2)(C)(i)-(ii)(information showing how students in a local educational agency (LEA) and each school, respectively, achieved on the academic assessments compared to students in the State and LEA).

Federal program affected by the requested waiver

Maine’s Model of School Supports identifications will be impacted due to the following reasons:

• Exclusion of the chronic absenteeism indicator

Governor Janet Mills declared a state of Civil Emergency on Sunday March 15, 2020. As a result, schools were recommended to cease traditional classroom-based instruction as soon as practical and for the duration of our state of Civil Emergency, currently 30 days to be re-established as many times as the situation warrants. Maine schools are not providing traditional classroom-based instruction within brick and mortar buildings. As of March 25, Maine schools remain “closed” through April 27^th.

• Excluding the 95% participation rate within the academic achievement indicator

The grade 3-8 and 3^rd year of high school math and ELA/Literacy assessments, are currently closed and therefore students are unable to participate.

• Exclusion of additional school identifications and subsequent supports to schools

As a result of excluding the chronic absenteeism indicator and not utilizing the 95% participation rate for academic achievement, Maine’s Model of School Support will not have a complete data set and will be unable to identify additional schools eligible to receive supports.

Comments may be submitted to: ESSA.DOE@maine.gov

Given the current circumstances, the Mitchell Institute is extending the Mitchell Scholarship application deadlines by one month. Learn More Here:  http://mitchellinstitute.org/scholarship/

Extended MAY 1 deadline (previously April 1):

• Online Mitchell Scholarship application
•  High school transcript with mid-year grades
• Recommendation letter
•  Student Aid Report

Extended JUNE 1 deadline (previously May 1):

•  College acceptance letter for applicant’s top choice school
• Financial aid offer for applicant’s top choice school

We hope these extensions will alleviate some of the pressure that students may be feeling. We truly appreciate the effort that has already been put into submitting applications and required documents. Though we had hoped to start evaluating applications next week, we understand that it may be difficult for some applicants and their schools to meet the April 1 deadline due to recent announcements that many schools have now extended remote learning until the end of April. We are also aware that a growing number of colleges have extended their enrollment deposit deadlines to June 1. We also hope this additional time will provide the opportunity for continued outreach to students who have not yet applied.

Dear Champions of Education,

We are hopeful that the Governor’s message yesterday afternoon will help our state to slow the progression of the coronavirus and ultimately allow us to avert some of the catastrophic situations we’re seeing in other regions. We’ve been receiving several questions about whether education and nutrition services provided by local schools are considered to be essential, and the answer is that they are essential.  Certainly it is advisable to have as many staff members as possible working from home, but CDC guidance (Maine and national) continues to recognize the importance of continuing to provide essential services and continues to recommend careful hand washing, avoiding large groups, and generally keeping a 6’ bubble of space from others.

In response to many questions and concerns from the field, here are some clarifications:

MINIMUM NUMBER OF DAYS for the SCHOOL YEAR: The minimum number of school days will be waived for the 2019-2020 school year.

STATE ASSESSMENT SYSTEM AND ESSA ACCOUNTABILITY: Maine has applied for, and has received, waivers that eliminate state assessment requirements for this year.

CERTIFICATION: Extensions of up to 1 year will be provided for renewal applications that have been impacted by COVID-19 disruption.

PRE-SERVICE / EDUCATOR PREPARATION PROGRAMS:  In lieu of certain coursework, practicum, and/or internship requirements, DOE will accept recommendations from educator preparation programs regarding the qualifications of pre-service educators who are currently in a educator preparation program/certification program that has been disrupted by COVID-19.

PEPG:  DOE will not hold SAUs accountable for compliance with state statute/regulations regarding professional growth / supervision & evaluation systems. Enforcement of locally developed and/or adopted policies, programs, and systems remain at the discretion of local SAUs.

IDEA/SPECIAL EDUCATION SERVICES:  We recognize that it is reasonable for schools and districts to be at different places when it comes to providing continuity of education for all students.  It has only been a few days, and we’re hearing that some districts were up and running with a full program on “day one” and that others are still working hard to get the necessary materials, plans, logistics, and systems in place. We have also heard that (in Maine and across the nation) some school leaders are hesitant to offer any services until they are able to support full IEP accommodations.

We urge you to provide the best programming you can for all students and to offer as many accommodations as possible to facilitate universal access. FAPE under more “traditional” circumstances likely looks different from FAPE under a state and national emergency that has temporarily redefined what public education looks like. IEPs were based on a set of basic circumstances one would expect in a traditional school setting, and education for all students is very different right now. Fear of putting forth anything short of perfection at this time will immobilize you and your teams of educators when you most need to be proactive and innovative.

Please check out our most updated guidance and resource page for Special Education:  https://www.maine.gov/doe/learning/specialed/covid19  As always, our specialists at DOE will be glad to answer your questions and to assist you as you move ahead with offering educational programming to all of the students in your care.  Nobody should be feeling alone in this, so please connect as often as needed.

SCHOOL BUS DELIVERIES of MEALS and ACADEMIC MATERIALS:  Just when you think there couldn’t be another rule or statute to trip over as we find our way through all of this… guess what?  Turns out that the flashing lights on buses must only be used when school-aged passengers are on board. Please ask your transportation team to just pull over and use a regular blinker when making deliveries.

CDC NOTIFICATIONS to SUPERINTENDENTS and SCHOOL NURSES WHEN POSITIVE COVID CASE IS IDENTIFIED:   Due to the current workload involved in investigating and monitoring positive cases of COVID-19, the multiple means of testing, and the prevalence of community transmission in some areas of the state, it is possible that both families of students and/or staff members will have notified schools before Maine CDC staff does. It is also likely that they (the student or staff) will know the preliminary result before the Maine CDC does. Because of this, Maine CDC can no longer guarantee that the superintendent and school nurse will be notified of a positive COVID-19 case. The Maine CDC and Maine DOE will do their best to communicate as we are able with school staff as quickly as possible. If you learn of a positive case in your school community (staff or student), please contact Emily Poland, our Nurse Consultant at DOE at emily.poland@maine.gov.  She is working with CDC to provide a model letter for school leaders to use as they notify others of a positive case.

We hope these clarifications are helpful, and we will keep you updated as the situation progresses. Please don’t hesitate to reach out to the specialists at DOE for support and/or guidance regarding these updates or any other concerns and questions.

Thank you for all you do,

Pender

Dear Champions of Education,

As both the COVID-19 situation and our State’s response to it continue to evolve, we know that you’re hoping for more answers.  Here are some very basic and general things to keep in mind as you focus on what is most important – leading

1. LD 2167 (the omnibus emergency bill passed last week) included additional flexibility with respect to the required number of school days: “the Governor, in consultation with the Commissioner of Education, may implement for elementary and secondary schools a plan to: (1) Waive the compulsory attendance requirements of Title 20-A, chapter 211 and any rules regarding compulsory attendance, including the minimum number of school days, or allow the compulsory attendance requirements to be met through nontraditional learning systems, including but not limited to remote access;”  Therefore, we will waive the minimum number of required school days and attendance requirements for this school year.
2. We have submitted a waiver for ESSA assessments and accountability system at US ED and are confident this will be granted.
3. DOE will not be holding districts accountable for compliance with state statutes and regulations that are impossible to implement as a result of the COVID-19 disruptions.  We encourage you to focus on those regulations that involve health and safety at this time.
4. We urge you to make plans for providing educational services for all of your students, including those with and without disabilities.
5. As for your many other questions: it would be irresponsible for us to get out in front of issues that are subject to ongoing change due to this unprecedented challenge – we recognize that all districts and all schools are likely at different places in terms of resources, readiness, and capacity. We also have great faith in your professionalism, dedication and commitment to doing what is best for your students.

We are attempting to obtain wireless internet-enabled tablet devices that could be used by teachers and students who do not have internet access. The equity gap between those who are able to remain connected and those who are not has become increasingly impactful. Please let us know if there are other resources or supports that would be helpful to you during this time.

Sincerely,

Pender

Commissioner of Education Pender Makin has created a video message for the administrators, educators and support staff who have been working tirelessly to provide for their students in an predictable time.  You are heroes, and on behalf of all your partners at the Department of Education, thank you.

Guidance for Governor’s Executive Order Regarding Employees in Maine’s Public Schools

Where can I read the Executive Order?  The Executive Order is here.

To whom does this Executive Order apply? School administrative units (SAUs) including charter schools, CTE programs, Education in the Unorganized Territory (EUT), magnet schools, and Child Developmental Services (CDS).

Are school employees expected to work? Yes. This order is based on our collective expectation that both salaried and hourly employees are available and continuing to work and to provide urgently needed services for schools and the students they serve.

What are the implications for staff members paid by federal funds?  Please see the guidance we posted on March 18, 2020.  It can be found here.

Does the work need to be performed onsite in order to be paid? No.  Administrators may work with staff to determine some tasks that can be done remotely (putting packets together for kids, helping teachers in what they are doing, outreach, etc.). This may vary in each setting, depending on needs and resources. Work onsite should follow updated guidance for hygiene. Check DOE website.

What if an otherwise healthy staff member has been asked to self-quarantine or is in a shared living situation with someone who has been asked to self-quarantine or is sick?  They could be given tasks to be completed at home when possible and appropriate, and would continue to be paid.

What if a staff member is able and available to work, but there is no work (or limited work) for them to do? Staff members should remain on call and ready to work as opportunities and needs arise. Work offered should be something the staff member is able to perform, and staff and supervisors should have a conversation about any limitations and any support that might be needed. This is likely to be a long-term situation, and schools are likely to require different tasks to be completed at different times. These staff members should continue to receive pay, based on most recent schedule prior to the COVID-19 related emergency and individual contracts.

Where is this money coming from?  State, federal, and local resources have been appropriated and allocated to cover staffing costs for the full 2019-2020 school year.

Child Nutrition
Many Maine children depend on the food they receive during the school day. At this time, U. S. CDC guidance estimates school closures may last between 8 and 20 weeks, once community transmission is happening. This makes it even more important for schools to try and continue, to the best of their abilities, to provide consistent food services. The U.S. CDC has asked schools to ensure continuity of meal programs for students.  The U.S. CDC is not aware of any reports at this time of human illnesses that suggest COVID-19 can be transmitted by food or food packaging. However, it is always important to follow good hygiene practices (i.e., wash hands and surfaces often, separate raw meat from other foods, cook to the right temperature, and refrigerate foods promptly) when handling or preparing foods.

We are encouraging schools to continue their food service programs during this time. Practicing normal sanitation procedures for food service will help to keep all staff as safe and healthy as possible.  Use the following information to assist you in your work:

• Follow the three W’s: WASH HANDS, WASH HANDS, WASH HANDS.
• While hand sanitizers can be helpful they are NOT as effective as washing your hands. When hand washing be sure to use warm water.  Dry hands using disposable paper towels.
• Wear single use, disposable gloves when serving meals from any location, whether on site at your school or from a mobile unit. Remove and dispose of gloves after delivering meals to each mobile location.
• If distributing meals, be sure to take hand sanitizer with you to use as needed.
• If the school cafeteria will be open to distribute meals, follow normal sanitation practices.
• Environmental Cleaning & Disinfecting Guidance
• USDA Guidance on Food Service during COVID-19

Coolers will be required since “offer vs serve” is no longer an option and the cold items, especially milk, must be kept cool.  A suggestion is to place the coolers in the freezer or cooler overnight to help them maintain temperatures.  Only take out of the coolers the meals needed for distribution.  When returning from delivering meals be sure to clean and sanitize the coolers used.

Supplies
Supplies such as hand sanitizer, disinfectant wipes, and masks are in short supply nation-wide. Our state does have a supply for emergencies such as this, but even that supply is expected to run low. The highest priority for fulfilling requests from this supply is for the healthcare setting such as hospitals, long term care facilities, emergency medical provider and other similar agencies. Since schools are no longer full of children, they are not even on the tiered system of distribution. Because of this, we request that you refrain from completing any “Resource Requests” at this time. Washing your hands with soap and water is the best prevention. And surfaces can be wiped down with other cleaning solutions rather than disposable wipes.

Reminders
We understand that many schools are still open and have staff in them preparing distance learning for students.  The halting of classroom-based instruction is to increase social distancing, which is difficult to do in hallways, classrooms and cafeterias filled with children. The school building itself is not unsafe, and adults can occupy this space if they follow the basics.  While staff are in your buildings, please enforce the general social distancing rules:

• Stop handshaking – use other noncontact methods of greeting
• Maintain distance of 6 feet when in the same room with others
• Avoid congregating in spaces with 10 or more people

Practice good hygiene:

• Clean hands at the door and schedule regular hand washing reminders by email
• Create habits and reminders to avoid touching their faces and cover coughs and sneezes
• Disinfect surfaces like doorknobs, tables, desks, and handrails regularly
• Increase ventilation by opening windows or adjusting air conditioning

The best thing that Maine people can do to protect their health is to practice social distancing and take the same preventive measures that avoid catching a cold: Wash your hands often for 20 seconds. Cover coughs and sneezes. Stay home if you are sick. Symptoms of COVID-19 include fever, shortness of breath, and lower respiratory distress. Call ahead to a health care professional if you develop a fever and symptoms of respiratory illness.