Proposed Rules for Chapters 115 and 180 (Credentialing and PEPG)

Revised Rule Chapter 115: The Credentialing of Education Personnel and Rule Chapter 180: Performance Evaluation and Professional Growth Systems have been provisionally adopted and will go to the Joint Standing Committee on Education and Cultural Affairs.

Proposed rules are posted on the Proposed Rule web page of the Maine DOE website – rules can be found in order of chapter number.

Purpose of the rulemaking:

Chapter 115: The Credentialing of Education Personnel

Major Substantive

The changes made the language clear, more concise, logical, and sequential and reduced the number of pages in Part 1 from over 40 to under 30. Some of the specific changes include:

Consolidation of the number of credentials available to three: (1) a clearance (formerly known as an approval), (2) a certificate, and (3) a conditional certificate;
Changes to the credentialing of educational technicians Is and IIs to provide greater flexibility and discretion to school administrative units;
Establishes an educational technician state certificate (for the former educational technician IIIs);
Requires superintendents to certify credentials of employees every six months against the chart provided in the rule by Department of Education of the corresponding NEO position codes with the valid endorsements;
Updated definitions, including the definition of “teaching experience” so it can now be accrued during long-term substitute teaching;
Revised to fine-tune some of the endorsements; and
Added a new pathway to bring people into the classroom based on work experience and other qualifications.

Chapter 180: Performance Evaluation and Professional Growth Systems

Major Substantive

Changes are contained in a new Section (11): Peer Support and Feedback, and accomplish the following:

Retain a peer level of peer support and feedback for all teachers and principals.
Establish a mentor/coach component for all newly hired and conditionally certified teachers.
Differentiate peer support requirements to provide greater support for new and conditionally certified teachers.
Provide greater, more structured support for conditionally certified special education teachers.
Provide the school administrative unit with flexibility in establishing mentor and coach qualifications as well as assigning mentors and coaches to better target educator needs.
Sharpen the line between peer support components and evaluation components

The proposed rules will be presented to The Joint Standing Committee on Education and Cultural Affairs in the current legislative session. Committee schedules for Public Hearings and Work Sessions can be found on the Maine State Legislature’s website.

Seeking comments for proposed repeal of Rule Chapter 250: School Approval for Non-Traditional Limited Purpose Schools

Rule Chapter 250: School Approval for Non-Traditional Limited Purpose Schools has been filed to be repealed as the underlying statutory authority has been repealed.

The original statutory language can be found on the Proposed Rule web page of the Maine DOE website.

Comments can be submitted in writing via email to Jaci Holmes at jaci.holmes@maine.gov by March 30, 2018.

Seeking comments for proposed repeal of Rule Chapter 129: Rights and Responsibilities of Educators and Pupils

Rule Chapter 129: Rights and Responsibilities of Educators and Pupils has been filed to be repealed as the underlying statutory authority has been repealed.

The original statutory language can be found on the Proposed Rule web page of the Maine DOE website.

Comments can be submitted in writing via email to Jaci Holmes at jaci.holmes@maine.gov by March 30, 2018.

Seeking comments for proposed repeal of Rule Chapter 51: Child Nutrition Programs in Public Schools and Institutions – regulations already outlined in federal law

Rule Chapter 51: Child Nutrition Programs in Public Schools and Institutions has been filed to be repealed. The routine technical rule is not needed as the federal regulations articulate the responsibilities for the school administrative units to follow.

The original statutory language can be found on the Proposed Rule web page of the Maine DOE website.

Comments can be submitted in writing via email to Jaci Holmes at jaci.holmes@maine.gov by March 30, 2018.

Seeking comments for proposed Rule Chapter 45: Rule for Vision and Hearing Screening in Maine Schools

Rulemaking for Chapter 45: Rule for Vision and Hearing Screening in Maine Schools been filed as a proposed routine technical rule. A hearing date and comment periods has been scheduled. The proposed rule has been posted on the Proposed Rule web page of the Maine DOE website. Proposed rules can be found in order of chapter number.

Purpose of the rule revision: This rule outlines the standards and processes for periodic vision and hearing screenings. The purpose of a screening is to identify potential hearing or vision deficits among school age children and refer for further care. Updates to the rule reflect current national recommendations for hearing and vision screenings. The rule clarifies techniques and acceptable research-based tools for schools to use.

Hearing Date:
March 20, 2018 from 10:30 – 11:30 AM
Room 541 of the Cross State Office Building, 111 Sewell Street, Augusta, Maine

Comment period: ends on March 30, 2018.

Comments may be submitted in person at the time of the scheduled hearing or in writing via email to Jaci Holmes at jaci.holmes@maine.gov.

Seeking comments for proposed Rule Chapter 14: Education of Homeless Students

Rulemaking for Chapter 14: Education of the Homeless Students been filed as a proposed routine technical rule. A hearing date and comment period has been scheduled. The proposed rule has been posted on the Proposed Rule web page of the Maine DOE website. Proposed rules can be found in order of chapter number.

Purpose of the rule revision: This is a revision of the existing rule which defines a homeless student, outlines procedures for identifying and enrolling homeless students and for resolving disputes over their identification and educational placement, and assures access to appropriate educational services for homeless students consistent with the McKinney-Vento Homeless Assistance Act.

Hearing Date:
March 20, 2018 from 9:00 – 10:00 AM
Room 541 of the Cross State Office Building, 111 Sewell Street, Augusta, Maine

Comment period: ends on March 30, 2018.

Comments may be submitted in person at the time of the scheduled hearing or in writing via email to Jaci Holmes at jaci.holmes@maine.gov.

Comments sought on Maine’s IDEA Part B application

The Maine Department of Education (DOE) is seeking comments from the public on its annual application for federal funds under Part B of the Individuals with Disabilities Education Act (IDEA), which covers services to children with disabilities, ages 3-20.

The application, which covers Maine fiscal year 2019 (starting July 1, 2018) is posted on the Maine DOE’s webpage at http://www.maine.gov/doe/specialed/idea. The Part B budget is projected on the basis of Maine’s award for the current State fiscal year (2018), pending the State’s receipt of the finalized federal award for the coming year. Both documents will be posted from March 8^th, 2018 through May 8^th, 2018.

Written comments will be accepted from March 9^th, 2018 until 4 p.m. on Friday, April 6^th, 2018. Please send comments to Janice Breton at janice.breton@maine.gov or 23 State House Station, Augusta, ME. 04333.

EPS High-Cost Out-of-District Report (EF-S-214) open for reporting on March 1

The EF-S-214 will be open to Maine public schools on March 1 for data entry. School administrative unit staff responsible for completion of this report should complete the report in NEO as early as possible to allow time for certification by the special service director and the business manager. The Department’s School Finance Team must approve the report by April 15 in order to apply eligible adjustments to the current year subsidy calculation before the end of the fiscal year.

The EF-S-214 report is required to be submitted by all publicly funded school administrative units. Only costs for tuition and board should be included in the report, and only students that have a total cost above $36,229 should be included on the report. School administrative units should project the costs for the remainder of the fiscal year. For those school administrative units with no students that will meet that threshold, a “zero” report should be submitted.

Reminder of changes made to the report since the last reporting cycle:

The form is to be certified and submitted by the business manger
The ability to import out of district placements is now available
Students can have multiple lines if they have had more than one placement during the year
There is now the option to view a summary sheet which provides a total adjustment amount, if all costs are approved
An internal messaging system has been added to communicate questions
The form will auto-populate the school administrative unit contact information based on data on file in the Department’s NEO staff module

The EF-S-214 report may be found by logging into NEO at: https://neo.maine.gov/DOE/NEO/Accounts/Account/Login

Please contact Stephanie Clark, Fiscal Review and Compliance Consultant at stephanie.clark@maine.gov

Early Start Maine Earns National Recognition for Infant and Early Childhood Intervention

Early Start Maine, a program funded by federal grants for special education administered through the Maine Department of Education, has received the national 2018 Exemplary Program Award for Infant and Early Childhood Intervention services by the American Council on Rural Special Education, the national organization devoted entirely to special education in rural America.

Early Start Maine is housed at the University of Maine and works throughout the state to support young children with autism and their families. In collaboration with Child Development Services (CDS), Early Start Maine provides training, professional development, and technical assistance to early intervention service providers working with toddlers with autism. The program’s comprehensive early intervention system has positively affected services provided to children with autism and their families.

This national award is granted annually for programs that demonstrate exemplary programs providing service to rural communities, involving the community, and having a significant impact on rural special education.

For more information about this award, see https://umaine.edu/autisminstitute/2018/02/20/maier-early-start-maine-program-receives-national-recognition/

Updated guidance on local approval for regional service centers

The Department is issuing updated guidance on obtaining local approval for a regional service center (RSC). Previous guidance stated that each school administrative unit (SAU) member of an RSC must hold a referendum on their interlocal agreement; however, a recent review of applicable statutes provides that local practices and each SAU’s structure will determine the approval process for an RSC interlocal agreement. Specifically:

Approval by town meeting

For a regional school unit (RSU), school administrative districts (SAD), community school district (CSD) or municipal school unit that has a town meeting to approve the annual school budget, a referendum is not required to approve an interlocal agreement establishing an RSC. These types of SAUs can obtain local approval of the interlocal agreement establishing an RSC at the annual school budget meeting.

Approval by referendum

There is no change to guidance for cities and charter municipalities that do not approve the annual school budget at an annual budget meeting. For SAUs in this category a referendum vote to approve an interlocal agreement establishing an RSC will be required on the June 12, 2018 statewide election day.

As stated in Regional Service Center Part I Letter and Guidance published in the Maine DOE Newsroom in December 2017, the Department remains committed to the goal that initial regional service centers will be operational by July 1, 2018, and encourages all applicants to pursue this timeframe.

In the event that there are applicants with member SAUs that are unable to ratify interlocal agreements in time for July 1, the Department will consider, on a case by case basis, whether it makes sense to hold the regional center subsidy for a reasonable amount of time to allow local school communities to reach agreement. In such an instance, the Department will proceed as follows:

The subsidy adjustment calculated for each participating SAU on the ED 279 will be held by the Department, pending the negotiation of an agreement between the Department and each SAU.
In the agreement, the member SAUs will outline the steps that will be taken during the 2018-2019 fiscal year to finalize the regional service center, and laying out milestones that the member SAUs commit to meeting by certain dates to keep the progress on track.

In the event that the milestones are met and ratification of the regional service center occurs by the deadline established in the agreement, the DOE shall make the entire subsidy adjustment available to each member SAU that joins the proposed regional service center and agrees to purchase at least two services from at least two distinct categories.